W91237-17-T-0057-0001.pdf

W81F8E70051591

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

Summersville Law Enforcement

This amendment is to correction the monthly patrol summary hours for the base and all option periods.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 22

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

16C. DATE SIGNED

BY 31-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-0057

X 9B. DATED (SEE ITEM 11)

22-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

31-Mar-2017

CODE

USACE, CONTRACTING BRANCH

JENNIFER DENNISON, 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-0057

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SUPPLIES OR SERVICES AND PRICES

CLIN 0002

The pricing detail quantity has decreased by 1,176.00 from 2,352.00 to 1,176.00.

CLIN 0003

The pricing detail quantity has decreased by 20.00 from 40.00 to 20.00.

CLIN 1002

The pricing detail quantity has decreased by 1,162.00 from 2,324.00 to 1,162.00.

CLIN 1003

CLIN 2002

The pricing detail quantity has decreased by 1,144.00 from 2,288.00 to 1,144.00.

CLIN 2003

CLIN 3002

The pricing detail quantity has decreased by 1,198.00 from 2,396.00 to 1,198.00.

CLIN 3003

CLIN 4002

The pricing detail quantity has decreased by 1,184.00 from 2,368.00 to 1,184.00.

CLIN 4003

DELIVERIES AND PERFORMANCE

The following Delivery Schedule item for CLIN 0002 has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

30-APR-2018 2,352 SUMMERSVILLE LAKE

TOBY WOOD

2981 SUMMERSVILLE LAKE RD.

SUMMERSVILLE WV 26651-4901

304-872-3412 FOB: Destination

963465

To:

DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

30-APR-2018 1,176 SUMMERSVILLE LAKE

TOBY WOOD

2981 SUMMERSVILLE LAKE RD.

SUMMERSVILLE WV 26651-4901

304-872-3412

The following Delivery Schedule item for CLIN 0003 has been changed from:

30-APR-2018 40 SUMMERSVILLE LAKE

TOBY WOOD

2981 SUMMERSVILLE LAKE RD.

SUMMERSVILLE WV 26651-4901

304-872-3412

30-APR-2018 20 SUMMERSVILLE LAKE

TOBY WOOD

2981 SUMMERSVILLE LAKE RD.

SUMMERSVILLE WV 26651-4901

304-872-3412

The following Delivery Schedule item for CLIN 1002 has been changed from:

30-APR-2019 2,324 SUMMERSVILLE LAKE

TOBY WOOD

2981 SUMMERSVILLE LAKE RD.

SUMMERSVILLE WV 26651-4901

304-872-3412

30-APR-2019 1,162 SUMMERSVILLE LAKE

TOBY WOOD

2981 SUMMERSVILLE LAKE RD.

SUMMERSVILLE WV 26651-4901

304-872-3412

The following Delivery Schedule item for CLIN 1003 has been changed from:

30-APR-2019 40 SUMMERSVILLE LAKE

TOBY WOOD

2981 SUMMERSVILLE LAKE RD.

SUMMERSVILLE WV 26651-4901

304-872-3412

30-APR-2019 20 SUMMERSVILLE LAKE

TOBY WOOD

2981 SUMMERSVILLE LAKE RD.

SUMMERSVILLE WV 26651-4901

304-872-3412

The following Delivery Schedule item for CLIN 2002 has been changed from:

30-APR-2020 2,288 SUMMERSVILLE LAKE

TOBY WOOD

2981 SUMMERSVILLE LAKE RD.

SUMMERSVILLE WV 26651-4901

304-872-3412

30-APR-2020 1,144 SUMMERSVILLE LAKE

TOBY WOOD

2981 SUMMERSVILLE LAKE RD.

SUMMERSVILLE WV 26651-4901

304-872-3412

The following Delivery Schedule item for CLIN 2003 has been changed from:

