W91237-17-T-0014_0001.pdf

W81F8E62947809

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

The above-referenced solicitation is hereby amended as show n in the highlighted areas on the follow ing pages.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 12

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

16C. DATE SIGNED

BY 15-Feb-2017

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 W91237-17-T-0014

X 9B. DATED (SEE ITEM 11)

13-Feb-2017

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

15-Feb-2017

CODE

USACE, CONTRACTING BRANCH

LEAH MORGAN, 502 8TH STREET

HUNTINGTON WV 25701

W91237 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W91237-17-T-0014

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

INSTRUCTIONS TO OFFERORS

Award will be made to the lowest priced responsive and responsible offeror in accordance with FAR Clause 52.217-5 “Evaluation of Options”. After the offer due date, the work schedule calendars will be provided to all offerors who provided a quotation. Each offeror will be given the opportunity to review the calendars to either confirm or adjust their quotation based on the required dates in the calendars.

Registration at the following website is required to be awarded this contract:

http://www.SAM.gov. Prospective offerors must complete the following information:

DUNS: ___________________________

TAX ID: ________________________

QUOTES CAN BE FAXED OR E-MAILED TO Leah Morgan at (304) 399-5281 or Leah.S.Morgan@usace.army.mil.

Per FAR Clause 52.212-3 Alt 1, the Contractor is required to complete the On-line Representations and Certifications Application (SAM) OR to complete paragraphs (c) thru (m) of this clause and include with quote.

CONTRACTOR FEEDBACK. Help us in BUILDING STRONG. Please provide us with your feedback, comments and recommendations for improvement by visiting our Interactive Customer Evaluation (ICE) Website at:

http://ice.disa.mil/index.cfm?fa=card&service_provider_id=110826&site_id=856&service_category_id=

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

FOR LAW ENFORCEMENT SERVICES

PAINTSVILLE LAKE

JOHNSON COUNTY, KY

1. The Contractor shall perform law enforcement services as described below at Paintsville Lake, Johnson County, Kentucky, to include the following areas:

a. Area A (Tailwater Area)

b. Area B (Damsite – includes dam, dam overlook, office, shop, shop area)

2. Payment for services shall be for scheduled patrols of surveillance as set forth in the monthly patrol summaries at the end of this Performance Work Statement.

3. Patrol officers shall have the following training and qualifications:

a. No less than one (1) year of experience and training in law enforcement with the current department. All officers shall have completed training as required by Kentucky law and be certified by the Kentucky Justice Cabinet.

b. Contractor shall provide only fully equipped formally uniformed officers and marked vehicles. T-shirts, polo shirts, or khaki pants are not considered formal law enforcement uniforms.

c. Contractor shall be required to provide proof of certification and/or arrest authority/police powers prior to officers beginning work on the project.

4. The Contractor’s duties shall include vehicle and foot patrols, or a combination of these patrols as necessary. In addition to enforcing all civil and criminal laws of the State and County, the Contractor shall assist visitors when requested. Officers shall check gates, barricades and doors for security or tampering at frequencies as instructed during the orientation meeting. Officers will enforce posted restrictions. Officers will immediately investigate and report to the Resource Manager any vandalism, theft or suspicious and/or uncommon events and note any such activities including non-functioning security lights or other maintenance issues on the officer's daily log. Foot patrol requirements and/or frequencies will be addressed by the Paintsville Lake Resource Manager at the orientation meeting.

5. The Contractor will be paid for one-man patrols. Work Schedule Calendars for the months of May, June, July, August, and September for 2017 through 2021 will be provided to the

Contractor upon award. These calendars specify the dates, locations, and total number of hours to be worked for each day.

6. The Paintsville Lake Resource Manager and the Contractor shall be designated to issue and receive requests for reimbursable law enforcement services under this contract.

7. The Contractor shall submit invoices for payment to the Paintsville Lake Resource

Manager on a monthly basis under this contract. Two copies of the invoice shall be submitted no later than the 5th calendar day of each month for services provided the previous calendar month. The Contractor shall indicate the number of patrol hours worked, the starting and ending dates of the billing period, and the total charges.

8. The Contractor’s patrol officer shall provide a Daily Enforcement Log in accordance with the attached Daily Enforcement Log, CELRH Form 2712, May 2010. The logs shall be submitted to the Paintsville Lake Resource Manager daily as specified in Paragraph 10 below.

9. All officers who plan to work any part of this contract must attend the orientation meeting

(approximately 2 hours). The Contractor will be contacted well in advance to arrange a mutually agreeable date, time, and location for the meeting; and the Contractor will be paid the hourly rate for all officers who are in attendance for the entire orientation meeting.

