Revised PWS.pdf

SECTION C-1

General

C-1.1 PROJECT INFORMATION.

The Neville Island Complex is located at 3500 Grand Avenue, Pittsburgh, PA 15225‐1584. The Complex is home to the Locks and Dams Branch, the Upper Ohio Area Office, the Water Quality Management Field Office, the Pittsburgh Engineer Warehouse and Repair Shops (PEWARS), the District Logistics Agency, several Operations Division engineers, and the R3F Fleet. The Complex is approximately 19.5 acres of Government‐owned property consisting of 14 buildings and 1,400 feet of dock front used to moor the fleet.

The use of drones is prohibited on all USACE property without prior written permission from the Contracting Officer.

C-1.2 PERFORMANCE WORK STATEMENT. The Contractor shall furnish all necessary management, personnel, materials, supplies, tools, equipment, fuel, and vehicles, except as otherwise provided herein, required to perform cleaning services at the Neville Island Complex, as specified and in strict accordance with the contract.

It is emphasized that the work described in this contract is a critical part of the USACE mission. USACE is committed to "Customer Care" and providing quality professional service.

C-1.3 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-II. The Contractor shall access PIEE for Contracting Officer’s Representative (COR) Designation Letters and other documents associated with contract.

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.

All invoices are to be submitted to the Contracting Officer’s Representative (COR) for review no later than the 15 th 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 I-II.

The Government pays only for those services performed and accepted.

If needed, after final payment has been made for services received, 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 on-site supervisor/foreman with a copy of the contract (Performance Work Statement [PWS] 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, unless coordinated with the COR, shall be Monday through Friday, 4:30 a.m. to 3:00 p.m. Eastern Time (ET). 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 (11) 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 occurs 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. 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. List of Quality Control Inspector(s) and contact information.

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. RESERVED

c. RESERVED

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

e. Security Requirements. See Section C-1.10 for requirements.

f. RESERVED.

g. RESERVED.

h. Estimated hours to complete each service.

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 fourteen (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.

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.

C-1.9 SAFETY REQUIREMENTS.

a. General. In addition to the requirements included in the provisions of this contract, all work shall comply with the most recent edition of the EM 385-1-1 and all applicable federal, state, and local laws, ordinances, criteria, rules, and regulations. Where the requirements herein, applicable laws, criteria, ordinances, regulations, and referenced documents vary, the most stringent requirements govern. If there are any standards that require interpretation, submit matters to the appropriate administrative agency for resolution before the commencement of work. Interpretations, variances, and waivers to the EM 385-1-1 can only be authorized by the Chief of Safety and Occupational Health, HQUSACE.

The latest version of the EM 385-1-1 is available online at:

(https://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/)

If the Contractor fails or refuses to promptly comply with the safety 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.

b. RESERVED

d. RESERVED

e. RESERVED

f. RESERVED

g. RESERVED

h. Accident and Near Miss Reporting. An accident is any unplanned event or series of events that results in death, injury, or illness to personnel, or damage to or loss of equipment or property. A near miss is any potentially serious accident that could have resulted in personal injury, death, or property damage, damage to the environment, or illness but did not occur due to one or more factors. All accidents and near misses shall be reported according to EM 385-1-1, paragraph 2-8.d. Any accident involving a fatality, in-patient hospitalization, amputation, eye loss, or property damage over $600,000 shall be reported to the KO/COR immediately (that is, no later than 8 hours). All other accidents and near misses shall be reported immediately to the KO/COR, but no later than 24 hours. Contractors are responsible for maintaining an OSHA Log of Work-Related Injuries and Illnesses (Form 300) and complying with all reporting and recordkeeping requirements specified in 29 Code of Federal Regulations (CFR) 1904. The Contractor shall assist and cooperate fully with the KO/COR when accident investigation(s) are conducted.

i. Drug-Free Workplace. Contractor employees shall not use or be under the influence of alcohol, narcotics, intoxicants, or similar performance or mind-altering substances. The Contractor shall enforce the drug-free workplace requirements. Immediately remove employees found to be under the influence of or consuming such substances from the site of work.

j. Minimum Personal Protective Equipment. Personal Protective Equipment (PPE) is governed in all areas by the nature of work personnel are performing based on conducted hazard evaluations. AHAs shall detail the PPE to be used that will provide appropriate protection for the work to be performed when required.

