A.01.30_GF_Boundary_Maintenance_PWS_19.docx

PERFORMANCE WORK STATEMENT (PWS)

BOUNDARY MAINTENANCE – GREERS FERRY LAKE

Part 1 General Information

1. GENERAL: This is a non-personal services contract to provide boundary maintenance. 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 boundary maintenance 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: Greers Ferry Lake Project is a multi-purpose power generation, flood control and municipal water supply project. Greers Ferry Dam is located at river mile 79 on the Little Red River, a tributary of the White River, in Cleburne County, Arkansas, and is about two miles northeast of Heber Springs, Arkansas. The lake area extends in a westerly direction from the dam approximately 50 miles into Cleburne and Van Buren Counties, Arkansas. The Greers Ferry Project Office is responsible for operation and maintenance duties at the Greers Ferry Powerhouse, the Project Office, William Carl Garner Visitor Center, and 13 parks.

1.3. Objectives: Perform boundary maintenance services in a satisfactory and timely manner according to the performance work statement.

1.4. Scope: The intent of this contract is to provide boundary maintenance services at Greers Ferry Lake. The contractor shall furnish all necessary management, supervision, inspection, personnel, materials, supplies, parts, tools, equipment, transportation, and vehicles, except as otherwise provided for herein, necessary to assure that all services are performed in accordance with the contract specifications, drawings, attachments, exhibits, and all applicable laws, regulations, codes, or directives. The contractor shall accomplish work in a timely and satisfactory manner.

1.5. Period of Performance: The period of performance shall be for one (1) Base Year of less than 12 months and two (4) 12-month option years. The Period of Performance reads as follows:

Base Year – April 1, 2019 or date of award, whichever is later, through March 31, 2020 Option Year I – April 1, 2020 through March 31, 2021 Option Year II – April 1, 2021 through March 31, 2022 Option Year III- April 1, 2022 through March 31, 2023 Option Year IV- April 1, 2023 through March 31, 2024

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 Greers Ferry 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 contractor’s 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:

1.6.1.1.2 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 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. A record of all daily inspections conducted by the contractor and necessary corrective action taken shall be prepared (sample QC report in Technical Exhibit 8). 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 the Greers Ferry Project Office (email address: ceswl-gf-contract@usace.army.mil).

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

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

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 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. The quality control manager shall not be a working member of a crew performing any of the scheduled services to be inspected. 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 5 days of the time for completing the work as identified in the contractor’s schedule. Inspection will be conducted in 1 mile increments. The contractor shall notify the COR upon the completion of work for the day, all areas in which work has been accomplished and is ready for inspection by the Government as determined by the Contractor’s Quality Control Manager. 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 3 working days of notice of nonperformance or unsatisfactory performance. If the contractor fails to perform or to re-perform work within 3 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 re-performance. Deductions will be made for nonperformance or failure to re-perform.

1.6.4 Recognized Holidays: The Contractor is not required to perform services on holidays, except for in emergency situations or when approved in advance by the COR.

1.6.5 Hours of Operation: The contractor is responsible for conducting business, between the hours of 7:00 a.m. and 4:30 p.m. Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Work shall not be performed on Saturdays, Sundays, or Federal Holidays, except as approved in advance by the COR. 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 commence work upon submittal and approval of required documentation as identified in Technical Exhibit 2 and upon written notification from the COR. At a minimum, the contractor must complete 4 miles of boundary maintenance per week unless previously authorized by the COR. All work shall be completed between October 1st and March 1st of each year of the contract. 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 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 (from other contracts) 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 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 (7:00 a.m. and 4:30 p.m., Monday through Friday) 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 to be performed under this contract will be the boundary line of Greers Ferry Lake. Bidders are strongly encouraged to visit the work site to fully understand existing conditions and the scope of work required.

1.6.8 Type of Contract: The government will award a service contract.

1.6.9. Physical Security Requirements: The Contractor shall be responsible for safeguarding all government equipment, information and property provided for Contractor use.

1.6.9.1. 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 to the COR.

1.6.9.2. 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. All keys issued to the contractor shall be returned to the Government before the Contractor’s final invoice will be accepted and processed for payment.

1.6.9.3. 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.

1.6.9.4. The Contractor shall take special care to protect Government Property including buildings, grounds, roads, and any other surfaces from materials not intended. The Contractor shall return areas damaged as a result of work under this contract to their original condition, to include painting, refinishing, or replacement, as necessary to the satisfaction of the COR. The contractor shall report all damages of government property on the quality control program report. Contractor shall be liable for any and all damages or losses, public or private, caused through fault or negligence of his agents and/or employees.

1.6.10. 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, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the COR 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. The post award meeting shall take place within 2 weeks of award of the contract.

