A.01.30_PWS.pdf

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BLUESTONE LAKE

SERVICES CONTRACT

TABLE OF CONTENTS

SECTION C-1

GENERAL

C-1.1 PROJECT INFORMATION

C-1.2 PERFORMANCE WORK STATEMENT

C-1.3 TASK ORDERS

C-1.4 NEGOTIATION

C-1.5 C-1.6

WORKING HOURS

CONTRACTOR SUBMITTALS

C-1.7 PERMITS AND LICENSES

C-1.8 IDENTIFICATION OF CONTRACTOR EMPLOYEES AND

VEHICLES

C-1.9 SAFETY AND HEALTH REQUIREMENTS

C-1.10 SECURITY REQUIREMENTS

C-1.11 DAMAGE REPORTS

C-1.12 CONTRACTOR EMPLOYEES’ CONDUCT AND

COMPETENCY

C-1.13 DAMAGE OR LOSS OF CONTRACTORS SUPPLIES AND

PROPERTY

C-1.14 SUPERVISION

C-1.15 ENVIRONMENTAL PROGRAM

C-1.16 CONTRACTOR DISCREPANCY REPORT (CDR)

C-1.17 MEETINGS

C-1.18 QUALITY CONTROL

C-1.19 QUALITY ASSURANCE

C-1.20 C-1.21 C-1.22

DEFICIENCIES

CONTRACTOR WORK SCHEDULE

EMERGENCY WORK

C-1.23 INTERRUPTIONS TO SYSTEMS

C-1.24 GOVERNMENT FURNISHED MATERIALS AND

EQUIPMENT

C-1.25 CONTRACTOR FURNISHED ITEMS

C-1.26 SAFEGUARDING GOVERNMENT PROPERTY

C-1.27 NOTIFICATION OF WORK TO BE DONE

C-1.28 MINIMUM MANPOWER REQUIREMENTS

C-1.29 MINIMUM PERSONNEL QUALIFICATIONS

C-1.30

C-1.31

COOPERATION WITH OTHER CONTRACTORS,

LESSEES, AND VOLUNTEERS

INCLEMENT WEATHER AND HOLIDAY WORK

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C-1.32 PREWORK CONFERENCE

C-1.33 C-1.34

REPORTS

APPLICABLE PUBLICATIONS

C-1.35 HOURLY RATES – PRICE PROPOSAL

C-1.36 DEFINITIONS

SECTION C-2

MOWING SERVICES

C-2.1 PERFORMANCE WORK STATEMENT

C-2.2 GENERAL

C-2.3 WORK TO BE PERFORMED

C-2.4 MOWING CYCLE

C-2.5 PRUNING

C-2.6 C-2.7

TREE AND BRUSH CUTTING

ACCESS ROAD CLEARING

C-2.8 C-2.9 C-2.10 C-2.11 C-2.12 C-2.13 C-2.14

C-2.15 C-2.16 C-2.17

BRUSH CUTTING FREEZELAND MOUNTAIN

BRUSH CUTTING RIVER ROAD

PLANTING OR REPLANTING PLANTS

PREVENTION OF LANDSCAPED DEFACEMENT

RESTORATION OF LANDSCAPED DAMAGE

ITEMS TO BE FURNISHED BY THE GOVERNMENT

SUPPLIES TO BE FURNISHED BY THE

CONTRACTOR

SERVICE EQUIPMENT

SPECIAL PROVISIONS

SERVICE AREAS

SECTION C-3

CLEANING SERVICES - RECREATION AREAS

C-3.1 GENERAL

C-3.2 WORK TO BE PERFORMED

C-3.3 C-3.4

SERVICE EQUIPMENT

SPECIAL PROVISIONS

C-3.5 ITEMS TO BE FURNISHED BY THE GOVERNMENT

C-3.6 SUPPLIES TO BE FURNISHED BY THE CONTRACTOR

C-3.7 SERVICE AREAS

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SECTION C-5

FACILITY REPAIR, MAINTENANCE, AND OTHER NON-ROUTINE WORK

C-5.1 GENERAL

C-5.2 NON-ROUTINE WORK

C-5.3 NON-ROUTINE WORK TO BE PERFORMED

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DESCRIPTION/SPECIFICATIONS

SECTION C-1

General

C-1.1. PROJECT INFORMATION. Bluestone Lake is located on the new River within the upstream city limits of Hinton, West Virginia and 161.8 miles above the mouth of the Kanawha River. The reservoir lies in Summers, Monroe, and Mercer Counties, West Virginia, and Giles County, Virginia. The dam site is accessible by State Route 3 from the East and West and State Route 20 from the South and North. Project purposes include flood control, recreation, fish and wildlife management and downstream recreation. Approximate annual visitation to Corps operated areas is 750,000.

