A.01.30_PWS.pdf

PERFORMANCE WORK STATEMENT (PWS)

HAZARDOUS TREE & LIMB REMOVAL AND STUMP GRINDING ON NIMROD AND BLUE

MOUNTAIN LAKES

Part 1 General Information

1. GENERAL: This is a non-personnel services contract to provide hazardous tree removal, hazardous limb removal, and stump grinding on Nimrod and Blue Mountain Lakes. 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, except for those items specified as government furnished property and services, and other items and non-personal services necessary to perform hazardous tree removal, hazardous limb removal, and stump grinding on Nimrod and Blue Mountain Lakes as defined in this Performance Work Statement. Work also includes all necessary cleanup for these services. The contractor shall perform to the standards in this contract.

1.2 Background: Nimrod Lake and Blue Mountain Lake, including the administration areas and dams are flood control reservoirs, with a total of twelve (12) recreation areas, two (2) dams, and two (2) administration/office areas. These areas require hazardous tree and limb removal, and stump grinding at different times.

1.3 Objectives: Objectives of this contract include the following:

- Removal of designated dead or damaged trees

- Removal of hazardous limbs

- Use of bucket lift

- Grinding designated stumps

- Cleanup of work areas

- Timeliness of services

1.4 Scope: Hazardous tree and limb removal, and stump grinding services. Services include removal of hazardous trees identified by flagging or paint, use of bucket lift and/or pole saw to remove dead or other designated tree limbs, stump grinding stumps that are identified by paint, and cleanup of work areas. The contractor shall accomplish these services when issued a delivery order.

1.4.1 Estimated Quantities. The type of contract for this requirement is an Indefinite Delivery/Indefinite Quantity (IDIQ) contract. This contract type provides a not to exceed (NTE) estimate of the work required to be performed over the contract period. The actual quantities of services ordered under this contract may be significantly less than the NTE contract quantity. Estimated quantities and/or the work to be performed are described herein as Contract Line Items (CLINS) and/or listed on separate sheets as Bid Schedules.

These quantities are approximate and are provided only for the Contractor's information to assist in preparation of bids. They are not guaranteed and the actual quantities may be less than shown. Variations in these estimated quantities shall not be justification for or request for additional payment. The services required in this contract are in addition to the routine operation and maintenance performed by Government personnel, however, the Government reserves the right to perform any or all of the services described herein above the guaranteed minimum with its own personnel or volunteers. The guaranteed minimum for this contract is $10,000 ($5000 per bid schedule (per Lake Area)) for the base and each option year that is exercised. 2).Contractor work and responsibility shall include, but shall not be limited to: all planning, programming, administration and management necessary to assure that all services are conducted in accordance with the contract and all applicable laws, regulations, codes, or directives. Contractor shall ensure that all work meets or exceeds critical reliability rates or tolerances specified or included in referenced documents. Contractor shall perform all related Contractor administrative services necessary to perform the work such as quality control, Contractor financial control, and maintenance of accurate and complete records and files.

1.4.2 Delivery Orders. All work under this contract will be ordered by issuance of individual Delivery Orders (SF Form 1449, see Section 7.8). The Delivery Order will list those Contract CLINS that are to be performed and the park in which the work shall be performed. The individual delivery orders are firm-fixed priced and no changes may be made without the prior approval of the Contracting Officer. If upon receipt of the order, the contractor disagrees with any item such as the size of trees to be removed, the Contractor is to immediately contact the Contracting Officer’s Representative (COR) and request a modification to the task order. This modification must be accomplished prior to starting work on the services covered by the order.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and two (2) 12-month option years. The Period of Performance reads as follows:

Base Year April 01, 2018 -- March 31, 2019 Option Year I April 01, 2019 -- March 31, 2020 Option Year II April 01, 2020 -- March 31, 2021

1.5.1 Payment. The Contractor shall be paid only for work accomplished in accordance with these specifications or Delivery Orders and accepted by the Contracting Officer's Representative. The Contractor will be paid for work accomplished after submittal of correct invoice (see Section 7.5 for sample invoice).

1.5.1.1 Transportation. All mileage costs should be included in each bid item for tree maintenance services. The Contractor shall also include all labor, material, supplies, parts, tools, equipment, transportation to and from the work site, profit overhead, and vehicles required to perform the service listed in the applicable bid item.

