A_01_30_QA_Lab_Testing_PWS_final.doc

PERFORMANCE WORK STATEMENT (PWS)

U.S. ARMY CORPS OF ENGINEERS - PORTLAND DISTRICT

ENGINEERING & CONSTRUCTION DIVISION

QUALITY ASSURANCE (QA) MATERIALS TESTING

1.0 General Statement

This is a Firm Fixed-Priced, five year, Multiple Award Blanket Purchase Agreement (BPA) entitled Quality Assurance (QA) Materials Testing. Requests for services will be made via a Call utilizing the pricing in this Agreement. The Period of Performance will be from the date of award through 30 September 2021 or for 60 months.

1.1 The Contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, and all other items necessary to perform quality assurance materials testing services for the US Army Corps of Engineers (USACE), Portland District.

1.2 The Contractor shall collect, analyze, and submit reports for the collection of construction material samples taken per each Call issued by USACE, Portland District’s, Engineering & Construction Division. The locations of samples to be taken, and the needed QA Materials Testing, will vary and be within the Portland District areas of operation which covers all of Oregon and Southwest Washington. QA Materials Testing may be required at various construction sites such as; fabricating shops, jetties, quarries, Government operation facilities, waterways, and treaty fishing sites.

1.3 The Contractor’s laboratory facility must be must be validated by the USACE Materials Testing Center (MTC) and remain validated throughout the life of this agreement.

2.0 Definitions

Throughout this agreement terms are defined as follows:

American Society for Testing and Materials (ASTM): An international standard organization that develops and publishes consensus technical standards for materials, products, systems, and services Contracting Officer (CO): The Government employee who is authorized to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officers Representative (COR): The Government employee who has been authorized in writing by the CO as the Contracting Officer’s Representative, acting within the limits of their authority.

Contract Discrepancy Report (CDR): A written record of unsatisfactory performance by the Contractor as observed by the Government.

3.0 Government Shall Furnish

There is no Government Furnished Property under this agreement. All test specimens shall be obtained by the Contractor.

4.0 Contractor Shall Furnish

The contractor shall provide all materials, parts and labor in performance of the services as defined in this agreement. The Contractor shall have all necessary equipment to perform the stated work in their laboratory facility.

4.1 Laboratory Validation

All laboratories performing the required testing on Government contracts must be validated by the USACE Materials Testing Center (MTC) in Vicksburg, MS and remain validated throughout the life of this agreement. The MTC provides commercial laboratory inspection services to USACE Districts, to ensure compliance with Engineer Regulations (ER) 1110-1-8100 (Laboratory Investigations and Testing) and ER1110-1-261 (Quality Assurance of Laboratory Testing Procedures). All information pertaining to the validation of commercial laboratories and the MTC can be found at http://www.erdc.usace.army.mil/Media/Fact-Sheets/Fact-Sheet-Article-View/Article/476661/materials-testing-center/, or by emailing MTC-Info@usace.army.mil.

4.1.1 To be considered for award, USACE MTC validation shall be completed or in the process. Additionally, the Contracting Officer may request re-validation during the course of the agreement, anytime conditions are judged to have changed or testing equipment and procedures become suspect.

4.1.2 The cost of validation and/or revalidation shall be borne by the laboratory/vendor. Work under this agreement may require the Contractor to report to the construction site for sampling prior to 24 hours of notification by the COR. Notification for testing may be made either by phone, email or letter. The Contractor shall perform the test in accordance with the requirements stated below. Test reports shall be submitted to the COR via email within 24 hours after completion of these tests. The Contractor shall submit a formal letter report to the COR within three business days of completion of services received. A senior employee of the Contractor’s company shall sign all test reports.

4.2 Personal Safety Protection & Other Equipment

Under the performance of this agreement, the Contractor shall provide their employees all personal protective safety equipment (PPE), such as hardhats, steel-toed boots, safety vest, safety goggles and hearing protection, as required per each Call issued. The Contractor shall provide any miscellaneous supplies necessary for inspection such as flashlights and any materials required to perform the work outlined by the COR.

4.3 Insurance Certificates

Proof of Insurance shall be submitted to the contracting office within five days after both parties have signed the agreement. Insurance shall be updated annually and kept current through the life of the agreement.

4.4 The Contractor shall provide and maintain throughout the life of the agreement, an up-to-date Letter of Authority outlining the individuals and the authorities granted within their company. This Letter of Authority shall contain the typed signature block, hand written signature and contact information for each individual granted authority and identify the authority granted them. This Letter of Authority shall be signed by the individual who signed the agreement.

