B08 W911WN21Q3000 0001.pdf

W81ET403383529

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

RE: Buildings and Grounds Maintenance at Mahoning Creek Lake

The purpose of this amendment is to:

1. Respond to questions submitted by vendors.

2. Delete air monitoring requirements from C-11.2 of the PWS.

3. Update Wage Determination 2015-4235 from Rev. 13 dated 11 May 2020 to Rev. 14 dated 21 December 2020 in Attachment 5

4. Add high-resolution (low leaf cover) maps as a supplement to the attachments. Attachment 2's f igures 2.4 and 2.5 are consolidated in this version of the Leaf Removal and Disposal Area map on page 15 of the supplement.

5. Move Provision 52.229-11 from the Clause section to the Provision section.

1. CONTRACT ID CODE PAGE OF PAGES

1 32

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 15-Jan-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W911WN21Q3000

X 9B. DATED (SEE ITEM 11)

23-Dec-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

15-Jan-2021

CODE

U.S. ARMY ENGINEER DISTRICT, PITTSBURGH

ATTN CELRP-CT

W S MOORHEAD FEDERAL BUILDING

1000 LIBERTY AVENUE ROOM 2203

PITTSBURGH PA 15222-4186

W911WN 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W911WN21Q3000

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

QUESTIONS AND ANSWERS

1. Q - Will dumpsters be provided to empty trash receptacles into?

A - Yes

2. Q - Will toiletries and garbage bags be provided?

A - The contractor will provide toilet paper, paper towels and garbage bags. Please see C-1.23 of the Performance Work Statement in the Solicitation.

3. Q - Will leaf removal only be for the area shown or will there be other areas that will need removal done?

A - Areas requiring leaf removal are shown on Figure 2.5 of Attachment 2.

4. Q - Will an employee that only works on this contract one or two days a month be entitled to the vacation Benefit?

A - Yes, on a pro-rated basis. The Department of Labor’s Field Operations Handbook, available at https://www.dol.gov/agencies/whd/field-operations-handbook, identifies the following:

14j05 Temporary and part-time employees.

(a) The SCA makes no distinction between temporary, part-time, and full-time employees. In the absence of express limitations, the fringe benefits specified in the wage determination apply to all temporary and part-time service employees engaged in covered work. However, in general, temporary and part-time employees are only entitled to an amount of the fringe benefits specified in the wage determination which is proportionate (i.e., a pro rata share) to the amount of time spent in covered work. Unless otherwise specified in the wage determination, vacation and holiday benefits are based upon a full-time schedule that consists of 40 hours a week or 8 hours a day. See 29 CFR 4.165(a)(2), 29 CFR 4.176(a), and FOH 14i00(c).

(b) Holiday obligations to temporary and part-time employees who work an irregular schedule of hours may be discharged by paying such employees a proportion of the holiday benefits due full-time employees based on the number of hours the temporary and part-time employee worked in the workweek prior to the workweek in which the holiday occurs. With respect to vacation obligations, the number of hours such employee worked in the year preceding the employee’s anniversary date of employment may be utilized to determine vacation benefits due. See 29 CFR 4.176(a)(3).

5. Q - Is cubic Yard the anticipated Unit for Mulch and Drift, Debris, Trash Line items? If so how is the drift, debris, trash removal being measured prior to burning?

A - Per the solicitation and price schedule, the unit is cubic yard. Once the drift and debris has been aggregated into a pile(s) at the disposal/burn site, the Project will measure to determine cubic yardage.

Ultimately the Project and the contractor will agree on the size. Amounts will vary from year to year; it would be uncommon for the annual volume to approach 1000 cubic yards.

6. Q - Is Line Item No.0015, Trash Receptacles for May 1 to September 1st, what is the frequency?

A - See page 22 of Attachment 3: Cleaning Services

7. Q - What is the unit in reference to for Line item No. 15A-C?

A - Per the solicitation and price schedule, the unit is “each” (EA).

8. Q - I have a question about the mowing at the Mahoning Creek Lake. I don't see the mowing of the Milton

Loop Campground. I am reviewing the mowing specs and looking at the aerial photos. It looks like this might be Figure 1.3: Area A Recreation Area? can you confirm this?

A - See Figure 1.9 of Attachment 1. The caption identifies the area mowed as approximately 2.3 acres of paths.

9. Q - Does the USACE currently have a vendor where waste is sent and do they have a preference as to where waste shall be sent?

A - USACE is responsible for the disposal of waste. Dumpster is provided on site for waste removal.