1.5.1.2 Disposal of Debris. The Contractor shall dispose of all materials and/or debris from the tree maintenance service work under this contract. In parks where disposal areas exist, disposal shall be allowed on Government property. In parks where disposal areas do not exist the Contractor may haul material to the nearest park for disposal. No separate payment for the disposal of materials and debris will be made. All materials and debris will be disposed of in strict accordance with all applicable laws and ordinances.

1.5.1.3 Administration. The Contractor's administrative costs to set up office and complete all the necessary paper work required in this scope of work will not be considered as work for payment.

1.6 General Information

1.6.1 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 is the means by which he assures himself that his work complies with the requirement of the contract. The Contractors Comprehensive Quality Control Plan shall be submitted to the Contracting Officer or his representative within 30 days of contract award, and within 5 working days when changes are made thereafter. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

1.6.2 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 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).

1.6.3 Recognized Holidays: Contractor will not be required to perform services on the listed 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

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 8:00 a.m. and 4:30 p.m., Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at various areas on Nimrod and Blue Mountain Lakes.

1.6.6 Type of Contract: The government will award an Indefinite Delivery Indefinite Quantity Contract (IDIQ). This contract type provides a not to exceed (NTE) estimate of the work required to be performed over the contract period. The actual quantities of services ordered under this contract may be significantly less than the NTE contract quantity. Estimated quantities and/or the work to be performed are described herein as Contract Line Items (CLINS) and/ or listed on separate sheets as Bid Schedules. These quantities are approximate and are provided only for the Contractor’s information to assist in preparation of bids.

They are not guaranteed and the actual quantities may be less than shown. Variation in these estimated quantities shall not be justification for request for additional payment. The guaranteed minimum for this contract is $10,000 ( $5000 per bid schedule (per Lake area)) for the base and each option year that is exercised.

1.6.7 Security Requirements This is a Security Level One, Table B Contract.

1. General Overview

a. The security provisions of this contract and/or applicable task order apply to all Contractor and Subcontractor Employees (CSEs) physically working on federally controlled property or requiring access to a Department of Defense (DoD) network.

b. Prime Contractors (PCs) are responsible for subcontractor compliance with the security provisions of this contract and shall coordinate all security requirements on the behalf of the subcontractors and their employees.

c. PCs will notify the Southwestern Little Rock District Security Office (SWL-DSO) within 5 business days of the contract award of the primary and alternate security Points of Contacts (POC) for this contract.

This notification will be in the form of an email sent to m4xslceswlcontracts@usace.army.mil with the following information for each individual:

Full Name:

Email Address:

Work Phone:

Work Cell:

Time Zone of their work location:

NOTE: Only primary and alternate security POCs are authorized to contact the SWL-DSO to inquire about a contract employee.

d. PCs security POCs shall submit the appropriate security investigation package for EACH CSE based on the Security Level listed above.

e. The SWL-DSO reserves the right to upgrade the security level background check/investigation requirement of any contract and/or applicable task order; this includes upgrading the investigation standards for specific CSEs. If required, badges will be issued to all clearedi personnel and are to be worn at all times while working on U.S. Army Corps of Engineers (USACE) property. Any CSE working on USACE property without the proper identification badge will be escorted off site.

NOTE: Proposed foreign contractors seeking to work on a USACE contract must be cleared through the Department of State prior to having site access. To obtain approval, each individual must complete and submit the appropriate documents for processing. The required procedure takes approximately 45 business days to process once all documentation is completed properly and submitted.

2. Security Investigation Package Requirements for each CSE.

a. Security Level One Requirements (processing time is approximately five business days)

(1) SWL form 487 dated 2016, Contractor Required Information Form.

(2) A copy of the CSE’s driver’s license or government issued identification card.