4.5 Subcontracting

The Contractor shall notify both the Contracting Officer and the COR in writing, of any work to be subcontracted. Compliance with the provisions of this agreement by subcontractors shall be the responsibility of the Contractor.

5.0 Performance Standards and Requirements

5.1 Sampling

The Contractor shall perform all sampling according to required ASTMs and other requirements outlined in the specifications of the contract for which the sampling and testing is to be performed, and as directed by the COR. The Contractor shall provide sufficient supplies, materials, and equipment to adequately gather, collect and transport samples to lab for testing.

5.1.1 Pre-Sampling Test Meeting and Out-Brief Meeting

The Contractor shall attend any pre-test or out-brief meeting to be held before and after the sampling or inspection is required, at the discretion of the COR and as annotated within the designated Call. Typically, the Government will provide the Contractor advance notice of meetings two business days prior to the pre-test or out-brief meeting. These meetings will be held by the COR at a Government location specified within each Call. At the pre-inspection meeting, the COR will review the requirements of the Call, the inspection schedule, hours, procedures, site access, and any security concerns. At the out-briefing, the Contractor will report any significant preliminary findings.

5.1.2 Qualification of Sampling and Testing Personnel

Technical personnel performing sampling and testing shall have a minimum of three years of experience in testing of construction materials. Certified Welding Inspectors (CWIs) shall have a minimum of five years of experience. Nondestructive Testing (NDT) Technicians shall have a minimum five years of experience as a Level II, and shall have attained certification from a recognized authority in materials testing. Recognized NDT certification authorities are the National Institute of Certification in Engineering Technologies (NICET), the American Concrete Institute (ACI), Portland Cement Association (PCA), and The American Society for Nondestructive Testing (ASNT). All NDT technicians shall be qualified per ASNT CP-189 2011 to Level II or III status. Level III technicians require practical examinations in order to conduct testing. The Contractor shall be required to submit copies of documents that attest the qualifications of the employees that shall be performing the work when a Call is issued and before work has begun.

5.2 Testing

The Contractor shall be performed according to required ASTMs and other requirements outlined in the Specifications of the contract in which the tests are being performed. The Contractor shall provide sufficient supplies, materials, and equipment to adequately test samples either on the construction site or at the lab.

5.2.1 When testing at the construction site or collecting material samples for testing at the laboratory, the Contractor shall report to the construction site within 24 hours of notification by the COR. Notification for testing will be made either by phone, email, or letter.

5.2.2 Portland District Jetty Stone/Quarry Stone Sampling and Testing Requirements This section pertains to testing of jetty stone, as identified in the price schedule as Item “H”, Nos. H001 through H009. These tests are modified from the basic ASTM, primarily the size of the sample tested. Tests shall be performed as indicated within this agreement.

5.2.2.1

Separate tests shall be made for each different rock type. Indicate in the lab test report not only the results of the test, but also the requirement for that test.

Test procedures to be utilized from the above table are as follows:

a) and b) Unit Weight and Absorption. The unit weight (weight per cubic foot) shall be determined by multiplying the bulk-saturated-surface-dry (BSSD) specific gravity times 62.4 pounds per cubic foot. Specific gravity and absorption shall be determined in accordance with ASTM C127 (Modified) as follows:

(1) The test sample shall consist of about 5,000 grams of generally cubical pieces of stone passing the 2-inch and retained on the 1-1/2 inch standard square mesh sieve sizes.

(2) The test pieces shall be laboratory prepared by jaw crushing or chipping.

c) Abrasion. The abrasion loss shall be determined in accordance with ASTM C131 (Modified) as follows:

(1) The test sample shall consist of the same size and gradation.

(2) The abrasive charge used shall comply with that used for Grading "A.”

(3) The test sample shall be subjected to 500 revolutions.

d) Magnesium Sulfate Soundness. The test sample shall consist of 5± kg of rock pieces passing the 2 inch and retained on the 1-1/2 inch sieve, prepared as specified. The test is based upon ASTM C88 (Modified). The test shall be conducted through 5 cycles, which is known to require two to three weeks to complete.

e) Accelerated Expansion. The test sample shall consist of 5± kg of rock pieces passing the 2 inch and retained on the 1-1/2 inch sieve, prepared and tested in accordance with Testing Procedure COE CRD-C 148 (Modified). Test results shall be computed by dividing the number of pieces that break down by the number of pieces in the original test sample. Failure or breakdown is defined as any piece separating into two or more pieces or losing sufficient surface material to allow it to pass through the 1-1/2 inch sieve.