All PPE shall be provided by the Contractor, and used and maintained in a sanitary and reliable condition whenever the hazard dictates use.

Mandatory PPE, at minimum, shall include long pants, short sleeve shirts, and leather or protective work shoes or boots. Personal Floatation Devices (PFDs) shall be worn at all times when working above or near water in which other fall protection methods do not provide the appropriate protection.

k. Medical and First Aid. Contractors shall arrange for medical facilities and personnel to provide prompt attention to injured employees before starting work. The Government has no responsibility to provide emergency medical treatment.

The Contractor shall provide an effective means of communication that is readily available to all Contractor employees to dial 911 or provide other emergency response access.

When there are two (2) or more Contractor employees at a location, the Contractor shall schedule employees so two (2) certified personnel are on duty to administer First Aid and CPR. Individuals working alone or in remote areas shall be trained in First Aid. Copies of certifications shall be provided to the

KO/COR.

The Contractor shall provide first aid kits for all Projects/contacts where there are less than 100 Contractor employees on a shift and a first aid station nor health clinic is available or the site is not in near proximity (that is, 3-4 minutes) to emergency medical support.

l. 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 APP 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.

m. Unforeseen Hazardous Materials. All known hazardous materials will be identified by the Government to the Contractor. If materials that may be hazardous to human health upon disturbance are encountered during the performance of contract work, that portion of the work shall be stopped, and the COR immediately notified.

n. 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.

o. Regulatory Inspections. Immediately notify the KO/COR and local Safety and Occupational Health Office of any regulatory inspections (for example, OSHA). Provide the KO/COR and local SOHO with a copy of any citations or reports issued by the inspector and any corrective action responses.

p. Visitors. All visitors must receive a safety brief and be escorted by appropriate site personnel. The Contractor shall maintain an onsite visitor sign-in/out log and accurately account for all authorized visitors that enter the site. All visitors shall wear appropriate PPE; the Contractor shall maintain a stock of common PPE (for example, hard hats, eye protection, ear plugs, and reflective vests, for use by visitors).

q. RESERVED

r. RESERVED

s. 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.

C-1.10 SECURITY REQUIREMENTS

a. ANTI-TERRORISM/OPERATIONAL SECURITY (AT/OPSEC) per ENG Form 6055, Contract Requirements Package Security Review Cover Sheet.

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., COR, Requiring Activity (RA) representative, or KO (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of USACE installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Department of the Army (DA) security requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete security requirements within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five (5) business days from the completion of all security requirements, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The Contractor shall maintain training records as part of their contract files and be prepared to provide copies of security requirements to the COR. 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.

2. Antiterrorism (AT) Level I training: All contract personnel requiring routine access to Army installations, facilities, ad controlled access areas, or requiring network access shall complete initial and annual refresher AT Level 1 awareness training. Online AT Level I awareness training is available at https://jko.jten.mil/ (website subject to change).

3. 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 provide all information required for background checks to meet installation access requirements to be accomplished by the installation to the USACE Pittsburgh District Security Office within two (2) weeks prior to onsite work. If any additional individuals are subsequently added to be onsite, their information must be submitted to Security for a background check via the process identified below. The Contractor must submit the Full Name, Date of Birth, and Social Security Number for all associated Contractor or subcontractor employees to the USACE Pittsburgh District Security Office. The USACE Pittsburgh District Security Office needs a minimum of 30 day lead time to process Foreign Nationals. Please contact the District’s Security Office directly to obtain submission requirements. The completed Form shall be emailed as password-protected to the USACE Pittsburgh District Security Office, to the following individuals: Pat Geiger, Security Specialist, 412-395-7643, walter.p.geiger@usace.army.mil, followed by a new, separate email with the password to the Security Specialists (See Appendix VII AT/OPSEC Information Sheet). 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. 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.

