W91237-17-T-0048-0001.pdf

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 for law enforcement servcies at R.D. Bailey Lake, West Virginia is amended as follow s: The Monthly Patrol Summary for 2019 is revised as show n on the follow ing page.

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 14

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

16C. DATE SIGNED

BY 16-Mar-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-0048

X 9B. DATED (SEE ITEM 11)

15-Mar-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 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

16-Mar-2017

CODE

USACE, CONTRACTING BRANCH

CHRIS HARTLEY, 502 8TH STREET

HUNTINGTON WV 25701-2070

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-0048

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

PERFORMANCE WORK STATEMENT

LAW ENFORCEMENT

SERVICES

R.D. BAILEY LAKE, WV

1. The Contractor shall perform law enforcement services as described below at R.D. Bailey Lake, Wyoming County, West Virginia, to include the following areas:

a. Visitor Center, Maintenance Compound, Dam & Intake Structure

b. Guyandotte Point Recreation Area

c. Below Dam Area Recreation Area

d. Guyandotte Campground

e. Big Branch Day Use Recreation Area

f. Long Branch Overlook

2. Payment for services shall be for the scheduled patrols of surveillance as set forth in the monthly patrol summaries and Work Schedule Calendars.

3. All patrol officers shall have the following training and qualifications:

a. No less than one (1) year of experience with a police department and training in law enforcement. All officers shall be certified by the West Virginia State Police (in addition to one year's experience).

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 Contractors’ duties shall include vehicle and foot patrols, or combinations of these patrols as necessary. In addition to enforcing all civil and criminal laws of the State of West Virginia and Wyoming County, the Contractor shall assist visitors as necessary, record every interaction with the public upon the Daily Law Enforcement

Log and complete the following during their scheduled shifts:

a. Clear all vehicles except those fishing from the Below Dam Area at dark.

b. Clear all vehicles, and lock the gate to the Big Branch Day Use Area at dark.

c. Clear all vehicles from the Guyandotte Point Recreation Area between dark and 6:00 a.m., except for those fishing and boat launching.

d. Clear all vehicles and lock gate at the Visitor Center area at 8:00pm.

If gate is locked prior to 8:00pm gate shall remain closed.

e. Assist as needed to clear visitors from the Guyandotte Campground between 9:30 p.m. and 10:30 p.m. each night. Lock entrance gate at old fee station at midnight or during times to be coordinated with Park Ranger.

f. The Contractor's patrol officers shall begin and end each shift by recording their time with a time clock located in the pipe chase of the Reedy Creek restroom. Time clock be provided by the government and used to record patrol officers tour of duty on the days log sheet.

5. The Contractor will be paid for one-man patrols as specified on the Work Schedule Calendars. During each patrol the officer shall make at least one visit to each designated area.

6. Work Schedule Calendars for the months of April, May, June, July, August, September and October for 2017 through 2021 shall be provided to the Contractor upon award. These calendars specify the dates, locations, and total number of hours to be worked for each day. The Resource Manager may reschedule the number of hours available to work on the Work Schedule Calendars monthly to maximize coverage. These adjustments will not result in a net increase in the dollar amount called for in this contract. In the event the Contractor's officers are required to deviate from the contract requirements, (e.g. special events, emergencies, etc.), the Contractor’s officers shall make at least one attempt to notify Corps personnel by radio. If radio contact cannot be made, the Contractor shall have the dispatcher of the Contractor or the Wyoming County WERC dispatcher contact Corps personnel by telephone upon departure. Also, hours in which the Contractor's officers are absent from the Government property shall be indicated on the Daily Law Enforcement Log and may be re-scheduled by the Resource Manager.

7. The Contractor will be paid for patrols as indicated on the Work Schedule Calendar. The Contractor’s patrol officer shall patrol each area as described in paragraph 4, subparagraphs a through f. The patrol officer shall be in one of the designated areas or be in direct transit from one to another for the duration of the scheduled shift. The Contractor’s patrol officer shall make radio or personal contact with an on duty Park Ranger at the beginning of each work shift. The Contractor’s patrol officer shall normally make at least two patrols through each area each shift.

Patrols in the Guyandotte Campground shall include patrols through each loop and entire access road ending at Smith Bend launch ramp.

8. The Contractor shall submit to the Resource Manager’s office at R.D. Bailey Lake no later than the 5th day of each month, two copies of an invoice 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. The limit on payment for law enforcement services that may be claimed by the Contractor in FY 17 is $_25,000_. The limit on payment for FY 18 through 21 will be determined at a later date.

9. The Contractor’s patrol officers shall complete a Daily Law Enforcement Log attached hereto or similar department log sheet. All logs shall be completed in detail containing the time, date, hours worked, any contact with members of the public, and any significant occurrences during their patrol shift. Logs shall be left in the pipe chase next to the time clock located in the pipe chase of the Reedy Creek restroom at the end of each patrol shift.

10. All officers who plan to work on this contract must attend the orientation meeting (estimated 1 hour). 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 CLINS 0002, 1002, 2002, 3002 or 4002 for all attending officers, up to a maximum of 10 officers.