30-APR-2020 40 SUMMERSVILLE LAKE

TOBY WOOD

2981 SUMMERSVILLE LAKE RD.

SUMMERSVILLE WV 26651-4901

304-872-3412

30-APR-2020 20 SUMMERSVILLE LAKE

TOBY WOOD

2981 SUMMERSVILLE LAKE RD.

SUMMERSVILLE WV 26651-4901

304-872-3412

The following Delivery Schedule item for CLIN 3002 has been changed from:

30-APR-2021 2,396 SUMMERSVILLE LAKE

TOBY WOOD

2981 SUMMERSVILLE LAKE RD.

SUMMERSVILLE WV 26651-4901

304-872-3412

30-APR-2021 1,198 SUMMERSVILLE LAKE

TOBY WOOD

2981 SUMMERSVILLE LAKE RD.

SUMMERSVILLE WV 26651-4901

304-872-3412

The following Delivery Schedule item for CLIN 3003 has been changed from:

30-APR-2021 40 SUMMERSVILLE LAKE

TOBY WOOD

2981 SUMMERSVILLE LAKE RD.

SUMMERSVILLE WV 26651-4901

304-872-3412

30-APR-2021 20 SUMMERSVILLE LAKE

TOBY WOOD

2981 SUMMERSVILLE LAKE RD.

SUMMERSVILLE WV 26651-4901

304-872-3412

The following Delivery Schedule item for CLIN 4002 has been changed from:

30-SEP-2021 2,368 SUMMERSVILLE LAKE

TOBY WOOD

2981 SUMMERSVILLE LAKE RD.

SUMMERSVILLE WV 26651-4901

304-872-3412

30-SEP-2021 1,184 SUMMERSVILLE LAKE

TOBY WOOD

2981 SUMMERSVILLE LAKE RD.

SUMMERSVILLE WV 26651-4901

304-872-3412

The following Delivery Schedule item for CLIN 4003 has been changed from:

30-SEP-2021 40 SUMMERSVILLE LAKE

TOBY WOOD

2981 SUMMERSVILLE LAKE RD.

SUMMERSVILLE WV 26651-4901

304-872-3412

30-SEP-2021 20 SUMMERSVILLE LAKE

TOBY WOOD

2981 SUMMERSVILLE LAKE RD.

SUMMERSVILLE WV 26651-4901

304-872-3412

The following have been modified:

PEFORMANCE WORK STATEMENT

LAW ENFORCEMENT SERVICES

SUMMERSVILLE LAKE, NICHOLAS COUNTY, WV

1. The Contractor shall perform law enforcement services as described below at Summersville Lake, Nicholas County, WV to include the following:

a. Battle Run Area

b. Dam Site/Picnic Area

c. Office/Visitor Center Complex

d. Route 129 Overlook

e. Long Point Area

f. Salmon Run Area

g. Outlet Structure Area

2. Payment for services shall be for those scheduled patrols of surveillance as set forth in Paragraph 5 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 be certified by the West Virginia State Police (in addition to one year’s experience)..

b. Contractor shall provide only fully equipped 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. 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 Law Enforcement Log. Foot patrol requirements and/or frequencies will be addressed by the Summersville Lake Resource Manager at the orientation meeting. Other areas may need to be locked, such as Battle Run Area, Dam Site/Picnic Area, etc., if vandalism or emergency conditions exist. One or more campground areas maybe closed temporarily during low use periods, with a locked barricade placed across the road. All closed recreation areas, entrance doors on project office and pipe chases on restrooms should be checked at least once during an officer's shift.

5. The Contractor will be paid for one-man patrols. The 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. The Resource Manager may adjust 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. As deemed necessary due to unexpected circumstances (e.g. special events, emergencies, etc.), the Resource Manager, with the mutual agreement of the Contractor, may reschedule hours allotted to optimize the service. Should the Contractor's officer be called away from Corps duty due to local law enforcement needs, which results in a decrease in hours served during the scheduled time, the Resource Manager may shift the balance of the unused hours to another date and time.

