AMD02_W9126G21Q0056_W.TX Embankment Mowing.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 purpose of this amendment is to:

1. Update the Performance Work Statement (PWS) to ref lect the correct mow ing areas on Maps;

2. Update the Bid Schedule to reflect the correct acreage for mow ing areas;

3. Include section 52.212-2 Evaluation Factors

4. Include section 52.212-3 Offeror Representations and Certifications-Commercial Items

See Summary of Changes.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 50

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

16C. DATE SIGNED

BY

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 W9126G21Q0056

X 9B. DATED (SEE ITEM 11)

19-Aug-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO.

A0002

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

09-Sep-2021

CODE

US ARMY CORPS OF ENGINEERS FORT WORTH

819 TAYLOR ST, CT OFC RM 2A17

FORT WORTH TX 76102-0300

W9126G 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

0001 0002

9/9/2021 8/27/2021

W9126G21Q0056

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

The following have been added by full text:

1. Performance Work Statement (PWS)

2. Bid Schedule

3. Section 52.212-2, Evaluation Factors

4. Section 52.212-3, Offerors Representations and Certifications-Commercial Items

PERFORMANCE WORK STATEMENT (PWS)

WEST TEXAS EMBANKMENT MOWING SERVICES

THREE RIVERS REGIONAL LAKES

1. GENERAL: This is a non-personal services contract to provide all management, tools, equipment, materials, and labor necessary to ensure that services for flood control embankment and levee mowing and trimming are performed at Hord’s Creek, OC Fisher and Proctor Lakes located within the Three Rivers Region, Texas. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform flood control embankment and levee mowing and trimming as defined in this Performance Work Statement except for those items specified as Government furnished property and services. The Contractor shall be required to perform to the standards in this contract.

1.2 Scope: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform mowing and trimming on flood control embankments and non-slope features at Three Rivers Regional lakes, Texas. These lakes include Hord’s Creek, OC Fisher and Proctor Lakes. Services include embankment mowing and trimming around various instrumentation equipment on these earthen structures. Refer to Performance Requirements Summary (PRS) Technical Exhibit 1, “PRS#1 and PRS#2”. The Contractor shall accomplish all operations safely and according to IAW EM 385-1-1. A listing of all acreages may be found in Technical Exhibit 3, Appendix B, “Mowing Tabulations” and Appendix C, “Embankment Mowing Maps”.

1.3 Period of Performance: Base Year, plus four possible Option Years, 12 months each.

1.4 General Information

1.4.1 Award of Other Contracts: The services provided under this contract shall be independent of all services provided under other contracts, at this work site or any other work site, at which the Contractor may receive awards. The Contractor shall be responsible for meeting any and all deadlines for services specified under this contract.

1.4.2 Cooperation with Other Contractors: The Government may undertake or award other contracts for additional work not related to the contract, and the Contractor shall fully cooperate with other Contractors and Government employees. The Contractor shall not commit, direct, lead or permit any acts that will interfere with the performance of work by another Contractor, or by Government employees.

1.4.3 Task Orders: Services to be performed will be specified herein on an as-ordered basis. Orders under Contract shall be made through issuance of task orders. Each task order is an independent order.

1.4.3.1 Unit of Measure (UM): For the purpose of this contract, Flood Control Embankment mowing and the associated trimming will be bid per acre. Services at Hord’s Creek Lake will include an independent Embankment Guardrail Mowing and Trimming contract line item and will be bid by the single unit or one (1) each unit for the entire length of this feature.

1.4.3.2 Preferred Sequence: The Contractor will be furnished a preferred sequence of areas to be mowed with each Task Order. All mowing and trimming required on embankments areas or levees shall be completed and inspected by the Government Representative and approved by the Quality Assurance Representative prior to moving all equipment and beginning work in another area. As a minimum, sufficient equipment to remedy any deficiency found shall remain in un-inspected areas until mowing has been accepted by the Government.

