A.01.30_PWS_New_3_Year_IDIQ_Tree_Maintenance_FY19.pdf

PERFORMANCE WORK STATEMENT

IDIQ Tree Maintenance Beaver Lake Project

Part 1

General Information

1. GENERAL: This is a non-personnel services contract to provide tree maintenance services for the Beaver Lake Project. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform tree maintenance services as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: Beaver Lake Project is a multi-purpose power generation, flood control and municipal water supply project. Beaver Lake Dam is located at river mile 609 on the White River in Benton, Washington and Carroll Counties, Arkansas, about 10 miles west of Eureka Springs, Arkansas. The lake extends southwesterly along the White River some 70 miles and covers approximately 28,220 surface acres, at the top of conservation pool. The Beaver Lake Project Office is responsible for operation and maintenance duties at the Beaver Lake Project Office, Office Compound and 10 recreation areas around Beaver Lake.

1.3 Objectives: To perform tree maintenance services as specified in this PWS.

1.4 Scope: The Contractor shall furnish all necessary management, personnel, materials, supplies, parts, tools, equipment, transportation costs, fuel and vehicles, except as otherwise provided for herein, required to perform tree maintenance service within the area of responsibility of the Beaver Lake Project Office as specified and in strict accordance with all terms, conditions, general and special contract requirements, clauses, specifications, drawings, attachments, exhibits, contained herein or incorporated by reference. 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 with its own personnel, volunteers or other resources. It is the intent of the Government to implement this contract to the Prime when CLIN pricing is deemed fair and reasonable and workmanship is considered satisfactory.

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- 1 June 2019 or the date of contract award whichever is later through 31 May 2020 Option Year 1- 1 June 2020 through 31 May 2021 Option Year 2- 1 June 2021 through 31 May 2022

1.6 General Information

1.6.1 Quality Control (QC) In order to assure that the desired level of performance of a service is achieved, the contractor shall establish and implement a quality control plan to ensure contract compliance, establish procedures for inspection and monitor and control the quality of the service. The QC Plan shall include the identification of all contractor personnel, organizational structure, lines of authority and services to be performed. Contractor shall provide a Daily Quality Control Inspection schedule to the Government Representative to determine if services meet the contract requirements and specifications. It is the contractor’s responsibility to correct deficiencies and check the consistency of quality throughout each service, and the plan shall outline whatever actions the contractor deems necessary to provide contract standards for quality control throughout all areas of responsibility. The Quality Control Plan shall be submitted to the COR at the Beaver Lake Project Office. An electronic copy of the plan must be submitted and accepted within 2 weeks of award of the contract. Revisions of the QCP shall be submitted to the COR within 5 working days when changes are made thereafter. After acceptance of the quality control plan the contractor shall receive the COR’s acceptance in writing of any proposed change to his QC system.

1.6.1.1 Contractor Quality Control Plan (CQCP): The contractor shall assume full responsibility for the quality of all services performed under this contract. The contractors’ quality control plan shall provide an effective level of quality control to ensure that all services are performed in accordance with the specifications and requirements, instructions, provisions, drawings and maps herein, of this contract. The contractor shall establish and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

1.6.1.2 CQCP Contents: Contractors Quality Control Plan shall include, as a minimum, the following items:

1. Contractor organizational structure

2. Contractor personnel and qualifications

3. Work schedule

4. Submittals schedule

5. Inspection requirements and schedule

6. Contractors Quality Control Procedures

7. Documentation of quality control activities

8. Requirements for corrective action when quality control and/or acceptance criteria are not met.

1.6.1.3 Daily Quality Control Inspections/Reports: Daily QC inspections shall be conducted by the contractor and corrective action(s) shall be taken to address noted deficiencies observed by QC. A record of all daily inspections conducted by the contractor and necessary corrective action taken shall be prepared. Daily reports shall detail the inspection methods and procedures that were utilized to assure that all required services produced an end product that complies with the Specifications and requirements of the contract. The contractor shall establish a Daily Quality Control Inspection schedule, listing parks/services to be inspected, routes, times, and the person’s name performing the service. The contractor shall provide to the COR a written daily quality control inspection report for each daily service performed. All reports shall be completed daily and submitted on a weekly basis by email, no later than 02:00PM on Friday, to COR.