1.6.11. Contracting Officer’s 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.

1.6.12. Special Qualifications: A copy of all licenses required by state and federal regulations shall be submitted to the COR within 2 weeks of award of the contract, and within 5 working days when changes are made thereafter. Only properly trained and qualified personnel shall be used in the performance of this contract, they shall have the education, experience or knowledge as evidenced by license, certificate, diploma, etc., to provide a comprehensive understanding of the systems, components, equipment, and facilities to be serviced, operated, maintained, repaired, renovated and constructed under this contract. All employees shall be subject to such Government regulations as are applicable during the time spent performing work under this contract. The Contractor shall maintain a file containing the qualifications, certification, diplomas and/or licenses of all personnel (including subcontractor personnel). These files shall be submitted to the COR and will be used as part of the basis for determining the qualifications of personnel. In the event the Contractor does not have a qualified employee to perform the specific work, the Contractor will be required to immediately provide qualified personnel or to subcontract the work to a specialist familiar with the type of work to be accomplished.

1.6.13. Key Personnel: The following personnel are considered key personnel by the government: Contract Manager and Quality Control Inspector. 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 when services are being performed. 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. In addition, the Contractor shall designate a responsible employee to act as work leader, and to complete a daily activity report. A minimum of one person working with each crew must be able to speak and understand English so inspectors or Park Rangers may communicate with someone on the working crew in case of an emergency.

1.6.14. Daily Communication: The Contractor must communicate daily when services are being performed with the designated Government representative assigned to this contract 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. 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. Contractors and/or their employees and/or subcontractors and their employees may be required to undergo a criminal background check prior to performing any work on Government Property and/or during the contract performance (at no additional expense to the Government). The current cost is approximately $20.00 per person and is subject to change. The background check must be coordinated with and approved by the Little Rock District Security Office. The results of the inquiries shall be used to determine approval for access to Government facilities under this contract.

1.6.17. 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, 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.

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

1.6.19. 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.

1.6.19.1. The Contractor will be responsible for providing a list of chemicals, product labels, Material Safety Data Sheets (MSDS), 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 29CFR1910.

1.6.20. 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.

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

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

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

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

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

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

1.6.20.7. 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.

1.6.20.8. The contractor shall conduct safety meetings with all personnel 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.

1.6.21. Payment: The Contractor shall submit an invoice for completed and approved work. Deductions shall be made for work not completed or performed. 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 5). The Contractor will furnish a copy of the invoice to the Greers Ferry Project Office by the 25th of each month.

1.6.22. 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.

1.6.23. 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.

1.6.24. 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.

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.

1.6.25. Required Insurance:

1.6.25.1 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. Proof of insurance must be provided to the COR within two weeks of award of the contract.

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

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

1.6.26. CONTRACTOR MANAGEMENT REPORTING (CMR): Not Applicable

1.6.27. 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.

1.6.28. Other Contracts: The Government may undertake or award other contracts or have lessees 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.

1.6.29. Title 36- Rules and Regulations: While performing work under this contract, the Contractor and his/her employee’s 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.

1.6.30. Contractor Travel: Not Applicable

1.6.31. Other Direct Costs: Not Applicable

1.6.32. Data Rights: Not Applicable

1.6.33. PHASE IN /PHASE OUT PERIOD: Not Applicable

1.6.34 Rights of Entry: Rights of entry onto Government owned land from the lakeside are available to the Contractor. If the Contractor chooses to enter public land from any point other than public, the Contractor must obtain prior permission from the property owner before entering or crossing private property. Gaining prior permission for land-based access is the responsibility of the Contractor. Right of entry to private property should be obtained in advance. The Contractor must specify to the property owner that they are contract workers. This contract in no way gives any rights to the Contractor to trespass across private land to access Government property. It is recommended that access to the boundary line be achieved by boat. The majority of this contract is in remote areas where public or private access by land is frequently unavailable. The terrain of the area varies greatly and should also be taken into consideration.

1.6.35. Boat Usage: The use of a boat may be required to access some locations slated for boundary maintenance on the project.

1.6.36. Documentation: The Contractor shall provide a daily written report for each day worked. The report will list the date, starting and ending monument numbers, and the Section, Township, and Range for the fee line cleared and painted. Reports shall include the locations and monument numbers of any missing monuments as well as sketches of any suspected encroachments on Government land. These daily reports will be turned into the COR or the Program Manager weekly with the QC Reports. A major defect in this requirement is the Contractor failing to submit daily reports for the week or the Contractor failing to submit daily reports on time for two consecutive weeks.

1.6.37. Conducting Work Sequentially: The Contractor will “work sequentially” along the Government boundary line from the designated starting point to the designated stopping point. Work will be completed in mile increments proceeding from monument to monument. At a minimum, the Contractor must complete 4 miles of boundary maintenance per week unless previously authorized by the COR. The Contractor shall execute the work continuously and expeditiously, subject to weather or other excusable delays as may be agreed to by the COR or their authorized representatives. All work shall be completed between the October 1st and March 1st of each year of the contract. A major defect in this requirement is the contractor starting work on a separate tract prior to completing an existing tract, leaving any portion of the tract being worked on incomplete for longer than three days, not completing a minimum of 4 miles of boundary per week, or not completing all work between October 1st and March 1st of the contract year without prior approval from the COR.

