B08 W911WN23Q3015 0001.pdf

W911WN

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 Services at Shenango River Lake, Hermitage, PA

See Summary of Changes Narrative for details.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 47

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

16C. DATE SIGNED

BY 18-Aug-2023

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 W911WN23Q3015

X 9B. DATED (SEE ITEM 11)

10-Aug-2023

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

18-Aug-2023

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:

W911WN23Q3015

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

QUESTIONS AND ANSWERS

Q. Is a category 9 required for spraying herbicides? PM.5.4.PA (attached, page 7-8) states the following:

A. Verify that persons making pesticide applications are certified applicators or trained and registered technicians for that category of pesticide application.

Title 7 PA Code 128.42 (https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/007/chapter128/s128.42.html&d =reduce) list 26 categories of commercial and public applicators and provides information that a commercial or public applicator applying or supervising the application of a pesticide shall be certified in one or more of the 26 categories. Herbicides are a type of pesticide that specifically targets weeds and other unwanted plants.

Category 10 states the following:

(10) Right-of-way and weeds—The use of a pesticide to maintain a public road, an electrical power line, a pipeline, a railway right-of-way or a similar type of area or to control vegetation around a structure, such as an oil tank, utility sub stations, an industrial railway siding, an airport, a parking lot, a fence or an industrial building or for the control of an invasive weed species in other areas.

The applicator spraying herbicides or person supervising spraying herbicides should be certified in at least a category 10.

Q. Is storage available at site1 in the fence area behind the building off Kelly Rd. the one on the right before the office?

A. No contractor storage is provided at this area. Only fenced in contractor storage is at the Shenango Recreation Area Maintenance Compound behind the pole barn.

Q. What is included with the beach cleaning, there is no spec?

A. Beach cleanings are not included in this contract and can be omitted.

Q. What and where is the contact booth?

A. The contact booth is at the entrance to the Shenango Recreation Area/Campground.

Q. Can the Government please confirm the numbers for the Solid Waste Removal for the month of September is correct for the 2 yard at 62 services and 4 yard at 310 services?

A. Government estimates 45 services for the 2 yard dumpster and 48 services for the 4 yard dumpster.

Q. Are there any restrooms that are vault toilet type (non-water toilets)?

A. There are no vault toilet types on this contract.

SUMMARY OF CHANGES NARRATIVE

Amendment 0001

1. Updates to the price schedule

- Errors in formulas corrected

- New checks added to ensure integrity of pricing between worksheets on both the “Services” and “CLIN Structure” tabs. Old checks deleted. These checks are intended to assist, however the Quoter is responsible for verifying the accuracy of all prices quoted.

- To be consistent with Attachment 3, “Pesticide Application, Site 5, 6, 7, Curbs, Roadways, Sidewalks and undesignated areas” was renamed to “Pesticide Application, Outlying Parking Lots/Access areas” Pesticide application for undesignated areas is now listed separately as the timing of that application does not coincide with the those at the outlying parking lots and access areas.

- Because the Pesticide appliations for poison ivy and unspecified areas do not correspond the the 3x per year schedules for Sites 1, 2, 4 and Outlying Parking Lots/Access areas noted in Attachment 3, they have been re-grouped in the “CLIN Structure” tab as Groundskeeping REC and FDR, respectively. This is more appropriately as the COR will request spot treatment of poison ivy as needed throughout the recreation season. Similarly, pesticide application of undesignated areas may take place at any time during the recreation season.

- Quantities of Restroom cleanings have been updated to reflect twice daily cleanings (Shenango Recreation Area only) for holiday weekends.

- The distribution of services by month on the “Services” tab reflect those performed currently OR what is projected based on the suggested schedules included in the Attachments. Projected numbers are those for FY 2024 (1 October- 30 September). Actual quantities may vary depending on the timing of Labor Day and Memorial Day, etc.

2. Attachments

Attachment 3

- Areas where pesticide is applied to spot-treat weeds are indicated.

- That undesignated areas are not spot-treated is indicated.

Attachment 4

- That restrooms in the Shenango Recreation Area typically need to be cleaned twice daily during holiday weekends is indicated.