10. Q - Is there a list of cleaning chemicals/supplies that the USACE has already pre-approved?

A - No

11. Q - What operations/tasks require air monitoring?

A - No services on this solicitation will require air monitoring. C-11.2.g.4 has been deleted from the Performance Work Statement of the solicitation.

12. Q - Is there a list of air pollutants that air monitoring shall be completed for?

A - No services on this solicitation will require air monitoring. C-11.2.g.4 has been deleted from the Performance Work Statement of the solicitation.

13. Q - Will the government please provide the annual FFP and IDIQ values of the incumbent contract?

A - A contract is not currently in place. The value of the previous contract can be found on page 102 of the solicitation. The Government will not provide annual numbers.

14. Q - Are the requirements of this contract the same as the prior contract? If significant changes have been made, will the government please summarize those changes?

A - Per page 103 of the solicitation, the requirements of the scope have changed. The Government will not provide a summary of changes.

15. Q - ELIN XX0016 – Drinking Fountain Cleaning does not show a total number of fountains. Can the government please provide a count?

A - One (1) Drinking Fountain. See Figure 3.7 of Attachment 3. The caption identifies a total of one (1).

The fountain location is identified on the High-Resolution Map incorporated into the solicitation via Amendment 0001.

16. Q - Section C-1.14 – Supervision discusses the requirement for an onsite QCI who also appears to act as a site supervisor. Is the government’s intent for this QCI/Supervisor to management the “day-to-day administration of the contract provision” on their own, or is this in addition to an onsite project manager?

Based on the prior yearly contract values, it appears there either wasn’t an onsite supervisor/QCI or they were a working lead. Can the government please clarify the intent?

A - See C-1.31(c) and C-1.14 of the Performance Work Statement. The Performance Work Statement does not require the QCI to be onsite with the exception of Emergency and/or after hours work when the Contractor Representative cannot be present.

17. Q - Can the government please confirm that the cost of debris/trash hauling off-site is the responsibility of others and is not part of this solicitation?

A – This requirement does not include Solid Waste Removal Services. See C-8.4 e regarding the burning of debris.

18. Q - Regarding the line item for MULCHING OF SHRUB BEDS AND TREES: Is the Cubic Yard quantity to include pricing of the mulch AND the labor to place the mulch? Or is it just labor? The attachment notes that this service “requires the contractor to obtain a quote & discuss with the COR” prior to ordering the mulch or performing the task.

A – Pricing includes the mulch AND the labor to place the mulch. Because it may not be necessary to replace all the mulch each year, the purpose of the meeting with the COR is to ensure that the quantity of mulch ordered is not more/less than what is required.

The following have been modified:

ADDITIONAL INFORMATION

Provisions to fill-in and return with quote:

*FAR 52.204-24

*FAR 52.209-7

*FAR 52.212-3: If your System for Award Management (SAM) registration is current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation) as of the date of your offer, only paragraph (b) needs to be filled in; otherwise complete the entire provision.

*FAR 52.229-11

*DFARS 252.204-7016

*DFARS 252.204-7017

*DFARS 252.232-7015

Pre-Quote meeting: Due to the health and safety concerns related to COVID-19 pandemic, there will be Virtual Pre- Quote Meeting and an organized Pre-Quote Site Visit to provide an opportunity to review the scope of work and to accurately assess the work sites. Attendance is not mandatory; however, it is highly encouraged. The Pre-Quote Meeting is scheduled for 4 January 2021 at 08:00 a.m. ET. Registration is required. Please email leanna.c.lesefka@usace.army.mil by 2:00 p.m. ET on 3 January 2021 to register. Once you have registered, meeting access information will be emailed.

Site Visit: An organized pre-quote site tour is scheduled for Tuesday, 5 January 2021 at 10:00 a.m. ET. In the event of inclement weather, such as rain, snow, or other emergencies, the make-up date of the on-site tour will be 7 January 2021 at 10:00 AM ET. Meet at the Maintenance Building at Mahoning Creek Lake: 145 Dam Site Road, New Bethlehem, Pennsylvania 16242. You must register in advance by emailing leanna.c.lesefka@usace.army.mil by 2 p.m. ET on 4 January 2021. Face masks and social distancing are required. Participation will be limited in accordance with Pennsylvania Health Department guidelines in effect.

Questions will not be answered during the pre-quote meeting nor the site visit; they should be written down and emailed afterwards following the instructions below.