R.D. Bailey Lake Law Enforcement Contract 2017 Monthly Patrol Summary

MONTH

MAN

HOURS

TOTAL

EQUIPMENT

HOURS

TOTAL

EQUIPMENT

& MANHOURS

APRIL 14 14 28

MAY 75 75 150

JUNE 138 138 276

JULY 155 155 310

AUGUST 79 79 158

SEPTEMBER 50 50 100

OCTOBER 13 13 26

TOTALS 524 524 1048

R.D. Bailey Lake Law Enforcement Contract 2018 Monthly Patrol Summary

MONTH

MAN

HOURS

TOTAL

EQUIPMENT

HOURS

TOTAL

EQUIPMENT

& MANHOURS

APRIL 13 13 26

MAY 74 74 148

JUNE 136 136 272

JULY 148 148 296

AUGUST 73 73 146

SEPTEMBER 45 45 90

OCTOBER 12 12 24

TOTALS 501 501 1002

R.D. Bailey Lake Law Enforcement Contract 2019

MONTH

MAN

HOURS

TOTAL

EQUIPMENT

HOURS

TOTAL

EQUIPMENT

& MANHOURS

APRIL 12 12 24

MAY 79 79 158

JUNE 136 136 272

JULY 142 142 284

AUGUST 79 79 158

SEPTEMBER 40 40 80

OCTOBER 12 12 24

TOTALS 500 500 1000

R.D. Bailey Lake Law Enforcement Contract 2020 Monthly Patrol Summary

MONTH

MAN

HOURS

TOTAL

EQUIPMENT

HOURS

TOTAL

EQUIPMENT

& MANHOURS

APRIL 12 12 24

MAY 89 89 178

JUNE 131 131 262

JULY 139 139 278

AUGUST 80 80 160

SEPTEMBER 43 43 86

OCTOBER 14 14 28

TOTALS 508 508 1016

R.D. Bailey Lake Law Enforcement Contract 2021

MONTH

MAN

HOURS

TOTAL

EQUIPMENT

HOURS

TOTAL

EQUIPMENT

& MANHOURS

APRIL 13 13 26

MAY 71 71 142

JUNE 130 130 260

JULY 147 147 294

AUGUST 81 81 162

SEPTEMBER 43 43 86

OCTOBER 15 15 30

TOTALS 500 500 1000

SAFETY REQUIREMENTS

a. General. 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 at date of solicitation. Where a conflict exists between safety standards/requirements the contractor shall comply with the more stringent requirement.

If the Contractor fails or refuses to promptly comply with safety requirements as specified herein, any project employee may stop 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. Work Along Roadways. Contractor employees working along highways and roads, or close to vehicular traffic, heavy equipment or equipment loading operations shall wear High Visibility Apparel, meeting, as a minimum, ANSI/ISEA 107-2004 Performance Class 2 requirements.

c. Accident/Mishap Reporting: The Contractor shall report all recordable mishaps to the Government Designated Authority (GDA) within 24-hours in accordance with EM 385-1-1 Section 01.D. Accidents shall be investigated to determine causal factors and corrective actions shall be implemented. Accidents resulting in: days away injuries, days away illnesses, restricted/transfer injuries, property damage of $5,000.00 or more shall be investigated and reported to the GDA using the USACE Accident Investigation Report Form ENG 3394 within 24 hours of the occurrence.

(1) Immediate notification to the GDA is required for all serious accidents:

a. Fatal Injury/illness;

b. Permanent totally disabling injury/illness;

c. Permanent partial disabling injury/illness;

d. One (1) or more persons hospitalized as inpatients as a result of a single occurrence;

e. $500,000 or greater accidental property damage;

f. Three (3) or more individuals become ill or have a medical condition suspected to be related to a site condition, or a hazardous or toxic agent on the site;

g. USACE aircraft destroyed or missing;

The Contractor shall maintain an OSHA Log of Work Related Injuries and Illnesses, OSHA Form 300 and comply with all accident reporting and recordkeeping requirements specified in 29 CFR 1904.39.

(2) In addition to the above, any mishap occurring in any of the following high hazard areas shall be reported immediately to the GDA, investigated and corrective actions implemented.

a. Electrical (includes Arc Flash, electrical shock, etc.);

b. Uncontrolled Release of Hazardous Energy (includes electrical and non-electrical);

c. Load Handling Equipment (LHE) or Rigging;

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.

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

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

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 no later than 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, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

ADDENDEM TO FAR 52.212-4

ADDENDEM TO FAR 52.212-4, Contract Terms and Conditions – Commercial Items The terms and conditions for the following clause is hereby incorporated into this solicitation and resulting contract as an addendum to FAR clauses 52.212-4.

Paragraph (c) within FAR Clause 52.212-4 has been deleted in its entirety:

“(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.”

FAR Clause 52.243-1 Alt 1, Changes-Fixed Price, has been added in its entirety:

(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following:

(1) Description of services to be performed.

(2) Time of performance (i.e., hours of the day, days of the week, etc.).

(3) Place of performance of the services.

(b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.

(c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

(d) If the Contractor’s proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property.

(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause.

However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

(End of Clause)

END OF ADDENDUM TO FAR 52.212-4

(End of Summary of Changes)