10. Patrol verification. The officer on duty shall, immediately upon entering project lands, proceed to the time clock, located in the breezeway at the project office, place the daily log sheet in the clock and stamp with entering time. He shall complete the “Today’s Scheduled Time Slot” portion of the log sheet, using the information from the patrol calendars provided by the Corps. The officer shall inspect all of Area “B” (Damsite Area), then visit Area “A” (Tailwater Area) at least once during each individual patrol. At the end of all patrols, the officer shall return to the time clock and stamp the daily log sheet with the patrol ending time. At the end of the last patrol for the day, the completed daily log sheet shall be signed by the patrol officer, stamped in the clock with the ending time, and then left in the time clock box. The patrol will not be considered complete for payment unless the log sheet is properly and legibly completed, signed by the patrol officer, and contains the properly stamped beginning and end times.

In the event the officers are required to deviate from the contract requirements, such as answering a call not related to the Government contract, the officers shall notify Corps personnel in-person, by radio, or by phone (mobile or land line) prior to departure and again upon resumption of duty, when possible. In non-emergency cases, the time clock shall be validated prior to departure and again upon returning to duty. The hours in which the officer(s) is/are absent from designated patrol areas shall also be indicated on the daily enforcement log.

Two (2) sets of keys will be provided to the Contractor to allow access through the damsite barricade to the time clock box. The Contractor shall sign for the keys and be responsible for the cost of lock and key replacement if keys are lost. Keys will be returned to the

Resource Manager upon expiration of this contract. When keys are returned, the Contractor shall obtain a written verification from the Resource Manager that all keys have been returned.

11. Payment for Services. Regulations state that the Corps of Engineers may negotiate for increased law enforcement services only for portions of project that are operated and maintained by the Corps of Engineers. Therefore, payment for services to the Contractor under this contract is limited to patrols in those areas specified in paragraph 1. Payment will not be provided for patrols or services provided on lands outgranted to the Commonwealth of Kentucky (e.g. Rocky Knob Recreation Area, etc.).

12. Security Requirements. All Contractors and subcontractor employee(s) working on this contract who require access in and/or around any Huntington District facilities (i.e. flood control dams, locks and dams, etc.) shall receive authorization to be on our facilities based upon a favorable background investigation in accordance with “Homeland Security Presidential Directive 12: Policy for a Common Identification Standard for Federal Employees and Contractors” (HSPD 12). The Huntington District Security Management Office shall submit contractor(s) information in order to complete the background investigation and make a recommendation to the Contracting Office of an employee’s suitability for work on Government property. The Procuring Contracting Officer (PCO) has the right to deny any contractor or subcontractor employee from working on the contract based upon the results provided by the Huntington District Security Management Office of the background investigation. The Government, Contractor, and subcontractors shall not permit any employee(s) access to drawings, blueprints, records, photos, sites, or projects until the Huntington District Security Management Office has completed a review of such items and determined they can be released. Contractor’s failure to adhere can result in penalties, fines, or sanctions up to and including contract termination and/or forfeiture of future contract consideration.

Contractors shall submit a complete investigation packet for each contractor and subcontractor employee to the Huntington District Security Management office within 10 working days after award of any contract, or prior to the individual being permitted unescorted access in or around all District facilities. The Contractor must also provide the following: (1) Name of the Contract Specialist with whom he/she is working, (2) Project Name, (3) Contract Number and (4) Task Order Number when applicable.

The documents listed below are required:

SF 85, Questionnaire for Non-Sensitive Positions (see http://www.opm.gov/forms/ to print form). FD 258, Contractor Fingerprint Card (one card for digital prints, two for ink prints) (NOTE: a trained/qualified individual must take prints, ORI block on the FD 258 must be USOPM000Z) (Contractor Fingerprint Cards (FD-258) may be obtained by Contracting Division by contacting the Huntington District Security Management office).

Contractor shall report any changes in personnel or at any time conditions change at least 5 working days prior to individual(s) need to have access to the site. The Contractor shall provide the same information as listed above for all new employees.

Following submission of paperwork, the Security Management Office will conduct an initial criminal check based upon the information provided. If there are no issues, Security Management Office will make recommendations to the PCO or their Designated Representative. The Security Management Office cannot give approval due to unfavorable report(s). The Security Management Office shall coordinate with Office of Counsel and will jointly make recommendations to the PCO and/or the Designated Representative. The PCO will make the determination whether to allow the Contractor personnel to work on the site based on Security and Office of Counsel recommendations, and the PCO will advise Contractor of the decision.

FOREIGN NATIONALS

The Contractor shall provide the package listed above, as well as additional materials noted below for all Foreign Nationals. The Contractor is to expect additional time in the approval process for all Foreign Nationals due to the level of review and elevation of the review to Headquarters Staff to accomplish. All Foreign Nationals must comply with the following paragraph:

In accordance with Engineering Regulation 380-1-18, “Technology Transfer, Disclosure of Information and Contacts with Foreign Representatives” dated 1 August 1996, Section 4, all foreign nationals who work on Corps of Engineers’ contracts shall be approved by the Headquarters US Army Corps of Engineers (HQ USACE) Foreign Disclosure Officer before beginning work on this contract; this regulation includes subcontractor employees.

