B.08 Amend 01 Solicitation W9126G22Q0045 Stillhouse mowing services.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 update Performance Work Statement and attachment 4. All other items remain unchanged in the Original Solicitation.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 28

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 W9126G22Q0045

X 9B. DATED (SEE ITEM 11)

15-Jul-2022

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 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.

P0001

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

19-Jul-2022

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:

W9126G22Q0045

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

PWS AMEND 01

\W9126G22Q0045 AMD #1 PERFORMANCE WORK STATEMENT (PWS)

Areas and Facility Mowing (Park and Office) for

Stillhouse Hollow Lake

1. GENERAL: This is a non-personal services contract to provide mowing services for Stillhouse Hollow Lake Parks and Office mowing. 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 mowing services at multiple parks and office area at Stillhouse Hollow Lake as defined in this Performance Work Statement (PWS), except for those items specified as Government-furnished property and services. The Contractor shall perform to the standards in this contract.

1.1.1 Definitions:

a) Contractor: Company structure, including all partners, officers and employees with interest in this contract.

b) Government: Government of the United States of America.

c) Contracting Officer (KO): Person executing this contract on behalf of the Government.

d) Contracting Officer’s Representative (COR): Person designated by letter of designation from KO. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assures that the Contractor performs the technical requirements of the contract, performs inspections necessary in connection with contract performance, maintains written and oral communications with the Contractor concerning technical aspects of the contract, issues written interpretations of technical requirements; including Government drawings, designs, specifications, monitors Contractor’s performance and notifies both the KO and Contractor of any deficiencies, coordinates availability of Government furnished property, and provides 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 with regard to 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.

e) Safety Manual: EM 385-1-1, Corps of Engineers Safety and Health Requirements Manual, current edition.

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

g) Quality Control: Action taken by the Contractor and/or their personnel to document, inspect and control performance of services to ensure specifications and requirements of this PWS are met.

h) Quality Assurance: Action taken by the Government to ensure the Contractor's quality control system is functioning and effective and that the Contractor is providing services which are in accordance with this PWS.

i) Quality Assurance Representative (QAR): Person designated by the Contracting Officer Representative to perform Quality Assurance Inspections, review invoices, and perform strict contract oversight. The QAR does not have authority to change any terms of the contract.

j) Quality Assurance Surveillance Plan (QASP): Plan developed by the Government depicting means Quality Assurance will be controlled.

k) Contract Discrepancy Report (CDR): Written record of unsatisfactory performance by the Contractor as observed by the QAR, issued to the Contractor when the performance threshold does not meet the minimum requirements.

l) Georeference: The internal coordinate system of a digital map or aerial photo which can be related to a ground system of geographic coordinates.

1.1.2 Basic Requirements: The following requirements for submitting a quote and receiving an award are now mandatory for conducting business with the DOD Government.

1.1.2.1 All offerors are required to obtain a Data Universal Numbering System (DUNS) number by visiting www.dnb.com.

1.1.2.2 All prospective contractors must be registered in System for Award Management (SAM) database prior to any award resulting from this solicitation. If at time of award, contractor is not registered, award will be made to the next successful “registered” offer. Registration may be accomplished via the internet at www.sam.gov.

1.1.2.3 All payments shall be made by Electronic Funds Transfer (EFT) or “direct deposit”.

1.1.2.4 E-Verify Verification of Eligibility: The Contractor must use the U.S. Department of Homeland Security E-Verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Contractor must provide to the Government two valid forms of Government-issued identification prior to beginning work to ensure the correct information is entered into the E-Verify system.

1.1.2.5 Permits: The Contractor will, without additional expense to the Government, be responsible for obtaining any necessary licenses, permits and letters of certification. The Contractor will comply with any applicable Federal, State, County and Municipal laws, codes, and regulations in connection with the performance of the work specified under this contract.