The written quality control reports shall contain the following items as a minimum:

a. Contractor's name.

b. Service date, starting time and ending time.

c. Contract, Delivery Order, and Work Order numbers.

d. Statement and description of services performed.

e. Location of services performed.

f. Description of services not performed and reasons for non-performance.

g. Certification Statement that all services performed was in accordance with the specifications.

h. Accidents/damages to Government property.

i. Man-hours worked on Government property.

j. Signature of the contractor's quality control representative.

1.6.2 Quality Control Manager: The contractor shall designate in writing a quality control manager with full knowledge of the contract specifications/standards, this individual is required to have a copy of the contract in their possession at all times for referral concerning questions of contractor’s responsibility. The contractors’ quality control manager shall be present and available whenever work is being performed, and shall have full authority and power to act for the contractor on items pertaining to overall work performance, management, coordination, and supervision to assure that job performance in each category meets the contract specifications and requirements. Designated individual(s) will be the primary point of contact with the Government Representative for the performance of services and is responsible for communicating all completed services, delays, failures, and remedies in timely manner to avoid an inspection failure that could result in a deduction of payment for that service.

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: the contractor will not be required to work on the following federal 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 7:00 AM and 5:00 PM 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 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 parks and recreation areas, the Beaver Project Office, Beaver Power House, and all other areas under the area of responsibility of the Beaver Lake Project Office.

1.6.6 Type of Contract: The Government will award an Indefinite Delivery Indefinite Quantity Contract (IDIQ). This contract type provides an 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 or possibly more than the 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 or more than shown. Variations in these estimated quantities shall not be justification for or request for additional payment. The guaranteed minimum for this contract is 3% for the base year and for each option year that is exercised.

1.6.7 Security Requirements (Level II): All Contractor and Subcontractor Employees (CSEs), regardless of citizenship status, working under this contract and/or applicable task orders shall obtain favorable adjudication of their individual security screening/background investigation by the SWL-District Security Officer (DSO) and must present documentation (see paragraph 3.) to prove citizenship and identity.

b. Background check/investigation disqualifying factors include: Any felony conviction, or misdemeanor conviction within the previous five years for a crime of violence, drug use/possession, theft or fraud.

c. If an individual’s record check and/or background investigation reflects a history of conduct that involved questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations, the determination shall be made that the individual’s presence onsite, supports an unacceptable risk-judgment, being issued by the SWL-DSO.

d. Security protocols dictate CSEs that have not completed the requirements of paragraph

2. And 3, shall not be allowed on the site unescorted. Advance coordination with the Contracting Officer’s Representative (COR) and DSO is required for escort of uncleared CSE’s.

2. Personnel Security Investigation Package.

a. Prime Contractors shall submit the following package for each CSE to the COR within three (3) working days after Notice to Proceed is issued, OR a minimum of ten (10) working days prior to the date the Prime Contractor requests unescorted access for a CSE in and/or around all District facilities.

b. An SWL Form 487 Contractor Required Information Form.

c. An original Optional Form (OF) 306 with CSE signature as Appointee.

d. A copy of the USACE-Little Rock District National Background Screening Consent/Release Form (credit card information blackened out) that was submitted to SSCI by the contractor at the contractor’s expense.

e. The investigation package shall 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 Phone Number and Cellular Number.

(3) CSE’s Full Name and Contact Information.

(4) Prime Contractor Name, Address, and Telephone Number (IF

APPLICABLE).

(5) Security Investigation packages shall be forwarded by the COR to the SWL- DSO for processing and adjudication. Incomplete forms, illegible forms, etc., shall be returned for correction and shall delay the CSE from beginning work.

(6) If there is any change in personnel (whether an addition or replacement) at any given time, throughout the duration of the contract, those new personnel must be vetted and approved by the SWL-DSO, IAW the requirements contained herein, prior to being granted any access to any USACE property.

