W9123718T0081-0001.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 is amended to include a revison to the Price Breakout Schedule, Line Items 0016, 1016, 2016, 3016, and 4016. In the Performance of Work, under C-4.2 a description of Level C Services for Janitorial have been added. All changes are highlighted in yellow .

Quotes w ill be accepted no later than 11:00 am Eastern Time on Friday, 9 November 2018.

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 47

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

16C. DATE SIGNED

BY 02-Nov-2018

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 W9123718T0081

X 9B. DATED (SEE ITEM 11)

09-Oct-2018

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 X is extended, is not extended.

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

02-Nov-2018

CODE

USACE, CONTRACTING DIVISION

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:

W9123718T0081

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 02-Nov-2018 11:00 AM to 09-Nov-2018 11:00 AM.

The following have been modified:

PERFORMANCE WORK STATEMENT

DILLON LAKE AND TOM JENKINS DAM

MAINTENANCE 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

C-1.32 PREWORK CONFERENCE

C-1.33 REPORTS

C-1.34 APPLICABLE PUBLICATIONS

C-1.35 HOURLY RATES – PRICE PROPOSAL

C-1.36 DEFINITIONS

SECTION C-2

MOWING SERVICES

C-2.1 SCOPE OF WORK

C-2.2 GENERAL

C-2.3 WORK TO BE PERFORMED

C-2.4 MOWING CYCLE

C-2.5 PRUNING

C-2.6 VEGETATION ENHANCEMENT

C-2.7 TREE AND BRUSH CUTTING

C-2.8 SHREDDING LEAVES

C-2.9 CHIPPING

C-2.10 SERVICE EQUIPMENT

C-2.11 SERVICE AREAS

C-2.12 SPECIAL PROVISIONS

SECTION C-3

CLEANING SERVICES - RECREATION AREAS

C-3.1 SCOPE OF WORK

C-3.2 WORK TO BE PERFORMED

C-3.3 SCHEDULE OF WORK

C-3.4 LOCATION OF WORK

C-3.5 SERVICE MATERIALS AND EQUIPMENT

C-3.6 SPECIAL PROVISIONS

SECTION C-4

JANITORIAL AND POLICING SERVICES

C-4.1 SCOPE OF WORK

C-4.2 WORK TO BE PERFORMED, LOCATION & SCHEDULE OF SERVICES –

OFFICE/VISITOR CENTER, MAINTENANCE OFFICE & BREAKROOM

C-4.3 WORK TO BE PERFORMED, LOCATION & SCHEDULE OF SERVICES – CARPET

CLEANING

C-4.4 WORK TO BE PERFORMED, LOCATION & SCHEDULE OF SERVICES - DAM

C-4.5 SERVICE MATERIALS AND EQUIPMENT

C-4.6 SPECIAL PROVISIONS

SECTION C-5

FACILITY REPAIR, MAINTENANCE, AND OTHER NON-ROUTINE WORK

C-5.1 GENERAL

C-5.2 NON-ROUTINE WORK

C-5.3 WORK TO BE PERFORMED

C-5.4 EQUIPMENT LIST

DESCRIPTION/SPECIFICATIONS

SECTION C-1

GENERAL

C-1.1. PROJECT INFORMATION

Dillon Lake The project is located on the Licking River, a tributary of the Muskingum River, in Muskingum County near Zanesville, Ohio. The project purposes served are flood control, recreation, water quality control, and fish and wildlife enhancement.

Tom Jenkins Dam.The project is located on the branch of Sunday Creek in the Hocking River Valley in Athens County near the city of Glouster. The project purposes served are flood control, recreation, water quality control and fish and wildlife enhancement.

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 Dillon Lake and Tom Jenkins Dam 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 an important 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 Ohio 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 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. 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, 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. Changes can only be made to a task order by issurance of a Modification by the Contracting Officer.

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 by the Government, unless otherwise specified in the Request for Quote, the Contractor shall return the completed quote within 48 hours of receipt of the request. If the Contractor's proposal is acceptable, the KO will issue a Task Order.

If the Contractor's proposal is considered unacceptable, 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 Dillon 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. Eastern 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.

