PWS_With Maps.pdf

PERFORMANCE WORK STATEMENT (PWS)

MOWING, HERBICIDE AND TREE MAINTENANCE

Part 1 General Information

1. GENERAL: This is a non-personnel services contract to provide mowing, herbicide application and tree 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 mowing, herbicide application, tree maintenance, and other duties 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: Area maps, Attachments 7.5 and 7.16, identify the work areas. The acreage identified is an approximate and is provided for informational purposes only; variances in noted approximate acreages and actual acreage shall not be cause for an adjustment in the contract price for either the Government or the Contractor. It is necessary for the contractor to visit each site and bid the job based on their knowledge and experience. Tree maintenance may be performed at the 12 recreation areas operated by the Table Rock Project Office as well as the visitor center area, Overlook area and road, Table Rock Lakeshore Trail, Table Rock Dam and Compound area, and Table Rock Training Facility.

1.3 Objectives:

The contractor is responsible for policing the mowing area prior to and after mowing and trimming is completed as specified in this performance of work statement.

Vegetation shall be cut to a uniform height of 2 to 3 inches without skips or gaps as specified in this performance of work statement.

Trimming shall be performed with each mowing as specified in this performance of work statement.

All sidewalks, hardened paths and paved parking lot edges shall be edged as specified in this performance of work statement.

The contractor shall remove all grass clipping and other debris as specified in this performance of work statement.

Vegetation will be removed from the Aunts Creek Wastewater Treatment Plant as specified in this performance of work statement.

All leaves shall be removed as specified in this performance of work statement.

Tree maintenance will be completed as specified in this performance of work statement.

Herbicide will be applied as specified in this performance of work statement.

1.4 Scope: The intent of this contract is to provide mowing, herbicide application and tree maintenance services at Table Rock Lake. Work shall include but not be limited to policing of grounds, cutting of vegetation, edging, trimming, leaf removal, tree removal, tree trimming, stump grinding, and herbicide application. The Contractor shall furnish all necessary management, supervision, inspection, personnel, materials, supplies, parts, tools, equipment, fuel, 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.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4)

12-month option years. The Period of Performance reads as follows:

Base Year March 1, 2023, through February 29, 2024 Option Year I March 1, 2024, through February 28, 2025 Option Year II March 1, 2025, through February 28, 2026 Option Year III March 1, 2026, through February 28, 2027

Option Year IV March 1, 2027, through February 29, 2028

1.6 General Information

1.6.1 Quality Control The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he/she assures himself/herself that his/her work complies with the requirement of the contract. One copy of the updated Contractor’s Quality Control Plan shall be provided to the Contracting Officer not later than the pre-work conference. An updated copy must be provided to the Contracting Officer on the contract start date and as changes occur.

1.6.2 The plan shall include a minimum of the following:

1.6.2.1 An inspection system covering all the services listed on the Performance Requirements Summary. It 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.

1.6.2.2 Methods for identifying and preventing deficiencies in the quality of service performed before the level of performance becomes unacceptable.

1.6.2.3 Record of all daily inspections conducted, and any necessary corrective action(s) taken shall be prepared. A copy of an example quality control report is included in Attachment 7.8. The written quality control reports shall be completed daily, submitted with each invoice, and shall contain the following items as a minimum:

a. Contractor’s name.

b. Date, starting time and ending time.

c. Contract number.

d. Location of services performed.

e. Description of services performed and if needed, reasons for non-performance.

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

g. Accidents/damages to property.

h. Man-hours worked on Government property.

I. Signature of the Contractor's quality control representative.

1.6.2.4 The Contractor shall complete their QC inspections immediately following each phase of work. The Government will complete the QA inspections within 24 hours of the time for completing the work as identified in the Contractor’s schedule. NOTE: Work completed on Friday may not be inspected until the following Monday. 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 immediately.

1.6.2.5 Deficiency Corrections. Work shall be performed or re-performed within one working day of notice of nonperformance or unsatisfactory performance. If the Contractor fails to meet this obligation within one working day of notice given, the Contractor has failed to perform the entire service and the defects cannot be corrected by re-performance. Payment will not be made for unsatisfactory work.

1.6.2.6 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.

1.6.2.7 When the Contractor cannot complete a mowing or tree maintenance service due to construction debris or Government interference, the Contractor shall mow, trim, or cut within reasonable distance of the obstruction and report in writing to the COR the reason for failure to complete the service. The report shall identify type of interference, location, and date of interference.