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 mowing, cleaning, janitorial, and other services at the Bluestone Lake project recreation areas, as specified and in strict accordance with all Terms, Conditions, General, Specific and Technical Provisions, Drawings, Attachments, Exhibits, etc., contained herein or incorporated by reference. Award of a contract does not guarantee that the Government will order all of the types of services listed under the contract from the Contractor. The Government reserves the right to perform any portion of the services listed.

The quantities listed in the Price breakout schedule are approximate and are provided as information only to assist in preparation of proposals. They are not guaranteed and the actual quantities may be more or less than shown. Variation in these estimated quantities shall not be justification for modification of the contract or request for additional payment.

Contractor's work and responsibility shall include, but shall not be limited to, all planning, programming, administration and management necessary to assure that all services provided are conducted in accordance with the contract and all applicable laws, regulations, codes, or directives. Contractor shall perform all related Contractor administrative services necessary to perform the work such as supply, procurement, quality control, Contractor financial control, and maintenance of accurate and complete records and files.

It is emphasized that the work described in this contract is a critical part of the Corps mission. Much of the work described will be performed in public recreation areas. The Corps is committed to "Customer Care" and providing quality professional service.

Work included in this contract generally involves work associated with operation and maintenance of areas at the specified Government projects. However, in special instances the contractor may be issued a task order under this contract for other Huntington District projects within the State of West Virginia and within 50 linear miles.

Examples of these special instances may include but are not limited to damaging storms, wildfires, floods, or other time-sensitive maintenance needs. Task orders issued in these circumstances will be negotiated on an individual basis using contract line

C-5 items from the price breakout schedule.

C-1.3. TASK ORDERS. All work under this contract will be ordered by issuance of individual Task Orders (DD Form 1155, see Exhibit P). No work shall be performed under this contract before an individual Task Order has been issued by the Contracting Officer (KO). The KO has four basic ways to order work using this contract: Fixed Price Task Orders, Negotiated Task Orders, Estimated Task Orders, and Emergency Task Orders. Only the KO, by issuance of a modification, may make any change to a Task Order. The type of Task Order used will be at the discretion of the KO. The Task Order will list those items from the price breakout schedule that are to be performed or used to perform the work, except for negotiated Task Orders

C-1.4. NEGOTIATION. Negotiated Task Orders (e.g., using items from C-5 of the Price Breakout Schedule) will be agreed upon by negotiation between the Contractor and the KO. This procedure is typically initiated the Government, unless otherwise specified in the Request for Proposal Letter, the Contractor shall return the completed proposal within 48 hours of receipt of the request. If the Contractor's proposal is reasonable, the KO will issue a Task Order. If the Contractor's proposal is considered unreasonable, the Contractor and KO will attempt to reach a fair and reasonable price through negotiation.

If an agreement cannot be reached, the KO may elect to not issue a task order for the work. The Government reserves the right to obtain services by whatever means deemed to be in the best interest of the Government, including use of its own work force.

The purpose of negotiation is to establish a fair and reasonable price for the job under consideration. The Government and Contractor will negotiate toward the most efficient method of work and the number of hours required. For negotiations, the Sutton Lake Office is the starting and stopping point for work crews. The most efficient method is that method of work which accomplishes the job safely and at the lowest price. Once negotiated the Contractor must perform the job using the method of work and line items agreed upon during negotiations.

C-1.5. WORKING HOURS.

a. Normal Working Hours. Normal working hours, except as otherwise specified herein, shall be Monday through Friday, 7:15 a.m. to 4:00 p.m. or as specified on the Task Order. Work inside Government buildings or other secured areas shall be performed during the above referenced work hours. Work that interferes with other ongoing functions at the project shall be scheduled around normal working hours, as specified by the COR. Refer to individual sections of this specification for specific schedules of work.

b. Holiday Work. The ten 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)

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Memorial Day (Last Monday in May) Independence Day (July 4th) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day (4th Thursday in November) Christmas Day (December 25th)

When one of the above designated holidays falls on a Sunday, the following Monday is observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday. Work shall be scheduled around the above listed Federal holidays except as specified herein or as approved by the COR.