Award of a contract does not guarantee that the Government will order all the types of services listed under the contract from the Contractor. The Government reserves the right at any time during the duration of this contract to perform any portion of the services listed, to have the services performed in any other way it deems necessary, to increase or decrease service frequencies and/or quantities in any or all areas or services in the closed areas. In the event of a flood, unanticipated low or high visitation, any other occurrence that changes the need for services under this contract, or failure of the Contractor to perform scheduled work, the Government will issue a modification of the Task Order to stop work or to change the Work Schedule Calendars. The price will be proportionally reduced for services not performed or increased for added services.

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) 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 the following information to the COR one week prior to the pre-work conference for this contract:

a. Quality Control Plan. A suggested outline for the Contractor’s Quality Control Plan is in Exhibit G.

b. Contractor Quality Control Inspector. List of Quality Control Inspectors.

c. Contractor Representatives. List of names of Contractor Representatives.

d. Accident Prevention Plan (APP). The Basic Outline for the Contractor’s Accident Prevention Plan is in Exhibit D. See Section C-1.9.b for APP requirements.

e. Emergency Contacts. A prioritized list, including phone numbers, of those persons (normally Contractor Representatives) to call in case of emergencies.

f. Operators. A list of names of qualified equipment/vehicle operators, including experience, training and qualification to operate specific equipment.

g. Certificate of Insurance. See Special Contract Requirements

h. Security Requirements. See Paragraph C-1.10.

C-1.7 PERMITS AND LICENSES. The Contractor shall, at the Contractor’s 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.

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 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. Eastern 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_385-1-1.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 (only authorized online outreach training providers qualify – https://www.osha.gov/dte/edcenters/map.html) 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

Topping trees Removing/anchoring fallen trees Remove beaver dams Bridge decking Fire Fighting

(2) For limited service contracts, such as 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.

(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.

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, 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;

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 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

AT/OPSEC Requirements. The following shall be accomplished by the contractor before any work will be ordered:

1. AT Level I Training. 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/; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

2. 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 or background investigation and 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 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.

2a. For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05 and Homeland Security Presidential Directive-12 (HSPD-12). Proposed language: “The contractor and all sub-contractors employees will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an interim CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

3. AT Awareness Training for Contractor Personnel Traveling Overseas. All US based contractor employees and associated sub-contractor employees traveling overseas will receive the government provided AOR specific AT awareness training. The documentation of training completion must be provided to the COR prior to departure.

4. Contractor Employees Who Require Access to Government Information Systems. All contractor employees with access to a government info system must be registered in the Army Training Certification Tracking System (ATCTS) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the information systems and then annually thereafter in accordance with personnel security standards listed in AR 25-2 (Information Assurance), an appropriate background investigation will be conducted prior to accessing the government information systems.

5. Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something). The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

6. For Contracts that Require an OPSEC Standing Operating Procedure/Plan. The Contractor shall develop an OPSEC SOP/Plan within 90 days of contract award. The OPSEC SOP/Plan must be reviewed and approved by the RA OPSEC Officer. The SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator.

7. For Contracts that Require OPSEC Training. All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites:

https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

8. For Information assurance (IA)/information technology (IT) training. All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment.

9. For information assurance (IA)/information technology (IT) certification. All contractor employees supporting IA/IT functions shall be appropriately certified upon contract IAW DoD 8570.01-M, DFARS 252.239- 7001 and AR 25-2. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award.

10. For Contractors Authorized to Accompany the Force. All contractor employees shall ensure the following AT/OPSEC requirements are met prior to deploying personnel authorized to accompany U.S. Armed Forces outside the United States; to include compliance with laws, regulations, pre-deployment requirements, and required training in accordance with combatant command guidance.

11. For Contracts Requiring Performance or Delivery in a Foreign Country. All non-local contracting personnel will comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractor's compliance with combatant commander and subordinate task force commander policies and directives.

12. Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

13. For Contracts That Require Handling or Access to Classified Information. This clause involves access to classified information, i.e. “Confidential,” “Secret,” or “Top Secret”. Contractor shall comply with AR 380-67 (Personnel Security Program) and Homeland Security Presidential Directive 12 (Policy for a Common Identification Standard for Federal Employees and Contractors) as well as FAR 52.204-2, Security Requirements. Additionally, Contractors must comply with - (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M); any revisions to DOD 5220.22-M, notice of which has been furnished to the contractor. For classified contracts, the DD Form 254 will be attached with the contract.