1.1.2.6 Veterans Employment Emphasis: In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS

222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

U.S. Department of Labor Veterans employment, www.vets.gov/ Federal veteran employment information, www.fedshirevets.gov/index.aspx Veterans’ Employment and Training Service (VETS) , http://www.dol.gov/vets/ Veterans Opportunity to Work (VOW) Program, http://benefits.va.gov/vow/ U.S. Army Warrior Transition Command Employment Index, wtc.army.mil/modules/employers/index.html Hiring Our Heroes initiative www.uschamberfoundation.org/hiring-our-heroes Guide to Hiring Veterans, www.whitehouse.gov/sites/default/files/docs/white_house_business_council_-guide_to_hiring_veterans_0.pdf

1.2 SCOPE: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials (except those specified to be provided by the Government), supervision and other items and non-personal services necessary to provide Area and Facility mowing services at Stillhouse Hollow Lake as specified in this PWS and depicted in maps with frequency detail (see Attachment 4- Maps) supportive documentation for the bid Schedule (see Attachment 3). The scope of work is generally considered agricultural in nature and work site conditions in terms of grass height, are highly variable due to sun, rain, wind and all other acts of nature.

1.2.1 Period of Performance: This contract is for a base year and four (4) option years and one (1) six month Option. The base contract awarded as a result of this solicitation shall remain in full force and effect from October 1, 2022 or date of the award (whichever is later) through September 30, 2023. Option years, if exercised, shall be for 12 months each, ending with final option period up to six months, if exercised. It is anticipated that parks will be open during the period of performance for this contract; however, parks may be closed at any time for construction, floods, budget reductions, etc. and that part or all of required services may be cancelled. No such action shall be cause for a claim against the Government under this contract.

1.2.2 Site Visit: In order to ensure all potential bidders have a thorough understanding of this PWS and to allow potential bidders the opportunity to ask questions regarding requirements, the Government encourages each prospective bidder to attend the formal site visit that is indicated on the Contracting Officers Request for Quote. At the discretion of the Government, the site visit may be scheduled as a virtual meeting.

1.2.3 Pre-work Conference: The Pre-work Conference will be conducted by COR within fourteen (14) calendar days of contract award. At a minimum, the Contractor shall be represented by the officer of the company that signed the contract and the on-site supervisor. The Pre-work Conference will be held at Stillhouse Hollow Lake or may be performed telephonically at the agreement of all parties. The Government will discuss the provisions of this PWS and the Contractor's required deliverables in Attachment 2.

1.2.4 Maps: Maps are provided in Attachment 4 and indicate the approximate areas where services shall be performed. Due to the large scale of service areas, actual boundaries on-site may not be discernible from the maps and delineation on-site by the Government will govern.

1.2.5 Area Sizes and Tabulation of Facilities: Maps, provided in Attachment 4. Specific on-site service limits can be further clarified during on-site visits at each lake. Maps and tabulations depict current conditions only and do not reflect any future work such as re-design upgrades, new construction, demolition or moving facilities within areas which may occur within required service areas during performance of contract. The Government reserves the right to perform any future work at its discretion and to modify any and all Schedules within contract for any resulting impact upon the Contractor and Contractor’s required services.

1.2.6 Vehicles: All vehicles utilized by Contractor and any subcontractors under this contract shall be presentable, serviceable and shall comply with insurance and safety standards as required by the State of Texas. Vehicles shall be identified with company name or logo conspicuously displayed on door panels.

Professionally prepared hand-lettering, magnetic signs or pressure sensitive decals shall be used. The attention of the Contractor, Contractor’s and subcontractor’s, if applicable, employees shall be directed to the need for extreme caution and care while driving and operating equipment in these locations. If necessary, vehicles may be left overnight on Government lands during the period of time that services are being provided, at location(s) designated by Contracting Officer Representative. The Government assumes no liability for loss or damage to any vehicles being left overnight. Vehicles shall not be left on Government lands during any other times and will be assessed a fee of $100.00 per day for vehicles left on park lands after performance period ends. Assessed fee shall be deducted from current and/or future payable invoices as required.

1.2.7 Equipment: The Contractor shall utilize equipment necessary to meet required performance standards and requirements as specified in this PWS. The Government may review and approved number and type of equipment before commencement of work. If the Contractor is unable to accomplish work in accordance with the requirements of this PWS within the times specified, the Contractor shall immediately obtain additional equipment and employees necessary to fulfill the requirements of this contract at no additional cost to the Government. If necessary, equipment and materials may be left overnight on Government Property during the period of time that services are being provided, at location(s) designated by Contracting Officer Representative. The Government assumes no liability for loss or damage to any equipment and materials being left overnight. Equipment and materials shall not be left on Government Property during any other times and will be assessed a fee of $100.00 per day for vehicles left on park lands after performance period ends. Assessed fee shall be deducted from current and/or future payable invoices as required.

