Amendment 0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Amendment 0001 makes changes to the follow ing:

Section 1.9 Section 3.7 Section 5 & 5.5 Bid Sheets

Changes are highlighted in yellow .

1. CONTRACT ID CODE PAGE OF PAGES

1 2

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 14-Sep-2023

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W9127S23Q0054

X 9B. DATED (SEE ITEM 11)

25-Aug-2023

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

14-Sep-2023

CODE

CONTRACTING DIVISION

USACE, LITTLE ROCK (W9127S)

700 W. CAPITOL AVE, RM 7315

LITTLE ROCK AR 72201-3225

W9127S 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9127S23Q0054

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

(End of Summary of Changes)

STATEMENT OF WORK

TECHNICAL PROVISIONS

SECTION 1

General

1.1 SCOPE OF WORK: The Contractor shall furnish all necessary management, personnel, materials, supplies, parts, tools, equipment, and vehicles, except as otherwise provided for herein, required to perform the services within the area of responsibility of the Millwood Tri-Lakes Project Office and related areas, as specified and in strict accordance with all Terms, Conditions, General, Specific and Technical Provisions, Drawings, Attachments, Exhibits, etc., contained herein or incorporated by the reference. Incorporation by reference shall include any and all mandatory provisions required by the Federal Acquisition Regulation (FAR) whether it is referenced or not referenced, current at time of award.

Estimated quantities and/or the work to be performed is described herein and listed on separate sheets as Exhibits.

These quantities are approximate and are provided only for the Contractor’s information to assist in preparation of bids. They are not guaranteed, and the actual quantities may be more or less than shown. Variations in these estimated quantities shall not be justification for or request for additional payment. The services required in this contract are in addition to the routine services performed by Government personnel, however the Government reserves the right to perform any or all of the service described herein with its own personnel or volunteers.

Contractor work and responsibility shall include, but shall not be limited to: all planning, programming, administration and management necessary to assure that all services are conducted in accordance with the contract and all applicable laws, regulations, codes, or directives. Contractor shall ensure that all work meets or exceeds critical Contractor administrative services necessary to perform the work such as supply, procurement, quality control, Contractor financial control, and maintenance of accurate and complete records and files.

1.2 BACKGROUND: Millwood Lake is a flood control and water supply lake.

The Millwood Lake Project Office is responsible for the maintenance and operations of one (1) spillway, and ten

(10) parks/public use areas. Minor repair, renovation or high lake levels may cause the temporary closing of parts of some parks. The Contractor’s work schedule shall be sufficiently flexible to meet these changing needs.

1.3. DELIVERY ORDERS. All work under this contract will be ordered by issuance of individual Delivery Orders (DD

Form 1449). The COR has three basic ways to order work using this contract: Normal Service Call Delivery Order, Emergency Service Call Delivery Order, and Task Item Delivery Order. The type of Delivery Order will be at the discretion of the COR. A separate type Work Order will be issued for each job. All work orders will have a period of performance for work completion and invoicing not to exceed 60 days. Emergency Work Orders will have a period of performance for work completion and invoicing not to exceed 30 days. The Delivery Order will list those items from the bid section that are to be performed or used to perform the work.

1.4. PAYMENT. The Contractor will be paid only for work accomplished and performed in accordance with these specifications and requirements of Delivery Orders. The Contractor will be paid upon completion for work accomplished after submittal of an invoice. The Contractor will furnish a copy of the invoice to the Millwood Lake Project Office. See Exhibit A

a. Service Call. The Contractor shall include all labor, travel, man hours and transportation costs to and from the work site, administrative costs, and tools, overhead and profit. The Contractor shall provide the skilled workers (certified arborist, licensed herbicide applicator, and licensed pesticide applicator) as required to perform the specified work.

(1) Normal Service Call – Work to be accomplished and performed during normal working hours as directed in the Delivery Order.