4. Suspicious Activity Reporting training (e.g. iWATCH, Corps Watch, 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.

5. 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 (3) 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 KO to become part of the official contract file.

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. See also Accident and Near Miss Reporting in Section C-1.9h.

C-1.12 CONTRACT EMPLOYEES' CONDUCT AND COMPETENCY. All contractor employees shall conduct themselves in a proper and courteous manner at all times. 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.

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. Combatting Trafficking in Persons. The United States has adopted a zero-tolerance policy regarding trafficking in persons. The Contractor is subject to all requirements for combatting Trafficking in Persons under FAR Clause 52.222-50.

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. 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. If the Contractor Representative is an onsite employee, they can also be the QCI.

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.

The Contractor Representative and QCI can be productive employees that also perform 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 KO 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 CDR will be issued to the Contractor for any failure to perform services. This report will be generated within the Procurement Management Integrated Enterprise Environment (PIEE) and then sent to the Contractor. The CDR describes the discrepancy or defect and will be discussed with the Contractor Representative when it is issued. The Contractor’s written response on the CDR form shall be returned to the COR within twenty-four (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 KO making necessary deductions in accordance with the Performance Requirements Summary contained in the Quality Assurance Surveillance Plan. 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 KO. The KO will review all CDR's issued; CDRs will also become a part of the permanent contract file.

C-1.17 REPORTS. The Contractor or Contractor Representative shall report each month by email to notify the COR of the cleaning schedules for the upcoming month. Safety concerns, quality control reports, discrepancy or defects, and upcoming work can be presented in these reports also. The COR may alter this report to be conducted by phone.

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 discrepancies 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 PWS.

b. A method of identifying and correcting discrepancies 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 QCP is described in Appendix III. The Contractor may use any or all portions of this template to prepare a QCP. A signed plan, including Contractor specific information, shall be provided to the KO and the COR for review in advance of the pre-work conference. A COR-approved QCP must be in place prior to the start of work. A living document, upon the incorporation of any changes, updated copies of the QCP shall be provided to the KO and COR for review and COR approval.

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 identified 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 KO nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the Contract.

C-1.20 DISCREPANCIES. 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 ask the Contractor to reduce their invoice by the amount of work not performed, or, 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 ASSETS FOR CONTRACTOR USE.

a. Government Courtesy Area(s). Where possible, suitable areas will be provided for the Contractor's use for work performed under this contract. Examples include but are not limited to, a closet for the storage of cleaning supplies and/or an exterior area for the temporary storage of equipment. The Contractor shall maintain courtesy areas to the same, or higher standards, as similar areas occupied by the Government and shall assume responsibility for the safekeeping and physical security of the areas provided. The Contractor shall not use areas as a place of habitation. Upon the completion of the contract, all areas 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’s employees. Modifications or changes shall not be made without prior written approval of the COR. Any approved modifications shall be at the Contractor's expense. Should the Contractor reject any or all Government courtesy areas, the Contractor shall provide all necessary areas at no cost to the Government. All Government provided areas shall be used only for the performance of work specified herein.

b. 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. The Contractor shall make a dedicated effort to conserve utilities and shall comply with all Government regulations regarding energy conservation. Government furnished utilities shall be used only in the performance of work specified in this contract.

c. Keys. The Contractor will be provided keys to allow access to certain secure areas and will be held responsible for losses due to the fault or negligence of the Contractor or its employees; including the replacement of any compromised locks resulting from the loss or duplication of keys. Upon contract completion, including any extensions, or termination, the Contractor shall return all Government keys in the same condition as received. Other than reasonable wear and tear, the Contractor is responsible for any damages to the keys or locks.

d. Forms. All DoD forms, required by the Government to be used under this contract, will be provided by the Government during the contract period. The Government reserves the right to modify or supersede these forms during the contract period.

e. Control. The Contractor shall provide internal controls to ensure Government courtesy areas are utilized only for contract purposes.

f. General Supplies. The Government will supply all trash bags for can liners, trash bags for trash collection, toilet paper, paper towels for dispensers, and soaps for dispensers.