5.2.2.2 References for Portland District Quarry Stone Testing

5.3 Reporting Procedures

Test reports shall be submitted via e-mail, within 24 hours after completion of the tests. Formal letter reports shall follow within three calendar days. All formal test reports must be signed by an individual authorized within the Letter of Authority, as mentioned above in paragraph 4.4.

Test reports shall be complete and clear, and shall include both the ASTM standard (or construction contract requirement) and the test results. When required to explain unusual test results or testing conditions, the Contractor shall enclose a narrative. Delivery of test reports, (hardcopy, electronic copy, quantity, and format) will be coordinated at the time of each inquiry or request for service. Multiple offices within Portland District will be utilizing this agreement; all test results will be sent to and coordinated with the requesting office and COR.

6.0 Performance Requirements Summary (PRS)

The PRS is intended to ensure that the Government receives the services for which it contracted. The Government will only pay for services received. The Performance Requirement Summary (PRS) determines if the contractor meets the performance standards of the agreement, as well as provides guidelines for how and when surveillance will be performed. It ensures timeliness, effectiveness, and that the contractor is delivering the results specified in the agreement. Government contract Quality Assurance will be performed at such times and/or places as may be necessary to determine the services conform to the requirements.

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable quality levels (AQL) of service required for each requirement. These thresholds are critical to mission success.

6.1.2 Performance Requirements Summary Table These are the criteria against which the performance will be evaluated. Work shall be considered not to have been performed when any one of the following conditions exists in accordance to the Quality Assurance Surveillance Plan (QASP).

PERFORMANCE REQUIREMENTS SUMMARY

Performance Objective

Sampling (all paragraphs in 5.1)

Testing

(all paragraphs in 5.2)

Reporting (Paragraph 5.3)

6.2 Surveillance

The method of surveillance is 100% inspections for all services. If the COR discovers deficiencies and/or receives complaints, the COR will pass them on to the Contractor's Quality Control Manager (QCM) for correction.

6.3 Quality Control

The Contractor, not the Government, is responsible for quality control actions necessary to meet the quality standards set forth by the agreement and each call. The Contractor shall develop and submit their Quality Control Plan (QC Plan) for Government approval after award in compliance with the performance work statement prior to work commencing. Once accepted, the QC Plan shall be used by the Contractor to ensure that they deliver quality service. The Quality Assurance Surveillance Plan (QASP) is a document that communicates to the Contractor the surveillance methods that will be used to measure its performance against the standards in the agreement and provides means by which the Government monitors and documents performance. Quality Assurance (QA) is the Government process that ensures the Contractor’s Quality Control system is functional and effective. The surveillance methods identified in the QASP, together with the Contractor’s QC Plan, will help determine whether the Contractor delivers the performance set forth in the agreement. The Government reserves the right under the Contract Terms and Conditions—Commercial Items (FAR 52.212-4) to inspect and test the services called for by the Agreement, to the extent practicable at all times and places during the term of the Agreement. Non-conforming services shall be rejected.

6.4 Unacceptable Performance

When performance is determined unacceptable, as defined in the PRS, the COR will notify the Contractor’s onsite representative that performance s unacceptable and provide written documentation. Disputes in surveillance shall be referred to the Contracting Officer. Examples of deficiencies include, but are not limited to,

a. Not reporting to the work site on time.

b. Reporting to the work site without necessary PPE.

c. Reporting to the work site without necessary equipment to perform the required service (test).

d. Providing a technician that is not familiar with the required service (test).

e. Providing a technician that is not certified to perform the required service (test).

f. Failure to perform the test in accordance with the applicable standard.

g. Failure to provide post-test reports in the specified timeframe.

h. Intentional disregard of applicable safety standards.

i. Failure to maintain validation through MTC for the life of the agreement.

6.4.1 The COR will notify the CO of less than acceptable performance. If any of the services do not conform to contract or agreement requirements, the Government may require the Contractor to perform the services again in conformity with the agreement requirements and at no additional cost to the Government. Daily cleaning/sanitation are not considered re-performable work and lack thereof shall result in a deduction for nonperformance of work. When the defect(s) in services cannot be corrected by re-performance, the Government may:

a. Require the Contractor to take necessary action to ensure future performance conforms to the agreement requirements.

b. Reduce the contract price to reflect the reduced value of the services performed.

c. If the Contractor fails to promptly re-perform the services, or to take the necessary action to ensure future performance in conformity with the agreement requirements, the Government may use one of these methods to resolve the deficiency:

(1) By contracted procurement or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service.