(2) Emergency Service Call – Work to be accomplished and performed at other than normal work hours as directed in the Delivery Order. The Contractor will include any premium pay surcharges in this bid item.

b. Task Items: The Contractor will include all labor, materials, supplies, parts, tools, equipment, transportation to and from the work site, profit overhead, and vehicles except as otherwise provided for herein, required to perform the service listed in the applicable bid item.

c. Disposal of Debris. The Contractor shall dispose of all materials and/or debris from the installation or replacement of work under this contract. Disposal shall be off Government property and in strict accordance with all applicable laws and ordinances. No separate payment for the disposal of materials and debris will be made.

d. The Contractor’s administrative costs to set up office, prepare estimates for task job requests, report results of normal and emergency service calls, and complete all the necessary paperwork required in this scope of work will not be considered as work for payment.

1.5 WORK AREA. The work required under this solicitation will be located at the sites described in 1.2. The work sites, located at this lake, is located around the perimeter of this project, this will necessitate that the Contractor include costs for travel time in the bid amount.

1.6. WORKING HOURS.

a. Normal Working Hours. Normal working hours and days, except as otherwise specified or approved in advance by the Representative of the Contracting Officer (COR), shall be Monday through Friday, 7:00 a.m. to 4:00 p.m. The ten Federal Holidays observed are:

New Years Day (January 1st) Martin Luther King’s Birthday (3rd Monday in January) Presidents’ Day (3rd Monday in February) Memorial Day (Last Monday in May) Juneteenth (19th of June) Independence Day (July 4th) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day (4th Thursday in November) Christmas Day (December 25th)

When one of the above designated holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday.

Work that interferes with other ongoing functions at Millwood Project shall be scheduled around normal working hours, as specified by the COR. Work shall be scheduled around the above listed Federal Holidays except as specified herein or as approved by the COR. Refer to individual sections of this specification for specific sections of work.

b. 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 or as described in 1.18.

1.7. PERMITS AND LICENSES. The Contractor shall, as 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.

1.7.1 REQUIRED INSURANCE. Any successful offeror under this solicitation shall procure and maintain during the entire period of his performance under this contract the following minimum insurance in accordance with FAR 52.228-5, INSURANCE--WORK ON A GOVERNMENT INSTALLATION:

(1) Workmen's Compensation in amounts required by applicable jurisdictional statutes. (FAR 28.307-2a).

(2) Employers Liability Insurance of at least $100,000. (FAR 28.307-2a).

(3) Comprehensive general liability insurance for bodily injury in the minimum limits of $500,000 per occurrence. No property damage liability insurance is required. (FAR 28.307-2(b)).

(4) Comprehensive vehicle liability insurance covering the operation of all automobiles used in connection with the performance of the contract in the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. (FAR 28.3072(c)).

1.8. IDENTIFICATION OF CONTRACT EMPLOYEES AND VEHICLES.

The Contractor shall provide ball caps/hats with the company name or logo to be worn by all employees and subcontractors while working on public recreation areas. Appearance of all employees will be neat and clean at the beginning of each workday. Contractor’s vehicles and major subcontractor’s vehicles shall be identified with the company name prominently displayed (minimum two-inch letters) on the outside of both front doors of each vehicle in such a manner as to provide a readily visible means of identification. Extreme caution should be exercised at all times and especially when operating vehicles to prevent accident and injuries to the contractor and visitors. Vehicles and equipment must be kept in proper mechanical order and clean and neat in appearance.

Vehicles are to be kept on paved surfaces at all times.

1.9 SAFETY AND SECURITY REQUIRMENTS. The Contractor shall comply with all current provisions of the Occupational Safety and Health Act (OSHA) in addition to the standards of the Corps of Engineers manual, EM 385-1-1, “Safety and Health Requirements Manual”. If the Contractor fails or refuses to promptly comply with the safety and security requirements as specified herein, the COR may issue an order stopping all or part of the work for each delivery order affected by the infraction 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 the stop order.