C-1.23 CONTRACTOR FURNISHED ITEMS.

a. General. Except as described elsewhere in this contract, the Contractor shall furnish all personnel, facilities, vehicles, small tools, equipment, and operators, supplies and materials necessary to accomplish all required services. All Contractor furnished tools, equipment, supplies, materials, and vehicles shall meet all applicable Federal, DoD, DA, US Department of Agriculture (USDA), State and local laws or regulations. The Contractor will provide products that comply with applicable specifications in the contract, consistent with FAR 52.223-1, meeting the Bio-Preferred Program requirements set forth by the USDA (e.g., glass cleaner [see link in paragraph C-1.33 below]). A partial list of equipment required by the Contractor is included in each section.

The Contractor may be responsible for providing equipment that is not listed in the specifications.

b. Equipment. The Government requires that the Contractor provide adequate equipment to perform the work required within the specified time period for each job. Adequacy of the equipment (e.g., cleaners, wax, rags, mops, buckets, floor buffers and vacuums) to perform certain repetitive work will be determined prior to award of the contract. All equipment used by the Contractor must meet applicable safety requirements.

d. Contractor Equipment and Supply Inspection. The Contractor shall make available for inspection all service equipment, tools, and samples of supplies the Contractor proposes to use for work under this contract, along with proof of ownership or lease agreement. Such articles shall be made available for inspection within seven

(7) business days after notice from the COR. Only equipment and supplies inspected and approved shall be used for work under this contract. All subsequently procured equipment to be used for work under this contract must be inspected and approved by the Government prior to use.

C-1.24 SAFEGUARDING GOVERNMENT PROPERTY. The Contractor shall cooperate with Government personnel in safeguarding Government property. The Contractor shall be responsible for promptly reporting all acts of vandalism, larceny, or pilferage to Government property, and all malfunctioning Government equipment to the COR. The Contractor shall establish security procedures and safeguards that are compatible with the Government's existing procedures, to protect all equipment, materials, supplies, tools, and other resources. The Contractor shall cooperate with, and provide any assistance necessary to, the Government during any audits, usage checks of expendable property, and inventories of nonexpendable property under control of the Contractor. Any item of value found on the work sites shall be placed into the custody of the COR for return to the owner if ownership can be established. The Contractor shall inform the COR of any information the Contractor or Contractor’s employees receive about lost and/or found articles from the public.

C-1.25 VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS CONTRACTS.

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Clause 52.222-35, FAR Clause 52.222-37, Defense Federal Acquisition Regulation Supplement (DFARS) 222.13 and Department of Labor regulations, USACE contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

- U.S. Department of Labor Veterans’ Employment and Training Service (VETS): https://www.dol.gov/vets/

- Federal Veteran Employment Information: https://www.fedshirevets.gov/

- Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

- Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes

C-1.26 MINIMUM MANPOWER REQUIREMENTS. The Contractor shall provide an adequate number of fully qualified personnel to perform the work specified herein.

C-1.27 SUSTAINABILITY REQUIREMENTS. The contractor is required to meet the recycled content requirements set forth by EPA and the BioPreferred Program requirements set forth by USDA when purchasing supplies/products that will be used in the performance of this contract. Links to the list of these products are in paragraph C-1.33 below.