1.6.2.8 Inclement Weather or Other Delays. Work delays resulting from inclement weather, or other causes beyond the Contractor’s control will not relieve the contractor of any requirement not being completed as specified herein.

When the Contractor experiences delays due to circumstances beyond his control, the Contractor shall provide in writing, within 24 hrs. From when the delay occurred, an explanation of why the work was not completed and when the work is anticipated to be completed. Inclement weather delays will be requested by the Contractor in writing and reviewed and approved by the COR. The Government may allow the Contractor to work additional hours beyond normal duty hours (8:00 a.m. and 5:00, 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.

1.6.2.9 Pre-work Conference. During this meeting, the Contractor shall submit the following:

a. A safety plan

b. Activity hazard analysis plan

c. Certificates of insurance

d. Quality control plan

e. Required communication telephone numbers

f. Written designation of an "On the job supervisor" or superintendent

g. A mowing completion schedule

h. State of Missouri and State of Arkansas License for Herbicide Application

i. Herbicide product labels

j. Herbicide Material Safety Data Sheets

k. Herbicide application rates

No work may be performed on this contract until all required documents have been submitted to the COR and reviewed and approved in writing by the COR. Approximately 3 working days shall be required by the Government to review and approve the submitted documentation. If the Contractor fails to submit documents on time, the Government reserves the right to accomplish the work required under this contract by alternate means, until required documents have been received, reviewed, and approved.

1.6.2.10 Contractor Exposure Hours. The number of hours worked by contractor under this contract shall be reported to the Table Rock Project Office each month when contractor submits his monthly invoices.

1.6.2.11 Environmental Program. The Contractor shall comply with Federal, State, and local laws, regulations, and standards regarding environmental protection. All environmental protection matters shall be coordinated with the

COR.

1.6.2.12 Permits and Licenses. The Contractor shall, at his/her 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. All cutting and pruning operations will comply with accepted industry standards as outlined in publications mentioned below. It is contractors’ responsibility to ensure all employees are familiar with and trained in these methods.

1.6.2.13 Utilities. The Contractor may use Government utilities (water and electric), where available, in the performance of work specified in this contract, but shall not interrupt utility use of park customers. The Contractor shall make a dedicated effort to conserve utilities. Where water and/or electricity is not available, or when the parks are closed for the season, the Contractor must obtain water and electrical utilities from other sources at no additional expense to the Government.

1.6.2.14 Delivery Orders. All work under this contract will be ordered by issuance of Delivery Order. Delivery orders may be issued for Normal Service Calls, Emergency Service Calls, and Task Items. The Delivery Order will list those items from the bid schedule that are to be performed or used to perform the work.

1.6.2.15 Service Calls. (Normal and Emergency) The Contractor shall include all labor, travel time and transportation costs to and from the work site, administrative costs, tools, overhead and profit. Emergency work may be initiated by notice, telephone call or other means. It is the contractor’s responsibility to check messages, pagers etc. at all times. The Contractor shall perform maintenance as specified in the Order. This tree maintenance requires a maximum of two man-hours labor on-site at a specified park, project office, or other single location.

1.6.2.16 Response Time. The Contractor shall report to the designated work site with necessary personnel, vehicles, supplies, tools, materials, and parts to accomplish the specified work within two hours of notification for emergency service calls, and within 24 hours of notification for normal service calls. Task item response time shall be two hours for priority one, three days for priority two and seven days for priority three. This office will not “track down” contractors. Response time will begin upon notification, email or voice messages left by government inspectors. It is the contractors’ responsibility to check messages for notifications and to provide reliable means to communicate.

1.6.2.17 Completion Time. The intent of any maintenance work issued is to start and complete maintenance in a smooth flowing manner with the least amount of interruption to the public and to pursue the work until complete.

Priority work issued on any given day does not relieve the contractor of the responsibility of finishing up maintenance already started elsewhere.

1.6.2.18 Non-Compliance Work. Should the Contractor fail to satisfactorily perform any routine service that is required on a daily basis or at a specific time, or within the allotted response time a Contract Deficiency Report (CDR) will be issued, see Attachment 7.8 If the nature and the schedule of this type of work does not afford an opportunity to re-perform the service, a deduction for the non-compliance work will be made.

1.6.2.19 Tasks Items. The contractor shall include all labor, material, supplies, parts, tools, equipment, transportation to and from the work site, profit and overhead, and vehicles except as otherwise provided for herein, required to perform the service listed in the applicable bid item. Task items will be issued as priority levels one, two or three depending on the importance of the work and its associated health/safety magnitude.