1.2.8 Condition of Vehicles and Equipment: All vehicles and equipment used to perform work under this contract must be in good operating and mechanical condition and comply with Safety Manual. A regular schedule of preventive maintenance must be followed on all equipment. All maintenance shall be conducted off Government property. The Contractor shall ensure leaking and unsafe equipment is repaired immediately and shall be responsible for containment and cleanup of leaks. The Contractor shall remove and dispose of, and restore to original condition all contaminated soils resulting from leaks or spills in accordance with Federal, State, County and Municipal laws, codes and regulations.

1.2.9 The Contractor shall designate in writing to the COR the names and contact information for the officer of the company responsible for contract performance, on-site supervisor(s) and on-site Quality Control Inspector(s) for mowing service, The Contractor shall provide these designations to the COR at the Pre-work Conference.

1.2.10 Work to be Performed: The Period of Performance for each scheduled mowing is for eight (8) days from the indicated date below. Each Mowing includes Area and Facility Mowings. The COR will provide the Contractor with a preferred mowing sequence for Area and Facility mowings.

Area and Facility Mowing 20 September

20 October 22 March

5 April 26 April 17 May 7 June

28 June

19 July 16 August

1.2.11 Rain Days: In the event of inclement weather or poor on-site conditions, the Contractor shall notify the COR and request a Rain Day for lost day of work. The COR will evaluate on-site weather or site conditions with QAR and make a determination as to whether Rain Day request will be approved.

Completion dates will be extended the corresponding number of Rain Days approved by the COR.

Contractor shall be responsible for repairs due to avoidable site damage caused by equipment and vehicle usage on wet terrain. Repairs shall be consistent with the type, manner, and condition of damages incurred.

1.2.12 Reports:

1.2.12.1 Contractor Daily Report: The Contractor shall develop a Daily Activity Report which describes the service completed for each day work is performed. The proposed Daily Activity Report shall be submitted to COR at pre-work conference for review and approval. A report format shall be submitted for COR approval prior to work commencement. A sample Daily Activity Report is provided at Attachment 5. The Daily Activity Report shall be submitted to the QAR no later than the following day services were performed, excluding weekends and Federal Holidays. The Daily Activity Report shall provide sufficient information to summarize Contractor’s service activities for the day and shall include the following information at a minimum: date, time work began, time work end, work location(s), services performed , name of employees working, notes/comments and include capabilities to record information as directed within the contract. If photos are included in a Daily Activity Report, the photos shall document time/date stamp and Georeference and if possible the documentation should be on the bottom right corner of each photo (See georeference definition in Paragraph 1.1.1.l).

1.2.12.2 Accident Reporting: The Contractor shall maintain an accurate record of, and shall report to the QAR in the manner and time limitations and on the forms prescribed by the Contracting Officer, all accidents resulting in death, traumatic injury, occupational disease, and damage to property, materials, supplies, and equipment incidental to work performed under this contract. Medical expenses for Contractor personnel are the responsibility of the Contractor.

1.2.13 Insurance: The Contractor shall furnish the original Insurance Certificates, as specified below, to the COR within fourteen (14) calendar days of Pre-work Conference, excluding Federal Holidays, or sooner as required by Solicitation. The Contractor shall maintain, during the entire period of performance under this PWS, the following minimum insurance requirements below.

1.2.13.1 Workermen’s Compensation and Employer’s Liability Insurance: Workmen's Compensation and Employer's Liability Insurance in the minimum amount of $100,000, or in compliance with applicable State statutes, is required in the performance of this PWS.

1.2.13.2 Automobile Liability: Minimum State liability insurance is required for the operation of all automobiles utilized in the performance of this PWS.

1.2.13.3 Endorsement: An endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the KO.

1.2.14 Payments: All payments shall be made based upon line item pricing for the contract base and any option years, as submitted by the Contractor and accepted at contract award. Payments will not be made until service requirements are fully met. Payment will be made upon receipt and acceptance of proper invoice in accordance with 5 CFR 1315.5. Payment will be made monthly by Electronic Funds Transfer (EFT) in accordance with FAR 52.212.4. The Contractor shall submit invoices to the COR for services accepted by the Government on a monthly basis via e-mail or mail service as specified in TABLE 1:

Invoice Mailing and TABLE 2: Invoice Due Dates. If equipment or vehicles were left on park lands after performance period ended during an invoice period, assessed fees of $100.00 shall be deducted from current and/or future payable invoices as required.