C-1.28 COOPERATION WITH OTHER CONTRACTORS, LESSEES, AND VOLUNTEERS. The Government may undertake or award other contracts, or have lessees or volunteers performing certain work, including work that could otherwise be performed under this contract. The Contractor shall fully cooperate with such other Contractors, lessees, volunteers, and Government employees. The Contractor shall not commit or permit any act which will interfere with the performance of work by another Contractor, volunteer, lessee, or Government employee. The KO can alter the work schedules of the other Contractor, lessee, Government employees, volunteer, or the Contractor to avoid possible conflicts. Any such change (or failure to make such a change) by the KO shall not be the basis for a claim by the Contractor.

C-1.29 REPORTS. The Contractor shall, in an accurate and timely manner, prepare all reports, forms and permits as required in this contract. Examples of these reports, forms, and permits include, but are not limited to:

Supplies Furnished and Used Contractor Portion of Any CDR Quality Control Inspection Checklists Equipment Inspection/Maintenance Worksheet (ENG Form 5007-R) Contract Overview Workbook (Appendix IV) Activity Hazard Analysis (AHA) (Appendix VI)

*Contractor must complete the Actual Services Performed Workbook for each contract year with the actual quantity of services performed.

C.1-30 WAGE DETERMINATION WAGE RATE INCREASE. In accordance with FAR 52.222-43 – Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multiple Year and Option Contract), any request for an increase under this clause must be within the terms of the clause.

C-1.31 DEFINITIONS. As used throughout this PWS, the following terms shall have the meaning set forth below:

a. Competent Person (CP). One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

b. Completion Date. The date by which all work must be completed.

c. Contractor. The Contractor is the entity responsible for complying with the terms and conditions.

d. Contractor Quality Control Inspector (QCI). Person designated by the Contractor to perform oversight of the

Contractor's Quality Control Plan. A QCI shall be responsible for implementing the Contractor Quality Control Plan and shall have the authority to determine for the Contractor if work is ready for government inspection and make decisions for the Contractor on re-performance.

e. Contractor Representative (CR). Individual(s) selected to represent the interests of the Contractor with regards to all matters and activities involving this contract.

f. Contracting Officer (KO). A person with the authority to enter, administer, and/or terminate contracts for the Government, and make related determinations and findings. The term includes certain authorized representatives of the KO that must act within the limits of their authority as delegated by the KO.

g. Contracting Officer’s Representative (COR). Individual designated and authorized in writing by the KO to perform specific technical or administrative functions.

h. RESERVED.

i. Garbage. Unwanted or useless material, animal, and vegetable waste, including grease, resulting from the handling, preparation, cooking and consumption of food.

j. Inspector. Individual designated by the COR to perform Quality Assurance.

k. Miscellaneous Waste. Miscellaneous waste includes grass and vegetation cuttings, leaves, rocks, street sweepings, roofing and construction wastes, automobile and truck parts, the remains of broken or destroyed items, and similar materials two (2) square inches or smaller; and driftwood, tree trimmings, and sticks shorter than eighteen (18) inches and one (1) inch or less in diameter.

l. Mowing. Mowing is defined as the cutting of grass, weeds, vines, or other vegetation, with reel and rotary lawn mowers, gang mowers, or bush hogs.

m. Outside Top Edge of Ditchline. Elevation of road surface transferred to hillside of ditch.

n. Plants. All ornamental trees, shrubs, flowers, and ground covers on the project.

o. Policing. The picking up of trash, debris, drift, ashes, garbage, and miscellaneous waste, and disposing of the same in accordance with contract specifications.

p. Project. All land and water resources that are managed by USACE and/or leased by USACE to other federal, state, or local agencies. Lands include both developed parks and undeveloped lands, and all water resources from the dam to the headwaters, unless otherwise defined by Congress.

q. Qualified Person (QP). An individual who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated the ability to solve or resolve problems relating to the subject matter, the work, or the project.

r. Quality Assurance. A method used by the Government to provide a measure of control over the quality of services provided by the Contractor.

s. Quality Control. A method used by the Contractor to control the quality of services he/she provides for the Government.

t. Recreation Season. Time period when the recreation areas are open.

u. Resource Manager. A uniformed individual designated responsibility for overseeing the general operation, maintenance, and administration of the project.

v. Stump. The remaining base after a tree has been felled or fallen down, not to exceed one (1) foot in height.

w. Trash. A variety of unsalvageable waste material such as metal, glass, rags, tin cans, rubbish, plastic bottles, paper, wrappings, containers, cartons, and similar material.

x. Trimming. Trimming is defined as the cutting of grass, weeds, vines, or other vegetation at locations which are not accessible to mowing by conventional mowing machines, and therefore requires specialized cutting with hand or string trimmers, sickles, sling blades, or mechanical hedgers.