Questions: Contractual and Technical questions relating to the solicitation or procedures are to be submitted via email to: LRP.contracting@usace.army.mil mil and ‘cc’ Leanna Lesefka at leanna.c.lesefka@usace.army.mil no later than 11:00 a.m. ET five (5) business days after the scheduled site visit. No questions will be answered after that date. Use the solicitation number as the SUBJECT: W911WN21Q3000 (Mahoning). An amendment to the solicitation will be posted on beta.SAM.gov to answer all questions received in a timely manner.

Directions to Mahoning Creek Lake Resource Manager’s Office (from Pittsburgh area):

Take PA-28 North to Kittanning area.

Follow signs for 422 East (Kittanning/Indiana).

PA-66 becomes part of this route.

From this point, follow signs for PA-66 North.

After divided highway ends, continue about 7 miles and turn right onto PA-1018.

Continue 5.4 miles, and instead of curving off to the right, turn left onto PA-1025.

Immediately turn right onto Belknap Rd.

At end of road, turn left.

Keep right as road winds down into valley.

Coming back up out of the valley, turn right at project site sign.

Price Schedule: An Excel spreadsheet is included and shall be used for pricing the requirements. It shall be returned as an unprotected Excel attachment to the solicitation when providing your quote. The quoter shall use the standard US currency method of exactly two numerals to the right of the decimal point to calculate the extended price (i.e.

use 12.34 not 12.3405289). The quoter is responsible for verifying all calculations.

FAR 52.217-8, Option to Extend Services is included in this solicitation and any resultant contract. The rates (as evaluated during the contract award process) to be used during the continued performance of any services will be the rates in effect at the time of the extension.

Previous contract information: W911WN20D3000 was awarded to Marine Technology Solutions for a total of $741,141.80 for the base year and four (4) one-year option periods; the government cannot attest to whether or not the contractor has earned a profit. This requirement has changed; therefore, the previous award is not reflective of the current scope and these statements are made for informational purposes only.

Quotes will be evaluated as follows:

Price evaluation: The government shall review acceptable offers by lowest price. Price reasonableness and fairness will be evaluated.

Award will be made to the lowest-priced, responsible* offeror, whose quote conforms to the requirement of the solicitation. [*Responsible means a contractor that meets the standards in FAR 9.104-1 – available at www.acquisition.gov] The government reserves the right to reject any quote determined to be unrealistically low for successful contract completion and that would not be in the best interest of the government.

LIST OF ATTACHMENTS

Attachment 1 Grass Mowing Attachment 2 Maintenance of Landscaped Areas Attachment 3 Cleaning Services Attachment 4 Drift, Debris and Trash Removal Attachment 5 Wage Determination 2015-4235

PERFORMANCE WORK STATEMENT

SECTION C-1

General

C-1.1 PROJECT INFORMATION.

The Mahoning Creek Lake project is located in Redbank Township, in northern Armstrong County, PA. The concrete dam is located on the Mahoning Creek, 25 miles upstream from its junction with the Allegheny River in Templeton, PA. Public-use facilities owned and operated by the Corps at Mahoning Creek Lake include the Dam Site Day Use Area including a trail and pavilion, the Fisherman’s Trail, the Outflow Day Use Area including a pavilion, playground, restroom building, and fishing pier, the Area A Day Use Area including a playground and restroom building and Mahoning Creek Lake.

C-1.2 SCOPE OF WORK. The Contractor shall furnish all necessary management, personnel, materials, supplies, tools, equipment, fuel, and vehicles, except as otherwise provided herein, required to perform mowing, cleaning, janitorial, and other maintenance services at the Mahoning Creek Lake project recreation areas, as specified and in strict accordance with all Terms, Conditions, General, Specific and Technical Provisions, Drawings, Attachments, Appendices, etc., contained herein or incorporated by reference.

It is emphasized that the work described in this contract is a critical part of the Corps’ mission. The work described will be performed in a public recreation area. The Corps is committed to "Customer Care" and providing quality professional service.

C-1.3 TASK ORDERS. All work under this contract will be ordered by issuance of individual Task Orders (SF 1449). No work shall be performed under this contract before an individual Task Order has been issued by the Contracting Officer. Under normal conditions, Task Orders will be issued that require response within 24 hours after receipt. The Task Order will list those items from the contract schedule that are to be performed, include funding for the ordered work, state the period of performance covered and provide invoicing instructions. Only the Contracting Officer, by issuance of a modification, may make any change to a Task Order.

All invoices are to be submitted to the COR for review no later than the 15th day of the month following the month the task order ends.

The weekly/bi-weekly/monthly schedule will be discussed at the pre-work meeting. The Contractor will provide a formal schedule for review and approval by the COR within three business days, as needed per Task Order.