(3) A copy of the CSE’s proof of citizenship document or proof of authorization to work in the

United States. Acceptable documents are:

(a) U.S. Birth Certificate

(b) U.S. Passport

(c) U.S. Certificate of Citizenship-INS

(d) U.S. Certification of Naturalization

(e) FS-545, Certificate of Birth Abroad

(f) U.S. Certificate of Report of Birth

(g) U.S. Consular Report of Birth Abroad

(h) Workers visa

(i) Permanent Resident card

(4) One (1) digital passport-styled photo to be used for the USACE badge. Photos will be transmitted to the Security Office by means of CD or Email m4xslceswlcontracts@usace.army.mil. Each digital photo shall be stored in a file labeled by the name of the CSE. If transmitted through email, the subject line of the email must be the name of individual pictured. Photo requirements are as follows:

(a) In color.

(b) Taken within the last six months to reflect your current appearance.

(c) Taken in front a plain white or off-white background.

(d) Taken in full face viewed directly facing the camera.

(e) Taken with a neutral expression (preferred) or a natural smile, and with both eyes open.

(f) No hats or sunglasses are authorized in this photo; face must be clearly displayed with no distracters

(5) PCs must ensure each CSE is prescreened using the E-Verify program to meet the established employment eligibility requirements. The PC must ensure that the applicant has two valid forms of government issued identification, in order to ensure the correct information is entered in to the E-verify system. The CSE will provide the SWL-DSO with a list of verified employees to include their registration number from E-Verify. This list will be transmitted or mailed in the package along with the other required documents for CSEs. The E-Verify system can be located at the following URL (http://www.dhs.gov/e-verify).

(6) PCs must train each CSE on the iWatch/core watch suspicious activity reporting requirements (see paragraph 5).

b. Security Level Two Requirements (processing time is approximately 6 months once all documents are submitted electronically and accepted by the Personnel Security Investigation–Center of Excellence (PSI-COE) via the Personnel Security Investigation Portal (PSIP). Work Authorization/Site Access shall be denied until this background investigation is completed and favorably adjudicated. Automatic disqualifying factors that apply to all contractors being vetted at this level can be found in Table A.

(1) All requirements of the Security Level One package apply.

(2) Optional Form (OF) 306, Declaration for Federal Employment. This form shall be affixed with original date and signature; signature must be hand written-electronic signatures will not be accepted. The OF-306 can be found at the following web site:

http://www.opm.gov/forms/pdf_fill/of306.pdf.

(3) Fingerprint: Must be captured on an FD-258 electronically at an approved government site or manually (hard-copy) by a law enforcement or designated government security official.

(a) Hard-copy fingerprint submission can be captured by a law enforcement official local to the individual. CSE’s shall ensure that fingerprints are captured on a true/original FD-258 fingerprint card. No other form will be accepted. Card may be mailed through USPS to: U.S. Army Corps of Engineers, P.O. Box 867, Attn:

Security, Little Rock, AR 72201. Use of the commercial delivery service such as Federal Express or UPS shall use following address: US Army Corps of Engineers, Attn: Security Office, Suite 6116, Little Rock, AR, 72201.

(b) CSEs can request to be fingerprinted electronically at the SWL-DSO. If this option is chosen, the individual must contact the SWL-DSO to schedule an appointment.

Electronic fingerprinting is the quickest way to receive the results.

(c) CSE will have a background investigation requested by the SWL-DSO. The CSE will receive an email from PSI-COE with a link to complete the SF 85 online through e-QIP. It is the CSE’s responsibility to read each email thoroughly and complete all tasks given by PSI-COE to ensure the investigation will not be terminated. The CSE will receive an information email stating no further documentation or revisions are required. See Standard Form (SF) 85 for required data input information at http://www.opm.gov/forms/pdf_fill/sf85.pdf. This is to be used as a guide (only) when completing the online equivalent and submitting direct to OPM.

c. Security Level Three Requirements (processing time is approximately 9 months once all documents are submitted electronically and accepted by the Personnel Security Investigation – Center of Excellence (PSI-COE) via the Personnel Security Investigation Portal (PSIP). Work Authorization/Site Access shall be denied until this background investigation is complete and favorably adjudicated. Automatic disqualifying factors that apply to all contractors being vetted at this level can be found in Table A.