C-1.32 INSURANCE

a. Insurance shall be procured and maintained at the Contractor’s expense during the entire performance period of this contract. The minimum coverages and liability limits are below:

1. Worker’s Compensation & Employer’s Liability:

$100,000 (PA) and as Legally Required by the State (OH & WV)

2. Comprehensive General Liability:

Bodily Injury Per Occurrence $500,000 Property Damage $100,000

b. Prior to the commencement of work hereunder, the Contractor shall furnish to the KO a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interest of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than 30 calendar days after written notice thereof to the KO.

c. The Contractor shall also require all first tier subcontractors who will perform work on a Government installation to procure and maintain the insurance required as stated above during the performance of this contract. The Contractor shall furnish a current Certificate of Insurance, for each first tier subcontractor, to the KO, at least five (5) calendar days prior to entry of each such subcontractor's personnel to the Government installation.

C-1.33 HELPFUL LINKS If they do not open, copy and paste into your browser.

Federal Acquisition Regulation (FAR): (https://www.acquisition.gov/content/regulations)

Code of Federal Regulations: (www.eCFR.gov)

USACE Engineer Manual (EM) 385-1-1, Safety and Occupational Health Requirements:

(https://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/)

Department of Labor, Wage and Hour Division: (https://www.dol.gov/whd/)

EPA-Designated Recovered Material Products:

(https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products)

Manual of Uniform Traffic Control Devices: (http://mutcd.fhwa.dot.gov/)

OSHA: (https://www.osha.gov/recordkeeping/RKforms.html)

US Department of Agriculture, Forest Service, How to Prune:

(https://www.fs.usda.gov/naspf/publications/how-prune-trees-na-fr-01-95)

USDA Bio-Preferred categories:

(https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml)

SECTION C-2

“RESERVED”

C-2.1 “RESERVED”

C-2.2 “RESERVED”

C-2.3 ”RESERVED”

C-2.4 “RESERVED”

C-2.5 “RESERVED”

C-2.6 “RESERVED”

C-2.7 “RESERVED”

C-2.8 “RESERVED”

C-2.9 “RESERVED”

C-2.10 “RESERVED”

C-2.11 “RESERVED”

C-2.12 “RESERVED”

C-2.13 “RESERVED”

C-2.14 “RESERVED”

C-2.15 “RESERVED”

C-2.16 “RESERVED”

C-2.17 “RESERVED”

C-2.18 “RESERVED”

SECTION C-3

Cleaning Services

C-3.1 OBJECTIVE. To meet the Command’s intent to provide a professional working environment. maintaining Government facilities neat, clean, safe, and attractive.

C-3.2 SERVICES PERFORMED. Cleaning, disinfecting, sanitizing, vacuuming, sweeping, dusting, mopping, pest and odor control, window washing, minor maintenance, reporting of maintenance requirements, emptying trash receptacles, and carpet shampooing.

C-3.3 PERFORMANCE WORK STATEMENT. The contractor shall perform regular, recurring custodial services for Government-use facilities as well as periodic custodial services. The work performed under this section consists of furnishing labor, equipment, fuel, transportation, tools, and supplies (including but not limited to cleaning products, disinfectants, toilet paper (two-ply), paper towels (two-ply), plastic trash can liners, liquid hand soap) necessary for the performance of the services described herein for the areas, facilities and equipment listed in Attachment 1 to the PWS.