The Contractor will be furnished a set of keys to the areas where access is necessary to perform the work described herein or as determined to be necessary by the COR. No duplicates of the keys are authorized to be obtained in any manner by the Contractor or by any Contractor employee. Any additional keys required by the Contractor will be furnished by the COR. Security of the keys shall be the responsibility of the Contractor. The failure of the Contractor to provide adequate key security will result in a deduction from payment due the Contractor in the amount of $20.00 per lost or damaged key and a deduction for setting new combinations for any affected locks at the rate charged by the manufacturer per lock.

SECURITY REQUIREMENTS FOR LITTLE ROCK DISTRICT CONTRACTS

1. General Overview.

a. At a minimum, the Little Rock District U.S. Army Corps of Engineers will not grant any individual unescorted physical access to Federal property and/or the authorization to perform work or services on behalf of a Federal agency without first verifying identity and citizenship, as well as vetting such individual against the National Crime Information Center Interstate identification Index (NCIC-III) and the Terrorism Screening Data Base

(TSDB).

b. Individuals who (1) require issuance of a physical access key to federal property; (2) require unescorted physical access to Federal property or perform work or services on behalf of a Federal agency for a duration of longer than 6 consecutive months; (3) require access to government information systems and/or networks; or, (4) require issuance of a Common Access Card are must also undergo a Tier 1 background investigation through the Office of Personnel Management (OPM). This process is initiated by the Little Rock District Security Office, details located in paragraph 2b.

c. Proposed foreign contractors seeking to work on a USACE contract must be cleared through the Department of State prior to having site access. To obtain approval, each individual must complete and submit the appropriate documents for processing. The required procedure takes approximately 45 business days to process once all documentation is completed properly and submitted. In order to initiate this process, please call the Little Rock District Security Office at (501) 324-7138 as soon as possible.

d. The security provisions of this contract and/or applicable task order apply to all Contractor and Subcontractor Employees (CSEs).

e. The Little Rock District Security Office reserves the right to require additional information or upgrade the security requirement(s) of any contract and/or applicable task order; this includes upgrading the investigation standard for specific CSEs.

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f. Prime Contractors are responsible for subcontractor compliance with the security provisions of this contract and shall coordinate all security requirements on the behalf of the subcontractors and their employees.

g. Prime Contractors will appoint ONE (1) point of contact (POC) who is responsible for communicating with and submitting all background investigation packages to the Little Rock District Security Office. The Little Rock District Security Office will not communicate directly with any contractor and subcontractor employee (CSE) other than the appointed point of contact.

h. Background Investigation packages will be submitted for each CSE at a minimum of fifteen (15) days prior to contract start. Investigation packages can be transmitted using any of the methods specified in paragraph 3.

i. CSEs working on this contract must always have a REAL ID ACT compliant driver’s license or government issued identification card with them.

j. Any change in personnel (whether an addition or replacement) throughout the duration of the contract will require the new person or replacement person to be vetted and approved by the Little Rock District Security Office in accordance with the requirements contained herein, prior to being granted Work Authorization or Site Access.

k. Throughout the duration of this contract or any applicable task orders, the Little Rock District Security Office shall be notified of the arrest or conviction of any CSE. CSEs may be denied access upon the discovery of such information.

l. The CSE POC is responsible for contacting either the Contracting Officers Representative (COR) or the Little Rock District Security Office, prior to the first day of work, to receive a list of approved individuals to be onsite.

CSEs must be aware that COR, USACE personnel, and/or Security Office personnel can and will conduct identification checks on all persons onsite at USACE property. Any person found onsite without proper identification or approval will be escorted offsite.

m. Applies to Powerplant Control Rooms only. A Little Rock District employee must always be present while a CSE is performing work inside the control room. CSEs will be required to sign-in to the control room daily.

2. Background Investigation Package Requirements

a. All CSEs are required to provide the following documents to the Little Rock District Security Office.

(1) SWL form 487 dated 2016, Contractor Required Information Form. Form must be complete and clearly legible.

This form can be obtained through the COR or the Little Rock District Security Office.