1.6.2.20 Damages or Loss of Contractor's Property. The Contractor is responsible for taking the action necessary to protect all Contractor property from loss, damage, or theft.

1.6.2.21 Protection of Government Property. The contractor is responsible for the protection of all government property they are working on or around. Any damage to government property, as a result of the contractor’s operations, will be repaired at the contractor’s expense. The government will arrange for any repairs needed. The contractor shall replace at his/her own expense any non-target vegetation such as, but not limited to, trees, shrubbery, and turf which is killed as a result of misapplication of any herbicides under this contract.

1.6.2.22 Damage or Loss to personal property. During the execution of this contract, the contractor may need to mow, remove trees, branches, or parts thereof from campers or patrons of the park’s personal property. The contractor is responsible for determining the best and safest method of removal. Any additional damage to personal property as a result of the contractor’s operations is the responsibility of the contractors and will be repaired at the contractor’s expense. The government will not be liable for costs incurred.

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).

1.6.4 Recognized Holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day Juneteenth

1.6.5 Hours of Operation: The contractor is responsible for conducting business, between the hours of 8:00 am to 5:00 pm, Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For 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 Daily Communication. The contractor shall communicate daily with Government program manager assigned to this contract between the hours of 7:30 and 8:00 am Monday through Friday, excluding Federal Holidays.

Communications shall cover work accomplished, ongoing work and issuance of new work orders. Daily communications may be by telephone, although in person visits may be required in order to exchange or discuss paperwork associated with the performance of this contract.

1.6.7 Other Than Normal Working Hours. No premium pay surcharge will be paid by the Government other than that included in the bid item for Emergency Service Call. All other work will be specified in the Delivery Order to be accomplished during normal working hours.

1.6.8 Schedule of Work. The Contractor shall commence mowing, tree maintenance activities or herbicide application within 48 consecutive hours after receipt of telephone order or the notification to proceed on the written order (whichever is later). Task Order will indicate areas where services are required. Work shall be completed within the time limits outlined in Contractor’s proposal.

1.6.8.1 Contractor Schedule. 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 required. The Contractor’s schedule shall include all items of work required by the Delivery 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.

1.6.8.2 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.

1.6.8.3 The contractor must have the ability to complete an entire round of mowing within 14 working days. An entire round of mowing will be as listed on Attachment 7.14 Proposed Mowing Time Frames Form, line items 0001- 0018.

1.6.9 Safety. The contractor shall comply with all applicable provisions of current editions and subsequent revisions to EM 385-1-1, Safety and Health Requirements Manual, and all OSHA, NIOSH and State of Missouri and Arkansas requirements for work under this contract. EM 385-1-1 can be downloaded from the following Internet address: http://www.usace.army.mil/Safety-and-Occupational-Health/Safety-and-Health-Requirements-Manual/ all applications shall be made in strict compliance with these specifications and product label(s). Should there be a conflict between these specifications and the product label(s), the label(s) shall rule. All label safety precautions shall also be adhered to, including requirements and restrictions for protective clothing and equipment. The contractor shall be responsible for maintaining a safe work environment and establishing work procedures to safeguard the public and personnel involved in the execution of work. This includes the preparation of an overall comprehensive Safety Plan as well as an Activity Hazard Analysis for each phase of work performed. All employees shall be provided with appropriate equipment, safety devices and personal protective equipment to eliminate exposure to potential safety hazards. The Contractor shall provide to the Contracting Officer Representative (COR) within fifteen (15) days after the award of the contract a copy of his Safety Plan, Activity Hazard Analysis, and Accident Prevention Plan. 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.

1.6.9.1 Special Attention. Contractors shall review and become familiar with sections in EM 385-1-1 “Safety and Health Requirements Manual” that pertain to chain saw operation and the associated protective gear required for individuals performing tree maintenance work, operating bucket/boom truck type equipment, working around utility lines and all associated equipment involved with various operations required by this contract. A Hazard analysis plan is required within 10 days of award of this contract as well.

1.6.9.2 Personnel Safety and Property Protection.

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

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

1.6.9.2.3 Damage to Property. The Contractor shall report all damages of government and or personal property on the quality control 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.

1.6.9.2.4 EM 385-1-1. Safety is of the utmost concern. The contractor is responsible for being familiar with and complying with ALL requirements of EM 385-1-1 Safety and Health Requirements Manual, as it applies to both personnel and equipment. 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. The government shall stop any unsafe work noted and the contractor will not resume work until the deficiency is rectified. No additional time will be allotted for completion of work as a result of safety deficiencies; therefore, the contractor may be subject to deductions if mowing or tree maintenance is not completed as scheduled.