(1) All requirements of the Security Level One and Two packages apply except the SF 85 is replaced with the SF 86. See Standard Form (SF) 86 for required data input information at http://www.opm.gov/forms/pdf_fill/sf86.pdf.

d. Multi-Level Security Requirement. (Processing time varies) This level requires the use of “escorts”, which shall be provided by the contractor. Escorts are contractor employees who have met Security Level Two requirements (this takes approximately 6 months once all documents are submitted. Refer to section 2-b.) Escorts will be provided at a 5:1 ratio, this means for every five contractor employees there will be one approved escort that is to remain within close proximity to those they are escorting at all times. All employees that will not be designated as escorts shall meet Security Level One, Table A requirements (this takes approximately 5 business days. Refer to section 2-a.).

3. Personnel Security Investigation Package Transmission

Mailing Address:

USACE SWL

Attn: Security Office 700 West Capitol Ave (room 6116) P.O. Box 867 Little Rock, AR 72201

a. If mailed- the investigation package will be transmitted in a sealed envelope together with a transmittal letter attached to the outside of the envelope for each applicant with the following information:

(1) Contract Number and Title

(2) Contracting Officer’s representative name, office number, and cellular number

(3) CSE’s full name and contact information

(4) PC name, address, and telephone number

b. Investigation packages can be faxed to (501) 324-5471. Faxed packages must have coversheet with contract information. Documents that contain personally identifiable information (such as social security number) must have coversheet stating “Page contains PII follows”.

c. Email transmission- email packages to m4xslceswlcontracts@usace.army.mil Documents must be password protected if they contain personally identifiable information (such as social security number). Passwords to documents must be sent in separate email.

d. Investigation packages will be submitted to the SWL-DSO for processing and adjudication.

Incomplete forms, illegible forms, etc., will be returned for correction and/ or completion and can delay the CSE from beginning work. The SWL-DSO address can be found in paragraph 2.b (3) (a) above.

e. Any change in personnel (whether an addition or replacement) at any time throughout the duration of the contract, will require the new personnel or replacement personnel to be vetted and approved by the SWL-DSO, in accordance with the requirements contained herein, prior to being granted Work Authorization/Site Access to any USACE property.

4. Onsite Access Approval

The CSE is responsible for contacting either the COR or the SWL Security Office, prior to the first day of work, to receive a list of approved individuals to be onsite, and their badges for identification purposes while onsite. All individuals on USACE property are required to wear identification badge. CSEs must be aware that COR representatives, project office personnel, and/or Security Office personnel can and will conduct identification checks on all persons onsite at USACE property. Any person found onsite without proper identification will be escorted offsite.

5. IWATCH/ Corps Watch Suspicious Activity Reporting (AT/OPSEC Cover Sheet, pg. 2, Section G, 4)

a. Security is simply EVERYONE’s responsibility. We owe it to our organization, our families, and ourselves to constantly be vigilant about what goes on around us. Trust your instincts. We rely on our senses every day of our lives. If a behavior or activity makes you feel uncomfortable, report it. If it doesn’t look, sound, or smell right, report it. The simple rule is, “If you see something, say something!”

b. The contractor and all associated subcontractors will brief all employees on the local iWATCH, Corps Watch, or See Something, Say Something program (training standards provided by the requiring activity ATO-contained herein, below). This local 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 COR. The CSE will provide the SWL Security Office with a list of employees who have been provided this training.

This list will be transmitted in the package along with the other required documents for employees.

c. If you see something suspicious, provided below is the type of information to report:

(1) What you witnessed (the suspicious activity) including the date, time, and location.

(2) Description of who was involved

(3) Gender of person(s) involved

(4) Height, build, hair/skin color, and approx. age of person(s) involved

(5) Language spoken (if known)

(6) Vehicle description/ license number (if known)

(7) Have you seen this activity before?

d. How to report:

(1) In an emergency- call 911

(2) Notify your immediate supervisor and COR

6. Disqualifying Factors

Background check/investigation disqualifying factors are included in Tables A and B of this document.

i The term cleared refers to an individual granted authority to work on U.S. Army Corps of Engineers Property. This authorization comes through the Little Rock District Security Office to the Contracting Officer’s Representative (COR).