(2) Issue a Cure Notice.

(3) Terminate the Agreement for Government Convenience.

(4) Terminate the Agreement for Cause.

6.4.2 Correction of Non-Performance of Work

The Contractor shall employ an adequate quantity of personnel to insure that any area found to be not in compliance and therefore not acceptable, shall be made acceptable by the performance or re-performance of the work, where such re-performance is possible, during the first business day after non-compliance has been observed by or reported to and verified by the COR.

6.4.3 If the Contractor fails to perform or re-perform the services required by a Call, the Government may also chose to assign the work to another party. If this occurs, the Contractor shall be required to reimburse the Government for the full costs of the work performed including labor, materials, transportation, and supervision

6.4.4 Performance Standard

Recurring defects are not permitted for any of the above service items. No defect is recorded against the Contractor's performance if the defect is immediately corrected. However, if this same situation occurs again during the agreement period, an incident will be recorded and reported to the CO for appropriate action in accordance with FAR 52.212.4, Contract Terms and Conditions-Commercial Items (May 1997).

6.5 Damages Caused by the Contractor

The Contractor shall be held accountable and liable to the Government for any damages to Government facilities, fixtures, furnishings, equipment, or grounds caused by the Contractor or their employees.

6.6 Interference with Government Operations

Contractor and their employees shall perform all work in such a way as to not interfere with regularly scheduled Government operational activities.

7.0 Safety, Environmental, and Security Regulations and Procedures This section presents safety, environmental and security requirements and regulations that may involve training of contractor and/or subcontractor training in order to work on a Government site. The contractor shall maintain a current roster of the names of employees who have completed the training, the title of the training completed, and the most recent date that the training was completed, method of training delivery, and instructor's name if applicable. The contractor shall submit the roster to the COR no later than 5 calendar days after each employee has received the training. The contractor shall update the roster and resubmit to the COR no later than 5 calendar days after any changes.

If work occurs on a Government Facility, an ID Badge/Access Card may be issued to Contractor Employees; these items must be returned upon completion of work. When working at an Operating Project, the Contractor employee will be escorted by a Government Employee at all times.

7.1 Safety

The Contractor shall follow all safety regulations as set by Occupational Safety and Health Administration (OSHA), USACE Engineering Safety Manual-EM385-1-1 and project safe clearance procedures. Where conflicts in safety regulations occur, the most stringent shall apply. In accordance with EM 385-1-1, the Contractor shall prepare a Job Safety Activity Hazard Analysis for approval by the COR prior to commencement of work. The online link to the USACE EM 385-1-1 is as follows: http://www.usace.army.mil/Safety-and-Occupational-Health/Safety-and-Health-Requirements-Manual/.

7.1.1 An additional site shown below contains many tools in helping fill out the safety and health program forms www.usace.army.mil/safetyandoccupationalhealth.aspx . This site will contain a link to any interim changes to the EM 385-1-1 safety manual as well as any global interpretations and/or questions that have been asked about the EM 385-1-1 forms for required Activity Hazard Analysis and Position Hazard Analysis.

7.1.2 Activity Hazard Analysis:

The Contractor shall determine those areas and activities in which possible safety hazards per each call issued, and note such information on the Activity Hazard Analysis (example within the EM-385-1-1). When completed, the Contractor shall identify hazards in each phase of services performed, what preventative measure the Contractor proposes to take to prevent such accidents and then return to the COR to retain on file.

7.1.3 The Contractor shall be fully knowledgeable and provide upon request any or all plans for the safe handling, loading, transporting, transfer, storage, treatment and disposal of all waste materials. In addition, first aid procedures for injuries shall be included in the safety and environmental plans listed. These plans shall describe safe work procedures for all phases of work based upon an Activity Hazard Analysis, for the job described herein.

7.2 Accidents and Reporting

The Contractor shall make a written report of each separate case of an injury or accident. The report shall include, but not be limited to; location, nature of the injury or accident, authorities notified, and the action taken along with any other pertinent information. The report shall be accompanied by sketches, graphs/drawings, and photographs as needed and forwarded to the COR within 24 hours of occurrence.