1.6.10 Accident Prevention and Emergency Medical Treatment.

1.6.10.1 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 one crew member trained and certified in first aid and CPR to care for minor injuries normally sustained in the type of work required.

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

Local Hospital: Name Phone No.

Local Ambulance: Name Phone No.

Local Doctor: Name Phone No.

1.6.10.3 The contractor is responsible for providing a Hazard Analysis Plan. 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.

1.6.10.4 The Contractor shall conduct safety meetings with all personnel before each mowing, tree maintenance service or herbicide application and at a minimum of weekly intervals to discuss potential safety hazards, etc. The COR shall be provided a schedule 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 with each invoice.

1.6.11 Place of Performance: The work to be performed under this contract will be performed at: Aunts Creek, Baxter, Big M, Campbell Point, Cape Fair, Cricket Creek, Eagle Rock, Indian Point, Mill Creek, Moonshine Beach, Old Hwy 86, Viola, Table Rock Dam, Table Rock Compound, Carr Lane Compound, Table Rock Lake Training Facility, Spillway Peninsula, and Dewey Short Visitor Center/Project Office.

1.6.12 Type of Contract: The government will award an IDIQ (Indefinite Delivery, Indefinite Quantity) Contract.

The contractor will be guaranteed 2% of the base year and 1% each year thereafter.

1.6.13 Security Requirements: NA

1.6.7.1 PHYSICAL Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

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

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

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

1.6.7.3 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.

1.6.8 Special Qualifications: Proof of State of Missouri and State of Arkansas certification/license for herbicide application must be provided at the pre-work meeting.

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

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.10 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract:

perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11 Key Personnel: The follow personnel are considered key personnel by the government: Contract manager/Alternate contract manager. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 a.m. to 4:30 p.m. Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. Qualifications for all key personnel are listed below: Properly certification for the State of Missouri and the State of Arkansas.

1.6.12 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. Contractor. A supplier or vendor having a contract to provide specific supplies or service to the government.

The term used in this contract refers to the prime.

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

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

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

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

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

2.1.7. Physical Security. Actions that prevent the loss or damage of Government property.

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

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

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

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

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

2.1.13. Work Week. Is defined as Monday through Friday, unless specified otherwise.

2.1.14. Acceptable Quality Level (AQL). The AQL is the maximum percent defective that, for purposes of sampling inspection can be considered satisfactory.

2.1.15. Contractor’s Representative. A foreman or superintendent assigned to represent the interests of the Contractor with regards to all matters included in this contract.

2.1.16. Customer Complaint. A means of documenting certain kinds of contract service problems. A Government program that is explained to every organization that receives service under this contract which is used to evaluate a contractor’s performance.

2.1.17. Government Property. All property owned by or leased to the Government or acquired by the Government under the terms of the contract.

2.1.18. Lot. The total number of service outputs in a surveillance period, as defined in the Performance Requirements column of the Performance Requirements Summary (PRS).

2.1.19. Performance Requirement. The point that divides acceptable and unacceptable performance. In the case of surveillance by random sampling, the performance requirement is the maximum number of defectives in the random sample chosen that may occur before the government will affect the price computation system in accordance with the Performance Requirements Summary and the Inspection of Services clause. When the method of surveillance is other than random sampling, the performance requirement is the number of defectives or maximum percent defective in the lot before the government will affect the price computation system in accordance with the Performance Requirements Summary and the Inspection of Services clause.

2.1.20. Performance Requirements Summary (PRS). Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the Contractor.

2.1.21. Performance Work Statement (PWS). The performance Work Statement is the contract requirements document which describes the technical, functional and performance characteristics of the work to be performed, identifies essential functions to be performed, determines performance factors, including the location of the work, the units of the work, the quantity of work units, and the quality and timeliness of the work units. It serves as the scope of work and is the basis for all costs. It accurately describes the contract service requirements, including the standards to be used to determine whether the requirements have been met.

2.1.22. Planned Sampling. A sampling method in which work outputs are selected in accordance with subjective criteria established in the surveillance plan.

2.1.23. Policing. The picking up of litter, trash and debris and depositing it into an approved container or area.

2.1.24. Quality Assurance Evaluator (QAE). A government employee trained in QA methods that have the responsibility for evaluating Contractor performance against requirements. The QAE's principle task is to ensure that the Contractor maintains control of service delivery quality.

