B.01.01-Combined_Solicitation_Synopsis.pdf

REQUEST FOR QUOTATION COVER PAGE

US Army Corps of Engineer, Little Rock District Contracting Division

700 W. Capitol Avenue Room 7315 Little Rock, AR 72201

W9127S-19-Q-0032, Removal and Proper Disposal of Equipment and Oil from Norfork Lake Power Plant Switchyard

Submitted by

Offeror Name:

Offeror Address:

Street

City/State

Offeror Email Address:

Cage Code:

DUNS Number:

TIN:

Telephone Number:

Signature:

Date:

Total Quote Amount $:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information in this notice. This announcement constitutes the only solicitation.

Quotes are being requested and a written solicitation will not be issued. The solicitation number W9127S-19-Q-0032 is issued as a request for quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-99.

Set Aside, NAICS Code & Size Standard: This solicitation is set-aside for Small Business. The NAICS Code 562112 and the applicable size standard is $38,500,000.00.

A list of contract line item number(s) and items, quantities and units of measure: Please see the attached quote schedule on page 3.

Description of requirements for the items to be acquired: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, sampling materials, and other items and non-personal services necessary to sample and remove all equipment listed in this contract, ancillary temporary storage containers, clean up materials, and PCB oil located within the equipment listed within the Norfork Lake Power Plant Switchyard in accordance with all local, state, and Federal regulations. The Contractor shall package and label all PCB as required by EPA and DOT regulations and dispose of off Government property in accordance with EPA, DOT, and local regulations at an approved permitted site.

All equipment is currently not in use and is disconnected and stored in the Power Plant switchyard. The Government will not provide any equipment, manpower, or materials for this contract.

Period of performance (POP) and FOB point:

• This POP is from ninety (90 days) after date of award.

• FOB: Destination

The provision at 52.212-2, Evaluation -- Commercial Items, is not applicable to this solicitation. Award will be made solely on price.

Offerors are required to include a completed copy of the provision at 52.212-3 Alt I, Offeror Representations and Certifications -- Commercial Items, with its quote.

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

The clause at 52.212-5 (Deviation), Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. Please see pages 5-9, for the additional FAR Clauses which are applicable to this acquisition.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1533_213837 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1547_215689 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1845_256368 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P2045_297176

The clause at 52.237-1 -- Site Visit (Apr 1984

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Site Visit Information Below:

Time: 10:00 AM CST Date: 03/18/2019 Location: Norfork Lake Power Plant USACE, 1487 Highway 177 South, Mountain Home, AR 72653

Please contact Terry Madden at (870) 499-5361 or ECC POC: Mark Eddings (501)- 340-1401, to schedule an appointment for a site visit.

Quotes are due on 10 April 2019 at 10:00 am CST. Submit quotes by email to robert.l.meekie@usace.army.mil

Required Documents to Submit

1. Request for Quotation cover page (signed)

2. Completed (filled in) Provisions and Clauses as applicable

3. Quote Schedule with unit prices and total prices

4. Signed Amendments (if applicable)

If you have any questions regarding this solicitation, please contact R o b e r t M e e k i e at 501-340-1260 or submit an email to robert.l.meekie@usace.army.mil

QUOTE SCHEDULE FOR SERVICES

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, sampling materials, and other items and non-personal services necessary to sample and remove all equipment listed in this contract, ancillary temporary storage containers, clean up materials, and PCB oil located within the equipment listed within the Norfork Lake Power Plant Switchyard in accordance with all local, state, and Federal regulations. The Contractor shall package and label all PCB as required by EPA and DOT regulations and dispose of off Government property in accordance with EPA, DOT, and local regulations at an approved permitted site. All equipment is currently not in use and is disconnected and stored in the Power Plant switchyard. The Government will not provide any equipment, manpower, or materials for this contract. NOTE: The period of performance shall be 90 calendar days from the date of contract award.

mailto:melissa.a.westfall@usace.army.mil mailto:melissa.a.westfall@usace.army.mil

Total Quote Price for (items 0001): $

Item No.

Description Quantity Unit Price Unit of Issue

Total

0001 The Contractor shall provide all services on one complete job to properly package, load, cleanup, transport, and properly recycle/dispose of all transformers, and other equipment and PCB laden Oil and provide certificates of disposal.