The Contractor or the Contractor’s employees shall report any circumstances of needed repair of the facility or unusual soiling of any area which may affect the performance of the work and unhealthful or hazardous conditions or any delays or interference with the work caused by the employees or the Government.

7.3 Hazardous Energy Control Program (HECP) Training and Certification HECP establishes consistent procedures and criteria for the safe and reliable control of hazardous energy at Portland District operated facilities.

7.3.1 If a Call is placed for testing on a Government facility within an HECP controlled area, HECP training is required. Provide annual Hazardous Energy Control- Affected Persons (HECP-AP) training to all Contractor and subcontractor personnel working under, or in the vicinity of, hazardous energy clearances as defined in USACE Portland District CENWP-OD Standing Safety Procedure 385-1, and as is authorized by Engineering Regulation ER 385-1-31, The Control of Hazardous Energy.

7.3.2 All costs for this training must be considered incidental to the work, and therefore, no additional payment will be made. Cost for the training is $55 per individual. Training is provided by Vivid Learning Systems and is available on line at http://contractor.vividlms.com/. Submit the training completion certification a minimum of seven days prior to the individual’s arrival at site. Maintain training documentation on site, including the individual's name and date of training completion, in accordance with USACE Portland District CENWP-OD Standing Safety Procedure 385-1. HECP-AP training typically takes less than an hour to complete.

7.4 Spill Response

The Contractor shall immediately notify the COR of any material spills. Any material spilled in the execution of this agreement shall be cleaned up immediately by the Contractor at their expense, and in a manner conforming to applicable regulations.

The Contractor shall immediately report any spill of a reportable quantity to the National Response Center and in Oregon to Oregon Emergency Response Service (OERS) or in Washington to Washington Department of Emergency Management. A reportable quantity spill released to the environment constitutes a spill emergency. If a spill occurs, priority shall be given to human health and safety; environmental protection; and protection of property, in that order. Once a spill is contained, the Contractor shall completely clean the spill area using properly equipped and trained personnel.

7.5 Security Requirements

The Contractor shall be responsible for safeguarding all Government equipment, information and property as well as any equipment on the work site. At the close of each work period, Government facilities, equipment, and materials shall be secured.

7.5.1 Access and General Protection/Security Policy and Procedure All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/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.

7.5.2 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 government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

7.6 AT Level 1 Training

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.

7.7 Suspicious Activity Reporting Training

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.

7.8 OPSEC Training

All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

7.9 iWATCH-Pre-screen Employees using E-Verify Program The Contractor must pre-screen Employees using the E-verify Program (http://www.dhs.gov/E-Verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Employee 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 Employees must be provided to the COR no later than three business days after the agreement has been signed by both the Government and the Contractor.

7.10 Identification of Contractor’s Employees

The Contractor, before reporting for a Call, shall provide the COR with a list of all employees who shall perform work under the Call. The list shall include the full name, aliases, and work assignment of each employee. The Contractor shall notify the COR in writing of any addition, deletion or change in work assignment within one business day of such change.

All vehicles used by Contractor personnel on project shall bear suitable company identification to enable project personnel to identify such as authorized for access. The Contractor will provide the COR with a list of vehicles and their license plates that will be used to perform work. Vehicles shall be in good working condition, not dripping oil, etc. Any fluid spills (gasoline, oil, hydraulic fluid, antifreeze, etc.) shall be cleaned up immediately. Any spills into water shall be immediately reported to the onsite representative and COR. Safety features on vehicles shall be working.

8.0 General

8.1 Calls for Service

Work under this agreement is scheduled to commence in accordance with the issued Call. Calls will be issued when sampling and testing services available under this agreement become known and needed.

8.1.1 For Calls under $2,500, the Government will contact a vendor/Contractor under the BPA directly. To choose a vendor/Contractor, the Government will consider (1) cost based upon awarded price schedule, (2) certification for the test needed, (3) availability, and (4) potential conflict of interest (on a particular project, the Government will not utilize a testing agency already being used by the Construction Contractor). Generally, the Government will attempt to spread work evenly amongst all vendors under the BPA. However, cost will be the primary factor when choosing a vendor.

8.1.2 The Contractor must be able to take payments via a credit card over the phone as payments under $2,500 will be paid for on a Government Purchase Card (GPC).

8.1.3 For Calls over $2,500, the requirement will be competed amongst all BPA holders. On Calls over $2,500, payments will be processed through the USACE Finance Center using receiving reports and take up to 30 days for payments to be paid.