Disqualifying Factors Table A

CRIMINAL HISTORY/ CRIMINAL INFORMATION CHARGED* OR

CONVICTED

< 5 Yrs < 10 Yrs > 10 Yrs

Known/suspected terrorist or belongs to known/suspected terrorist organization (verified through terrorist watch list)

DENY DENY DENY

Espionage, sabotage, treason, or terrorism (not terroristic threats);

or conspiracy or attempt to commit offense

DENY DENY DENY

Knowingly/willfully engaged in acts or activities to overthrow the U.S. Government by force in any jurisdiction or any country; or conspiracy or attempt to commit offense

DENY DENY DENY

Active wants or warrants DENY DENY DENY Barred from any Federal installation or facility DENY DENY DENY Any type of identity fraud or inability to verify claimed identity DENY DENY DENY Any Felony Charge (except those specifically identified in table) DENY DENY ALLOW Felony charge involving unlawful distribution, sale, use, possession, or manufacture of and explosive, explosive device, or firearm; or conspiracy or attempt to commit offense

DENY DENY DENY

Registered Sex Offender DENY DENY DENY Rape, forcible sodomy, or sexual assault, or conspiracy or attempt to commit offense

DENY DENY DENY

Any sexual offense involving a minor or child, including child molestation, or child pornography; or conspiracy or attempt to commit offense

DENY DENY DENY

Kidnapping, hostage taking, human trafficking, or human smuggling, or conspiracy or attempt to commit offense

DENY DENY DENY

Child abuse involving serious bodily injury to a child or minor DENY DENY DENY Criminal homicide, murder, manslaughter, or negligent homicide DENY DENY DENY Hate Crimes offenses DENY DENY DENY Any type of assault or violent crime to include violent domestic charges

DENY DENY ALLOW

Computer/cybercrimes such as improperly accessing (or introducing a virus or other contaminant) a computer, system, or network; modifying, damaging, using, disclosing, copying, or taking programs or data

DENY DENY DENY

Mayhem, maiming DENY DENY DENY Any type of arson, vandalism, or willful destruction of property DENY DENY ALLOW Illegal Weapons Charges DENY DENY DENY Any type of extortion, bribery, or fraud to include “hot checks” DENY DENY ALLOW Any type of burglary, robbery, theft, larceny or conspiracy or attempt to commit offense

DENY DENY ALLOW

Any type of possession or distribution of stolen property DENY ALLOW ALLOW Any type of threat or disruption to the public or disturbing the peace (terroristic threat, inciting a riot, etc.)

DENY DENY ALLOW

Importation, manufacture, distribution of, or possession with intent to distribute a controlled substance, or conspiracy or attempt to commit offense

DENY ALLOW ALLOW

Illegal possession or use of a controlled substance DENY ALLOW ALLOW Operation of a motor vehicle while intoxicated by alcohol or drugs in any jurisdiction (1 conviction)

DENY ALLOW ALLOW

5 or more offenses for any crime (excluding minor traffic violations) DENY DENY ALLOW 3 or more offenses for any crime (excluding minor traffic violations) DENY DENY ALLOW

LEGEND/NOTES

DENY Individual(s) are not cleared to work on USACE property under any circumstance

* Individual must be completely finished through legal processes of being charged with a crime, and will be required to provide documentation if record suggests otherwise.

Disqualifying Factors Table B

CONVICTED

< 5 Yrs < 10 Yrs > 10 Yrs

Known/suspected terrorist or belongs to known/suspected terrorist organization (verified through terrorist watch list)

DENY DENY DENY

Espionage, sabotage, treason, or terrorism (not terroristic threats);

or conspiracy or attempt to commit offense

DENY DENY DENY

Knowingly/willfully engaged in acts or activities to overthrow the U.S. Government by force in any jurisdiction or any country; or conspiracy or attempt to commit offense

DENY DENY DENY

Active wants or warrants DENY DENY DENY Barred from any Federal installation or facility DENY DENY DENY Any type of identity fraud or inability to verify claimed identity DENY DENY DENY Any Felony Charge (except those specifically identified in table) DENY DENY ALLOW Felony charge involving unlawful distribution, sale, use, possession, or manufacture of and explosive, explosive device, or firearm; or conspiracy or attempt to commit offense

DENY DENY DENY

Registered Sex Offender DENY DENY DENY Rape, forcible sodomy, or sexual assault, or conspiracy or attempt to commit offense

DENY DENY DENY

Any sexual offense involving a minor or child, including child molestation, or child pornography; or conspiracy or attempt to commit offense

DENY DENY DENY

Kidnapping, hostage taking, human trafficking, or human smuggling, or conspiracy or attempt to commit offense