(2) A clearly legible COLOR copy of the CSE’s REAL ID ACT compliant driver’s license or government issued identification card. Photo must be clearly visible. If a CSE does not have a REAL ID ACT compliant driver’s license or government issued identification card, he/she will be required to provide a clearly legible COLOR copy of his/her non-REAL ID ACT compliant driver’s license or government issued identification card AND a clearly legible his/her proof of citizenship document or proof of authorization to work in the United States. Acceptable documents are:

(a) E-Verify Case Verification Form

(b) U.S. Birth Certificate

(c) U.S. Passport

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

(e) U.S. Certification of Naturalization

(f) FS-545, Certificate of Birth Abroad

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

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

(i) Workers’ Visa

(j) Permanent Resident Card

b. CSEs who (1) require issuance of a physical access key to federal property; (2) require unescorted physical access to Federal property or perform work or services on behalf of a Federal agency for a duration of longer than 6 consecutive months; (3) require access to government information systems and/or networks; or, (4) require issuance of a Common Access Card are also required to undergo a Tier 1 background investigation through the Office of Personnel Management (OPM). The Little Rock District Security Office must initiate this investigation for each CSE before they are granted work authorization or site access. To initiate such investigation, the following documents are required in addition to the requirements specified above:

(1) OF 306- Declaration for Federal Employment Form. Form must be complete and clearly legible. This form can be obtained through the COR or the Little Rock District Security Office.

(2) Fingerprints: electronically or manually using the FD258 card. Contact the Little Rock District Security Office (501-324-7138) to coordinate fingerprinting.

Note. After all the required documents have been received, the Little Rock District Security Office requests the Tier 1 through the Army Personnel Security Investigation - Center of Excellence (PSI-COE). CSEs will receive emails from the PSI-COE and an online database called “E-QIP”. CSEs must complete and submit their electronic personnel form in E-QIP as soon as possible.

3. Background Investigation Package Transmission.

a. All methods must have a transmittal letter that contains the following information:

1) Contract Number and Title

2) Contracting Officer’s Representative name, office number, and cellular number

3) Prime Contractor contact information

b. If mailed- the investigation package will be transmitted in an opaque envelope. Mailing Address:

USACE SWL

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

c. If faxed- transmittal letter must be the first document, and it must also state: “Page(s) that contain PII follow”.

Fax number: (501) 324-5471

d. If emailed- Documents must be password protected as they contain personally identifiable information.

Passwords to documents must be sent in separate email. Email address: m4xslceswlcontracts@usace.army.mil

Note. Incomplete forms, illegible forms, etc., will be returned for correction and/ or completion and can delay the CSE from beginning work.

4. Background Investigation Disqualifying Factors.

a. Vetting that results in the discovery of any of the following derogatory information will result in an automatic denial:

(1) Being identified in the NCIC known or appropriately suspected terrorist (KST) file or TSDB report as known to be, or is suspected of being, a terrorist or belonging to an organization with known links to terrorism or support of terrorist activity;

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(2) Being registered as a sex offender;

(3) Current arrest warrant, regardless of the offense or violation;

(4) Current bar from entry or access to a Federal installation or facility;

(5) Conviction of crimes encompassing sexual assault, armed robbery, rape, child molestation, production or possession of child pornography, trafficking in humans, or drug possession with intent to sell or distribute;

(6) Conviction for espionage, sabotage, sedition, treason, terrorism, or murder;

(7) Felony conviction within the last 10 years regardless of the offense or violation;

(8) Felony conviction for a firearms or explosives violation regardless of when the conviction occurred; or,

(9) Engaged in acts or activities designed to overthrow the U.S. Government by force.

b. Vetting that results in the discovery of other criminal arrest information that may present a threat to the good order, discipline, or health and safety of USACE will be reviewed by the Little Rock District Security Office and the adjudication authority is the Chief of Security and Law Enforcement. See Disqualifying Factors Table.

c. A waiver may be requested by a denied CSE. To submit a waiver, CSEs must obtain a certified copy of their complete criminal history to include all arrests and convictions, and submit a letter requesting the denial be waived. CSEs will submit letters through the PC security POC to the SWL-DSO. The SWL-DSO will review the letter and forward to the Deputy Commander for decision. The letter will be addressed to the Little Rock District Deputy Commander, must include all offenses, and an explanation why the conduct should not result in the denial of access.