3. Access Approval.

a. The DSO shall notify the COR that the CSE has fulfilled the initial requirements for a Temporary or Permanent Approval to begin work. If the DSO determines that a CSE shall require fingerprints, the DSO shall provide on-site fingerprinting once per contract, or when a contractor has a minimum of five CSEs requiring fingerprinting. Alternate sites may be used providing the fingerprints are taken electronically, printed on a Standard Fingerprint Form FD- 258 and forwarded to the DSO for processing. This shall increase processing times by up to ten

(10) working days.

b. If fingerprint requirements (ref. paragraph 3.a) apply, then each CSE shall be subject to fingerprinting at the worksite by DSO personnel. Refusal to be fingerprinted shall be grounds for immediate removal from the site.

c. Approval for site entry: Each CSE shall have in their possession the written approval by the Government to begin work, and one (1) of the following forms of identification:

(1) Driver’s License/ID Card issued by a state, or outlying territory, of the U.S.

Government.

(2) ID Card issued by federal, state, or local government agency/entity with photograph.

(3) U.S. Passport (current).

(4) In addition to one of the forms listed above, each short term CSE shall have their original social security card, and one of the following original citizenship validating documents in their possession on the CSE’s first day on site:

(a) U.S. Birth Certificate.

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

(c) U.S. Certification of Naturalization.

(d) FS-545, Certificate of Birth Abroad.

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

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

(5) Final Government approval/disapproval may occur IAW paragraph 3.

(above) WITHOUT fingerprinting, however in the event that fingerprinting is required the following applies: Final Government approval/disapproval shall normally be provided within five (5) working days after electronic fingerprints have been submitted by the DSO. Note: This is an estimate based upon many factors involved in the process of transmitting, receiving, and adjudicating electronic fingerprints. All approvals, approvals with restrictions, or disapprovals provided by the Government shall be considered final, with no appeal rights for the contractor or the individual under review.

Note: The DSO shall be given five (5) days advance notice to be On-Site to collect fingerprints.

CSEs shall not be permitted to access the site until approved by the DSO.

4. Forms and Attachments.

a. The USACE-Little Rock District National Background Screening Consent/Release Form shall be provided by the COR upon award of contract. The contractor shall fax a completed copy of the USACE-Little Rock District National Background Screening Consent/Release Form to SSCI at 1-866-996-1292 and include a copy in the security investigation package (credit card info blackened out). Information pertaining to SSCI can be located at the following web address:

http://www.ssci2000.com. Payment for the preliminary background investigation is the responsibility of the contractor.

b. A typed OF-306 shall be included in the security package, affixed with original date and signature as an appointee. The OF-306 shall be provided by the COR or may be found at the following web site: http://www.opm.gov/forms/pdf_fill/of0306.pdf.

c. The SWL Form 487, Contractor Required Information Form, shall be provided by the COR upon award of contract. The contractor shall provide a separate typed District Contractor Required Information Form for each CSE to the DSO the first day the CSE is on-site while CSEs are being fingerprinted (if fingerprints are required).

d. Additional Vetting/Screening. It is important to understand, that in our ever changing world, the above requirements can not possibly account for 100% of all potential circumstances.

At any given time, personnel may be subject to additional scrutiny, on a case by case basis, at the discretion of the DSO.

5. Mandatory Training and other Requirements for all Contractor/Subcontractor Personnel.

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

b. In modern times, 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 http://www.ssci2000.com/ http://www.opm.gov/forms/pdf_fill/of0306.pdf 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!”

c. The contractor and all associated sub‐contractors shall 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 shall be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after contract award.

d. Give as many details as you can and report, at a minimum, the following:

(1) What you witnessed including the date, time and location?

(2) Description of who was involved?

(3) Male or Female?

(4) Height, build, hair/skin color, and age?

(5) English speaking or otherwise?

(6) Vehicle description /license number?

(7) Have you seen this activity before?

e. How to report:

(1) In an emergency – call 911.

(2) Notify your immediate supervisor and COR.

6. Other Requirements: Pre-screen candidates using E-Verify Program (AT/OPSEC Cover Sheet, pg. 2, Section G, 15).

a. The US Army Corps of Engineers is a federal organization, wholly committed to observance of, and compliance with, all federal, state, and local laws, governing prerequisites for persons meeting established employment eligibility requirements.

b. The Contractor must pre‐screen Candidates using the E‐verify Program (http://www.dhs.gov/E‐Verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification, in order to ensure the correct information is entered into the E‐verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

1.6.7.2 Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

1.6.7.2.1. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.6.7.2.2. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.6.8 Special Qualifications: N/A

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:

the contractors Quality Control Manager and alternate Quality Control Manager. The contractor shall provide a Quality Control 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 contractor is absent shall be designated in writing to the contracting officer. The Quality Control Manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The Quality Control Manager or alternate shall be available between 7:00 AM and 5:00 PM Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. Qualifications for all key personnel are listed below For the purpose of this contract, it is intended that these shall be administrative positions whose responsibility is to ensure compliance with contract specifications. The Quality Control Manager or alternate shall be required to have a copy of the contract in their possession at all times for referral concerning questions of Contractor responsibility. In addition, the Contractor shall designate a responsible employee to act as work leader, and to complete a daily activity report.