DENY DENY DENY

Child abuse involving serious bodily injury to a child or minor DENY DENY DENY Criminal homicide, murder, manslaughter, or negligent homicide DENY DENY DENY Hate Crimes offenses DENY DENY DENY Any type of assault or violent crime to include violent domestic charges

DENY DENY ALLOW

Computer/cyber-crimes such as improperly accessing (or introducing a virus or other contaminant) a computer, system, or network; modifying, damaging, using, disclosing, copying, or taking programs or data

DENY DENY DENY

Mayhem, maiming DENY DENY DENY Any type of arson, vandalism, or willful destruction of property DENY DENY ALLOW Illegal Weapons Charges DENY DENY DENY Any type of extortion, bribery, or fraud to include “hot checks” DENY DENY ALLOW Any type of burglary, robbery, theft, larceny or conspiracy or attempt to commit offense

DENY DENY ALLOW

Any type of possession or distribution of stolen property DENY ALLOW ALLOW Any type of threat or disruption to the public or disturbing the peace (terroristic threat, inciting a riot, etc.)

DENY ALLOW ALLOW

Importation, manufacture, distribution of, or possession with intent to distribute a controlled substance, or conspiracy or attempt to commit offense

DENY ALLOW ALLOW

Illegal possession or use of a controlled substance ALLOW ALLOW ALLOW Operation of a motor vehicle while intoxicated by alcohol or drugs in any jurisdiction (1 conviction)

ALLOW ALLOW ALLOW

5 or more offenses for any crime (excluding minor traffic violations) DENY DENY ALLOW 3 or more offenses for any crime (excluding minor traffic violations) DENY ALLOW ALLOW

LEGEND/NOTES

DENY Individual(s) are not cleared to work on USACE property under any circumstance

* Individual must be completely finished through legal processes of being charged with a crime, and will be required to provide documentation if record suggests otherwise.

1.6.7.8 Key Control: Not applicable. The contractor will not be furnished any government keys.

1.6.7.9 Lock Combinations: Not applicable. Contractor will not be furnished any lock combinations.

1.6.8 Special Qualifications: All contractor employees must possess a valid State of Arkansas drivers license.

1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor 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.

These meetings shall be at no additional cost to the government.

1.6.10 Contracting Officer Representative (COR): 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 resulting order.

1.6.11 Key Personnel: The follow personnel are considered key personnel by the government:

Tommy Mark Green, Deputy Operations Project Manager, Blue Mountain Lake Office

Dennis Pistole, Supervisory Civil Engineer Technician, Nimrod Lake Office

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 contracting officer. 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. The contract manager or alternate shall be available between 8:00 a.m. until 4:30 p.m. Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.6.12 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. The contractor shall ensure all contract employees and subcontractors shall conduct themselves in a proper manner at all times. Employees must not be under the influence of nor consume alcoholic beverages or drugs (unless prescribed by a physician) while on duty. Since the majority of work will be performed in the presence of the general public, the conduct of all employees and/or subcontractors is critical and will be closely monitored. Clothing and other safety apparel as required in the Safety Manual shall be worn. No open-toed shoes, sleeveless shirts, or shorts shall be allowed. Clothing shall be clean and neat in appearance.

1.6.13 Environmental Requirements: The Contractor shall comply with all Federal, State and local environmental laws, rules and regulations. Any apparent conflict between compliance with such Federal, State or local laws, rules and regulations and compliance with the requirements of the contract shall be immediately brought to the attention of the Contracting Officer or the Contracting Officer’s Representative (COR) for final resolution. The Contractor shall notify the Contracting Officer or COR in writing in addition to any verbal notification of such conflicts. The Contractor shall be liable for any fines, penalties, and costs that result from violations of, failure to comply with, all such Federal, State and local laws, rules and regulations. While performing work under this contract, the Contractor and his/her employees’ vehicle operation and conduct shall conform to Title 36, Code of Federal Regulations, and other State regulations.

No vehicles shall be operated off developed roadways (unless directed to do so), or in excess of posted speed limits and directional signs, or in a careless, reckless or negligent manner.