DISQUALIFYING FACTORS TABLE

5. IWATCH/ Corps Watch Suspicious Activity Reporting. This section must be provided to all CSEs.

a. Security is simply EVERYONE’s responsibility. We owe it to our organization, our families, and ourselves to constantly be vigilant about what goes on around us. Trust your instincts. We rely on our senses every day of our lives. If a behavior or activity makes you feel uncomfortable, report it. If it doesn’t look, sound, or smell right, report it. The simple rule is, “If you see something, say something!”

CRIMINAL HISTORY/ CRIMINAL INFORMATION CHARGED* OR

CONVICTED

< 5 Yrs. < 10 Yrs. > 10 Yrs.

Known/suspected terrorist or belongs to known/suspected terrorist organization (verified through terrorist watch list)

DENY DENY DENY

Registered Sex Offender DENY DENY DENY Active wants or warrants DENY DENY DENY Barred from any Federal installation or facility DENY DENY DENY Espionage, sabotage, treason, or terrorism (not terroristic threats); or conspiracy or attempt to commit offense

DENY DENY DENY

Knowingly/willfully engaged in acts or activities to overthrow the U.S.

Government by force in any jurisdiction or any country; or conspiracy or attempt to commit offense

DENY DENY DENY

Sex crimes such as, but not limited to, rape, forcible sodomy, or sexual assault, or conspiracy or attempt to commit offense; Any sexual offense involving a minor or child, including child molestation, or child pornography;

or conspiracy or attempt to commit offense

DENY DENY DENY

Any type of identity fraud or inability to verify claimed identity DENY DENY DENY Crimes against a person such as, but not limited to, kidnapping, hostage taking, human trafficking, or human smuggling, or conspiracy or attempt to commit offense; hate crimes; child abuse involving serious bodily injury to a child or minor; mayhem or maiming

DENY DENY DENY

Importation, manufacture, distribution of, or possession with intent to distribute a controlled substance, or conspiracy or attempt to commit offense

DENY DENY DENY

Computer/cybercrimes such as improperly accessing (or introducing a virus or other contaminant) a computer, system, or network; modifying, damaging, using, disclosing, copying, or taking programs or data

DENY DENY DENY

Illegal Weapons charges, to include but not limited to, illegal owning or possessing; armed robbery or burglary; armed violent crimes

DENY DENY DENY

Crimes involving unlawful distribution, sale, use, possession, or manufacture of and explosive, explosive device, or firearm; or conspiracy or attempt to commit offense

DENY DENY DENY

Criminal homicide, murder, manslaughter, or negligent homicide DENY DENY DENY Any Felony Charge (except those specifically identified in table) DENY DENY ALLOW Any type of violent crime such as, but not limited to, assault and domestic abuse

DENY DENY ALLOW

Any type of threat or disruption to the public or disturbing the peace (terroristic threat, inciting a riot, etc.)

DENY DENY ALLOW

Any type of arson, vandalism, or willful destruction of property DENY DENY ALLOW Any type of extortion, bribery, or fraud to include “hot checks” DENY DENY ALLOW Any type of burglary, robbery, theft, larceny or conspiracy or attempt to commit offense

DENY DENY ALLOW

Any type of possession or distribution of stolen property DENY DENY ALLOW Illegal possession or use of a controlled substance DENY ALLOW ALLOW Operation of a motor vehicle while intoxicated by alcohol or drugs in any jurisdiction (1 conviction)

ALLOW ALLOW ALLOW

3 or more offenses for any crime (excluding minor traffic violations) DENY DENY ALLOW

LEGEND/NOTES

DENY Individual(s) are not cleared to work on USACE property under any circumstance ALLOW Individuals MAY be cleared to work on USACE property pending final approval through SWL-

DSO.