Work may be required on holiday periods during heavy visitation, emergencies, or for other reasons as determined by the COR. Additional personnel may be required to handle the additional work load during holiday periods because of heavy visitation. The COR will notify the Contractor of actual work requirements.

c. Emergency Working Hours. Emergency working hours shall be 24 hours per day, 7 days per week.

d. 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. The KO will notify the Contractor, by modification to the Task Order, of any change that extends the performance period due to inclement weather.

C-1.6. CONTRACTOR SUBMITTALS. Unless otherwise specified, the Contractor shall submit information to the COR one week prior to the pre-work conference, as specified in Exhibit C.

C-1.7. PERMITS AND LICENSES.

a. The Contractor shall, at his own expense, obtain any licenses or permits required to perform all aspects, requirements and work of this contract. The Contractor shall comply with all current Federal, State, and local laws and regulations and shall comply with any subsequent changes.

b. Regulations by the West Virginia Division of Labor (WVDOL) requires all Contractors working in the state to have a current West Virginia Contractors License. The WVDOL may be contacted at (304) 558-7890 for details. The Contracting Officer will notify the WVDOL when a contract for work to be performed in West Virginia is awarded to an out of state firm.

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C-1.8. IDENTIFICATION OF CONTRACT EMPLOYEES AND VEHICLES. The Contractor shall furnish his employees, other than office and clerical personnel, 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 30 days after notice of award of the contract. Any employee hired 30 calendar days after award of the Contract shall be in the required uniform within 14 calendar days of the date of hire. Contractor uniforms shall not resemble U.S. Army Corps of Engineers 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.

Uniform shirts shall be buttoned and neatly tucked into pants at all times employees are on duty.

All vehicles used by the Contractor to perform work under this contract shall be identified with the company name prominently displayed on the outside of both front doors of each vehicle in a professional manner to provide an attractive and readily visible means of identification.

The Contractor may require his employees to report in their own vehicles to the project, but these personal vehicles must be parked in the Contractor's compound, or at a site designated by the COR. All vehicles used in performance of work must be marked.

Vehicles used by the Contractor to perform administrative functions such as morning meetings or crew supervision must also be marked.

C-1.9. SAFETY 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. 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 and security 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. Contractor Accident Prevention Plan (APP). The Contractor shall prepare a site-specific Accident Prevention Plan following the outline provided in EM 385-1-1, Appendix A as a minimum. The contractor shall address each element and sub-element in the outline in the order they appear in Appendix A. Any item from the outline that does not apply must be listed, in its assigned place and a brief explanation of the

C-8 reason it is not required/provided. The APP shall address any unusual or unique aspects of the project or activity. This plan must be accepted by the Contracting Officer prior to commencement of any work. Contractors are encouraged to contact the USACE Safety & Occupational Health Office for questions or information regarding the development of contract Accident Prevention Plans. Office hours are Monday-Friday 8:30 a.m. - 4 p.m. at (304)399-5039/5032/5326. The web address for EM 385-1-1 is:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_3 85-1-1.pdf

Note: The contractor shall employ a Site Safety and Health Officer (SSHO) who has completed OSHA 30 hour Construction or General Industry Safety training or its equivalent and has five (5) years’ experience relative to the work to be performed.

SSHO credentials shall be submitted for review and acceptance with the APP. SSHO shall complete a minimum of eight (8) hours of safety training annually.

(1) For Negotiated task orders where the Risk Assessment Code (RAC) of the

AHA is high or extremely high risk, the SSHO shall be on-site and have no other duties.

Following is a list of jobs normally considered high or extremely high risk (This list is not necessarily all inclusive; each task must be evaluated to determine risk):

• Repair buoys

• Attach anchors & cables

• Drift/Debris cleanup

• Work with exposure to hazardous, toxic or radiological waste

• Topping trees

• Removing/anchoring fallen trees

• Remove beaver dams

• Bridge decking

• Fire Fighting

(2) For limited service contracts, such as park attendant, cleaning, janitorial, routine mowing, general grounds-keeping and low risk negotiated task orders, SSHO responsibilities may be a collateral duty. The Collateral duty SSHO shall have an OSHA approved 30 hour safety course. Following is a list of jobs normally considered low to moderate risk:

• Removing or replacing bulletin boards, signs, barricades, gates, bumpers, curbs, fences & posts

• Planting seeds, installing grills, lantern posts, fire rings, & other campground equipment

• Repairs to fences, play equipment, game courts, picnic units & shelters.