<AMD02> 08 SEP 2021 </AMD02>

1.4.3.3 Maps: Maps for the areas in which the work will be accomplished are included in Technical Exhibit 3 Appendix C “Embankment Mowing Maps". Embankment maps indicate the approximate areas to be mowed and include an appropriate legend or note.

1.4.4 Time Limitations: The Contractor shall be allowed ten (10) working days per lake exclusive of Saturdays, Sundays, Federal Holidays and any rain days, as determined by the Contracting Officer (KO) to accomplish work items specified in task orders. Work shall not be accomplished on Saturdays, Sundays or Federal Holidays unless requested in writing and approved by the KO. Federal Holidays are listed in Section 1.4.13 of this PWS. Work shall commence on the start date specified by the task order and completed by close of business on date specified by the task order. The Contractor shall promptly submit in writing a proposed revised schedule to the KO if the Contractor cannot comply with specified start date.

Delay of the start date shall not release the Contractor from his obligation to complete all work by the date specified on the task order. The Contractor shall be required to re-accomplish work until it is performed as stated in this PWS, failure to do so may result in payment deduction.

1.4.5 Rain Days: Rain days are delays in service requiring an extension to the completion date, on mowing task orders, due to inclement weather or conditions beyond the Contractor’s control. They may only be allowed with concurrence and approval of the KO. The Contractor is responsible to notify the KO on days when weather or poor ground working conditions prohibit performance of services. The Contractor shall ascertain if the work day is considered a rain day by KO. In no instance may the Contractor operate equipment during conditions that will result in damage to turf or ground surfaces on Government property.

Any damages caused by Contractor operations shall be reconciled in accordance with Technical Exhibit 3, Appendix A, “Damage Reconciliation”.

1.4.6 Obstructed or Construction Areas: In the event of an area obstructed by storm debris, flood water or a designated construction area, the Contractor will notify the KO of any area unable to be mowed. If the area cannot be mowed, the Contractor will immediately record the acreage on a written list of acreage not completed. The list must be kept current and maintained so that if a unit is checked which has not been serviced and rejected by the Government’s Quality Assurance Representative (QAR), it can be checked against the list of non-serviced units that shall be submitted to the QAR on a daily basis. Non-serviced units will be deducted from Task Order invoice.

1.4.7 Payment: Payment for completed and accepted work will be done upon completion of task order and receipt of an accurate invoice submitted by the Contractor. Refer to Technical Exhibit 2, Item H.

1.4.8 Post Award Orientation: The Contractor agrees to attend any post award orientation convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5; “This orientation aids the Government and Contractor personnel to (1) achieve a clear and mutual understanding of all contract requirements, and (2) identify and resolve any potential problems.

However, it’s not a substitute for the Contractor’s fully understanding the work requirements at the time offers are submitted, nor is it to be used to alter the final agreement arrived at in any negotiations leading to contract award. These meetings shall be at no additional cost to the Government. Refer to Technical Exhibit 2, Item A.

1.4.9 Performance Evaluation Progress Meetings: The Contractor, Contractor’s superintendent, and Quality Control Inspector(s) shall meet with the KO and/or a QAR once a quarter or as required to discuss performance or any issues of concern. During these meetings the KO will apprise the Contractor of the Government’s evaluation results of the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. However, a meeting shall not be held later than two working days after a Contract Deficiency Report (CDR) is issued. A mutual effort will be made to resolve any and all problems identified by the team. Written minutes of these meetings shall be prepared and signed by the QAR, Contractor and their respective employees. These meetings shall be at no additional cost to the Government. Refer to Technical Exhibit 2, Item A.

1.4.10 Performance of Work Outside of Scope of this Contract: If the Contractor performs work above and beyond the scope of a task order (e.g. mows more than required/ordered under the task order) the Government shall not be liable for additional cost. Only the Contracting Officer is authorized to authorize and make legal modifications to any signed contract, including any changes to work scope or negotiated price changes.