3. Solicitation

- “In accordance with Performance Work Statement, Attachments, Maps and Appendices contained herein.” was added all Extended CLIN descriptions.

- Updated directions to how to complete the Price Schedule are provided in the Addendum to FAR 52.212-1.

- Significant changes were made to the Pesticide Application language.

- Appendices IX, X and XI were renumbered and a new Appendix added to the Pesticide Application section:

Actual Services Perfomed is now Appendix IX

Annual Pest Control Plan is now Appendix X (new)

Pesticide Application Record CELRP Form 1031 is now Appendix XI

NAV FAC/USACE Past Performance Questionnaireis now Appendix XII

- A Question and Answer section is added to the SF-30 address inquiries from quoters.

SECTION SF 1449 - CONTINUATION SHEET

SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN extended description has changed from:

To:

In accordance with Performance Work Statement, Attachments, Maps and Appendices contained herein.

CLIN 0002

CLIN 0003

CLIN 0004

CLIN 0005

CLIN 0006

CLIN 0007

CLIN 0008

CLIN 0009

CLIN 0010

CLIN 0011

CLIN 0012

CLIN 1001

CLIN 1002

CLIN 1003

CLIN 1004

CLIN 1005

CLIN 1006

CLIN 1007

CLIN 1009

CLIN 1010

CLIN 1011

CLIN 1012

CLIN 2001

CLIN 2002

CLIN 2003

CLIN 2004

CLIN 2005

CLIN 2006

CLIN 2007

CLIN 2009

CLIN 2010

CLIN 2011

CLIN 2012

CLIN 3001

CLIN 3002

CLIN 3003

CLIN 3004

CLIN 3005

CLIN 3006

CLIN 3007

CLIN 3009

CLIN 3010

CLIN 3011

CLIN 3012

CLIN 4001

CLIN 4002

CLIN 4003

The option status has changed from Option to No Status.

CLIN 4004

CLIN 4005

CLIN 4006

CLIN 4007

CLIN 4009

CLIN 4010

CLIN 4011

CLIN 4012

The following have been modified:

ADDENDUM TO 52.212-1

To clause FAR 52.212-1, Instructions to Offerors – Commercial Items.

52.212-1(j) Unique entity identifier (previously DUNS number) in block 17A of solicitation.

Provisions to fill-in and return with quote:

FAR 52.204-24

FAR 52.209-7

FAR 52.229-11

DFARS 252.204-7016

DFARS 252.204-7017

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.

Site Visit: Quoters are expected to inspect the work performance site. An organized pre-quote site visit is scheduled for Friday, 11 August 2023 at 8:00 a.m. ET.

RSVP: If you are planning to attend the site visit, send an email to lrp.contracting@usace.army.mil and ‘cc’ SFC Ford at gregory.c.ford@usace.army.mil by 2:00 p.m. ET the day before the visit.

Directions to Shenango River Lake, 2442 Kelly Road, Hermitage, PA 16148:

From Pittsburgh: Take 279 N to 79 N to Exit 116B to I -80 West. From I-80 West get off on Exit 4B to Route 760/18 North. Keep right taking you onto Route 18 North Stay on 18 North for 5 miles. Make Left.

Turn onto Route 518/Lamar Road. Turn Right onto High Street, cross the bridge and office is on the right side.

Questions: Contractual and Technical questions relating to the solicitation or procedures are to be submitted via email to: LRP.contracting@usace.army.mil and ‘cc’ SFC Ford at gregory.c.ford@usace.army.mil no later than 11:00 a.m. ET three (3) business days after the scheduled site visit. Use the solicitation number as the SUBJECT:

W911WN23Q3015 (Shenango). An amendment to the solicitation will be posted on SAM to answer all questions received in a timely manner.

Price Schedule: An Excel spreadsheet is included and shall be used for pricing the requirements. The quoter must enter the annual price for each service for the base and option years in columns Q, R, S, T and U of the “Services” tab. Quoters are required to provide the estimated hours for one person to complete each service in column V.

Except where blacked out, in column W, quoters are required to provide the annual quantities of each service used as the basis for the annual prices quoted.

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.