If needed, after final payment has been made for services received on a task order, the Contract Specialist will send an email notification with information addressing service(s) not used during the performance period. Subsequently, a unilateral modification will be issued by the Contracting Officer to de-obligate funds for services not used and to reflect the services actually received by the government.

C-1.4 DISTRIBUTION. The contractor will provide the site foreman with a copy of the contract (Performance Work Statement and Attachments/Appendices) and site supervisors with their pertinent section of the contract to ensure complete and thorough service to the Government.

C-1.5 WORKING HOURS.

a. Normal Working Hours. Normal working hours, except as otherwise specified herein, shall be Monday through Friday, 7:30 a.m. to 3:00 p.m. Eastern Time (ET) or as specified on the Task Order. Work inside Government buildings or other secured areas shall be performed during the above referenced work hours. Work that interferes with other ongoing functions at the project shall be scheduled around normal working hours, as specified by the Contracting Officer Representative (COR). Refer to individual sections of this PWS for specific schedules of work.

b. Holiday Work. The ten Federal holidays observed are:

New Year's Day (January 1st) Martin Luther King Day (3rd Monday in January) President's Day (3rd Monday in February) Memorial Day (Last Monday in May) Independence Day (July 4th) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day (4th Thursday in November) Christmas Day (December 25th)

When one of the above designated holidays falls on a Sunday, the following Monday is observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday. Work shall be scheduled around the above listed Federal holidays except as specified herein or as approved by the

COR.

c. Inclement Weather Work. The Contractor shall maintain the schedule of services regardless of inclement weather. Exceptions may be approved by the COR when severe conditions make it impractical or dangerous to perform the work. The Contracting Officer will notify the Contractor, by modification to the Task Order, of any change that extends the performance period due to inclement weather.

d. Emergency and/or After Hours Work. Work may be required on holiday periods during heavy visitation, emergencies, or for other reasons as determined by the COR. Additional personnel may be required to handle the additional work load during holiday periods because of heavy visitation. The COR will notify the Contractor of actual work requirements.

e. Notifications. Inclement weather and emergency notifications will be made by telephone call to the contractor in a timely manner as the government is able once the determination is made that an emergency or weather situation warrants notification and it will be followed up with an email.

C-1.6 CONTRACTOR SUBMITTALS. Unless otherwise specified, the Contractor shall submit the following information to the COR at the pre-work conference for this contract:

a. Quality Control Plan. A suggested outline of components for the Contractor's Quality Control Plan is in Appendix I.

b. Contractor Quality Control Inspector. List of Quality Control Inspector(s) and contact information.

c. Contractor Representatives. List of names of Contractor’s authorized representative(s) and contact information.

d. Accident Prevention Plan (APP). A suggested outline for the Contractor’s Accident Prevention Plan is in Appendix II. See Section C-1.9.b for APP requirements.

e. Emergency Contacts. A prioritized list, including phone numbers, of those persons (normally Contractor authorized representatives) to call in case of emergencies.

f. Certificate of Insurance. See Section C-1.32a.for requirements.

g. Security Requirements. See Section C-1.9.h for requirements.

h. A letter of compliance and a signed release from the dump site property owner, if applicable.

i. A letter from either the sewage plant accepting sewage or the state environmental agency approval of an alternate dump site, if applicable.

j. Contract Overview Workbook. Tabs for Security, Quality Control Inspector, Contractor Representatives, Emergency Contacts, etc. assist the COR in overseeing this contract. The contractor shall update this workbook monthly and submit it to the COR along with monthly invoices. An example is provided in Appendix III.

C-1.7 PERMITS AND LICENSES. The Contractor shall, at his own expense, obtain any licenses or permits required to perform all aspects, requirements, and work under this contract. The Contractor shall comply with all current Federal, State, and local laws and regulations and shall comply with any subsequent changes.

C-1.8 IDENTIFICATION OF CONTRACT EMPLOYEES AND VEHICLES. The Contractor shall furnish his employees, other than office and clerical personnel, standardized uniforms (shirt-pants/shirt-skirt) with a company patch or embroidered identification on the breast pocket or on the sleeve at the top of the arm, within 30 calendar days after notice of award of the contract. A hat with the Contractor’s company logo may also be worn. Any employee hired 30 calendar days after award of the Contract shall be in the required uniform within 14 calendar days of the date of hire. Contractor uniforms shall not resemble U.S. Army Corps of Engineers uniforms.