NOTE: The removal of Equipment with Oil from Norfork Lake Power Plant Switchyard, pertaining to Part 5-Specfic tasks of PWS.

1 Job

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 – 90 days after date of award

N/A Norfork Lake Power Plant USACE POC: Terry Madden (870)-499-5361 1487 Highway 177 South Mountain Home, AR 72653 FOB: Destination

967214

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.217-5 Evaluation Of Options JUL 1990 52.222-3 Convict Labor JUN 2003 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-11 Extras APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.246-25 Limitation Of Liability--Services FEB 1997 52.247-34 F.O.B. Destination NOV 1991 52.249-4 Termination For Convenience Of The Government (Services)

(Short Form)

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2018)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) If this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, No displacement of Qualified Workers (May 2014) (E.O. 13495).

Flow down required in accordance with paragraph (1) of FAR clause 52.222- 17.

(iv) 52.222-21, Prohibition of

Segregated Facilities (Apr 2015).

(vi) (v) 52.222-26, Equal Opportunity

(Sep 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for

Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C.

chapter 67).

(xiii) X (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O.

13658).

(xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xx) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the

Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options or extensions under this clause, shall not exceed 6 months.

(End of clause)

52.237-1 Site Visit (Apr 1984) Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

NOTE: If using google maps to find the plant, if they will put Mountain Home instead of Salesville, it will lead the directly to the dam. It is the same zip code but for some reason if you input Salesville it does not take you to the correct physical address.

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): farsite.hill.af.mil/

(End of clause) m4cterlm Typewritten Text m4cterlm Typewritten Text m4cterlm Typewritten Text

PERFORMANCE WORK STATEMENT (PWS)

Removal and Proper Disposal of Equipment and Oil from Norfork Lake Power Plant Switchyard

Part 1

General Information

1 Performance Work Statement 2 Technical Definitions 3 Government Furnished Items 4 Contractor Furnished Items 5 Specific Tasks and Services 6 Applicable Publications 7 Technical Exhibits

1. GENERAL: This is a contract to Sample, Remove and Properly Dispose of Equipment with oil from the Norfork Lake Power Plant Switchyard using reclamation/recycling disposal methods or an EPA approved incinerator or landfill for PCB contaminated materials and oils. Disposal of equipment and oils greater than 50 ppm of PCB is governed by the Toxic Substances Control Act and not the Resource Conservation and Recovery Act and may not be recycled or reused.

The Contractor must obtain current (less than one year old) PCB analytical results from a state certified lab if reclamation/recycling methods are utilized for disposal.

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, sampling materials, and other items and non-personal services necessary to sample and remove all equipment listed in this contract, ancillary temporary storage containers, clean up materials, and PCB oil located within the equipment listed within the Norfork Lake Power Plant Switchyard in accordance with all local, state, and Federal regulations. The Contractor shall package and label all PCB as required by EPA and DOT regulations and dispose of off Government property in accordance with EPA, DOT, and local regulations at an approved permitted site. All equipment is currently not in use and is disconnected and stored in the Power Plant switchyard. The Government will not provide any equipment, manpower, or materials for this contract.

1.2. Background: The Norfork Lake Power Plant and Dam was constructed in the 1940’s. Many electrical components have been replaced due to aging and duration of use. The older components now must be disposed of properly and in accordance with all Federal, State and Local laws. Some contain PCB oils which must be handled and disposed of correctly and properly by all legal and environmental standards.

1.3. Objectives: Removal of Equipment with Oil from Norfork Lake Power Plant Switchyard.

1.4. Scope: This specification covers the requirements for the proper removal and disposal of (6) Capacitor Devices, (3) Breaker Bushings, (3) Large Base Transformers, (6) Transformers with Top Oil Reservoirs, (21) Small/Medium Base Transformers, and (1) 55 Gallon Steel Drum. The Contractor will be responsible for proper sampling, labeling, completing and filing of all associated documentation, disposal and shipping documents, according to all local, state and Federal regulations. The Contractor must obtain current (less than one year old) PCB analytical results from a state certified lab verifying levels of contaminant below 50 ppm/PCB if utilizing reclamation/recycling disposal methods. Items verified to exceed this threshold must be properly disposed of at an EPA approved disposal facility that is licensed to treat and store PCB-contaminated equipment, oil and materials.