14. (FOR CLASSIFIED CONTRACTS ONLY) Contractor Company to obtain a Facility Clearance and individual clearances at the appropriate level. The Prime Contractor Company must have a Facility Clearance (FCL) at the appropriate level (IAW the NISPOM DOD 5220.22-M and AR 380-49) prior to the start of the contract awarded period of performance. Contractor personnel performing work under this contract must have the required security clearance, per AR 380-67, at the appropriate level at the start of the period of performance. Security Clearances and FCL requirements are required to be maintained for the life of the contract IAW the DD Form 254 attached to the contract. If no FCL, the supporting Government Contracting Activity will sponsor the prime contract company in obtaining the FCL.

15. 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.

16. For contract requiring armed security guards. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area. The Physical Security Officer must or will review the PWS/SOW with the Contracting Officer (KO) for accuracy and completeness of AR 190-11 requirements. Proposed language: "All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility policies and procedures on storing weapons and ammunition IAW AR 190-11 (provided by government representative).

17. Threat Awareness Reporting Program. All new contractor employees will complete annual Threat Awareness and Reporting Program (TARP) Training provided by a Counterintelligence Agent, IAW AR 381-12. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee(s) or a memorandum for the record, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. Authorized webbased TARP training for CAC card holders is available at the following website: https://www.us.army.mil/suite/page/655474.

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 2 work days (less weekends and holidays) of occurrence.

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 shall be performed in the presence of the general public, the conduct of all employees is critical and will be closely monitored. Use of controlled substances or consumption of beer or alcoholic beverages by contract employees is strictly prohibited.

The Contractor expressly agrees to dismiss any employee or subcontractor employee from work at the projects covered by this contract 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 Contracting Officer or the COR may require the Contractor to immediately remove from the worksite any employee of the Contractor who is incompetent or who endangers persons or property or whose physical or mental condition is such that it would impair the employee’s ability to satisfactorily perform the work.

Notification to the Contractor shall be made in person or by telephone promptly and shall be confirmed in writing as soon as possible. No such removal will reduce the Contractor’s obligation to perform all work required under this contract and immediate employee replacement shall be made as required.

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 shall personally supervise the work or have a Contractor Representative at the project during all times work is in progress during normal working hours (7:00 a.m. to 4:00 p.m. Eastern). For work performed outside normal working hours, at a minimum, a Contractor appointed Quality Control Inspector must be present at the work site or station.

The Contractor Representative(s), shall conduct overall management coordination and be the central point of contact with the Government for performance of all work under the contract. The Contractor Representative(s) 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 a Contractor Representative(s), the Contractor shall also appoint Quality Control Inspectors (QCI) who shall perform the Contractor’s Quality Control Program. QCI’s shall be responsible for implementing the Contractor’s Accident Prevention Plan and shall have the authority to determine for the Contractor when work is ready for Government inspection and make decisions for the Contractor on re-performance, when necessary. A Contractor Representative or QCI is required for each work crew.

The COR and Government inspectors will deal directly with the QCIs or Contractor Representative, for normal day-to-day administration of the contract provisions. The names 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 provide employees with copies of contract work requirements, specifications, Job Hazard Analysis, etc., which relate to that person’s work responsibilities as may be necessary to ensure 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 on a non-notice basis. Access for inspection shall be granted upon request.

Citations against Government facilities operated by the Contractor for noncompliance 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 COR will deduct the fine from any monies due the Contractor.

The Contractor shall conduct all operations and maintenance activities in a manner to prevent contamination of Government land and property. The Contractor shall ensure all lubricants, petroleum products, paints, cleaning materials, or any other hazardous substances are not spilled, leaked or disposed of on Government property and are disposed of in accordance with environmental regulations. If spills or contamination occur, the Contractor shall be responsible for all costs associated with cleanup. Cleanup shall be performed in accordance with Federal, State, Local Law and to the satisfaction of the COR. 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 N). As initially issued to the Contractor, the CDR describes the discrepancy or problem. The CDR will be discussed with the Contractor or Contractor Representative when it is issued. The Contractor shall provide a written (legible) response on the CDR form with 24 hours of issuance. The Contractor’s response must:

a. Identify the cause and corrective action taken, and

b. Identify Contractor action to prevent recurrence.

The COR will evaluate the Contractor’s response and take appropriate action which may include making necessary deductions. Upon finalization of the CDR, the Contractor and the COR must sign the form and the Contractor will be given a copy of the completed form.