“Price Schedule” and “CLIN Structure” tabs are protected. Pricing from the “Services” tab carries through those tabs. You will note various checks are incorporated into the workbook on the “Services” and “CLIN Structure” tabs. The quoter is responsible for verifying all calculations. Any formula errors should be reported immediately.

With the exception of the sheets protected by the Government, the price schedule workbook shall be returned in an unprotected Excel format as an attachment along with the solicitation as part of your quote package.

Past Performance. The prime contractor (quoter) who signed on the Standard Form (SF) 1449 shall provide up to six (6) past performance projects where the quoter served as prime contractor. Offerors shall submit completed Past Performance Questionnaires (PPQ) for Government and/or commercial contracts for the completed during the past three (3) years, from this Solicitation’s issue date. The work performed need not be similar in nature. However, work like that to be performed on this requirement may be evaluated more favorably. PPQs must be submitted by the quoter along with the rest of the quote submission documents, not sent directly to the agency from the reference.

The PPQ template is provided in Appendix XII.

NOTE: The Government reserves the right to verify past performance evaluations by reviewing CPARS or other Government appraisal systems. The Government may also check any cited references to verify supplied information.

The Government is not limited to the evaluations provided. Any additional sources of information concerning the quoter’s past performance of which the Government becomes aware can be considered in the evaluation of the contractor’s past performance.

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) for the continued performance of any services will be those rates in effect at the time of the extension.

Previous contract information: W911WN19D3000 was awarded to Superior Quality Enterprises for $1,470,610.62 for the base year and four (4) one-year option periods; the government cannot attest to whether 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.

Submittal Instructions: The entire solicitation need not be returned; only those pages on which you filled-in completed information need to be submitted.

SF 1449, page 1:

Block 12 – if you offer discount terms, enter them here; otherwise the government terms are Net 30 days.

H4CTXLCL

Highlight

H4CTXLCL

Highlight

H4CTXLCL

Highlight

H4CTXLCL

Highlight

Block 17a. Code – this is your CAGE Code (Facility Code is blank), Business Name, Address, Unique entity identification (previously DUNS); and phone number Block 30a, b and c must be completed Provision 52.212-3 as explained above If any amendment(s) is(are) issued [SF Form 30] it/(they) must be acknowledge(d) and submitted with your quote.

Quotes with the Excel pricing sheet and up to six (6) PPQs must be emailed and received on or before the date and time shown on page 1, Block 8 of the Solicitation. The email subject shall read: W911WN23Q3015, Company Name, Quote and emailed to: LRP.contracting@usace.army.mil and may ‘cc’ SFC Ford, Contract Specialist, at gregory.c.ford@usace.army.mil.

Pre-Award Survey: The vendor providing the quote providing the best value to the government will be notified via e-mail to provide information that the Contracting Officer sees necessary to help make a Determination of Responsibility. This information should be on hand as any of the following information below may be required to be submitted to the Contracting Officer in a relatively short amount of time.

(a) Financial ability to perform the contract: including the availability of necessary working capital and credit.

(Current balance sheet, bank statement(s), line(s) of credit along with any other pertinent data or letter of reference from your firm’s banker and lender).

(b) Detailed list of all equipment available for performance on proposed contract.

(c) List of key personnel and their qualifications

(d) Brief history of business experience, including length of time in present business.

(e) Business and financial reputation and integrity.

Names and addresses of any Government installations for whom work is currently under contract or has been performed within the past two years along with a brief description of the projects and dollar values. (Work performed which is similar to the proposed work is preferred.) State how work performed is similar to the work proposed for this contract. Provide the information above for four or more commercial firms for whom work is currently under contract or has been performed within the past two years.

(f) Indicate total (gross) dollar amount of all business on hand (Government and commercial).

(g) Names and address of proposed subcontractors.

(h) Confirm you are able to adhere to FAR 52.219-14, Limitation of Subcontracting clause which states that the contractor (you) will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded.

The information above assists the Contracting Officer in confirming that the quoter providing the best value to the government has adequate financial resources, appropriate equipment, and the expertise to successfully perform this contract.

The following provisions are hereby included by reference as an addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items.