The Contractor shall submit to the Security Management Office, the names of all foreign nationals proposed for performance under this contract, along with documentation to verify legal admittance into the United States at least 10 business days (excluding Federal holidays) prior to the requested work start date. Such documentation shall include at least one of the following a U.S. passport, Certificate of U.S. Citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), Alien Registration Card with photograph (INS Form I-151 or I-551), Employment Authorization Card (INS Form I- 688A), etc.

All foreign government Requests for Visit Authorizations to the Department of Army organizations must be submitted at least ten business days (excluding Federal holidays) prior to the requested start date of the visit due to attempting to support, accommodate and approve the high number of short-fused Requests for Visit Authorizations (RVAs) received into the Foreign Disclosure Office on a daily basis.

In order to assure forms are properly completed, and to minimize time delays, Contractor is encouraged to work closely with the Security Management Office. The Government will return for correction incomplete forms, illegible forms, etc. which will delay the contractor / subcontractor from beginning work.

Holiday Moratorium - The Department of Defense traditionally imposes a moratorium on

Requests for Visit Authorization (RVA's) during the December and January timeframes each calendar year. Where it is possible, the Contractor should avoid scheduling visits unless they are mission essential during this timeframe. The DOD Foreign Visits System will be operational; however, Army foreign disclosure will only process RVA's designated as mission essential by the Contracting Officer. The only two exceptions to the 10 working day suspense requirement are (1) visits to the Army Secretariat and Army Staff, and (2) visits deemed mission essential or time sensitive by the U. S. Army. A waiver to the Office of the Deputy Chief of Staff, G-2 must be submitted to authorize the request.

Security requirements are subject to change in accordance with HSPD-12, Office of Personnel Management, regulation or policy changes, etc. The Government shall add any changes to security requirements by modification to the contract.

The Contractor shall contact the Security Management Office by phone, letter, or email at the following numbers/addresses:

CELRH-SM

502 Eighth Street Huntington, WV 25701

Sandra L. Hardwick, phone (304) 399-5612; email sandra.l.hardwick@usace.army.mil Matthew D. Green, phone (304) 399-5294; email matthew.d.green@usace.army.mil

13. All contractor and associated sub-contractor employees shall comply with all applicable project and local security policies and procedures (provided by the district representative).

In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation of facility change, the Government may require changes in contractor security matters or processes.

14. Pre-screen candidates using E-Verify Program. The contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR nor later than 3 business days after the initial contract award.

15. Contractor shall comply with all Federal, State and Local safety requirements including those specified by the Occupational Safety and Health Act (OSHA) IN 29 CRF 1910 General Industry Standard, 1926 Construction Standard and the U. S. Army Corps of Engineers Safety & Health Requirements Manual EM 385-1-1 as currently revised.

2017 MONTHLY PATROL SUMMARY

FOR LAW ENFORCEMENT CONTRACT

JOHNSON COUNTY, KENTUCKY

Manhours Equipment Hours May 116 102 June 220 220 July 220 220

August 100 100 September 25 25

MANHOURS PATROL 667

ORIENTATION MEETING 14

TOTAL MANHOURS PAYABLE 681

TOTAL EQUIPMENT HOURS PAYABLE 667

2018 MONTHLY PATROL SUMMARY

May 116 102 June 218 218 July 214 214

August 106 106 September 20 20

MANHOURS PATROL 660

TOTAL MANHOURS PAYABLE 674

TOTAL EQUIPMENT HOURS PAYABLE 660

2019 MONTHLY PATROL SUMMARY

May 114 100 June 216 216 July 215 215

August 102 102 September 20 20

MANHOURS PATROL 653

TOTAL MANHOURS PAYABLE 667

TOTAL EQUIPMENT HOURS PAYABLE 653

2020 MONTHLY PATROL SUMMARY

May 108 94 June 194 194 July 200 200

August 126 126 September 33 33

MANHOURS PATROL 647

TOTAL MANHOURS PAYABLE 661

TOTAL EQUIPMENT HOURS PAYABLE 647

2021 MONTHLY PATROL SUMMARY

May 115 101 June 206 206 July 208 208

August 100 100 September 25 25

MANHOURS PATROL 640

TOTAL MANHOURS PAYABLE 654

TOTAL EQUIPMENT HOURS PAYABLE 640

The following were previously included by reference and are now included by full text:

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS

(OCT 2016)

(a) Definitions. As used in this provision--

Controlled technical information, covered contractor information system, covered defense information, cyber incident, information system, and technical information are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012 shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) For covered contractor information systems that are not part of an information technology service or system operated on behalf of the Government (see 252.204-7012(b)(2))--

(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations'' (see http://dx.doi.org/10.6028/NIST.SP.800-171) that are in effect at the time the solicitation is issued or as authorized by the contracting officer not later than December 31, 2017.

(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—

(A) Why a particular security requirement is not applicable; or

(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.

(End of provision)

(End of Summary of Changes)