Individual must be finished through legal processes of being charged with a crime and will be required to provide documentation if record suggests otherwise.

b. If you see something suspicious, provided below is the type of information to report:

(1) What you witnessed (the suspicious activity) including the date, time, and location.

(2) Description of who was involved

(3) Gender of person(s) involved

(4) Height, build, hair/skin color, and approx. age of person(s) involved

(5) Language spoken (if known)

(6) Vehicle description/ license number (if known)

(7) Have you seen this activity before?

c. How to report:

(1) In an emergency- call 911

(2) Notify your immediate supervisor and COR

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

1.11 CONTRACT EMPLOYEES CONDUCT AND COMPETENCY. All contract employees and subcontractors shall conduct themselves in a proper manner at all times. The majority of work will be performed in the presence of the general public, the conduct of all employees and/or subcontractors is critical and will be closely monitored.

No alcoholic or intoxicating beverages, illegal drugs, controlled substances, or drugs not prescribed by a physician shall be possessed or consumed while on duty. The Contractor shall remove from the site any individual whose continued employment is deemed by the COR to be contrary to the public interest or inconsistent with the best interests of the U.S. Army Corps of Engineers.

1.12 DAMAGES OR LOSS OF CONTRACTOR’S SUPPLIES AND PROPERTY. The Contractor is responsible for taking the action necessary to protect all Contractor property and the personal property of Contractor employees from loss, damage, or theft. The Government assumes no responsibility for theft, damage, etc. of the above.

1.13 SUPERVISION. The Contractor shall personally supervise the work or provide a qualified Contractor Representative who is responsible for quality control whenever the work specified herein is being performed. The Contractor Representative shall conduct overall management coordination and be the central point of contact with the Government for performance of all work under this contract. The Contractor Representative shall have full authority to contractually commit the Contractor for prompt action on matters pertaining to administration of the entire contract. The Contractor Representative shall deal directly with the COR or designated representatives, for normal day-to-day administration of the contract provisions.

1.14 ENVIRONMENTAL PROGRAMS. 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. Any of the facilities operated by the Contractor may be inspected by the COR, or other Federal, State, and local officials on a non-notice basis. Access for inspection shall be granted upon request.

Citations against Government facilities operated by the Contractor for noncompliance with environmental standards are a matter for resolution between the Government and the issuing office. Payment of fines or penalty charges associated with citations issued by Federal, State, or local officials shall be paid by the Government. If the citations are issued due to faulty operation or maintenance practices, the COR shall deduct the fine from any money due the Contractor.

1.15 PERFORMANCE EVALUATION MEETINGS. The Contractor, the Contractor Representative, or both, shall meet with the COR (or a designated representative) weekly or as determined necessary by the COR. However, a meeting shall be held not later than one normal workday after a Contract Deficiency Report (CDR) is issued. Mutual effort will be made to resolve all problems identified.

1.16 QUALITY CONTROL PROGRAM.

a. General. The Contractor shall be responsible for maintaining adequate quality control to satisfactorily meet the specifications of the contract through the development of a Quality Control Plan. The Government will assure quality performance according to a Quality Assurance Surveillance Plan.

Combined, these two programs form the Government’s Quality Assurance Program.

b. Quality Control. The Contractor shall establish a complete quality control program to assure the requirements of the contract are provided as specified. The program shall include, but not be limited to the following:

An inspection system covering all the services stated in the contract specifications (this shall include inspection of work performed on weekends). It must specify areas to be inspected on either a scheduled or unscheduled basis or the individuals who will do the inspection. Inspectors shall be employees of the Contractor, not employees of a subcontractor.

c. Service Call Inspection Reports. The Contractor shall maintain a record of Service Call Reports conducted by the Contractor and shall furnish a copy of normal service call reports to the COR by close of business each day and a copy of emergency service call reports by 9:00 a.m. the following day after completion. This daily record of service call completions shall cover all work requested by a service call delivery order, shall be signed by the Contractor or Contractor Representative, and shall include the following items as a minimum.