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. During periods of increased government security, the contractor may be required to provide employees with id badges.

1.6.13 Daily Communication: The Contractor must communicate daily with the designated COR assigned to this contract between the hours of 8:00 and 9:00 a.m. Monday through Friday, excluding Federal Holidays when a delivery order has been awarded and work is ongoing.

Communications shall cover work accomplished, ongoing work and issuance of new work orders and/or delivery orders. Daily communication is extremely important and must be either by telephone or E-mail; although, in-person visits may be required in order to exchange or discuss paperwork associated with the performance of this contract.

1.6.14 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 provide ball caps/hats or shirts with the company name or logo to be worn by all employees and subcontractors while working on public recreational areas.

1.6.15 Employee Conduct: All individuals involved in providing services under this contract shall not be under the influence of drugs or alcoholic beverages. The Contractor shall, at all times, be responsible for the conduct and discipline of his employees and all subcontractors and their employees. Contractor personnel shall present a neat appearance and shall conduct themselves in a proper manner at all times while in the performance of this contract. All individuals involved in providing services shall be dressed neatly and fully to include shoes, pants, and shirts with sleeves that shall be closed or buttoned. Personal Protective Equipment shall fully comply with the current edition of EM-385-1-1 at the time of award. Since a significant portion of the work will be performed in the presence of the public, the conduct of all employees and/or subcontractors is critical and will be closely monitored.

1.6.15.1 Removal of Contractor's Employees: The Contracting Officer may require the Contractor to immediately remove from the work site any employee who endangers persons or property, disrupts the project, or whose physical or mental condition would impair the employee's ability to satisfactorily perform the required work. Notification to the Contractor will be verbal and in writing if time and circumstances permit. Otherwise, notification shall be verbal or by telephone, and shall be in writing as soon as possible. No such removal, however, shall reduce the Contractor’s obligation to perform all work required under this contract, and immediate replacement shall be made as required. This requirement shall not be the basis of any claim for compensation or damages against the Government.

1.6.16 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 effect 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.

1.6.17 Safety Requirements: All work under this contract shall be performed in accordance with safety requirements set forth by OSHA and the Corps of Engineers Manual, EM 385-1-1, entitled "Safety and Health Requirements Manual", a PDF copy of this manual can be provided to the contractor upon request. There is also an EM 385-1-1 mobile app that can be downloaded from the app store if the contractor so chooses. Particular emphasis shall be placed on the contractor’s accident prevention plan. A basic outline for this plan can be found in the manual. Special emphasis should also be placed on sections titled Personal Protective Equipment and Tree Maintenance and Removal. 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 proper correction 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. No additional payment shall be made for work not performed as a result of work stoppage due to failure to comply with safety requirements.

1.6.17.1 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.

1.6.17.2 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.

1.6.17.3 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.

1.6.17.4 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.

1.6.17.5 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.

1.6.17.6 The Contractor shall survey the work areas for hazardous conditions. The Contractor shall flag, mark, or identify and report to the COR any hazardous areas that he/she discovers. The Contractor shall determine and use alternate methods and equipment to perform work in these areas in a safe manner.

1.6.17.7 The Contractor shall conduct safety meetings with all personnel before each hazardous tree 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. When a new employee is hired, the Contractor shall furnish a statement that the new employee was briefed on safety procedures.

1.6.18 Payment: The Contractor shall submit an invoice for completed and approved work.

Deductions shall be made for work not completed or performed or not performed satisfactorily.

The total number of hours worked on each delivery order for the month shall be listed on the invoice. No payment shall be processed without this information reported. The Contractor will be paid for completed and approved work accomplished after submittal of an invoice (See Technical Exhibit 8). The Contractor will furnish a copy of the invoice to the COR at the Beaver Project Office.