1.6.14 Safety Requirements: The Contractor shall develop an Accident Prevention Plan in accordance with EM 385-1-1 Appendix A. The plan must be submitted and approved by the date of the post award conference meeting. In order to provide safety control for protection to the life and health of employees and other persons; for prevention of damage to property, materials, supplies, and equipment; and for avoidance of work interruptions in the performance of this contract, the Contractor shall comply with Occupational Safety and Health Act (OSHA) regulations and all pertinent provisions of the current edition of Safety and Health Requirements Manual, EM 385-1-1.

1.6.14.1 If the Contractor fails or refuses to promptly comply with the safety requirements as specified herein, the COR may stop all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop shall be made subject to claim for extension of time or for excess costs or damages to the Contractor. Also, the Contractor will not be paid for work not performed as a result of work stoppage due to failure to comply with safety requirements.

1.6.14.2 The Contractor shall perform work requirements in a manner to protect buildings, vehicles and Government and public personal property from damage, and employees and project visitors from any harm or injury. Work shall be scheduled and completed to afford this protection.

1.6.14.3 The Contractor shall maintain an accurate record of, and shall report to the COR, all accidents within 24 hours of the occurrence. All serious accidents (those resulting in death or injury requiring medical attention) shall be reported to the COR immediately.

1.6.14.4 The Contractor shall immediately correct all safety deficiencies upon notification of the deficiencies by the Quality Assurance Representative, and shall notify the COR of the corrective action to be taken. Such notice when delivered to the Contractor or his representative at the site of work shall be deemed sufficient for this purpose. The Government assumes no responsibility or duty to inspect. The Contractor is responsible for ensuring that the equipment is in a safe operating condition, that it is used in a safe manner, and that it is used in a safe environment and condition.

1.6.14.5 The Contractor shall have competent personnel trained and capable of dealing with minor personnel injuries. In addition to this, each crew of workers shall be provided with first aid kits complying with OSHA and other Federal and State requirements and a minimum of two crew members trained and certified in first aid and CPR to care for minor injuries normally sustained in the type of work required.

1.6.14.6 All work crews, office personnel, and the COR shall be provided with information pertaining to the Contractor’s arrangements for emergency medical treatment. This information shall include the following:

Local Hospital: Name Phone No.

Local Ambulance: Name Phone No.

Local Doctor: Name Phone No.

1.6.14.7 The Contractor shall conduct safety meetings with all personnel before each service and at a minimum of weekly intervals to discuss potential safety hazards, etc. The COR shall be notified 24 hours in advance and allowed to attend each safety meeting. A report of the agenda and attendees for each safety meeting shall be submitted to the COR. Activity Hazard Analysis shall be prepared and reviewed by all workers (including subcontractors) as a part of the safety meeting prior beginning work on each service.

(Ref: Appendix A EM385-1-1). This AHA can serve as the meeting agenda for the pre-service/weekly safety meeting. http://www.usace.army.mil/Safety-and-Occupational-Health/ When a new employee is hired, the Contractor shall furnish a statement that the new employee was briefed on safety procedures.

1.6.15 Contractor Travel: Not Applicable

1.6.16 Other Direct Costs: Not Applicable

1.6.17 Data Rights: Not Applicable

1.6.18 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.19 PHASE IN /PHASE OUT PERIOD Not Applicable.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.

2.1.13. TASK ITEM. Work described in detail in the specifications for services to be provided by the Contractor upon issuance of SF Form 1449 Delivery Order. The Contractor must perform work to the specified specifications for the amount listed in the bid item for that service. The bid amount is the total reimbursement by the Government for the Contractor providing the service.

2.2. ACRONYMS:

AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial Off the Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program QDR Quality Deficiency Report TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 Services : NA

3.2 Facilities - Each Lake area (Nimrod , Blue Mountain) will have designated disposal area(s) for generated debris.

3.3 Utilities : NA

3.4 Equipment : NA

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

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

4.2 Materials: Not Applicable.

4.3 Equipment. All vehicles used in performance of this contract shall be kept clean and in safe operating conditions.

4.4 Damage to Government Facilities. The Contractor shall be responsible for any damages to government property and facilities that occur as a result of work performed as part of this contract. Caution shall be taken when working in or around government facilities. If damages occur, the Contractor shall repair or replace damaged features or facilities to the standards or specifications for which they previously existed, as determined by the COR. If the Contractor fails to perform adequate restoration, the government reserves the right to have the work completed, and take the necessary actions, including withholding payment, to assure that restitution is made.