Contractor employees and subcontractors shall wear these uniforms at all times they are performing work under this contract. Exceptions may be granted by the COR for short term workers, or during disasters, emergencies, wildfire suppression, or special circumstances specified by the COR. Stained or faded uniforms shall not be worn. All vehicles used by the Contractor to perform work under this contract shall be identified with the company name prominently displayed on the outside of both front doors of each vehicle in a professional manner to provide an attractive and readily visible means of identification. These are to be professionally- made vinyl stick-on magnetic type signs. ‘Homemade’ signs made on a computer or with magic marker or stick-on letters and numbers on cardboard, etc., are not acceptable.

The Contractor may require his employees to report in their own vehicles to the project, but these personal vehicles must be parked at a site designated by the COR. All vehicles used in performance of work must be marked.

Vehicles used by the Contractor to perform administrative functions such as morning meetings or crew supervision must also be marked.

C-1.9 SAFETY AND SECURITY REQUIREMENTS.

a. General. If the Contractor fails or refuses to promptly comply with safety and security requirements as specified herein, the Contracting Officer may issue a stop work order for all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such work stoppage shall be made subject to any claims for extension of time or for excess costs or damages sustained by the Contractor.

Also, the Contractor will not be paid for work not performed as a result of the stop order.

The Contractor shall comply with the Occupational Safety and Health Act (OSHA), the Corps of Engineers Manual, EM 385-1-1 (https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf) as otherwise stated herein. Special attention shall be given to the requirements for safety meetings. The Contractor shall inform the COR a minimum of 7 calendar days prior to a Contractor monthly safety meeting, to permit a Government representative to attend.

b. Accident Prevention Plan (APP). Accident Prevention Plan (APP). Due to the nature of anticipated work, the Contractor may submit an abbreviated Accident Prevention Plan (APP). The Abbreviated APP shall be developed in accordance with EM 385-1-1 Appendix A, Paragraph K. In addition to the items specified as part of the Abbreviated APP, other programs and procedures pertinent to the Contractor’s anticipated activities shall be submitted as appendices to the APP. This APP and applicable appendices shall be submitted and approved by the Contracting Officer’s Representative at least one week prior to the pre-work conference and prior to commencement of any work.

Due to the recent COVID-19 pandemic, all Contractors that perform operations on LRP USACE-owned/operated facilities are to include an Infectious Disease Exposure Prevention, Preparedness, and

Response Plan as an addition to their overall APP. The plan shall describe how the Contractor will implement the requirements and best practices issued by Federal, State, and Local authorities in order to prevent the spread of COVID and/or other infectious diseases.

Once accepted by the Contracting Officer’s Representative, the APP and all attachments will be enforced as part of the contract. Disregarding provisions of this contract or the accepted APP is a cause for stopping of that portion of the work at the direction of the Contracting Officer’s Representative until the matter has been rectified.

A copy of the accepted APP shall be available on the worksite at all times. The Contractor shall provide on-going evaluations of the APP throughout the life of the contract. Changes, revisions, and updates to the APP shall be reviewed and accepted by the Contracting Officer’s Representative.

c. Activity Hazard Analysis.

1. The Contractor shall use Activity Hazard Analyses (AHA’s) as one of many tools to insure safe performance of work. It is the Contractor’s responsibility to prepare the AHA. An approved AHA must be prepared by the Contractor for each Task Order issued by the Contracting Officer. The AHA must be approved prior to performing jobs with inherent hazards, the Contractor shall review, at a “Tool Box” safety meeting, the approved AHA’s with those employees who shall perform that work each time the work is ordered. The Government may request advanced notification of the time and date of the above AHA Tool Box safety meeting for Contractor employees so that a Government representative may attend such reviews.

2. The Government will require the Contractor to prepare an AHA for any jobs for which an adequate AHA does not already exist. A copy of this AHA shall be submitted to the COR and must be approved before the Contractor starts the job. This copy of the AHA will become the property of the Government.

Guidance is included in Appendix IV, which shall be used by the Contractor as a guide for the preparation of required AHA's.