1.6.19 Lost and Found: All articles found by Contractor personnel to whom a reasonably prudent person would assign monetary, personal, or other value (including possible contraband items) shall be turned in to the COR. The Contractor shall obtain receipts for articles turned in to the

COR.

1.6.20 Contractor Recommendations: It is the intent of these specifications to provide a contract in accordance with the best industry standards. The Contractor may recommend alternative work methods that will improve the quality. If accepted, the Contractor, upon written approval, shall use those methods in executing the work of the contract. The Government has the prerogative to accept or reject the Contractor’s recommendation.

1.6.21 Changes to Frequencies or Quantities: The Government reserves the right, should it become necessary, to decrease or increase service frequencies or quantities in any or all parks or portions of parks. The Government may also, at any time during the duration of this contract, close any park or portion of a park and delete any subsequent services.

1.6.22 If parks/facilities or portions of parks/facilities are closed due to maintenance, winter closing, administrative decisions, or any other reason including observed Federal holidays or a government shutdown, work will not be requested and payment will not be made to the contractor for services not completed prior to closure.

1.6.23 Insurance Requirements:

1.6.23.1 Minimum Insurance: Any successful bidder under this solicitation shall procure and maintain the minimum insurance requirements during the entire period of the Contractor’s performance under this contract.

1.6.23.2 Comprehensive General Liability Insurance: Comprehensive General Liability Insurance for bodily injury is the minimum limit of $500,000 per occurrence. No property damage liability insurance is required.

1.6.23.3 Comprehensive Vehicle Liability Insurance: Comprehensive Vehicle Liability Insurance covering the operation of all vehicles used in connection with the performance of this contract is the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

1.6.24 Permits and Licenses: The Contractor shall, at their own expense, obtain any licenses or permits required to perform the contract. The Contractor shall comply with all current federal, state, and local laws and regulations and shall comply with any subsequent changes.

1.6.25 Other Contracts: The Government may undertake or award other contracts or have lessees, Government employees, or volunteers performing certain work, and the Contractor shall fully cooperate with such other Contractors, lessees, volunteers and Government employees. The Contractor shall not commit or permit any act that will interfere with the performance of work by another Contractor, by a lessee, by volunteers or by Government employees. The COR can alter the work schedules of the Contractor to avoid possible conflicts. Any such change or failure to make such a change by the COR shall not be the basis for a claim by the Contractor.

1.6.26 Title 36 – Rules and Regulations: While performing under this contract, the Contractor and his/her employees’ vehicle operation and conduct shall conform to Title 36, Code of Federal Regulations, and other applicable state regulations. Specifically, 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.

1.6.27. Required Performance Capability: Multiple services may be required on the same day in multiple areas for which the contract work order specifies. The Contractor must have sufficient labor, equipment, and supplies, to perform all specified services in a satisfactory manner on the specified dates.

1.6.28 Delivery Order: All work under this contract shall be ordered by issuance of Delivery Order (DD Form 1155, see Technical Exhibit 4). Delivery orders may be issued for Normal Service Calls, Emergency Service Calls, and Task Items. The Delivery Order shall list those items from the bid schedule that are to be performed or used to perform scopes of work. No work shall be performed without the Contractor receiving a hard copy of a Delivery Order.

1.6.29 Work Order: Work under this contract at times shall be ordered by issuance of Work Order. Work Orders may be issued for Normal and Emergency Service Calls, Unscheduled Hours, and Task Items from Delivery Orders. Work Orders will be used to define the work to be performed from the Delivery Orders, and may include completion dates earlier than the Delivery Order completion date. Only the Contracting Officer (KO) has the authority to issue a Delivery Order.

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, add to, modify 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.

2.2. 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 CQCP Contractors 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. Service: Not Applicable

3.2 Facilities: Not Applicable

3.3 Utilities: The Contractor may use water and electricity when and where it is available in the parks for work under this contract at no charge on an as needed basis: The Contractor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount.

3.4 Equipment: Not Applicable

3.5 Materials: Not Applicable

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Secret Facility Clearance: Not Applicable

4.3. Personnel: Contractor shall provide all personnel required to perform the work required in this PWS.

4.4 Equipment: Contractor shall provide all equipment required to perform the work required in this PWS. This includes all PPE required and safety features on equipment as specified in EM 385-1-1 for this type of work. The contractor shall not service or repair equipment on government property except for minor repairs such as changing tires.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The contractor shall provide services for tree maintenance services as specified in the following sections of this PWS. A major defect in this requirement shall be failure to perform satisfactorily in (1) one or more critical elements, or (2) two or more non-critical elements.