(1) Employee’s name (7) Deficiencies beyond scope of service call

(2) Park or area (8) Corrective action needed including list of

(3) Date parts and materials needed

(4) Weather (9) Safety problems

(5) Time in/out of park/area

(6) Work performed

1.17 QUALITY ASSURANCE. The Government will monitor the Contractor’s performance in each functional area under this contract and reserves the right to use whatever additional surveillance procedures are deemed appropriate.

If the Contractor fails to perform according to the performance standards, a Notification of Contract Deficiency or Contract Deficiency Report will be issued by the COR. The Contractor shall explain, in writing, why performance was not satisfactory and how recurrence of the problem will be prevented in the future.

The Government will monitor the Contractor’s services using the planned sampling method and/or the 100% inspection method. The Government reserves the right to alter or change the type of inspection plan at its discretion at any time, and to make deductions accordingly.

Should the Contractor fail to satisfactorily perform any routine service that is required on a daily basis or at a specific time, a deficiency notice will be issued. If the nature and the schedule of this type of work will not afford an opportunity to re-perform the service, a deduction for work not performed will be made.

Defects and deficiencies in Contractor performance, and performance again of same, will be in accordance with a payment analysis addressed in the Government’s surveillance plan (QASP) (see Exhibit B).

The Contractor will be rated outstanding, satisfactory, marginal, or unsatisfactory in the following areas: (1) quality of work, (2) timely performance, (3) effectiveness of management and (4) compliance with safety standards. The Contractor will be advised of any marginal or unsatisfactory rating, either in an individual element or in the overall rating prior to completion of the evaluation, and all Contractor comments will be a part of the official record.

1.18 EMERGENCY WORK. Emergency work is any work required to correct an immediate danger or health hazard, major inconvenience, or a threat to property. The Contractor shall have qualified personnel available on call for emergency work. The name(s), address(es) and phone number(s) of the person(s) to be contacted in case of an emergency shall be submitted to the COR prior to commencement of this contract. This person(s) shall have the authority to act on behalf of the Contractor to perform the necessary emergency work, responding within 2 hours to the COR’s request. Emergency work will be initiated by notice (phone call or other means) from the COR, or a designated representative and the Contractor shall initiate corrective action in accordance with the schedule shown in 1.19. The Contractor shall notify the COR immediately of any work which cannot be corrected within a 24-hour period. When emergency situations are recognized by the Contractor or Contractor personnel, the COR shall be contacted immediately and prior to initiating emergency work unless the nature of the emergency work requires immediate action to preserve life or avoid injury. In such cases the Contractor shall perform remedial work to temporarily correct the situation and shall advise the COR of the problem immediately.

1.19 WORK SITE REPORTING. The Contractor shall report to the designated work site with necessary personnel, vehicles, supplies, tools, materials and parts to accomplish the specified work within specified response time limits.

The response time period will be established by the performance time shown in the Delivery Order or the following response time limits, whichever is greater:

a. For normal service calls for work which constitutes an immediate danger or health hazard, major inconvenience or threat to property, the Contractor will be mobilized at the work site within 4 hours of issuance of a verbal order. Verbal orders will be followed with issuance of a Delivery Order.

b. For emergency service calls, the Contractor will be mobilized at the work site within 2 hours of receipt of notice (phone call or other means). Verbal orders will be followed with issuance of a Delivery Order.

c. For normal service calls involving routine work of urgent but non-critical nature, the Contractor will mobilized at the work site within 1 day of issuance of a Delivery Order.

d. For task item work involving routine work of urgent but non-critical nature, the Contractor will be mobilized at the work site within 1 day of issuance of a Delivery Order.

e. For normal service call or task item work involving preventative maintenance, the Contractor will be mobilized at the work site within 7 days of issuance of a Delivery Order.