ATTACHMENTS AND APPENDICES

Attachment 1 Performance Requirements Summary Attachment 2 Grass Mowing Attachment 3 Maintenance of Landscaped Areas Attachment 4 Cleaning Services Attachment 5 Solid Waste Removal

Attachment 6 Raw Sewage and Sludge Removal Attachment 7 Maps Attachment 8 SCA WD 2015-4261 REV23 20230630 Attachment 9 Price Schedule

Appendix I Electronic Invoicing Instructions for the USACE Finance Center Appendix II PIEE Vendor Registration Appendix III Quality Control Plan Appendix IV Contract Overview Workbook Appendix V Outline of Accident Prevention Plan Appendix VI Security Information Sheet- CUI (May 22) Appendix VII Activity Hazard Analysis Form Appendix VIII ENG Form 3394 Accident Investigation Report Appendix IX Actual Services Performed Appendix X Annual Pest Control Plan Appendix XI Pesticide Application Record CELRP Form 1031 Appendix XII NAV FAC/USACE Past Performance Questionnaire

PERFORMANCE WORK STATEMENT

SECTION C-1

General

C-1.1 PROJECT INFORMATION.

Shenango Lake and the referenced facilities are located in Hermitage and Transfer, Mercer County, Pennsylvania.

Public-use facilities owned and operated by the Corps at Shenango include three developed recreation areas including a 330-site campground, shower houses, restrooms, boat launches, swim beach, various access areas and administrative offices.

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 Shenango River 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 USACE mission. The work described will be performed in a public recreation area. USACE 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 (KO). Under normal conditions, Task Orders will be issued that require response within twenty-four (24) hours after receipt. The Task Order will include funding for the ordered work, state the period of performance covered and provide invoicing instructions. Only the KO, by issuance of a modification, may make any change to a Task Order.

Upon contract award, the contractor shall establish a profile for the Procurement Integrated Enterprise Environment (PIEE) at https://pieetraining.eb.mil/wbt/xhtml/wbt/portal/overview/vendorRegister.xhtml. See Appendix I. The Government will establish a file for each new task order. Contractors shall access PIEE for COR Designation Letters and other documents associated with contract and task order administration.

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 (3) business days, as needed per Task Order.

H4CTXLCL

Highlight

H4CTXLCL

Highlight

All invoices are to be submitted to the Contracting Officer’s Representative (COR) for review no later than the 15th day of the month following the month the services are performed. USACE does not use the Wide Area Workflow (WAWF) module in PIEE to pay invoices. Directions to submit invoices electronically to the USACE Finance Center are provided in Appendix II.

The Government pays only for those services performed and accepted.

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 modification will be issued by the KO to de-obligate funds for services not used and to reflect the services 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/Maps) 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 COR. Refer to individual sections of this PWS and Attachments for specific schedules of work.

b. Holiday Work. The eleven 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) Juneteenth (June 19th) 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.

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 workload 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 (QCP). A suggested outline of components for the Contractor's QCP is in Appendix III.

b. Contract Overview Workbook. This assists the COR in overseeing the contract. The contractor shall update this workbook monthly and submit it to the COR along with monthly invoices. A template is provided in Appendix IV. It includes tabs for Security, Quality Control Inspector, Contractor Representatives, Emergency Contacts, etc:

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

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

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

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

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

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

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

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

h. Estimated hours to complete each service.

i.

C-1.7 PERMITS AND LICENSES. Any licenses or permits required to perform all aspects, requirements, and work under this contract shall be obtained at the Contractor’s expense. 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’s employees, other than office and clerical personnel, shall be furnished with 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 thirty

(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 thirty (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 USACE 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 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 KO 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 Safety and Health Requirements Manual, EM 385-1-1 (https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf), and all applicable Federal, State, and Local laws, ordinances, criteria, rules and regulations. If there are any standards that require interpretation, submit matters to the appropriate administrative agency for resolution before the commencement of work. Where the requirements herein, applicable laws, criteria, ordinances, regulations, or referenced documents vary, the most stringent requirements govern.

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 COR at least one week prior to the pre-work conference and prior to commencement of any work. The Abbreviated APP Form, Form A-01, of the EM 385-1-1 may be used by the Contractor in the development of their Abbreviated APP.