8.2 Measurement and Payment for the Price/Bid Schedule

8.2.1 Price/Bid Items for tests with the unit of measure of EACH-“EA” shall be measured for payment based on the number of tests performed. The price and payment shall be compensation for labor, materials, and equipment to perform laboratory tests and to submit test reports as specified in the referenced standard for each unit item.

8.2.2 Price/Bid Items for tests with the unit of measure of HOUR-“HR” shall be measured for payment based on the number of hours, or fractions of an hour thereof, expended to perform tests at the construction site or fabrication shop. The price and payment shall be compensation for labor, materials, and equipment to prepare samples at the construction site, to perform field tests, and to complete test reports as specified in the referenced standard for each unit item.

8.2.3 Price/Bid Item “F” and its sub-contract line items shall be measured for payment based on the number of hours, up to 8 hours per day, or fractions of an hour thereof, for reading and interpreting films of welds. The Nondestructive Examination (NDE) inspections will be scheduled to facilitate a structural engineer from the Government and/or an A-E Contractor to be on-site concurrent with the testing agency. The NDE technician shall take reasonable measures to coordinate and communicate to the engineer the results of the NDE while both parties are on-site.

8.2.4 Price/Bid Item “J001” shall be measured for payment based on the number of miles traveled to the site from the laboratory, home, or lodging establishment. Payment shall be made at the mileage rate stated in the Joint Travel Regulations (JTR), Vol. II. The rate shall be full compensation for vehicle use, fuel, maintenance, insurance, licensing and other expenses related to using a vehicle in the prosecution of work. To view the current mileage rates, log on to http://www.dtic.mil/perdiem/faqpovpast.html.

8.2.5 Price/Bid Item “J002” shall be measured for payment based on the number of days and nights and fraction thereof spent away from home for the purpose of performing fieldwork at the construction site. Payment shall be made to cover the actual invoiced cost of lodging, not exceeding the total cost authorized by the JTR Vol. II governing the USACE, Portland District. Current lodging rates are available at http://www.dtic.mil/perdiem/pdrform.html.

8.3 Invoicing for Work

The Contractor may invoice USACE for work performed at the conclusion of a test, after the test results have been provided. Invoices shall be submitted to the address stated on Block 18a of the SF1449, and to the Resident Office, of the COR who placed the Call.

8.4 The Government may require the Contractor to discontinue using any employee in the performance of the work specified in this agreement determined by the Government to be unsatisfactory.

8.5 Smoking on Government Property

There is a NO Smoking policy in all Government Buildings. The Contractor shall verify with COR if and where smoking is permitted prior to work being performed. Smoking may not be allowed on Government Property due to fire hazard.

8.6 McNamara-O'Hara Service Contract Act (SCA)

The SCA will apply to all Calls over $2,500 and the requirements of the SCA would apply to all employees working on the Calls.

Every employer performing work covered by McNamara-O'Hara Service Contract Act (SCA) is required to post a notice of the compensation required (including, for service contracts, any applicable wage determination) in a prominent and accessible location at the worksite, (for this agreement the worksite would be the employee’s place of work or laboratory), where it may be seen by all employees performing work on the agreement. A copy of the poster is available at the following website for the Department of Labor: http://www.dol.gov/whd/regs/compliance/posters/sca.htm.

8.7 Contract Changes

Changes in scope, time, or deliverables can only be authorized by the Contracting Officer (KO). The contractor shall notify the KO immediately if they have received direction to perform work outside the scope of the contract. Changes in scope will be negotiated and a written modification issued, before proceeding with the work.

8.8 Veterans Employment Emphasis for U.S. Army Corps of Engineer Contracts In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx

Department of Labor Veterans Employment Assistance at http://www.dol.gov/vets/

Department of Veterans Affairs-VOW to Hire Heroes Act at http://benefits.va.gov/vow

Army Wounded Warrior Program at http://wtc.army.mil/modules/employers/index.html U.S. Chamber of Commerce Foundation – Hiring Our Heroes at http://www.hiringourheroes.org/ Guide to Hiring Veterans – Reference Material.

9.0 Points of Contact

Points of contact, for Contracting Officer Representative, and for onsite QA Materials Testing for the gathering of samples, will be established at the time each Call is placed.

10.0 Attachments

Attachment 1- QUALITY ASSURANCE (QA) MATERIALS TESTING SERVICES