1.4.11 Quality Control: The Contractor shall develop and maintain an effective Quality Control Program (QCP) to ensure services are performed in accordance with this PWS and all work complies with the requirements of the contract. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The QCP is to be delivered within 30 calendar days after contract award or with the Contractor’s proposal, if it is an evaluation factor. One (1) copy of a comprehensive written QCP shall be submitted for approval by the KO. Any proposed changes to an approved QCP, shall be submitted, in writing, to the KO for review and approval. Refer to Technical Exhibit 2, Item D.

1.4.11.1 Quality Control Reports: The Contractor shall be required to submit a detailed Quality Control Report, indicating the work has been accomplished and is ready for inspection as required for Government inspection and acceptance. Refer to Technical Exhibit 2, Item E.

1.4.12 Quality Assurance: The Government shall evaluate the Contractor’s quality control program under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.4.13 Government Holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.4.14 Hours of Operation: The Lake Office’s normal office hours are 08:00am to 4:30 pm but, may vary slightly between these lakes. The Contractor work hours shall be 8:00 am to 4:30 pm. The Lake Office shall be closed on Federal holidays. The Contractor shall be required to submit a work schedule for review and approval by the KO.

1.4.15 Place of Performance: The work to be performed under this contract will be performed at the three west central Texas lakes listed in Section 1, “General”, Three Rivers Region, Texas.

1.4.16 Type of Contract: The Government will award a Firm Fixed Price contract. Work request under this Contract shall be made through issuance of Task Orders (TO). The Contractor shall perform all services specified herein on an as-ordered basis.

1.4.17 Safety: The Contractor shall develop and execute an effective safety program to ensure all required services are performed safely. The Contractor shall develop and implement procedures to identify, minimize and prevent safety risks in the form of a Safety Plan. The Contractor’s Safety Plan is the means by which he assures safety of personnel in the workplace. The Safety Plan is to be delivered within 15 working days of the Contractor’s proposal and before any work is started. One (1) copy of a comprehensive written Safety Plan shall be submitted for approval by the KO. Any proposed changes to an approved plan shall be submitted, in writing, to the KO for review and approval. The Contractor shall exercise all applicable safety rules in accordance with the OSHA and all pertinent provisions of the U.S.

Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, 15 September 2014, or most current version. OSHA standards are subject to change and such changes may affect the Contractor in their performance during the contract period and shall be at no additional cost to the Government. Refer to Technical Exhibit 2, Item C.

1.4.18 Special Qualifications: The Contractor shall, without additional expense to the Government, be responsible for obtaining any and all necessary licenses, permits, and letters of certification. All current federal, state and county rules and regulations shall be met and maintained throughout the performance of the work specified under this contract. Refer to Technical Exhibit 2, Item G

1.4.19 Contracting Officer Representative (COR): The COR will be assigned and identified by separate letter upon approval by the KO. The COR monitors all technical aspects of the contract and assists in contract administration as designated by the KO. The COR is authorized to perform the following functions; assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of Government furnished property and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially regarding changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the contract or signed task order.

1.4.20 Contractor Key Personnel: The following personnel are considered key personnel by the Government; The Contractor, Contractor’s Superintendent/Manager, or Quality Control Inspectors. The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work.

The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the KO. The Contract Manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

1.4.21 Security Requirements: All Contractor and all associated Sub-contractor employees shall comply with applicable facility access and local security procedures (provided by Government Representative).

The Contractor shall also provide all information for background checks to meet facility access requirements to be accomplished by the Government organizations Director of Emergency Services or Security Office. Contract workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and /or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility change, the Government may require changes in the Contractor security matters or processes. Contractor and all associated sub-contractors employees shall comply with adjudicated standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available).

1.4.21.1 The Contractor must pre‐screen Candidates using the E‐verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements.

The Contractor must ensure that the Candidate has two valid forms of Government issued identification prior to 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. This Form and a list of eligible employees will be provided to the KO and shall become part of the official contract file. Refer to Technical Exhibit 2, Item F.

1.4.21.2 “i-WATCH”, Corps Watch, or See Something, Say Something program. The Contractor and all associated sub-contractors shall receive a brief/training 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 KO, NLT 5 calendar days after the completion of the training. The i- Watch/CORPS watch training video and literature can be found at the following web site.

http://www.swf.usace.army.mil/BusinessWithUs/Contracting.aspx.

