A.01.30_PWS_RSO_IDIQ-TSI-Wildlife-Herb2.pdf

Lee Kirkpatrick

U.S. ARMY CORPS OF ENGINEERS| 1598 LOCK AND DAM ROAD, RUSSELLVILLE,

ARKANSAS 72802

PERFORMANCE

WORK STATEMENT

LAKE DARDANELLE AND OZARK LAKE - RUSSELLVILLE SITE

OFFICE – IDIQ CONTRACT FOR TIMBERSTAND IMPROVEMENT,

WILDLIFE HABITAT MANAGEMENT, AND HERBICIDE

APPLICATION FOR INVASIVE SPECIES MANAGEMENT

US ARMY COPRS OF ENGINEERS

LITTLE ROCK DISTRICT

RUSSELLVILLE SITE OFFICE

Lake Dardanelle and Ozark Lake - Russellville Site Office – CESWL-OP-KR TSI, Wildlife Management, and Herbicide Contract

TIMBERSTAND IMPROVEMENT, WILDLIFE MANAGEMENT, AND HERBICIDE

TREATMENT

LAKE DARDANELLE AND OZARK LAKE RUSSELLVILLE SITE OFFICE

Part 1

General Information

1. GENERAL: This is a non-personnel services contract to provide for herbicide treatment for Russellville Site Office. 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 timberstand improvement applications, wildlife management, and herbicide treatments for Russellville Site Office, 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: The Arkansas River is a multipurpose navigation system. It was developed and is maintained for power generation, industrial towing traffic, and recreational purposes. Lands belonging to the US Army Corps of Engineers on Lake Dardanelle and Ozark Lake of the MKARNS Project, Russellville Site Office, Russellville, Arkansas. For the purpose of this contract the line items have been separated based on management implementation/application type.

1.3 Objectives: The Contractor shall provide forestry and wildlife treatment services as per the specifications, drawings, exhibits, and schedules at MKARNS, Russellville Site Office, on Lake Dardanelle and Ozark Lake. Service standards consist of the following.

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. Timberstand improvement practices (hack and squirt, prescribed fire, invasive species removal, understory management), food plots, mowing (brushogging), and herbicide applications shall be applied to reduce competition in forest stands, to remove invasive species, increase wildlife habitat, and kill unwanted vegetation in specified areas in accordance with the specifications of this scope of work.

1.4 Scope: The Contractor shall furnish all necessary management, supervision, inspection, labor personnel, materials, supplies, parts, tools, equipment, fuel, transportation, and vehicles to perform duties associated with both aerial/ground herbicide application, mowing, timberstand improvement, prescribed fire, and preparing/planting wildlife food plots, necessary to assure that all services are performed in accordance with the contract specifications, drawings, attachments, and exhibits, and all applicable laws, regulations, codes, or directives. 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.

1.4.1. Period of Performance: The period of performance shall be for one (1) Base year up to 12 months and two (2) 12-month option years as follows. The period of performance shall begin when the notice to proceed has been given by the Government.

The Contractor shall have a period to complete the job with the exception of weather delays, holidays, and/or weekends. Any other delays will be given or approved by a government representative.

Base Year - 1 June 2019 or date of award whichever is later through 31 May 2020 Option Year I - 1 June 2020 through 31 May 2021 Option Year II - 1 June 2021 through 31 May 2022

1.5 Safety/Environment: Comply with all Federal, state, and local environmental and occupational safety laws, rules, and regulations. 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 their 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.

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. 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 Russellville Site 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 the notification to begin services, the Contractor shall complete all required services within the time periods shown on the work orders. 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.

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.

1.6.1.1.1 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. Contractors Quality Control Procedures

6. Documentation of quality control activities

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

1.6.1.1.2 QC Inspection system: An inspection system covering all the services listed on the Performance Requirements Summary, must specify the areas to be inspected on either a scheduled or unscheduled basis, how often inspections will be accomplished, and the name and title of the individual(s) who will perform the inspection. It must specify the methods and procedures for identifying and preventing a cleanup service deficiency before the level of performance has become unacceptable.

1.6.1.1.3 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.

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.

1.6.3 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).

1.6.3.1. The contractor’s work will be inspected within 3 days of the time for completing the work as identified in the contractor’s schedule. If the work has not been performed, or has not been performed satisfactorily, the inspector will notify the contractor of that fact within one working day of the inspection. Work may be performed or re-performed within 4 working days of notice of nonperformance or unsatisfactory performance. If the contractor fails to perform or to re-perform work within 4 working days of notice of nonperformance or unsatisfactory performance, the contractor has failed to promptly perform the services again, and the defects cannot be corrected by reperformance.

Deductions will be made for nonperformance or failure to reperform.