6. The Contractor shall submit invoices for payment to the Summersville Lake 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.

7. The Contractor’s patrol officer shall provide a Daily Law Enforcement Log in accordance with the attached Daily Law Enforcement Log, CELRH Form 2712, May 2010. The logs shall be submitted to the Summersville Lake Resource Manager daily as specified in Paragraph 9 below.

8. All Officers who plan to work any part of this contract must attend the orientation meeting (approximately 1 hour). It is anticipated that no more than 20 officers will attend the orientation meeting. The Contractor shall be contacted well in advance to arrange a mutually agreeable date, time, and location for the meeting; and the Contractor will be paid hourly rate for CLINS 0001, 1001, 2001, 3001 or 4001 all officers who are in attendance for the entire orientation meeting.

9. Patrol Verification. The officer on duty shall, immediately upon entry to service areas proceed to the appropriate time clock and validate it. The officer will then provide law enforcement services to all areas scheduled for patrol as described in paragraph 1.

Immediately prior to departure of an area the officer shall again validate a Watchman's Register.

The Government will monitor the Contractor’s performance in each functional area under this agreement by random sampling as defined in a Quality Assurance Surveillance Plan. The Contractor’s patrol officer shall begin each shift at the Battle Run Campground. Gate Attendants will note arrival and departure times in their Daily Law Enforcement. From time to time a Corps of Engineers representative may make periodic radio checks with the Contractor’s officer to insure radio contact. In the event the Contractor’s officer is required to deviate from the agreement requirements, such as answering calls not related to the Government agreement, the Contractor’s officer will notify Corps personnel in- person, by radio, or by phone (cellular or land line) prior to departure and again upon resumption of duty. Also, those hours in which the Contractor’s officer is absent from Government property shall be indicated on the Daily Law Enforcement Log. The Contractor will not be paid for any scheduled time that is not worked. Completed Daily Law Enforcement Logs shall be signed by the Contractors officer and turned in to the Resource Manager, Summersville Lake, and each Monday prior to 12:00 pm EDT or faxed to the Resource Manager's office, as agreed upon during the orientation meeting. Failure to properly complete Daily Law Enforcement Logs may result in the Contractor not being paid. Daily Law Enforcement Log sheets must be properly and legibly completed and signed by the patrol officer.

Officer(s) shall remain in the designated areas or be in direct transit from one area to another for the duration of the scheduled shift. From time to time Corps staff will make contact with the officer on duty in-person or via radio (appropriate Corps personnel have access to radio frequencies used by the Contractor and routinely monitor said frequencies during patrol hours. Use of these frequencies by Corps personnel is rare).

In the event Contractors officers are required to deviate from the agreement requirements, such as answering a call not related to the Government agreement, the Contractors officer(s) shall notify Corps personnel in-person, by radio, or by phone (mobile or land line) prior to departure and again upon resumption of duty, (as appropriate). In non-emergency cases, the Watchman's Register shall be validated prior to departure and again upon returning to duty. The hours in which the officer(s) is absent from designated patrol areas shall also be indicated on the Daily Law Enforcement Log. The Contractor will not be paid for those hours. The Government will monitor the Contractors performance in each functional area under this agreement by random sampling as defined in a Quality Assurance Surveillance Plan.

10. The Contractor shall perform the following specific duties:

a. Between 10PM EDT and 11PM EDT each night, the officer shall clear vehicles and enforce posted restrictions at Battle Run, Long Point, Salmon Run, Dam Site/Picnic areas, Office/Visitor Center Complex, Outlet Structure and Rt. 129 Overlook.

b. Patrol areas in accordance with schedule to be visible to the public.

c. Respond to the needs of the visitor and Rangers on duty to promote safety through the enforcement of state and local laws.

d. Beach foot patrols between the hours of 1PM EDT and 5PM EDT.

e. Provide support to Rangers when requested or see needed.

f. Enforce violations that could result in a public endangerment or defacement of Government facilities.

g. Conduct speed checks in recreation areas according to posted speed limits.

h. Assist with or provide traffic control at the request of Ranger Staff.

i. Complete daily patrol logs which should include Verbal and Written Warnings, Citations, Arrests, Traffic meetings, Ranger Assists, Summary of Daily Actions.