1.4.21.3 Key Control: All Government keys provided to Contractors will be issued and controlled IAW Army Regulation 190-51. NOTE: All references to keys include key cads. No keys issued to the Contractor by the Government shall be duplicated without expressed written permission from the KO and with a complete count and inventory of all keys in the Contractor’s possession. The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the KO. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the KO. All keys shall be forfeited to the Government at the completion, expiration, or termination of this contract.

1.4.22 Identification of Contractor Employees: The Contractor shall provide each of its employees who will be involved in the performance of the contract, on a Government facility, with a uniform shirt clearly displaying the company’s name and logo screen printed on the left breast area or on the back, or a photo identification badge to all contractor employees. Employees shall wear a company shirt or have photo badges on their person as they perform duties to execute the work items under this contract. The Contracting Officer, COR or Designated Representative shall approve the uniform shirt and photo identification badges before the commencement of contract performance. It is the Contractor’s responsibility to ensure that all Contractor personnel wear the uniform shirt or photo identification at all times when performing work under this contract at a Government facility. The Contractor shall be responsible for providing an up to date list of all employees during the performance of this contract. Refer to Technical Exhibit 2, Item B. The Contractor shall allow only persons directly involved with accomplishment of the Contractor's operations at the locations serviced under this contract (i.e., no friends, guests, children, or pets).

1.4.23 Contractor’s Employee Conduct: The Contractor shall be responsible for insuring employees strictly comply with all Federal, State, and Municipal laws. Any illegal or criminal activity shall result in the removal of the employee/employees and or may result in the termination of the contract. The KO or COR may require the Contractor to immediately remove from work site any employee of the Contractor or Subcontractor, who, in the opinion of the KO or COR, endangers persons or property, or whose physical or mental conditions are such that it would impair the employee’s ability to satisfactorily perform work.

Notification to the Contractor shall be promptly made in writing if time and circumstances permit.

Otherwise, notification shall be verbal or by telephone and shall be confirmed in writing as soon as possible. No such removal, however, shall reduce the obligation to perform all work required under the contract and immediate replacement shall be made as required. This removal shall not be made the basis of any claim for compensation or damages against the United States or any of its employees, officers, or agents. Employee attire shall meet the requirements of the EM 385-1-1, “Safety and Health Requirements Manual”, latest version.

1.4.24 Contractor Travel: Any travel requirement associated with this contract is at the Contractor’s own expense and shall be at no additional cost to the Government.

1.4.25 Data Rights: Not applicable under this contract.

1.4.26 Organizational Conflict of Interest: Not applicable under this contract.

1.5. GOVERNMENT FURNISHED ITEMS AND SERVICES:

1.5.1 Facilities: The Government may allow parking of mowing equipment in designated areas during the execution of work within a period covered by an individual task order. No permanent or long-term storage will be allowed. No other facilities will be provided under this contract. Any equipment needing repairs shall be removed from Government property, other than those considered to be minor. Minor repairs may be considered equipment belts, tires, lighting or safety items, warning lights, back-up alarms, fire extinguishers, etc. No repairs of equipment leaking any oils, hydraulic fluids or any other chemicals shall be allowed, this equipment will be immediately removed. Any hazardous materials or contamination will be cleaned up in accordance with industry standards. Reporting of such incidents shall be reported per Federal, State or Local regulatory laws.

1.5.2 Equipment: The Government will provide no additional equipment under this contract.

1.5.3 Materials: The Government will provide no materials under this contract.

1.6 CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

1.6.1 General: The Contractor shall furnish all management, labor, supplies, equipment, facilities, and services required to perform work under this contract.

1.6.2 Certification Of Equipment -The equipment used in Dam Embankment and Levee mowing is required to be certified by the Manufacturer or Registered Professional Engineer to be designed for slope mowing and to operate safely on a maximum twenty-seven (27) degree angle of incline, (1 on 2.0), and specifically designed or factory modified for the mowing of slopes. This certification shall be submitted as part of Contractor’s proposal for the proposal to be considered for award. A copy of this certification shall be furnished to the COR or Lake Manager prior to use. Refer to Technical Exhibit 2, Item G.