Due to the 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 COR, 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 COR 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 COR.

c. Activity Hazard Analysis. A risk management assessment tool, such as activity hazard analysis (AHA), job safety analysis (JSA), or job hazard analysis (JHA) shall be developed by the contractor performing the work for each activity, task, or defined feature of work (DFOW) (Appendix VI). The assessment shall identify the work sequence, specific anticipated hazards, site conditions, equipment, materials, personnel, and the control measures to be implemented to control the hazards. If Qualified or Competent Persons are required for a particular activity, they shall be identified and included in the assessment, and their competency/qualification identified. Work shall not begin until the assessment has been accepted by the COR and discussed with all engaged in the activity.

These risk assessment tools are considered living documents and shall be updated as needed. If the risk assessment code (RAC) increases from what was originally accepted by the KO, the assessment shall be re-submitted for acceptance prior to work proceeding. Changes that do not increase the RAC are not required to be resubmitted for acceptance.

The risk assessment shall be developed in accordance with EM 385-1-1 Section 1, or as specified by the KO.

Risk assessments shall be submitted for review at least fifteen (15) business days prior to the start of the activity, task, or defined feature of work is set to begin. The Government reserves the right to require the Contractor to revise and resubmit any documents if they fail to effectively identify the work sequence, specific anticipated hazards, site conditions, equipment, materials, personnel, and the control measures to be implemented.

Each employee performing work as part of an activity, task, or defined feature of work shall review the risk assessment for the activity and sign the signature log designated for the assessment prior to beginning work. A signature log shall be maintained for each risk assessment.

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 EM 385-1-1 and CDC guidelines.

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 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 (2) certified personnel are on duty to administer First Aid and CPR as required by the EM 385-1-1. Copies of their certification shall be provided to the COR. Individuals working alone shall be trained in First Aid. The Government has no responsibility to provide emergency medical treatment.

g. Implementation of Safety and Occupational Health (SOH) Program. Based on the limited scope of this Contract, in lieu of appointing a Site Safety and Health Officer (SSHO) at the project site, the Contractor may appoint a Designated Representative (DR) at the site to function as a collateral duty safety person, provided that an individual meeting the requirements of an SSHO as stated in EM 385-1-1 Section 1, Paragraph A.17 supervises the functioning of the DR. The DR shall perform safety programs and tasks as prescribed by the SSHO and report safety findings to the SSHO. SSHO or DR shall be on site at all times work is being done.

Note: Any activities that have a RAC of high or extremely high retracts the allowance to only have a DR, and shall have an SSHO on site.

h. Unforeseen Hazardous Materials. USACE shall identify and communicate all known hazardous materials in which the Contractor may come into contact with during the course of activities. If material is encountered that was not indicated, but may be hazardous to human health upon disturbance, that portion of the work shall stop, and the KO immediately notified. The Government will determine within fourteen (14) business days of notification if the materials is or is not considered hazardous. If the material is not hazardous or poses no danger, the Government will direct the Contractor to proceed without change. If the material is determined to be hazardous or dangerous and handling of the material is necessary to accomplish the work, the Government will address as appropriate.

i. Hazardous Material Exclusion. Notwithstanding any other hazardous material used in this contract, radioactive materials or instruments capable of producing ionizing/non-ionizing radiation, as well as materials which contain asbestos, mercury, polychlorinated biphenyls, diisocyanates, lead, or hexavalent chromium are prohibited. The KO, upon written request by the Contractor, may consider exceptions to the use of any of the above excluded materials.

j. Security Requirements.

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

i. AT/OPSEC 1. General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures—this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

ii. Antiterrorism (AT) Level I training: All contract personnel requiring routine access to Army installations, facilities, and controlled access areas, or requiring network access shall complete initial and annual refresher AT Level I awareness training. Online AT Level I awareness training is available at https://jko.jten.mil/ (website subject to change).

iii. Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location.

Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

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 VII 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 business 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.

iv. Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say Something): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

v. Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

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 two (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 VIII).

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.

b. Combatting Trafficking in Persons. The United States has adopted a zero tolerance policy regarding trafficking in persons. Contractors and Contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy and the actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment. The Contractor shall take appropriate action, up and including termination, against employees or subcontractors that violate the U.S. Government policy as described at FAR 22.17.

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…