3. A copy of an approved AHA is required for each Task Order issued by the Government. A copy of the approved AHA’s shall be available at all times to workers at each associated job site and a copy shall be provided to the Government.

d. Public Safety. The Contractor shall ensure that reasonable precautions are taken to protect the public at all times where work is being performed. The Contractor shall immediately report to the COR any potential hazards found by their employees on the project. The Accident Prevention Plan shall include procedures to be taken to provide for public safety. Additionally, the Contractor shall not allow any persons, except employees, into work areas that are not otherwise open to the public; nor shall the Contractor transport in Contractor work vehicles any persons, except employees, during times the Contractor is on the project performing work under a Task Order.

e. Personal Protective Apparel and Equipment. Protective apparel and equipment, as identified in the AHA, shall be provided to eliminate or minimize hazards to personnel. As a minimum, each employee shall wear shirt-pants/shirt-skirt (as detailed in C-1.8), and appropriate footwear during all contract work. Face shields, spectacles with side-shields, or goggles, hearing protection, gloves, face masks, and/or infectious disease prevention measures shall be worn by employees when required by Safety Manual EM 385-1-1 and CDC guidelines. It is the responsibility of the Contractor Employer to ensure Contractor personnel are screened daily IAW CDC COVID-19 prevention measures. Contractor personnel involved in handling or application of pesticides or herbicides shall use all protective apparel per manufacturer's recommendations. Fire extinguisher(s) and first aid kit(s) meeting the Safety Manual EM 385-1-1 standards shall also be provided and easily accessible to all employees.

f. Contractor Employees Certified in First Aid & CPR. The Contractor shall schedule employees so TWO certified personnel are on duty to administer First Aid and CPR as required by the Safety Manual EM 385-1-1.

Copies of their certification shall be provided to the COR. Individuals working alone shall be trained in First Aid.

g. Hazard Communication Program. The Contractor shall be responsible for implementing a hazard communication program for Contractor employees, as required by the Safety Manual EM 385-1-1. The Contractor shall provide Material Safety Data Sheets (MSDS) and/or Safety Data Sheets (SDS) to the COR for review prior to use of any hazardous substance on the project and provide a plan for the proper handling, transportation, storage and usage of hazardous substances on the project.

h. Security Requirements.

1. ANTI-TERRORISM/OPERATIONAL SECURITY (AT/OPSEC) per ENG Form 6055.

i. AT/OPSEC 1. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the Contracting Officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel AT Level I awareness training is available at the following website: https://jko.jten.mil/courses/atl1/launch.html;

or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

ii. AT/OPSEC 2. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility, and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshall Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DoD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the Changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13, applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

The contractor shall submit the full name, valid Driver’s License number and State of Issue, Date of Birth, Citizenship and Place of Birth for all associated contractor or subcontractor employees to the USACE Security Chief Joseph M. Bali, 412-395-7162, joseph.m.bali@usace.army.mil. (See Appendix V AT/OPSEC Information Sheet) If an employee does not have a valid Driver’s License, the Social Security Number shall be provided. This information shall be either securely emailed or faxed with a coversheet to protect personal information to 412-395-7173. Do not phone the Security Office to provide information over the phone. In addition to the employee information required above, the email or FAX) shall contain all the following information:

Company Name Point of contact in case of questions: Name, phone number & email Project Title and Location of project Name of COR

All employees must be approved through the Security Office BEFORE they are permitted to work on site. The approval process may take up to 14 days so it is imperative to provide the employees information as soon after contract award as possible. All new employees commencing performance on this contract must be vetted through the same requirements stated herein. The District retains the right to deny any contractor and subcontractor employee from working on one of its contracts based on final background investigation results.

iii. AT/OPSEC 4. The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative, or law enforcement entity.

This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

iv. AT/OPSEC 13. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

v. AT/OPSEC 15. The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements.

The vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

C-1.10 ACCIDENT REPORTING. The Contractor is responsible for reporting all accidents to the COR immediately. Prompt action shall be taken to ensure immediate and appropriate medical treatment. The Contractor shall maintain an accurate record of any accidents in the manner and on the forms prescribed by the COR. The Contractor shall maintain an OSHA 300 Log of Work-Related Injuries and Illness:

https://www.osha.gov/recordkeeping/RKforms.html

C-1.11 DAMAGE REPORTS. All instances where Government materials, supplies, property, and/or equipment are damaged, as well as the public’s property, it shall be reported immediately to the COR. When the damage was caused by contractor employees, the contractor must submit a written report of the incident and extent of such damage to the COR, within 2 business days of occurrence. For property damage accidents determined by the COR of $2,000 or more, the Contractor will complete and submit to the COR a copy of ENG 3394 (Appendix VI).