4.5 Telephone Requirement. Any successful bidder will be required to have a telephone in his home or place of business during the entire contract period, and the number of this telephone must be furnished to the COR. If an answering service is used, it must be checked daily and incoming calls returned by 9:00 a.m. the next business day.

4.6 Required Performance Capability. Specified hazardous tree removal, limbing/ pruning, and stump grinding services will be issued by delivery orders. The Contractor must have sufficient labor, equipment and supplies, to perform all specified services in a satisfactory manner on the specific delivery orders.

4.7 Defective Work. All work shall be performed as specified. If the services are found to be defective in workmanship or otherwise not in conformity with the specifications and requirements, the Government shall have the right to reject such service. The work shall then be performed as specified without additional cost to the Government.

4.8 Acceptable Quality Level. The acceptable quality level (AQL) is: The contractor shall complete the specific delivery orders as directed. All trees and limbs shall be removed and cleaned up. All designated stumps will be ground as per specification.

4.9 Equipment. A list of equipment available to perform the required work must be submitted to the Contracting Officer's Representative (COR) prior to performance of services. All Contractor furnished items shall meet all applicable Federal, State and local laws or regulations. Unless otherwise specified, when the Contractor provides services under a Delivery Order, the Contractor shall provide all the necessary "tools of the trade" to accomplish the work. This includes the vehicles necessary, any materials, equipment, supplies, and /or Contractor personnel to and from the job site. The COR reserves the right to inspect all equipment and material prior to and during the award period of the contract. The type equipment required is listed below.

Vehicle: The vehicle(s) shall be kept in a safe operating condition and shall be designed to allow for safe transport of necessary supplies to be used to meet contract requirements.

Bucket Truck: The bucket truck shall as a minimum have - pneumatic tire type, bucket capacity three hundred pounds, height reach 60 feet, with out-riggers to stabilize unit.

Chainsaw: The chainsaw will be capable of handling any size trees, limbs, or brush.

Dump bed type truck: The contractor will have some type of dump bed truck capable of hauling and dumping debris.

Loader: The contractor will either furnish a skid steer loader or small four wheel drive tractor with forks capable of loading and disposing of debris.

Blower: The contractor will furnish some type of blower (handheld, backpack, equipment mounted, etc) for cleaning roadways and/or campsites of saw chips, leaves, pine needles, rocks, mud, or any other debris.

Stump grinder: The stump grinder will be a mechanized grinder that utilizes a high speed rotating wheel with fixed cutting teeth. Grinders can be either self-propelled or vehicle/ equipment pulled.

Grinder must be equipped with all standard manufacturer installed safeguards. Must be able to grind any tree species and size that occur within the work area.

Note: The Contractor must provide sufficient equipment to complete tree and limb removal and stump grinding services as ordered.

4.10 Safety Equipment: The contractor shall provide and require the use of all safety equipment when performing contract services. Safety equipment includes, but is not limited to, personal protective equipment (PPE), barricades, warning signs or other means as necessary to make pedestrians aware of hazards and also to prevent pedestrians from entering work areas, and traffic control devices. All governing standards set forth in the latest edition of EM 385-1-1 requiring the use of PPE shall be applies in strict accordance through the term of this contract. PPE may include hard hat, chaps, safety glasses/ goggles, ear protection, fall restraint harness (for bucket truck work), steel toed boots, etc.

4.11 Required Insurance. (a) Any successful offeror under this solicitation shall procure and maintain during the entire period of his performance under this contract the following minimum insurance.

(1) Comprehensive general liability insurance for bodily injury in the minimum limits of $500,000 per occurrence.

No property damage liability insurance is required (FAR 28.307.2(b)).

(2) Comprehensive vehicle liability insurance covering the operation of all automobiles used in connection with the performance of the contract in the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage (FAR 28.30702(c)).

(b) In connection with the above, see Contract Clause FAR 52.228-0005 for further instructions and proper procedures relative to the Contractor's insurance requirements.

(c)The contractor is required to provide an original certificate of insurance to the COR prior to commencement of work under this contract.

4.12 Permits and…