1.6.3 Equipment: The Contractor shall provide all equipment necessary to accomplish the services required by this PWS including but, not limited to; mowers, tractors, shredders, trimmers to ensure that services for Embankment and Levee mowing, trimming to meet the requirements under this PWS. All equipment must be inspected and approved by the QAR prior to use, to ensure safety compliance IAW EM 385-1-1. The Contractor shall utilize equipment that equals or exceeds industry standards.

1.6.3.1 If the Contractor is unable to accomplish work in accordance with the PWS of this contract within the times specified, the Contractor shall immediately obtain additional equipment or manpower necessary to fulfill the requirements of this contract at no additional cost to the Government.

1.6.3.2 All vehicle maintenance will be conducted off Government property. Contractor shall insure leaking and unsafe equipment is repaired immediately and shall be responsible for containment and cleanup of leakage. Contractor shall remove and dispose of contaminated soils resulting from leaks or spills in accordance with Federal, State, County and Municipal laws, codes and regulations and restore the area to the original state.

1.6.3.3 The Contractor shall present all equipment to the COR for inspection before beginning initial services. The Contractor shall notify the COR at least two (2) days prior to bringing equipment on-site so that the time and place of the inspection may be scheduled and to prevent any start delays to the Contractor.

No equipment shall be used on the lake prior to passing inspection. The COR may inspect equipment at any time it is operated on Government property. Any equipment found deficient shall be taken out of service immediately until faulty conditions have been corrected and passed by the COR before being placed back into service.

1.6.3.4 All slope mowers, tractors or motorized riding mowers utilized in the performance of this contract shall be equipped with seat belts on the driver's seat. Contractor's personnel will be required to wear seat belts while operating tractors. One 2 ½ pound A/B/C dry chemical fire extinguisher will be required on all tractors and mowers capable of being ridden.

1.6.3.5 All service vehicles utilized under this contract shall be serviceable, have proof of required insurance and shall comply with safety standards as required by the State of Texas.

1.6.3.6 All Contractor vehicles and subcontractor vehicles shall be identified with professionally produced identification markings with company name or logo conspicuously displayed on door panels on both sides of the vehicle.

1.6.4 Materials: The Contractor shall provide all material necessary to meet the requirements under this PWS. These materials shall meet Federal guidance and FAR Clauses were applicable. Refer to Technical Exhibit 2, Item I.

1.6.4.1 Bio based Product Certification - FAR Clause 52.223-1, 52.223-4

In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:

(1) Competitively within a timeframe providing for compliance with the contract performance schedule;

(2) Meeting contract performance requirements; or

(3) At a reasonable price.

Information about this requirement is available at EPA’s Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designated items is available at http://www.epa.gov/cpg/products, items may include, but are not limited to the following products used on-site in execution of this contract.

Engine Crankcase, Gear, Re-refined Lubricating Oils and Hydraulic Fluids Ethanol based fuels, Fuel Conditioners and Diesel Fuel Additives Engine Coolants Recycled Materials, Re-tread tires and Re-manufactured Parts

As required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the offeror certifies, by signing this offer, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements.

1.6.4.2 United States Department of Agriculture designated items – FAR 52.223-2

(a) In the performance of this contract, the contractor shall make maximum use of bio based products that are United States Department of Agriculture (USDA)-designated items unless–

(1) The product cannot be acquired–

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov

(c) In the performance of this contract, the Contractor shall–

(1) Report to http://sam.gov , with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated bio based products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than–

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

1.6.4.3 References:

• FAR Clause 52.223-1 – Bio based Product Certification

• FAR Clause 52.223-2 – Affirmative Procurement of Bio based Products Under Service and Construction Contracts

• FAR Clause 52.223-4 – Recovered Material Certification

• FAR 52.223-10 – Waste Reduction Program

1.6.5 Wheel or Deck Damage. No wheel or deck damage to embankments, levees, bordering trees, concrete drainage features, piezometers or other instrumentation shall result from any mowing and trimming activities. Extreme caution and judgment shall be exercised when moving in the vicinity of Contractor personnel or other equipment. Refer to Technical Exhibit 3, Appendix A, “Damage Reconciliation”.