C-1.12 CONTRACT EMPLOYEES' CONDUCT AND COMPETENCY. All contractor employees shall conduct themselves in a proper and courteous manner at all times. Since the majority of work is performed in the presence of the general public, the conduct of all contractor employees is critical and will be closely monitored. Contractor employees shall comply with all provisions of 36 CFR Part 327 and shall obey all posted signs and regulations in the performance of the work under this contract. Contractor employees shall not be under the influence of or consume alcoholic beverages or controlled substances while on duty.

a. Employee Dismissal. The Contractor expressly agrees to dismiss any employee or ask their subcontractor to remove the employee whose continued employment is deemed by the COR to be incompetent, endangers persons or property, or whose physical or mental condition would impair their ability to satisfactorily perform the work. Notification to the Contractor will be promptly made in writing if time and circumstances permit.

Otherwise, notification will be verbal and confirmed in writing as soon as possible. No removal shall reduce the Contractor's obligation to perform all work required under this contract nor be the basis for time extension.

Immediate replacement of the employee shall be made.

C-1.13 DAMAGE OR LOSS OF CONTRACTOR'S SUPPLIES AND PROPERTY. The Contractor is responsible for taking the action necessary to protect Contractor supplies, materials, and equipment, and the personal property of

Contractor employees from loss, damage, or theft. The Government assumes no responsibility for loss, theft, or damage of the property listed above.

C-1.14 SUPERVISION. The Contractor or Contractor Representative(s) shall personally supervise the work and respond to any contract issue that may arise when work is in progress. The Contractor Representative(s) shall conduct overall management coordination and be the central point of contact with the Government for performance of all work under the contract.

Each Contractor Representative shall have full authority to contractually commit the Contractor for prompt action on all matters pertaining to administration of this contract, and shall be the on-site Contractor employee who is responsible for safety.

In addition to Contractor Representative(s), the Contractor shall also appoint Quality Control Inspectors (QCIs) who shall perform the Contractor's Quality Control Program. QCIs shall be responsible for implementing the Contractor’s Accident Prevention Plan. All QCIs shall have the authority to determine for the Contractor when work is ready for Government inspection and to make decisions for the Contractor on re-performance of the service when necessary. A QCI shall be appointed for each work crew. For work performed for Emergency and/or After Hours Work, a Contractor Representative or QCI shall be present at the work site.

The COR and Government Inspectors will deal directly with the QCIs or Contractor Representatives for normal day-to-day administration of the contract provisions.

The names and telephone numbers of all individuals authorized to act on behalf of the Contractor as Contractor Representatives shall be submitted in writing to the COR before work is performed.

The Contractor shall maintain copies of contract work requirements, specifications, and Activity Hazard Analysis at each work site which relate to each employee’s work responsibilities and shall review them to insure employees’ comprehension of the efforts prior to initiating work.

C-1.15 ENVIRONMENTAL PROGRAM. The Contractor shall comply with Federal, State, and local laws, regulations and standards regarding environmental protection. All environmental protection matters shall be coordinated with the COR. Any of the facilities operated by the Contractor may be inspected by the COR, or other Federal, State and local officials without advance notice. Access for inspection shall be granted upon request.

Citations against Government facilities operated by the Contractor for non-compliance with environmental standards are a matter for resolution between the Government Entity that issued the citation and the COR. Payment of fines or penalty charges associated with citations issued by Federal, State or local officials will be paid by the Government.

If the citations are issued due to faulty operation or maintenance practices of the Contractor, the Contracting Officer or COR will deduct the fine from any monies due the Contractor.

The Contractor shall conduct all operations and maintenance activities in a manner to prevent contamination of Government land and property. The Contractor shall ensure all lubricants, petroleum products, paints, cleaning materials, or any other hazardous substances are not spilled, leaked or disposed of on Government property and are disposed of in accordance with environmental regulations. If spills or contamination occur, the Contractor shall be responsible for cleanup and any associated costs in accordance with Federal, State and Local Law. Such spills shall be reported to the COR immediately.

C-1.16 CONTRACT DISCREPANCY REPORT (CDR). A DD Form 2772, Contract Discrepancy Report, will be issued to the Contractor for any failure to perform services (Appendix VII). The CDR describes the discrepancy or defect and will be discussed with the Contractor Representative when it is issued. The Contractor shall provide his written response on the CDR form within 24 hours of issuance. The Contractor's response must:

a. Identify the cause and corrective action taken, and

b. Identify Contractor action to prevent recurrence.

The COR will evaluate the Contractor's response and record the corrective action to be taken, which may include the Contracting Officer making necessary deductions. Upon finalization of the CDR, the Contractor and the COR must sign the form. The Contractor will be given a copy of the completed form. Should the Contractor not concur with any decision or finding, the Contractor may so state, in writing, and request a final decision by the Contracting Officer. The Contracting Officer will review all CDR's issued; CDRs will also become a part of the permanent contract file.