TABLE 1: Invoice Mailing

Lake COR E-mail Address Mailing Address

Stillhouse Hollow Lake

Heath McLane Heath.r.mclane@usace.army.mil

US Army Corps of Engineers Stillhouse Hollow Lake Office

3740 FM 1670

Belton, TX 76513

TABLE 2: Invoice Due Dates

Service Invoice Date

Park and Office Mowing (Area and Facility Mowings_

--Monthly Basis-- No Later Than 16th Day of the Following Month After Accepted Services Provided

1.2.15 Mowing Service Requirements: Mowing services shall be performed in accordance to PWS, and attachments.

AMD 1 1.2.15.1 Performance Standard: All vegetation within designated areas of an “Area Mowing” shall be uniformly cut to three (3) inches above the ground, and for a “Faciltiy Facility Mowing” shall be uniformly cut to two (2) inches above the ground, and for a “Project Office Mowing” shall be uniformly cut to two (2) inches above the ground; leaving no damage to the turf, structures, trees, bushes, facilities, persons and private property in either an “Area Mowing” or a “Facility Mowing”.

Trimming adjacent to fencing, including but not limited to pipe rail, split rail, and chain link shall extend a minimum of 18” beyond both sides of fence. All debris generated from mowing services displaced onto hard structures such as roadways, parking lots, sidewalks, slabs, impact zones, etc shall be removed. All trash that is shredded during the mowing process shall be picked up and disposed of.

1.2.15.2 Frequency of Services: The required frequency detail of mowing services is provided with Maps in Attachment 4. It may become necessary for the Government to decrease, modify or delete subsequent services during the duration of this contract. Any unused cuttings may be used/moved to subsequent periods during the same base/option year.

1.2.15.3 Equipment Operation: All equipment must be operated in such a manner as to not cause damage to facilities, persons or property. String trimmers may not utilize steel or other type of cord that will cause damage to trees, shrubs, wooden fence posts, wooden traffic barricade posts, building siding, etc.

1.2.15.4 All mowing equipment shall be free of dirt, vegetation, vegetation clippings, insects and other debris upon arrival to each Lake to prevent inadvertent spreading of invasive and undesirable species.

Compliance may be verified by Quality Assurance Representative during Equipment Safety Inspections. Non-compliant equipment shall be immediately removed from Government Property at no expense to the Government. After initial inspection, any additional mowing equipment brought to Lake shall be inspected by the Government upon arrival.

1.2.15.5 Equipment Safety Inspections: Prior to work commencement, all equipment may be inspected by the Government to ensure compliance with Section 18 of Safety Manual and Paragraph 1.2.6.. The Contractor shall present all equipment to the Government for inspection whenever equipment is brought to the Lake. The Contractor shall notify the COR at least two (2) days prior to bringing equipment on-site so that the time and place of these inspections may be scheduled. The Government 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 Government. No such removal will reduce the Contractor's obligation to perform all work required within the time scheduled under this contract. This requirement shall not be made the basis of any claim for compensation or damages against the United States or any of its officers or agents.

1.2.15.6 Safety Meetings: The Contractor shall hold a safety meeting with all employees prior to each mowing operation and shall notify the Government of locations and time of each meeting. Any Contractor employee that works in an unsafe manner shall be removed from the job at the request of the Government. A copy of safety meeting reports shall be submitted to the Government prior to performing mowing services.

1.2.15.7 During spring season mowing’s, clusters of wildflowers shall remain un-mowed in those areas designated on-site by the Government.

1.2.15.8 Prior to commencement of mowing operations, the Contractor shall survey the area and submit a Pre-mowing Report of all conditions, damage or vandalism to Government property. The Pre-mowing Report shall provide sufficient information to summarize Contractor’s pre-work inspection of site/s to be serviced for scheduled work and constitutes acceptance of work site for the duration of each scheduled service/s. If photos are included in a Pre-mowing Report, the photos shall document time/date stamp and Georeference and if possible the documentation should be on the bottom right corner of each photo (See georeference definition in Paragraph 1.1.1.l).