1.7 CONTRACTOR MANAGEMENT REPORTING (CMR): Not applicable under this contract.

1.8 APPLICABLE PUBLICATIONS (CURRENT EDITIONS): The Contractor must abide by all applicable regulations, publications, manuals, State, local and Texas Commission on Environmental Quality policies and procedures. Regarding safety and health standards, the Contractor shall follow the guidelines of OSHA and the Engineer Manual (EM) 385-1-1, entitled "Safety and Health Requirements Manual".

Attachment/Technical Exhibit List:

1.9.1 Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

1.9.2 Attachment 2/Technical Exhibit 2 – Deliverables Schedule

1.9.3 Attachment 3/Technical Exhibit 3 - Appendices

TECHNICAL EXHIBIT 1

Performance Requirements Summary The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success. The Government expects the Contractor to perform at a minimum, the identified acceptable levels throughout the life of the contract. The Contractor’s performance shall be significant consideration when exercising contract option years and evaluating recommendations for future Government contracts and or awards.

Performance Objective: Describes the work that is to take place.

Standard: Describes the desired results that are to be achieved.

Performance Threshold: The Contractor shall be rated acceptable or unacceptable based upon the scores of all inspections for a month. Deficiencies will be noted for each month for each Performance Objective item. This number is identified as the Performance Threshold.

Acceptable Performance: Acceptable Performance Threshold is 100%.

Unacceptable Performance: COR’s inspection scores fall below 100% of work specified by Task Order is incomplete.

Method of Surveillance: The Government will monitor the Contractor’s service performance using the Periodic Inspection method as detailed in “Quality Assurance Surveillance Plans (QASP).

Performance Objective Standard Performance Threshold Method of Surveillance

PRS # 1.

Embankment and Non- Embankment Mowing Contractor shall mow and string trim within designated acreage of specified area. Refer to PWS paragraph 1.2, “Scope”.

The Contractor's embankment mowing and trimming shall result in the height of the grass in designated acreage being uniformly cut no less than four (4) inches and no more than four (6) inches above the ground unless otherwise specified by the QAR. All protruding objects (e.g., instrumentation, power poles, gates, etc.)

shall be trimmed around and shall conform to the same height requirements as mowing. Unless otherwise indicated on maps, mowing and trimming will be completed from the downstream edge of the asphalt on the dam crest road, on embankments, and extending out on the adjacent flat surface to, a minimum of, 50’ (fifty) feet from the embankment toe, or as indicated on Government maps. An estimate of all acreages for each area may be found in Technical Exhibit 3, Appendix B “Mowing Tabulations”. For the purpose of the contract, this service shall be bid per acre.

Note: The trimming or of the guardrail on downstream side of the Hords Creek crest road (side A) shall be included in this PRS

(PRS #1)

Scores 100% on all inspections for the task order.

Inspection by Periodic Inspections by the COR or

QAR.

PRS # 2.

Embankment Guardrail Mowing – Hord’s Creek.

Contractor shall mow and string trim within designated area of the guardrail feature. Refer to PWS paragraph 1.2, “Scope”.

The Contractor's guardrail mowing and trimming shall result in the height of the grass along the specified guardrail being uniformly cut and trimmed around no less than four (4) inches and no more than four

(6) inches above the ground unless otherwise specified by the Lake Manager or QAR. Mowing and trimming of the guardrail shall be completed from the paved edge of the roadway and extend a minimum of three feet (3’) behind the guardrail for the entire length of this feature, approximately one mile, and shall include trimming around all supporting posts. For the purpose of the contract, this service shall be bid per one each (1Ea.).

Note: The mowing and trimming of both upstream and downstream sides of the Hords Creek crest road (sides A & B) shall be included in this PRS (PRS #2), and each side will be considered a separate item.