• Boundary marking

• Cleaning culverts

• Spreading gravel or anchoring picnic tables

• Minor landscaping

• Routine building maintenance

(painting, plumbing, caulking, patching, finishing, sheet rock, floor tile, carpet, etc.

(3) For very low risk jobs and jobs requiring only one person, such as, field walk-over, surface soil sampling or long term water sampling, the SSHO may be collateral duty.

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

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(4) Work crews of two or more must have two people holding current certification in First Aid and CPR from the American Red Cross, American Heart Association or a licensed physician. Training must include a hands-on component that cannot be taken online and the contractor must maintain appropriate First Aid kit on site. Single individuals working alone must have current certification in First Aid as a minimum.

(5) All work that potentially exposes the worker to falls of six feet or more will require the contractor to submit a Site Specific Fall Protection & Prevention Plan in accordance with EM 385-1-1, Section 21.D.

(6) Cranes and hoisting equipment shall be operated only by qualified personnel (operators licensing, physical and drug testing in accordance with EM 385-1-1 Section 16.B). Note: CDL Medical Clearance is not acceptable. Please see attached medical clearance requirements.

(7) Effective November 8, 2010 all “Signalpersons” and “Riggers” shall be qualified. This is a mandatory requirement in accordance with 29 CFR 1926.1400 Regulations. Riggers must be a qualified person for the performance of specified hoisting activities such as during assembly/disassembly, in accordance with OSHA 1926.1404(r)(1) and 1926.1425(c)(3).

(8) Task orders involving potential exposure to Hazardous, Toxic or Radiological

Waste shall require development of Site Specific Safety and Health Plan (SSHP) by qualified personnel as specified in EM 385-1-1 Sections 6 and 33.

c. Risk Management Process: The Contractor shall utilize risk management tools such as Activity Hazard Analysis (AHA), Job Hazard Analyses (JHAs), Job Safety Analyses (JSAs) or similar tools to identify, assess, prioritize risks and develop controls to minimize, monitor and control the probability and/or impact of unfortunate events to an acceptable level. Within each major phase, all activities, tasks or Definable Features of Work (DFOWs) shall be identified that will require an AHA/JSA/JHA. For each work activity, task or DFOW contractor shall prepare the initial AHA/JSA. A Risk Assessment Code (RAC) is assigned to each step, to the risk that remains after controls have been applied (residual risk) a final RAC (cannot be lower than the highest step RAC) shall be assigned. See EM 385-1-1 Section 01.A.14.b. for further guidance or contact the SOHO for assistance. The AHA/JSA/JHA shall be reviewed and accepted by the proper authority in order to proceed with the activity. All on-site employees shall review the accepted AHA/JSA/JHA prior to performing work and during weekly and “Tool Box” safety meetings as appropriate.

1. AHA/JSA/JHA shall define the activities being performed and identify the work sequences, the specific anticipated hazards, site conditions, equipment, materials, and the control measures to be implemented to eliminate or reduce each hazard to an acceptable level of risk. AHA/JSA should indicate compliance with EM 385-1-1 personal protective equipment requirements (safety-toed work boots, safety glasses, C-10 gloves, hard hats, etc.), work crews of two or more must have two people currently qualified in first aid and CPR and the appropriate first aid kit on site. Single individuals working alone must have current certification in First Aid only.

2. The names of the Competent Person(s) and Qualified Person(s) required for a particular activity (e.g., excavation, scaffolding, fall protection, or other activities as specified by OSHA and this manual) shall be identified and included in the AHA/JSA/JHA, as well as proof of their competency/qualification.

d. Accident/Mishap Reporting: The Contractor shall report all recordable mishaps to the 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;

d. Fall-from-Height (any level or other than same surface);

e. Underwater Diving

C-1.10 SECURITY REQUIREMENTS.

a. All Contractors and subcontractor employee(s) working on this contract who

C-11 require access in and/or around any Huntington District facilities shall receive authorization to be on site at these 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) personal information in order to complete the basic background investigation in order to 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 an Operations Security (OPSEC) 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 on 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 http://www.opm.gov/forms/

C-12 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. 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.

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.