1.2.15.9 Lake, river and creek elevations will fluctuate dependent upon precipitation amounts and operations related to flood risk management and water supply missions. Depending upon severity of flood event, USACE may require an alternate mowing schedule. In a severe event, the contract may require modification by the Contracting Officer. The work performed in this contract is considered agricultural and site conditions are highly susceptible to rain, sun, wind, and other natural occurrences that greatly affect the rate and manner of growth of grasses found at project locations.

1.2.15.10: Vegetation Height: In both Area and Facility areas, vegetation growth is highly variable dependent upon weather conditions. Some areas may have not been mowed previously or have excessive growth. The Government makes no assurances as to height or thickness of on-site vegetation condition prior to mowing service.

1.2.15.11 Inspections: All mowing services shall be completed and inspected by the Contractor's Quality Control Inspector prior to contacting the Government Quality Assurance Inspector (QAI) for inspection. The Contractor shall notify the QAI immediately upon completion of mowing services so that the QAI may schedule inspection within one (1) working day of the notification. The Contractor shall be responsible for re-performance of any and all deficiencies discovered during the quality assurance inspection within twenty four (24) hours of report of said deficiencies at no additional cost to the Government.

1.2.16 GENERAL INFORMATION:

1.2.16.1 Quality Control: The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent and ensure non-recurrence of defective services. The Contractor’s Quality Control Program (CQCP) is the means by which the Contractor ensures Contractor’s work complies with the requirements of the contract. The CQCP shall be submitted to the Government for approval at least fifteen (15) days prior to work and must be approved before the Contractor provides any services under this contract. After acceptance of the Quality Control Plan, proposed changes to the approved plan by the Contractor must be submitted to the COR for approval and if approved, the Contractor will receive the Contracting Officer’s acceptance in writing.

1.2.16.1.1 Content of the CQCP: After acceptance of the CQCP, notify the Contracting Officer:

a) A description of the quality control organization, including a chart showing lines of authority.

b) The name, qualifications (in resume format), duties, responsibilities, and authorities of each person assigned a CQC function.

c) Requirement for CQC personnel to be on site when work is ongoing.

Procedures for tracking deficiencies from identification through acceptable corrective action. Establish verification procedures that identified deficiencies have been corrected.

d) Reporting procedures, including proposed reporting formats.

e) A list of the definable features of work. A definable feature of work is a task which is separate and distinct from other tasks, has separate control requirements, and may be identified by different trades or disciplines, or it may be work by the same trade in a different environment.

1.2.16.2 Quality Assurance: The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused upon the means utilized by the Government to ensure that the Contractor has performed in accordance with the performance standards.

1..2.16.2.1 Inspection and Contract Performance: The service performed by the Contractor under the provisions of this contract shall be subject to inspections by the Contracting Officer, the Contracting Officer Representative, or Government Quality Assurance Representative (QAR) to insure strict compliance with the terms of the contract.

1..2.16.2.2 Notification of Deficiencies: The Contractor shall be notified verbally and/or in writing of any serious or recurring minor deficiency in service observed by the Contracting Officer or authorized representative. Verbal notification will be recorded in a memorandum for record.

1..2.16.2.3 Documentation of Deficiencies: Written notifications and memoranda for the record shall be prepared by the Contracting Officer’s Representative or Contracting Officer.

1..2.16.2.4 Correction of Contract Deficiencies: Upon receipt of notification of deficiency in service, Contractors will immediately correct deficiencies and/or take steps to prevent recurrence of the deficiency.

1..2.16.2.5 Deficiencies of Service: In the event a Contract Discrepancy Report (CDR) (ATTACHMENT 6) is issued, a meeting shall be scheduled within two (2) weekdays, excluding Government holidays, after the CDR was issued. Mutual effort will be made to resolve any and all problems identified. Written minutes of these meetings shall be prepared and signed by the Contracting Officer Representative, Contractor and their respective employees. This contract may be terminated by the Contracting Officer upon receipt of any CDRs. Termination will be based upon the seriousness of the deficiency.

1..2.16.2.6 Evaluation of Performance: All Contractors will have their performance evaluated no less than mid-term and at the conclusion of their contract.

1.2.17 Minumum Manpower Requirements: The Contractor shall provide an adequate number of fully qualified personnel to perform services, properly and efficiently within the time limits specified. An on-site supervisor and a quality control representative shall be on-site while work is performed. One individual may serve in both capacities.