11. Payment for Services. Regulations state that the U.S. Army Corps of Engineers (USACE) may negotiate for increased law enforcement only for portions of project that are operated and maintained by USACE. Therefore, payment 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 out-granted to the State of West Virginia.

2017 Monthly Patrol Summary - Law Enforcement

Summersville Lake Nicholas County, West Virginia

Patrol Hour 1 Man-Hour + 1 Equipment Hour = 1 Patrol Hour

Patrol Hours

MONTH PATROL HOURS

May 214

June 280

July 342

August 260

September 80

PATROL HOURS 1176

UNSCHEDULED PATROL 20

ORIENTATION MEETING (no equipment) 20

TOTAL MANHOURS PAYABLE 1216

2018 Monthly Patrol Summary - Law Enforcement

Nicholas County, West Virginia

Patrol Hour 1 Man-Hour + 1 Equipment Hour = 1 Patrol Hour

Patrol Hours

MONTH PATROL HOURS

May 214

June 286

July 330

August 260

September 72

PATROL HOURS 1162

UNSCHEDULED PATROL 20

TOTAL MANHOURS PAYABLE 1202

2019 Monthly Patrol Summary - Law Enforcement

Nicholas County, West Virginia

Patrol Hour 1 Man-Hour + 1 Equipment Hour = 1 Patrol Hour

Patrol Hours

MONTH PATROL HOURS

May 214

June 290

July 326

August 256

September 58

PATROL HOURS 1144

UNSCHEDULED PATROL 20

TOTAL MANHOURS PAYABLE 1184

2020 Monthly Patrol Summary - Law Enforcement

Nicholas County, West Virginia

Patrol Hour 1 Man-Hour + 1 Equipment Hour = 1 Patrol Hour

Patrol Hours

MONTH PATROL HOURS

May 222

June 294

July 322

August 262

September 98

PATROL HOURS 1198

UNSCHEDULED PATROL 20

TOTAL MANHOURS PAYABLE 1238

2021 Monthly Patrol Summary - Law Enforcement

Nicholas County, West Virginia

Patrol Hour 1 Man-Hour + 1 Equipment Hour = 1 Patrol Hour

Patrol Hours

MONTH PATROL HOURS

May 214

June 274

July 336

August 268

September 92

PATROL HOURS 1184

UNSCHEDULED PATROL 20

ORIENTATION MEETING (no epuipment) 20

TOTAL MANHOURS PAYABLE 1224

12. 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;

13. 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 should a background investigation come back with derogatory information. 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

All contractor and associated sub-contractor employee 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 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 Contractor 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 Program. An initial list of verified/eligible candidates must be provided to the COR no later than 3 business days after the initial contract award.

14. Contractor shall comply with all Federal, State, and Local safety requirement including those specified by the Occupational Safety and health Act (OSHA) in 29 CRF 1910 General Industry Standard, 1926 Construction Standard and the US Army Corps of Engineers Safety & Health Requirements manual EM 3985-1-1 as currently revised.

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

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 Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (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: www.vets.gov/ Federal veteran employment information: www.fedshirevets.gov/index.aspx Veterans’ Employment and Training Service (VETS): http://www.dol.gov/vets/ Veterans Opportunity to Work (VOW) Program: http://benefits.va.gov/vow/ U.S. Army Warrior Transition Command Employment Index:

wtc.army.mil/modules/employers/index.html Hiring Our Heroes initiative: www.uschamberfoundation.org/hiring-our-heroes Guide to Hiring Veterans:

www.whitehouse.gov/sites/default/files/docs/white_house_business_council_- _guide_to_hiring_veterans_0.pdf

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