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

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Stephen R. Curry, phone (304) 399-5695; email stephen.r.curry@usace.army.mil Matthew D. Green, phone (304) 399-5294; email matthew.d.green@usace.army.mil Sandra L. Hardwick, phone (304) 399-5612; email sandra.l.hardwick@usace.army.mil

b. Operational Security and Anti-Terrorism. The following shall be accomplished by the contractor before any task order will be issued:

(1) All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within thirty (30) calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within five (5) calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: https://atlevel1.dtic.mil/at.

(2) 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 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 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 individual facility or installation change, the Government may require changes in contractor security matters or processes.

(3) iWATCH, Corps Watch, or “See Something, Say Something” program (training standards provided by the requiring activity ATO). This locally developed training shall be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR and project resource manager. This training shall be completed within thirty (30) calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR, as evidenced by a course certificate, no later than five

(5) calendar days after course completion.

(4) All contractor employees shall complete annual OPSEC awareness training, as evidenced by a completed course certificate. New contractor employees shall submit to the COR completed course certificates of Level I OPSEC training within thirty (30) calendar days of their reporting for duty.

mailto:stephen.r.curry@usace.army.mil mailto:matthew.d.green@usace.army.mil mailto:Sandra.L.Hardwick@usace.army.mil

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(5) The Contractor must prescreen Candidates using the E-verify Program, http://www.dhs.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 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 three (3) business days after the initial contract award.

C-1.11. DAMAGE REPORTS. All instances where Government materials, supplies, property, and/or equipment are damaged shall be reported immediately to the COR. When the damage was caused by contract employees, a written report of the incident and extent of such damage shall be submitted to the COR, within two (2) work days (less weekends and holidays) of occurrence. For property damage accidents of $2,000 or more the Contractor will complete and submit to the COR a copy of ENG 3394.

C-1.12. CONTRACT EMPLOYEES' CONDUCT AND COMPETENCY. All contract employees shall conduct themselves in a proper manner at all times. Since the majority of work is performed in the presence of the general public, the conduct of all employees is critical and will be closely monitored. Contract employees shall comply with all provisions of Title 36, Chapter III, Part 327, CFR and obey all posted signs and regulations in the performance of the work under this contract. Being under the influence of or consuming alcoholic beverages or controlled substances by the Contractor or employees while on duty is prohibited.

The Contractor expressly agrees to dismiss any employee or subcontractor employee whose continued employment is deemed by the COR to be inconsistent with the best interests of the public or the U.S. Army Corps of Engineers. The KO or the COR may require the Contractor to immediately remove from the work site any employee or subcontractor who is incompetent, endangers persons or property, or whose physical or mental conditions 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 and that dismissed employee will not be used to perform duties or services under this contract.

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 theft, damage, etc., of the above.

C-1.14. SUPERVISION. The Contractor or a Contractor Representative shall personally supervise the work, or be readily available by phone or other means of communication to respond to any contract issue that may arise when work is in progress during normal work hours (7:15 am to 4:00 pm, Monday through Friday). The

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Contractor and/or their Representative(s) shall conduct overall management coordination and be the central point of contact with the Government for performance of all work under the contract.

Each Contractor Representative shall have full authority to contractually commit the Contractor for prompt action on all matters pertaining to administration of this contract, and shall be the on-site Contractor employee who is responsible for safety.

In addition to Contractor Representative(s), the Contractor shall also appoint Quality Control Inspectors (QCIs) who shall perform the Contractor's Quality Control Program.

QCIs shall be responsible for implementing the Contractor's Accident Prevention Plan.

All QCIs shall have the authority to determine for the Contractor when work is ready for Government inspection and to make decisions for the Contractor on re-performance when necessary. A QCI shall be appointed for each work crew. For work performed outside normal working hours, a Contractor Representative or QCI shall be present at the work site.

The COR and Government Inspectors will deal directly with the QCIs or Contractor Representatives, for normal day-to-day administration of the contract provisions.

The names and telephone numbers of all individuals authorized to act on behalf of the Contractor as Contractor Representative(s) or QCI(s) shall be submitted in writing to the COR before work is performed.

The Contractor shall maintain and review copies of contract work requirements, specifications, Activity Hazard Analysis, etc., at each work site which relate to each person's work responsibilities, and shall review them to insure employees comprehension of a job prior to initiating work.

C-1.15. ENVIRONMENTAL PROGRAM. The Contractor shall comply with Federal, State, and local laws, regulations and standards regarding environmental protection. All environmental protection matters shall be coordinated with the COR.