1.2.18 Employee Conduct: The Contractor shall be responsible for ensuring employees strictly comply with all Federal, State, and Municipal laws. Any illegal or criminal activity will result in the removal of Contractor’s or sub-contractor’s employee/employees and/or termination of the contract. The Contractor employee/employees shall not use any keys to access any areas outside of the designated areas for service.

1.2.19 Removal of Contractor’s Employees: The Contracting Officer, COR or any Government Personnel may require the Contractor to immediately remove from the work site any employee of the Contractor or sub-contractor, who endangers persons or property, or whose physical or mental condition is 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 telephonic, and shall be confirmed in writing as soon as possible. No such removal, however, will reduce the Contractor's obligation to perform all work required under this contract, and immediate replacement will be made as required. This requirement shall not be made the basis of any claim for compensation or damages against the United States or any of its officers or agents.

1.2.20 Safety: The Contractor shall perform all services in full compliance with the safety requirements set forth in latest edition of EM 385-1-1, Safety and Health Requirements Manual (Safety Manual) found at https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf.

Including, but not limited to, traffic control on public roads, development of an Abbreviated Accident Prevention Plan (AAPP) which shall be submitted to the COR for review and approval within fourteen (14) calendar days after Pre-work Conference, Activity Hazard Analysis (AHA) shall be included with the AAPP for each definable feature of work. An observed violation of safety requirements shall be grounds for the Government to stop work. Work shall not continue until the violation is corrected. The Contractor shall provide a safety plan 10 days prior to work commencement.

1.2.21 Title 36 Rules and Regulations: The work to be performed under this contract shall be within the boundaries of land administered by the U.S. Army Corps of Engineers. The Contractor and contract employees are subject to all Title 36 Rules and Regulations while completing work under this contract. No special provisions or entitlements shall be granted to the Contractor or contract employees. The Contractor and Contractor’s employees shall comply with all state and local traffic laws.

1.2.22 Damage to Government or Private Property: The Contractor shall be responsible for restoring any Government facilities or structures damaged as a result of the Contractor's operations. The Contractor shall also be responsible for restoring any damage to private property and injury to any person as a result of the Contractor's operations. The Contractor will notify the Contracting Officer Representative immediately of damage to Government and private property and injury to any person resulting from the Contractor's operations. Also, the Contractor shall advise the Contracting Officer Representative of damage to Government facilities due to vandalism or other causes on the day the Contractor first notices such damage.

Ground rutting caused by Contractor activity shall be repaired to Government specifications (including, but not limited to: ground leveling and reseeding with native vegetation) by Contractor at no additional expense to the Government.

1.2.23 SUSTAINABILITY REQUIREMENTS:

1.2.23.1 The Contractor shall meet the recycled content requirements set forth by the Environmental Protection Agency (EPA) and 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, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. The list of EPA-designated items is available at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products. Items may include, but are not limited to the following products used on-site in execution of this contract: absorbents, engine coolants and traffic cones.

1.2.23.2 The Contractor shall meet the Bio-Preferred Program requirements set forth by the USDA at https://www.biopreferred.gov/BioPreferred/faces/Welcome.xhtml. The list of USDA-designated product categories may be found at https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml#. Items may include, but are not limited to the following products used on-site in execution of this contract: 2-cycle engine oil, lubricants and grease.

1.2.23.3 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.

1.2.23.4 References: FAR Provision 52.223-1 – Bio-based Product Certification, FAR Clause 52.223- 2 – Affirmative Procurement of Bio-based Products Under Service and Construction Contracts, FAR Provision 52.223-4 – Recovered Material Certification, FAR Clause 52.223-9 – Estimate of Percentage of Recovered Material Content for EPA-Designated Items, and FAR Clause 52.223-17 – Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts.

1.3 Government Holidays: The Lake Project Office will be closed on all Government Holidays. No work will be allowed on 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 Juneteenth Christmas Day

Independence

1.4 Place of Performance: The work to be performed under this contract will be performed at Stillhouse Hollow Lake.

Stillhouse Hollow Lake (Bell County), TX 3740 FM1670, Belton, TX 76513-7783

1.5 Hours of Operation: Project Office hours of operation are Monday-Friday, 8:00 a.m. to 4:30 p.m. No work performed on weekends, unless the COR approves it forty eight (48) hours in advance.