2.1.25. Random Sampling. A sampling method in which each service output in a lot has an equal chance of being selected.

2.1.26. Sample. A sample consists of one or more service outputs drawn from a lot. The number of outputs in the sample is the sample size.

2.1.27. Sampling Guide. The part of the surveillance plan which contains all the information needed to perform surveillance of the service output(s) by the random sampling method of surveillance.

2.1.28. Edging. The activity of using edging equipment around sidewalks, concrete slabs, and curbs, to have a finished, uniform, even, parallel cut appearance.

2.1.29. Defect. An instance of noncompliance with a service requirement. A defect may be caused by either non-performance or unsatisfactory performance.

2.1.30. Not Used

2.1.31. Not Used

2.1.32. Standard. A standard is a desired condition, value, or measure by which a service or product is judged to meet a specification or requirement.

2.1.33. Critical element. A critical element is a task, procedure, or operation which has been determined to be mandatory to fulfill the condition, value or measure comprising a standard.

2.1.34. Non-critical element. A non-critical element is a task, procedure, or operation which has been determined to be essential to the overall condition, value, or measure comprising a standard, but will not constitute a substantial deviation (major defect) from the standard. Repeated unsatisfactory performance or non-performance of non-critical elements can constitute a substantial deviation (major defect) from the standard.

2.1.35. 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.

2.1.36. Program Manager. Government individual responsible for quality assurance surveillance and day-to-day tracking of contractor progress and contract delivery orders.

2.1.37. Contract Deficiency Report (CDR). A formal, written description of a contractor non-compliance or lack of performance for contracted work. A CDR, when issued by the Government, requires formal response by the contractor.

2.1.38. Contract Line-Item Number (CLIN). An item of work described in Section B of the contract identifying service deliveries for which the Contractor will receive compensation. The unit price of the CLIN represents the value of service delivery, which is the basis for payment for satisfactory service delivery and the basis for deduction for unsatisfactory service delivery.

2.1.39 Normal Service Call. Tree Maintenance Services provided by the Contractor after issuance of Order for generally non-definable work that requires a maximum of 4 hours labor and equipment on-site during normal working hours. This work could include cutting a dangerous tree, cleanup work after a storm, etc.

2.1.40 Emergency Service Call. Tree Maintenance Services provided by the Contractor after issuance of Order for generally non-definable work that requires a maximum of 4 hours of labor and equipment on-site at any time outside normal working hours. Work will be initiated by verbal notice from a designated representative with paperwork to follow. This work could include cutting a dangerous tree, cleanup work after a storm, etc.

C.2.2 Technical Definitions Peculiar to This Work Statement.

2.2.1 Mowing Areas. All areas designated within the mowing limits outlined in the maps included in Exhibit 7.5.

Including but not limited to; areas around and for a distance of 10-feet on all sides of all developed facilities. These facilities include the project overlook, restrooms, showers, picnic shelters, roads, parking areas, camping sites, picnic sites, playgrounds, amphitheaters, boat launching ramps, wells, hydrants, steps, walks, tables, grills, fireplaces, trash containers, signs, culvert headwalls, ditches, retaining walls, landscape features, Project Office, rip rap, and other developed facilities within the limits marked on the mowing drawings. In some cases, this category may be applied to rights-of-way and large turf areas.

2.2.2 Mowing Days. Workdays or authorized alternative workdays on which the cutting or vegetation, edging, trimming, and policing related to mowing shall be complete in accordance with requirements contained herein before close of business at designated locations.

2.2.3 Response Time. Maximum length of time allowed for responding once an attempt to contact has been made.

This includes leaving electronic voice mail messages.

2.2.4 Task Item. Unscheduled work item, of indefinite quantity, that can be issued with three different priority levels, that the contractor agrees to perform the work on an “as ordered” basis at a fixed unit price for each time the item is ordered.

2.2.4.1 Priority One. When a task item must be completed expeditiously in order to eliminate a possible public safety or health hazard or item in such condition that it may not be effectively utilized for its designated functional purpose. Priority one’s do occur, but not very frequently. Response within two hours and begin continuous work until task item is 100% complete.

2.2.4.2 Priority Two. When a task item must be completed in a timely manner in order to sustain existing components and could affect the user. Response within three days and begin continuous work during regular work hours until task item is 100% complete.

2.2.4.3 Priority Three. When a task item must be completed in a timely manner, but if not accomplished would not greatly impact the user. Response within seven days and begin continuous work during regular work hours until task item is 100% complete.