1.6.4 Recognized Holidays: The contractor shall not be required to work on any of the following Holidays or weekends.

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

1.6.5 Hours of Operation: The contractor is responsible for conducting business, between the hours of 7:30 a.m. to 4:00 p.m. Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.6 Schedule of Work: The contractor shall submit and obtain approval of required documentation as identified in Technical Exhibit 2 prior to commencing work. The Contractor shall commence work to provide services on the date specified on the written order or within the required start time after receipt of telephone order in emergency situations. Work Order will indicate areas where services are required. Work shall be completed within the time limits stated on the delivery order, work order, or agreed upon schedule unless previously authorized by the COR. In case of inclement weather, additional work days may be allowed.

1.6.6.1 The Contractor shall develop a work schedule identifying all contract work and locations. The Contractor shall submit the work schedules to the COR for review and approval prior to beginning work. The Contractor’s schedule shall include all items of work required by the delivery order or work order. It shall set forth the item of work, locations, and the time/date of beginning and completion. The work schedule shall not be changed without the written approval of the COR.

1.6.6.2 When the Contractor cannot complete services due to construction debris or Government interference, the Contractor shall perform services within reasonable distance of obstruction and report in writing to the COR the reason for failure to complete the service within 24 hours (verbal notification should be made within 4 hours). The report shall identify type of interference, location and date of interference.

1.6.6.3 Work delays due to federal holidays, inclement weather, and/or other causes beyond the Contractor’s control will not constitute any requirement not being completed as specified herein. When the Contractor experiences delays due to circumstances beyond his control, the Government may allow the Contractor to work additional hours beyond normal duty hours (7:30 a.m. to 4:00 p.m., Monday through Friday) and on non-scheduled days, i.e. federal holidays, and weekends, with prior approval from the COR on a case by case basis. In the event that weather or other conditions, over which the Contractor has no control, prevent the Contractor from completing an item of work as required by these specifications, the Contractor shall notify the COR of such conditions as soon as they arise. The Contractor may request a weather time extension.

1.6.7 Place of Performance: The work required under this solicitation will be located within any park or other managed area under the jurisdiction of the Russellville Site Office. Enclosed are maps of various locations for an estimation and is provided for informational purposes. It is necessary for the contractor to visit each site and bid the job based on their knowledge and experience. All acreages are approximate and should be field verified by the contractor.

1.6.8 Type of Contract: The Government will award an Indefinite Delivery Indefinite Quantity Contract. This contract type provides a not to exceed (NTE) estimate of the work required to be performed over the contract period. The actual quantities of services ordered under this contract may be significantly less 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.

1.6.9 Security Requirements: The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use, and must maintain the level of security required for the life of the contract.

1.6.9.1 Security Requirements Level (I).

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.

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 mailto:m4xslceswlcontracts@usace.army.mil

(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).

http://www.dhs.gov/e-verify

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

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

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

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

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

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

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

Box 867, Attn: Security, Little Rock, AR 72201. Use of the commercial delivery service such as Federal Express or UPS shall use following address: US Army Corps of Engineers, Attn:

Security Office, Suite 6116, Little Rock, AR, 72201.

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

(c) CSE will have a background investigation requested by the

SWL-DSO. The CSE will receive an email from PSI-COE with a link to complete the SF 85 online through e-QIP. It is the CSE’s responsibility to read each email thoroughly and complete all tasks given by PSI-COE to ensure the investigation will not be terminated. The CSE will receive an information email stating no further documentation or revisions are required. See Standard Form (SF) 85 for required data input information at http://www.opm.gov/forms/pdf_fill/of306.pdf http://www.opm.gov/forms/pdf_fill/sf85.pdf. This is to be used as a guide (only) when completing the online equivalent and submitting direct to OPM.

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

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

d. Multi-Level Security Requirement. (Processing time varies) This level requires the use of “escorts”, which shall be provided by the contractor.

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

3. Personnel Security Investigation Package Transmission

Mailing Address:

USACE SWL

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

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

(1) Contract Number and Title

(2) Contracting Officer’s representative name, office number, and cellular number http://www.opm.gov/forms/pdf_fill/sf85.pdf http://www.opm.gov/forms/pdf_fill/sf86.pdf

(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.

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

1.6.9.4 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

1.6.10 Special Qualifications: Contractor must be able to identify plant species including native, non-native, and invasive species in Arkansas. Contractor must be knowledgeable of forest silviculture practices that are involved in timberstand improvement, herbicide, and prescribed burning (Rx). The burn boss must be qualified as an RxB2, or his/her agency equivalent, and is a certified burn boss according to state regulations. The burn boss must have led burns of similar complexity, in the same fuel type, and be on site during the Rx burn. The contractor shall be knowledgeable and properly trained on equipment operation and herbicide application, both aerial and ground, for the use of broadcasting and spraying herbicides to kill unwanted trees or vegetation. Contractor shall show proof of being certified and licensed by the State of Arkansas. The Contractor shall, at his/her own expense, obtain any licenses, permits, insurances 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.

1.6.11 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.

1.6.12 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 Key Personnel: The follow personnel are considered key personnel by the government: The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 7:00 a.m. to 4:30p.m, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. This individual may also serve as a Quality Control Inspector and be a working member of a crew, provided that job performance in each category is maintained at an acceptable level to the COR. 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 Contract Manager and Quality Control Inspector shall be required to have a copy of the contract in their possession at all times for referral concerning questions of Contractor responsibility.