The purpose of the contract is sampling and proper disposal of all equipment, ancillary temporary storage containers, clean up materials, and PCB oil located within the equipment listed and the oils listed within and to ensure that environmentally responsible treatment and disposal of PCB-oil is in strict accordance with all applicable Federal and State regulations and laws.

1.5. Period of Performance: The period of performance shall be 90 calendar days from the date of contract award.

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 QCP plan will be submitted prior to start of work.

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: Work will not be performed during the following 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 7:30 am to 4:30 p.m., Monday through Thursday, excluding holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Work at the project shall be performed during these hours, unless prior arrangements are made with the Project POC. 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.

Norfork Lake Power Plant: Primary POC: Terry Madden (870)-499-5391.

Alternate: Tom Gibson (499) 499-5391.

Project: ECC POC: Mark Eddings (501)-340-1401.

Project: Operations Project Manager: Mark Case (501) 340-1436 Staff Accountant: Kimberly K Whitley (501) 340-1328

1.6.5. Place of Performance: The work to be performed under this contract will be performed at Norfork Lake Power Plant and Dam near Salesville, Arkansas. The address to the Norfork Lake Power Plant is 1487 Highway 177 South, Salesville, AR 72653. The equipment and PCB oil is located in the Power Plant Switchyard area. Contractor is responsible for ensuring packaging is proper to transport and all containment of equipment, oils and other materials used is adequate and performed properly. Access to the Power Plant parking lot will be via a government maintained roadway.

1.6.6. Type of Contract: The government will award a Firm Fixed Price Contract.

1.6.7. Payment: Payment will not be made until certificates of destruction or returned manifest with final disposition of equipment/oil is received by the project office.

1.6.8. PHYSICAL Security: The Contractor shall be responsible for safeguarding all government equipment, information and property provided for Contractor use.

At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.9. Key Control: The Contractor shall have access to government facilities without need for keys. Contractor shall coordinate all work with Power Plant personnel for access to the facility. The Contractor will not have access into the Power Plant compound or facility unless a Government employee is present.

1.6.10. Special Qualifications:

Federal and State Agencies and Regulations.

The latest sections, additions, and addenda of the following government regulations, codes, standards and recommended practices form a part of this Contract. All work in this contract must be permitted work conforming to these requirements, but not limited to the following:

Department of Transportation (DOT) - Hazardous Materials Transportation Act (HMTA) Regulations for transportation of hazardous materials (49 CFR Parts 100- 185 and Parts 300-399).

Department of Transportation (DOT) - Hazardous Materials Transportation Act (HMTA) Regulations for transportation of hazardous materials (49 CFR 172).

Occupational Safety and Health Administration (OSHA) - Occupational Safety and Health Act, 29 CFR Parts 1910, 1915, and 1926.

Arkansas Department of Environmental Quality (ADEQ)

Arkansas Occupational Safety and Health Administration (AR-OSHA).

US-Environmental Protection Agency (USEPA) Toxics Substance Control Act (TSCA), 40 CFR 761 and 40 CFR 763, U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM) 385- 1-1 (2008); Environmental Compliance Policy, ER 200-2-3 (2010)

Contractor Responsibility. The Contractor is responsible for ascertaining the extent to which these regulations affect the operations resulting from this solicitation and to comply therewith. The Contractor shall meet all of the applicable regulations as well as all provisions outlined in this contract.

1.6.11. 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.

1.6.11.1 Submittals

Prior to Commencement of Work The Contractor shall furnish to the Contracting Officer, for approval, the following items:

a. Written proof that the Contractor has current licensing for transporting and hauling PCB fluids.

b. Written evidence affirming that the Contractor owns and operates an EPA approved disposal facility that is licensed to treat and store PCB-contaminated equipment, oil and materials.

c. Spill Prevention, Cleanup and Containment Plan.

d. All required security clearances and /forms.

1.6.12. 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.

1.6.13. This is a Security Level One, Table A 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.

mailto:m4xslceswlcontracts@usace.army.mil

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 http://www.dhs.gov/e-verify http://www.opm.gov/forms/pdf_fill/of306.pdf 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 http://www.opm.gov/forms/pdf_fill/sf85.pdf http://www.opm.gov/forms/pdf_fill/sf86.pdf

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

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/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.

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 Thursday, unless specified otherwise.

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…