1.6 Type of Contract: The Government will award a Firm Fixed Price Contract.

1.7 Security Requirements:

1.7.1 General Security Requirements:

(a.) All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, 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 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

(b.) 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 Contracting Officer Representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

(c.) Contractor and all associated sub-contractors employees shall comply with adjudication 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 Contracting Officer Representative as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

(d.) 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.

(e.) 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 Contracting Officer Representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

1.7.2 Physical Security: The Contractor shall be responsible for safeguarding all Government equipment, information and property. When contractors work in a park closed for the season or other reason, they are responsible for securing gates behind equipment and employees to maintain park or area security.

1.7.3 Key Control: 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 and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. 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 Contracting Officer.

1.7.3.1 Unauthorized Personnel: The Contractor shall prohibit the use of Government issued key(s) 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 Contracting Officer.

1.7.3.2 Lock Combinations: The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the CQCP.

1.8 Special Qualifications: Not Applicable

1.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend a Pre-work Conference held in accordance with Federal Acquisition Regulation Subpart 42.5 approximately one (1) week after award of the contract. All Contractor key personnel as stated in Paragraph 1.5.11 shall attend.

The Contractor is encouraged to have in attendance an officer of the Contractor’s company and representation from all subcontractors. This conference will be held at the exact time and location specified by the Government after award. No work may be performed under this contract prior to this conference.

The Government will provide mandatory I-Watch and Corps –Watch training at this conference (In the event the Contractor staffing changes, the Government will provide the mandatory training prior to new contract personnel accessing the work site). The purpose of the conference is to enable the Government to outline the procedures that will be followed by the Government in its administration of the contract and to discuss the performance that will be expected from the Contractor. This conference will allow the Contractor an opportunity to ask questions about the Government's administration and inspection of contract work or other pertinent information Contractor might require. General items to be discussed during conferenceCOR and QAR responsibilities, Quality Assurance Inspections, Contractor’s Quality Control Plan, Communications, Administrative Procedures, Invoices, Payments and Regulations. The KO, COR, and other Government personnel as appropriate, may meet periodically with the Contractor at Government’s discretion to review the Contractor's performance. At these periodic progress meetings, Contractor will be apprised of how the Government views 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. The Contractor also agrees to attend any post award conference. These meetings shall be at no additional cost to the Government.

1.10 Contracting Officer Representative (COR): If applicable, the (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration 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 with regard to 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.

1.11 Contractor Key Personnel: Manager, site supervisor and a quality control representative.

1.12 Identification of Contractor Employees: The Contractor and all Contractor’s employees shall adhere to all requirements stipulated in “Identification of Contractor Employees in the Federal Workplace”.

1.12.1 The Contractor shall provide each of its employees who will be involved in the performance of the contract, on a Government facility, with photo identification (ID) badge. The ID badge shall clearly display the Contractor’s name and the employee’s name and color photograph. The Contracting Officer or his/her designee shall approve the ID badge before the commencement of contract performance. It is the Contractor’s responsibility to ensure that all Contractor personnel wear the ID badge at all times when performing work under this contract at a Government facility. Unless otherwise specified in the contract, each Contractor employee shall wear the ID badge in a conspicuous place on the front of their clothing and above their waist, except when safety or health reasons prohibit such placement. This requirement is in addition to any Government facility security provisions that require that a Government-issued security badge also be worn.

1.12.2 Contractor personnel shall clearly identify themselves to all attendees as a Contractor employee before the commencement of meetings with Government or other Contractor personnel.

Contractor personnel shall clearly and immediately identify themselves as a Contractor employee when placing, answering or participating in telephone/VTC conversations with Government or other Contractor personnel.

1.12.3 When Contractor personnel send e-mail messages to a Government-owned computer, they shall include a signature block that includes their employer’s name and the employee’s full name and e-mail address.

1.12.4 The Contractor personnel shall sign in and out prior to commencing scheduled work.

1.12.5 The Contractor must use the U.S. Department of Homeland Security E-Verified Program (http://www.uscis.giv/e-verify) website to meet the established employment eligibility requirements. The Contractor must provide to the Government two valid forms for government-issued identification prior to beginning work to ensure the correct information is entered into the E-Verity system.

1.12.6 Each of the requirements set forth in paragraphs 1.4.12 and all sub-paragraphs of the same must be included in all subcontracts at any tier.

1.13 Contractor Travel: Not Applicable.

1.14 Data Rights: Not…