Any of the facilities operated by the Contractor may be inspected by the COR, or other Federal, State and local officials without advance notice. Access for inspection shall be granted upon request. Citations against Government facilities operated by the Contractor for non-compliance with environmental standards are a matter for resolution between the Government and the issuing office. 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 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 all costs associated with cleanup.

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Cleanup shall be performed 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 is a formal document used by the Government to process defects in services (see Exhibit G). As initially issued to the Contractor, the CDR describes the discrepancy or problem. The CDR will be discussed with the Contractor or his representative when it is issued. The Contractor shall provide his written response on the CDR form within 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 and KO will evaluate the Contractor's response and take appropriate action. 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, etc., the Contractor may so state, in writing, and request a final decision by the Contracting Officer. The Contracting Officer monitors all CDR's issued, and CDR's are the principle evidence used by the Contracting Officer in determining Government contract actions such as termination or decision not to exercise options.

C-1.17. MORNING MEETINGS. The Contractor or his authorized representative shall report, in person, by 9:00 a.m. each workday (Monday-Friday) to the COR at the Sutton Lake project office to discuss contract work items. Specific topics of discussion at the morning meetings may include issuing Task Orders, requests for estimates, negotiation, inspections, quality control, and upcoming work. If a CDR is issued, mutual effort will be made to resolve any and all problems identified to preclude their recurrence. The COR may reduce this schedule, or change the reporting method, time or place if mutually agreeable between the COR and the Contractor.

C-1.18. QUALITY CONTROL. The Contractor shall establish 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 deficiencies in the quality of services performed before the level of performance is unacceptable. This program must be approved by the Contracting Officer prior to commencement of any work.

The program shall include, but not be limited to the following:

a. An inspection system covering all the services stated in the contract specifications.

b. A method of identifying and correcting deficiencies 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.

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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 and/or inspector.

A sample program is described in Exhibit E. The Contractor may use any or all portions of this plan to prepare a plan of his own. A signed plan, including Contractor specific information, shall be provided to the Contracting Officer and the COR prior to the Pre-Work Conference. If changes to this program occur, updated copies shall be provided to the Contracting Officer and the COR.

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 insure compliance using a Quality Assurance Surveillance Plan (QASP), but reserves the right to alter the plan at its own discretion. The QASP is included as Exhibit N. The Government will prepare written inspection reports each day and the Contractor will be informed of the Government’s assessment of performance. If a deficiency is noted on an inspection report it must be correct by the completion date, or a CDR will be issued. If all ordered work is not completed by the date specified on the task order, the Contractor will not be allowed to continue work, a CDR will be issued, and the Government will implement corrective measures as described in Section C-1.18 “CONTRACT DISCREPANCY REPORT).

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 the Contractor a copy of the findings. Should the Government verification reveal a non-performance by the Contractor, a CDR may be issued.

A Government employee shall not be considered an Inspector unless he identifies himself 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 Contracting Officer nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the Contract.

C-1.20 DEFICIENCIES. If the Contractor fails to perform, or if performance in any area is judged unsatisfactory, the Government will take corrective action. If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no cost to the Government. When the defect in services cannot be corrected by re-performance, or cannot be corrected in the specified time frame, the Contractor is

C-18 required to respond to a CDR (See Section C-1.16). Deficiencies for mowing operations are described in detail in Section C-2.2.

C-1.21 CONTRACTOR WORK SCHEDULE. At least one week prior to the pre-work conference, the Contractor shall provide to the COR a daily schedule for the services listed under Section C-2 and C-3, with the completion time for each work item.

The Contractor’s Representative or Quality Control Inspector shall remain at the worksite until the scheduled completion time to permit a Government Inspector to check the work. Any change in the schedule shall be submitted to the COR at least two weeks in advance of the change, unless otherwise approved by the COR. The work schedule submitted must be of sufficient detail to allow the Corps to inspect all work as it is performed. A sample Contractor work schedule is shown in Exhibit D.