Scores 100% on all inspections for the task order.

Inspection by Periodic Inspections by the COR or

QAR.

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To Item A.

The Contractor shall attend any pre-work orientation with the KO or COR prior to initiation of any work.

The Contractor shall be required to attend quarterly performance evaluation meetings or, any meeting required to address any Contractor Deficiency Report (CDR) initiated by the COR or Government Representative, refer to paragraphs 1.4.8 & 1.4.9.

Contractor shall be required to attend a meeting prior to commencement of initial work and any performance meetings as needed or at any time the KO or COR determines performance does not meet the minimum standards of this contract.

Submission of one

(1) response is required to satisfy all corrective actions to prevent the reoccurrence of substandard performance results, or Contractor Deficiency Report.

The Contractor shall submit responses by hard copy, fax or electronic, email format to resolve deficiencies or provide corrective action plans. The Government may provide forms for CDR responses as determined by the KO, COR or Lake Manager.

Deliverable shall be submitted to the appropriate issuing Project, for the specific task order:

Proctor Lake Project

2180, FM 2861,

Comanche, Texas.

76442-9210

Hord’s Creek & O.C.Fisher Lake , Attn: Lake Manager 230 Friendship Park Rd, Coleman, Texas.

76834

Item B.

The Contractor shall submit a detailed list of names, addresses, and phone numbers of employees, and Sub- Contractors to the COR or KO. Any change or variation from an approved schedule or employees list must be reported and approved by the COR or QAR prior to any change taking effect. Refer to PWS paragraph 1.4.22.

Contractor shall submit schedule, employee, sub- Contractor and sub- Contractor employee list within five calendar days of award and prior to the start of any services.

One (1) copy required and subject to review and approval by Government Representative.

The Contractor shall submit required documents in hardcopy or by electronic mail.

Deliverable shall be submitted to the appropriate issuing Project, for the specific task order:

Proctor Lake Project

2180, FM 2861,

Comanche, Texas.

76442-9210

Hord’s Creek & O.C.Fisher Lake , Attn: Lake Manager 230 Friendship Park Rd, Coleman, Texas.

76834

Item C.

The Contractor shall submit a detailed Safety Plan for review and approval by the COR or KO. This plan shall describe the Contractor’s method to ensure safe operations, emergency accident prevention and response, the nearest emergency medical treatment facility for intended use. Activity

Contractor shall submit a formal safety plan along with an initial Activity Hazard Analysis, for review and approval, within 15 calendar days of contract award. Any proposed changes to an approved Safety Plan or AHA shall require review and approval by the KO

One (1) copy required and subject to review and approval by the Government Representative.

Additionally, One

(1) complete set of Material Safety Data Sheets (MSDS) for each product the Contractor will be

The Contractor shall submit required documents in hardcopy or by electronic mail.

Deliverable shall be submitted to:

James Nolen, PM Aquilla/Whitney Lake Projects 285 C.R. 3602 Clifton, Texas 76634

Deliverable Frequency # of Copies Medium/Format Submit To Hazard Analysis (AHA), Material Safety Data Sheets (MSDS) and Personal Protective Equipment needs and uses shall be included in this plan. Refer to PWS paragraph 1.4.17.

or COR before changes may be instituted. All plans and analysis shall be prepared in accordance with OSHA and the U.S.

Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, latest edition.

using shall be required.

Item D.

Contractor shall submit a detailed Quality Control Plan for review and approval by the COR or KO. This plan shall describe the Contractor’s method to ensure quality performance to meet the minimum standards required. Refer to PWS paragraph 1.4.11 & Technical Exhibit 1, “Performance Requirements Summary”.

One (1) copy required and subject to review and approval by the COR or KO within 30 calendar days of award. The Contractor shall be required to submit in writing any proposed changes to a previously approved plan for review and approval of the KO.

One (1) copy required and subject to review and approval by Government Representative.

The Contractor shall submit required documents in hardcopy or by electronic mail.