C-1.17 MEETINGS. The Contractor or Contractor Representative shall report each workday (Monday-Friday, with the schedule and location determined by the COR) to discuss contract work items. Specific topics of discussion at the morning meetings may include issuing task orders, inspections, quality control, performance evaluation meeting, discrepancy or defect, and upcoming work. The COR may alter this reporting schedule, or change the reporting method, time, or place if mutually agreeable between the COR and the Contractor.

C-1.18 QUALITY CONTROL. The Contractor shall have a Quality Control program to assure the requirements of the contract are provided as specified. The primary purpose of Quality Control is to identify and correct deficiencies in the quality of services performed before the level of performance is unacceptable.

The program shall include, but not be limited to the following:

a. An inspection system covering all the services stated in the contract Performance Work Statement.

b. A method of identifying and correcting deficiencies in the quality of services performed before the level of performance is unacceptable.

c. A file of all inspections conducted by the Contractor and the corrective actions taken. These files shall be made available for inspection upon request by the COR.

d. A method of insuring that employees have full knowledge of work assignments and that appropriate technical expertise is utilized with each work assignment.

e. A method of coordinating each work crew’s activities with the COR.

A suggested outline of components for the Contractor's Quality Control Plan is described in Appendix I. The Contractor may use any or all portions of this plan to prepare a plan of his own. A signed plan, including Contractor specific information, shall be provided to the Contracting Officer and the COR, and approved, at the pre-work conference. If changes to this program occur, updated copies shall be provided to the Contracting Officer and COR.

Failure to provide appropriate Quality Control may result in issuance of a CDR, and/or termination of the contract.

C-1.19 QUALITY ASSURANCE. The Government will monitor the Contractor's performance in each functional area under this contract and reserves the rights to use whatever additional surveillance procedures are deemed appropriate. The Government will monitor the contract to ensure compliance using a Quality Assurance Surveillance Plan (QASP), but reserves the right to alter the plan at its own discretion. The Government reserves the right to change methods of inspection as deemed necessary.

The Government will keep a record of all complaints received by the public concerning Contractor performance.

Upon receipt of a written complaint by the public, the Government will attempt to verify the complaint and furnish a copy of the findings to the Contractor. Should the Government verification reveal a nonperformance by the Contractor, a CDR may be issued.

A Government employee shall not be considered an Inspector unless he identifies himself as such to the Contractor, the Contractor Representative, or Quality Control Inspector. No Inspector is authorized to change any provision of the specifications without written authorization of the Contracting Officer nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the Contract.

C-1.20 DEFICIENCIES. If any of the work performed does not conform to contract requirements, the Government may require the Contractor to perform the work again at no cost to the Government. When the defect in work cannot be corrected by re-performance, or cannot be corrected in the specified time frame, the Government may, by separate contract or otherwise, perform the work and charge the Contractor any costs incurred by the Government that are directly related to the performance of such work. The actual cost includes, but not limited to, labor costs including benefits, transportation, and materials.

C-1.21 INTERRUPTIONS TO SYSTEMS. All work that would necessitate an interruption of the use of the project or its support systems or otherwise disrupt building occupants and/or the visiting public shall be fully coordinated and approved in advance by the COR. Interruptions shall be kept to an absolute minimum, and all repairs or replacements of equipment or components shall be accomplished in an expeditious and efficient manner.

C-1.22 GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT.

a. Government Furnished Facilities. Suitable space will be provided for the Contractor's use for work performed under this contract, as listed below. The Contractor shall maintain such space or grounds to the same, or higher standards, as similar areas occupied by the Government, and shall assume responsibility for the safekeeping of facilities provided. The Contractor shall not use those grounds or facilities as a place of habitation. At the completion of the contract, all facilities and equipment shall be returned to the Government in the same condition as received, except for reasonable wear and tear. The Contractor shall be held responsible for the cost of any repairs caused by the fault or negligence of the Contractor or Contractor employees.

Modifications or changes shall not be made to any facilities without prior written approval of the COR. Any approved modifications to the facilities shall be at the Contractor's expense. The Contractor shall be responsible for maintaining physical security for Government furnished facilities and property. Should the Contractor reject any or all Government furnished facilities, the Contractor shall provide all necessary facilities at no cost to the Government. All Government furnished facilities shall be used only for the performance of work specified herein.

b. Telephone. Telephones furnished by the Government shall be used for Government business only.

c. Utilities. The Government will furnish available utilities to perform the specified work. At remote locations the Contractor will be required to transport utilities, such as water, from another on-site source.