C-1.22 EMERGENCY WORK. Emergency work is any work required to correct problems with project facilities, and /or property which constitutes an immediate danger or health hazard to persons or a threat to property. Emergency situations may require Contractor employees, when notified by the KO, to assist with work at other Huntington District projects. The Contractor shall have qualified personnel available on call, 24 hours per day, 7 days per week for emergency work. The name(s), address(es), and phone number(s) of the person(s) to be contacted in case of an emergency shall be submitted to the COR at least one week prior to the pre-work conference. This person(s) shall have the authority to act on behalf of the Contractor to perform the necessary emergency work without delay. Emergency work will be initiated by notice (phone call or other means) from the KO. The Contractor shall initiate work within 2 hours of notice. Contractor’s work shall begin upon arrival at the worksite; time shall end upon departure from worksite. The Contractor shall notify the COR immediately of any emergency work that cannot be corrected within a 24 hour period. When emergency situations are recognized by the Contractor or the Contractor personnel, the COR shall be contracted immediately and prior to initiating emergency work, unless the nature of the emergency requires immediate action to preserve life or prevent temporarily correct the situation, and shall advise the COR of the problem as soon as possible, but no later than 24 hours after the situation is recognized.

C-1.23 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-1.24 GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT.

a. General. A certain amount of Government owned materials and supplies will be made available for use by the Contractor. The Contractor shall be responsible for the proper storage, inventory, maintenance, and security of all Government furnished items. All Government furnished property or items are provided in an "as is" condition and shall be used only in connection with performance under

C-19 this contract, consistent with all Federal, Department of Defense, and Environmental Act Policies, standards, codes, or directives. The Contractor shall not use any Government-owned tools and equipment, except items specified in the Task Order and/or the equipment listed on Exhibit A.

The Government will provide boats, and equipment (with fuel), as listed in Exhibit J, for the performance of specific work items. The Contractor shall be required to sign a Property Control Receipt, ENG 4900 or 4866, for all Government equipment when furnished.

Prior to operating any Government equipment the Contractor shall perform the Equipment Maintenance Checks and Services (EMCS) prescribed in the Project Materials Maintenance Plan and Equipment Record Book for the specific equipment unit. Compliance with the requirements of the plan and EMCS requires completion of an Equipment Pre-Operational Checklist (CELRH 2796) and when applicable, a Vehicle Operational Record Form (CELRH 2813). A sample of each form is included in Exhibit R. The vehicle/equipment operator is responsible for completing the Vehicle Operational Record Form and performing the EMCS prescribed in the Equipment Record Book. Equipment faults, non-compliance with maintenance requirements or failure to meet safety checks must be noted on the inspection form and submitted to the COR upon completion. The equipment cannot be used until these problems have been reported to the maintenance coordinator and approved for use. Should the Government furnished equipment malfunction or fail and cause an unreasonable delay in contractor performance, the Contractor will be paid a maximum of two (2) hours downtime for the affected employees. If the necessary repairs cannot be made within this time period, the Contractor shall have no basis for other claims relative to that work. The Contractor shall be responsible for the care and security of Government owned vehicles, equipment, facilities, and property while they are in his possession.

Items which are procured by the Government for the proper and efficient operation, maintenance and repair of the project will remain the property of the Government. All items shall be maintained and stored in accordance with good maintenance and storage practices and procedures which are subject to review and inspection by the COR. All unused materials or supplies must be returned to the Government in original or acceptable condition and in a timely manner.

b. Government Furnished Facilities. No space will be provided for the Contractor's use for this contract.

Restroom facilities for contract employees are the responsibility of the Contractor. The Contractor may elect to use public restroom facilities, unless closed.

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c. Utilities. The Government will furnish available utilities to perform the specified work. At remote locations the Contractor shall supply his own utilities such as water and electric power. 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. Government will not provide a telephone for Contractor use.

d. Equipment. Any equipment provided for Contractor use, will be on an "as is" basis. Equipment presently fixed in place, shall not be moved by the Contractor without permission from the COR. When using mobile equipment, the Contractor shall remove any accumulation of mud after each day's use or by the end of the job as necessary. Occasionally, a Task Order may be issued requiring the Contractor to transport equipment between projects, using contract line items in Section C-5.

e. Forms. All Department of Defense 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.

f. Operating Manuals. Equipment operating manuals and suppliers' catalogs presently maintained by the Government, will be made available to the Contractor on an as needed basis.

g. Control. The Contractor shall provide control to ensure Government furnished equipment, property, or items are utilized only for contract purposes. The Contractor will be provided keys to allow access to certain non-secure areas, and will be held responsible for losses due to his negligence and for the replacement of compromised locks (which can occur due to loss or duplication of keys). Upon completion (including any extensions of contract term) or termination of the contract for any reason, and except for fair wear and tear, the Contractor shall return all Government furnished equipment, keys and any unused material or supplies in the same condition as received.