James Nolen, PM Aquilla/Whitney Lake Projects 285 C.R. 3602 Clifton, Texas 76634

Item E.

Contractor shall submit a detailed daily Quality Control Report of the Contractor’s design for review and approval by the COR or KO. This report shall have the Contract Number, Date, Time started and completed, QC’s Name, Contract Line Item, Total Quantity of acres serviced, park, Quantity of Facilities Serviced in said park, Notes, and Lines for Signatures of Team Leader and QC Inspector. Refer to PWS paragraph 1.4.11.1.

One (1) copy required and subject to review and approval by the KO or COR within 30 calendar days of award. The Contractor shall be required to submit in writing any proposed changes to a previously approved form for review and approval of the COR or KO. The report shall be submitted to the Lake Office by COB the day following the completion of each line item.

One (1) copy required and subject to review and approval by Government Representative.

The Contractor shall submit daily QC Reports by E-mail, Fax or hand delivery.

Deliverable shall be submitted to the appropriate issuing Project, for the specific task order:

Proctor Lake Project

2180, FM 2861,

Comanche, Texas.

76442-9210

Hord’s Creek & O.C.Fisher Lake , Attn: Lake Manager 230 Friendship Park Rd, Coleman, Texas.

76834

Item F.

Form I-9 Employment Eligibility Verification Receipt for each employee.

Refer to paragraph 1.4.21.1.

Submit copy of this form to the KO or COR before the first day of work by any employee.

One (1) copy per Employee.

The Contractor shall submit required documents in hardcopy or by electronic mail.

Deliverable shall be submitted to the appropriate issuing Project, for the specific task order:

Proctor Lake Project

2180, FM 2861,

Comanche, Texas.

76442-9210

Hord’s Creek & O.C.Fisher Lake , Attn: Lake Manager 230 Friendship Park Rd, Coleman, Texas.

76834

Item G.

Proof of possession or intent to obtain through purchase or rental the required slope mowing equipment. A purchase, rental agreement, vendor quote, etc. Submission shall include equipment specifications and certification documents.

Note: Equipment used in Dam Embankment and Levee mowing shall be certified by the Manufacturer or Registered Professional Engineer to be designed for slope mowing and to operate safely on a maximum twenty-seven

(27) degree angle of incline, (1 on 2.0), and specifically designed or factory modified for the mowing of slopes.

Refer to PWS paragraph 1.6.2, “Certification of Equipment”.

This certification shall be submitted as part of Contractor’s proposal and shall be considered during the Contractor selection and award process.

One copy required.

The Contractor shall submit required documents in by electronic mail as listed in the contract solicitation.

Deliverable shall be submitted to the KO or Contracting Specialist per solicitation submission instructions along with the Contractor’s proposal and subject to review and approval.

Item H.

Contractor shall submit a complete and accurate invoice upon completion of work.

Any noted deficiencies shall be resolved prior to payment being approved and completed. Refer to PWS paragraph 1.4.7, “Payments”.

One copy, subject to verification, review and acceptance by the Designated Representative upon completion of work.

Resubmission may be required as needed if corrections are required.

One copy required.

The Contractor shall submit required documents in hardcopy or by electronic mail.

Deliverable shall be submitted to the appropriate issuing Project, for the specific task order:

Proctor Lake Project

2180, FM 2861,

Comanche, Texas.

76442-9210

Hord’s Creek & O.C.Fisher Lake , Attn: Lake Manager 230 Friendship Park Rd, Coleman, Texas.

76834

Item I.

The Contractor shall execute the following certification required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(i)(2)(C)):

CERTIFICATION

I, (name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated items met the applicable contract specifications or other contractual requirements.

(Signature of the Officer or Employee) (Typed Name of the Officer or Employee) (Title) (Name of Company, Firm, or Organization) (Date)

Refer to PWS paragraph 1.6.4, “Materials”.

The Contractor, on completion of this contract, shall#

(1) Estimate the percentage of the total recovered material used in contract performance, including, if applicable, the percentage of postconsumer material content.

One copy required.

The Contractor may submit…