2.2.5 DBH. Method used to determine tree size by measuring tree diameter at breast height (DBH) or 4.5 feet above the ground.

2.2. ACRONYMS:

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

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 Utilities: The Contractor may use Government utilities (water and electric), where available, in the performance of work specified in this contract. However, only water hydrants located at dump stations labeled as non-potable water may be used by the contractor for mixing purposes. Extreme care will be taken to avoid contact of faucet and/or hose with chemicals. The contractor will make sure to shut off water after use in order to conserve utilities.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract. The Contractor is responsible for taking the actions necessary to protect all Contractor property and personal property of Contractor employees from loss damage or theft. The Government assumes no responsibility for loss, damage or theft of the above.

4.1.1 Contractor-furnished equipment, vehicles, supplies, parts, or materials found inoperable, unserviceable, or unsuitable for use, for whatever reason, including failure to meet a Federal, State, or local safety requirement shall be removed from service immediately after identification.

4.1.2 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’s vehicles shall meet applicable state vehicle safety standards, Corps of Engineers regulations, and shall be maintained in a serviceable and presentable condition. The Contractor shall display with the minimum of 2" lettering, his company name, address and telephone number on all vehicles and equipment to be used in the performance of mowing and tree maintenance services. The signs shall be displayed on both front doors of all vehicles and in a visible location on all equipment. No hand-printed signs or signs in any way representing the Corps of Engineers will be allowed.

4.1.3 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, including oil changes, on government property except for minor repairs such as changing tires or blades.

4.1.4 Grass cutting equipment shall be tractor mounted brush-hog, rotary mowers with three-point lifts, flail mowers, powered riding lawn and garden tractors and hand mowers. Trimming equipment shall be filament line trimmers and hand trimmers. Turf tired equipment with slides or wheels shall be used where required to prevent rutting, plowing, or breaking of turf. Sickle bars mowers may be used in connection with trimming and mowing of steep banks along road right of ways. Equipment shall have safety deflector chutes or chains made to manufacturer’s specifications to prevent flying objects from striking people or damaging property. Equipment shall meet or exceed the requirements of the most current Corps of Engineers Safety Manual, EM385-1-1.

4.1.5 Bucket Lift, pneumatic tire type, bucket capacity minimum three hundred pounds, height reach minimum 40 feet, out riggers to stabilize unit. Only trained operators will be allowed to utilize this equipment.

4.1.6 Chain Saw. Can include power pole saws and regular chain saws. Bar lengths from 12 to 18 inches depending on job specified. May be used for pruning trees, removing trees or clearing brush. Only trained operators will be allowed to utilize this equipment. Contractor is responsible for providing all safety gear required for operation.

4.1.7 Roll Over Protection. As stated in the Corps of Engineers Safety Manual, EM385-1-1, all equipment used in the performance of this contract that will be used in areas with slopes exceeding 10%, shall be equipped with roll over protection (ROP) that will support a minimum of two times the weight of the machine it is mounted on. ROP design will be adequate in height, width, and location to provide complete protection for the driver in the event of a roll over. All mowers and/or tractors will be equipped with seat belts regardless of use location.

4.1.8 The Contractor shall provide adequate slow-moving vehicles to accomplish grounds policing operation.

Tractors used for road right of ways mowing shall have proper slow moving vehicle emblems. A flag person or other controls shall be provided when mowing operations create a traffic hazard.

4.1.9 Equipment Safety. Maintain safety guards, saw brakes, shields, and mufflers intact and in good repair at all times. Comply with OSHA requirements and pertinent provisions of the publications, Safety and Health Requirements, EM385-1-1, Department of the Army, Corps of Engineers.

4.1.10 Personnel Protection. Contractor will provide and use proper safety shoes or boots and other personal protective equipment when operating tractors and power mowers. Eye protection and face shields are mandatory when using trimmers, chain saws, or other hazardous equipment as per EM 385-1-1. All other applicable safety gear is required as stated in EM 385-1-1. Special attention should be given to the type of equipment to allow for weather conditions.

4.1.11 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 superintendent and/or Contractor representative (i.e., email, portable cellular telephone or local phone).

Contractor shall provide telephone numbers to the COR at the time of the pre-work conference.

4.1.11.1 Daily Communication. The contractor shall communicate daily with Government program manager assigned to this contract between the hours of 7:30 and 8:00 am Monday through Friday, excluding Federal Holidays. Communications shall cover work accomplished, ongoing work and issuance of new work orders.