1.7 Security Requirements Level One. (See Technical Exhibit 9)

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

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.

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

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.

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

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

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.

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

QUALITY ASSURANCE (QA) - The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) - An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

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

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

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

WORK WEEK- Is defined as Sunday through Saturday.

INSPECTION- The examination and testing of supplies or services to determine whether the supplies or services conform to contract requirements. Inspection is the process of measuring, examining, testing, or otherwise comparing the unit of service with the requirements.

PROGRAM MANAGER- Government individual responsible for quality assurance surveillance and day to day tracking of Contractor progress and contract delivery orders.

2.2. ACRONYMS:

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 Materials: The Government will provide survey sheets and GIS maps to show boundary previously surveyed monuments, bearings, and distances between monuments. This material is not to be returned upon completion of the contract.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

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

4.2 Contractor Travel: The Contractor shall furnish a sufficient number of vehicles suitable for the transportation of personnel, materials, and equipment for use in the performance of this contract. The contractor vehicles and equipment shall meet applicable state vehicle safety standards and shall be maintained in a serviceable and presentable condition. Contractor equipment or vehicles shall be operated by qualified and competent personnel. Contractor's vehicles shall be identified with the company name prominently displayed on the outside of both front doors of each vehicle in such a manner as to provide a readily visible means of identification. In addition, a reflective magnetic sign shall be attached to both sides of any vehicle used for contract purposes. The sign will state “GOVERNMENT CONTRACTOR.”

4.2.1 Equipment for the execution of this contract is the responsibility of the contractor. All equipment shall be maintained by the contractor so as to provide an efficient and continuing operation. The contractor shall not service or repair equipment on government property except for minor repairs such as changing tires.

4.2.2 The Contractor shall have proper slow-moving vehicle emblems or lights on equipment or vehicles used in road right of ways. A flag person or other controls shall be provided when operations creates a traffic hazard.

4.3 Communications: The contractor shall provide a sufficient means of communications between the contractor and his employees for routine and emergency purposes. The contractor shall have a local telephone service for his/her point of contact. Contractor shall provide telephone number to the COR.

4.4 Safety Equipment: The Contractor shall provide and use the proper safety equipment when performing contract services. Safety equipment includes but not limited to personal protective equipment (safety shoes or boots if required for specific task and other personal protective equipment), barricades, warning signs or other means as necessary to make pedestrians aware of hazards and also to prevent pedestrians from entering work areas, and traffic control devices.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services: The following requirements in the paragraphs listed below labeled 5.1 are applicable to all schedules of the contract. The Contractor shall provide boundary maintenance services as per the specifications, drawings, exhibits, and schedules at Greers Ferry 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.

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 thru 5.6 for specific tasks.

5.1.2. Timeliness/Quality Control: (Critical Element) After notification to begin services, the Contractor shall complete all required services within the time periods identified. 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 satisfactorily as described in the Quality Control Plan and in accordance with the PWS. Contractor shall submit QC reports as required in the PWS. Also reference 1.6.36 Documentation.

5.1.3. Safety/Environment: (Non-Critical Element) 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 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.

5.1.4. Work Site Clean-up/Trash Disposal: (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.). A major defect in this requirement is two of more instances of the presence of litter within the work area. Any such litter found on public or private land could result in a littering citation. A repeat offense could lead to immediate termination of the contract. Contractor is responsible for proper disposal of any hazardous waste generated by performance of the contract.

5.2. Clearing Boundary Line: The Contractor shall clear the boundary troach line of any growth and/or re-growth of weeds, woody vegetation, briers, existing brush piles, downed or leaning trees, to a width of four (4) feet and to a height of seven (7) feet above the ground on the Government side of the property line only, except that no living trees greater than 2 inches in diameter are to be cut unless authorized by the COR. Brush will be thrown clear of the troach line to the Government side of the property line. Vegetation cleared will be cut to within 6" of ground level with no sharp ends on vegetation left in developed areas or park buffer areas. No grass will require cutting (woody brush, vines, high weeds, and briars will be cut when such items are in the above specified clearing zone). A major defect in this requirement shall be the evidence of multiple trees, limbs, briers, and debris within the troach line within any 100 foot section of the boundary line.

5.3. Locate and Mark Monuments: Existing monuments along the boundary line will be located and monument caps will be left uncovered and free of dirt and paint. Monument locations will be marked with a heavy-duty six foot steel fence post painted white and stones painted white placed around the monument. Contractor may not cut, flag, or paint any boundary line where a monument has not been located unless the COR authorizes the Contractor to proceed.