5.1.1 Performance of Work: (Critical Element) Contractor shall perform all work in accordance with contract specifications, drawings, attachments, and exhibits. Contractor shall comply with all local, state, and federal laws and regulations. Work shall be performed according to generally accepted quality standards and practices within the industry. See paragraphs 5.2 for IDIQ Tree Maintenance Tasks that are considered performance of work. Deduction will be made against the individual CLIN Price where the defect was found and not corrected.

5.1.2 Timeliness/Quality Control: (Critical Element) after the notification to begin services, the Contractor shall complete all required services within the time periods shown on the delivery order(s). When multiple orders are requested, Contractor may be required to perform orders concurrently, within specified time periods. Time extensions for unusual weather conditions may be requested by the Contractor and evaluated by the COR on a case-by-case basis. Contractor shall perform Quality Control (QC) inspections and ensure services are completed/performed satisfactory as described in the Quality Control Plan and in accordance with the PWS. Contactor shall submit QC reports as required in the PWS. Deduction will be made against the total delivery order amount if the defect is found and not corrected. If the defect is found in a Normal or Emergency Service Call, the deduction will be made against the individual CLIN price for the service call.

5.1.3 Safety/Environment: (Non-Critical Element) Comply with all Federal, state, and local environmental and occupational safety laws, rules, and regulations including storm water runoff.

If permits of any kind are required, contractor will be required to obtain necessary permits, licenses, and letters of certification at no additional expense to the Government. Contractor will be required to comply with all pertinent provisions of the current Corps of Engineer’s manual EM 385-1-1 and OSHA regulations. The contractor will provide at own expense, barricades, warning signs or other means as necessary to make pedestrians aware of hazards and also to prevent pedestrians from entering work areas, and also provide traffic control when necessary. A major defect in this requirement shall be evidence of a combination of (2) safety violations and/or environmental violations or more. Deduction will be made against the total delivery order amount if the defect is found and not corrected. If the defect is found in a Normal or Emergency Service Call, the deduction will be made against the individual CLIN price for the service call.

5.1.4 Work Site Clean-up: (Non-Critical Element) The Contractor must properly dispose of any litter generated by the Contractor (including but not limited to empty paint containers, lids, food/beverage containers/wrappings, etc.). At the end of each day the Contractor shall remove all sawdust, leaves and other debris from all sidewalks, curbs, paved roads, paved parking areas, concrete slabs and other structures affected by hazardous tree service operations. Debris may be spread uniformly in the adjacent grassy area. A major defect in this requirement shall be evidence of (2) sidewalks not being cleaned and/or (2) individual areas on paved roads, parking areas, concrete slabs, and other structures not being cleaned. Deduction will be made against the individual CLIN amount where the defect was found and not corrected.

5.2. Normal Service Call: The Contractor will include all labor, travel time and transportation costs to and from the work site, administrative costs, tools/equipment, and trips to obtain repair parts in the event of equipment breakdowns, overhead and profit to perform minor tree pruning/removals. This task item will be used to perform minor (non-emergency) tree maintenance work, areas of work include parks, recreation areas and all other areas under the Beaver Lake Project Office area of responsibility. Some examples follow, although contractor may encounter several different scenarios: removing large or small fallen limbs or small fallen trees, or other types of tree debris in various park areas. These pruning’s/removals require a maximum of two (2) hours Contractor provided labor and equipment on-site, (time starts at work site), at a specified park/location. Contractor must be onsite within 24 hours of notification by the government to perform this item. A task item, faxed, E-mailed or phone call to the contractor will specify the nature of the work task to complete and the location however; actual real time detailed information concerning the task item may be unknown. The Contractor will inspect the site, and commence work. A notification will be made to the Program Manager if the actual work had been completed or contained or if the task item will require work beyond the maximum time requirement and the need of additional specific line items are necessary to complete the task item.

An estimate will then be provided in writing by the contractor to the Program Manager for approval or guidance. The Contractor is not to continue performance beyond the maximum two hour limit without issuance of a job specific task order to continue work.