1.6.14 Daily Communication: The Contractor must communicate daily with the designated Government representative assigned to this contract between the hours of 8:00 and 9:00 a.m. Monday through Friday, excluding Federal Holidays while work is being performed. 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.

1.6.15 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.

1.6.16 Contract Employees’ Conduct and Competency: All contract employees and subcontractors shall conduct themselves in a proper manner at all times. Since the majority of work will be performed in the presence of the general public, the conduct of all employees and/or subcontractors is critical and will be closely monitored. No alcoholic or intoxicating beverages, illegal drugs, controlled substances or drugs not prescribed by a physician shall be possessed or consumed while on duty.

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

1.6.18 Environment and OSHA: Comply with all Federal, state, and local environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such Federal, State, or local laws, rules, and regulations and compliance with the requirements of the contract shall be immediately brought to the attention of the Contracting Officer or the COR for final resolution. The Contractor shall notify the Contracting Officer or COR in writing in addition to any verbal notification of such conflicts. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such Federal, State, or local laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for Contracting Officer or COR to halt any and all Contractor performance with a commensurate deduction of monies due the Contractor until such unsafe conditions are corrected. Take due caution not to endanger personnel during performance of this contract. Access for inspections shall be granted upon request.

1.6.18.1. The Contractor will be responsible for providing a list of chemicals, product labels, Material Safety Data Sheets or Safety Data Sheets (MSDS or SDS), and proposed application rates of all products proposed for use to the COR for review within two weeks of award of the contract. Changing conditions or other factors may result in the Contractor’s desire to use chemicals other than those previously submitted and approved by the COR. The use of other chemicals in combination with, or instead of those previously approved must be approved by the COR at least thirty (30) working days prior to their use. MSDS sheets shall be maintained according to OSHA standards 29 CFR 1910.

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

1.6.19.1 Accident Prevention Plan and an Activity Hazard Analysis: Before work begins, the contractor is required to develop an Accident Prevention Plan, Safety Plan, and an Activity Hazard Analysis in accordance with EM 385-1-1. This plan is to address all phases of work within the bounds of government property with specific attention towards the identification of potential hazards associated with each individual work phase and must be submitted before any work begins. The safety plan shall include, but not be limited to the following: Requirements for wearing or utilizing personal safety equipment and apparel; Procedures for handling, reporting, and correcting unsafe conditions, practices, and safety violations as well as procedures for handling herbicides in accordance with product label requirements (transport, mixing, spraying, and disposal of bags and containers, etc.).

1.6.19.1.2 Job hazard analyses: shall include an evaluation of hazards that might be encountered for an operation, and proposed methods and techniques for accomplishing each job in a safe manner. Contractor personnel shall be thoroughly indoctrinated with job hazard analyses. Initially, the safety plan shall include, but not be limited to, job hazard analyses for the jobs listed below. However, the contractor shall prepare additional analyses as the need arises and/or as the COR directs. Job hazard analysis directed by the Contracting Officer shall be submitted for approval within one (1) week.

An example of a job hazard analysis is given in Exhibit 2.

1.6.19.1.3 First Aid Certifications. A First Aid Training Certification Card is required for all contract personnel involved in field work. A CPR Training Certification Card is required for contract personnel when operating with more than one person at a time.

1.6.19.1.3 Safety Meetings. A safety meeting shall be conducted prior to initiation of work. Employees of the contractor and subcontractor, if applicable, shall attend safety meetings. A report of safety meetings shall be furnished the COR each time a meeting is held. The report shall include the following information: Date, location, and names of persons attending, safety items discussed, and persons who conducted the meeting.

1.6.19.1.4 Safety Violations. If a contractor's employee persists in not following the safety requirements of this specification or the contractor's safety plan, the employee shall be permanently discharged upon the request of the Contracting Officer.

1.6.19.1.5 Personal Protective Equipment (PPE).

Adequate PPE will be worn at all times while conducting contract services. All individuals involved in contract operations shall be dressed fully to include shoes, pants, and shirts. All of the Contractors’ operations, personnel and equipment are to comply with the Corps of Engineers Safety Manual, EM 385-1-1.

1.6.19.1.6 Accident Reports.

1.6.19.1.7. The Contractor shall maintain an accurate record of, and shall report to the Contracting Officer's Representative, all incidents and accidents within 24 hours of the occurrence, and all serious accidents (those resulting in death or injury requiring medical attention) shall be reported immediately.

1.6.19.1.8 The contractor shall investigate all accidents involving contractor or subcontractor employees that result in death, traumatic injury, occupational disease, or damage to property, materials, supplies and equipment incidental to work performed under this specification. The results of investigations shall be reported to the Contracting Officer immediately and in writing on ENG Form 3394, Accident Investigation Report, within one (1) workday following the accident.

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

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

1.6.19.4 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.

1.6.19.5 The Contractor shall immediately correct all safety deficiencies upon notification of the deficiencies by the Quality Assurance…