1.20 INTERRUPTION TO SYSTEMS. All work that would necessitate an interruption of the use of the project or to the utility systems or otherwise disrupt building occupants and/or the visiting public shall be fully coordinated and approved in advance by the COR. Interruptions shall be kept to an absolute minimum and all repairs or replacements of equipment or components shall be accomplished in an expeditious and efficient manner.

1.21 GOVERNMENT FURNISHED ITEMS

a. General - A certain amount of Government owned materials and supplies are on hand and may be available for use by the Contractor. The Contractor shall be responsible for the proper security of all Government furnished items. All Government furnished property or items are provided in an “as is” condition and shall be used only in connection with performance under this contract consistent with all Federal, Department of Defense, and Environmental Act Policies, standards, codes, or directives.

The Contractor should inspect this property prior to installation to ascertain safe condition. The Contractor shall assume all liability for claims arising from its use or misuse while in the Contractor’s possession and shall hold the Government harmless from any claims by the Contractor employees or others.

b. Utilities - The Contractor may use Government utilities where available. The Contractor shall make a dedicated effort to conserve utilities and shall comply with all Government regulations regarding energy conservation. Government furnished utilities shall be used only in the performance of work specified in this contract. Where water and electricity are not provided, the Contractor must obtain them from other sources at no additional expense to the Government.

c. Forms -All Department of Defense forms required by the Government to be used under this contract will be provided by the Government.

d. Operating Manuals - Equipment or facility operating manuals and suppliers’ catalogs presently maintained by the Government will be made available to the Contractor on an as needed basis.

e. Control - Contractor shall establish a control system to ensure that Government furnished items is utilized only for contract purposes. Upon completion (including any extension of contract terms) or termination of the contract, for any reason, and except for fair wear and tear, the Contractor shall return all Government furnished items and any unused material, supplies or parts in the same condition as received. Any discrepancies (except for fair wear and tear), damages or deficiencies in the inventory shall be chargeable against the Contractor.

1.22 CONTRACTOR FURNISHED ITEMS.

a. General - Except as described elsewhere in this contract, the Contractor shall furnish all personnel, management, inspections, facilities, vehicles, transportation, equipment and operators, supplies, tools, materials, and parts necessary to accomplish all required services. All Contractor furnished items shall meet all applicable Federal, State, and local laws or regulations. When a Delivery Order requires the use of the equipment or vehicles specified, such items shall include a qualified and competent operator.

Unless otherwise specified, when the Contractor provides services under a Delivery Order, the Contractor shall provide all the necessary “tools of the trade” to accomplish the work.

b. Submittals - Contractor shall submit manufacturer’s instructions including special provisions required to install equipment components and system packages. If necessary, data composed of catalog cuts, brochures, circulars, specifications and product data, and printed information in sufficient detail and scope to verify compliance. Submittals must be made prior to installation.

1.23 SAFEGUARDING GOVERNMENT PROPERTY. The Contractor shall cooperate with Government personnel in safeguarding Government property. The Contractor shall be responsible for reporting all acts of vandalism, larceny, or pilferage to the COR. The Contractor shall establish security procedures and safeguards that are compatible with the Government’s existing procedures to protect all equipment, materials, supplies, tools, and other resources. The Contractor shall cooperate with and provide any assistance necessary to the Government during any audits, usage checks of expendable property and inventories of non-expendable property. The Contractor shall maintain accurate records and make them available to the Government upon request.

1.24 NOTIFICATION OF WORK TO BE DONE. When the Contractor is notified of work required under these specifications, the Contractor shall begin work in accordance with 1.19. The notification to the Contractor of work to be performed will be by issuance of Delivery Orders (DD1449). Except for emergency work to correct problems caused by failures or deficiencies to project facilities and property which constitutes an immediate danger or health hazard, major inconvenience, or a threat to property (see1.18 and 1.19), absolutely no work will begin prior to issuance of a Delivery Order.

Upon issuance of a task item Delivery Order, the Delivery Order becomes a firm, fixed-price order for work specified, based on the contract bid prices. The Contractor shall, upon invoicing, be paid the amount shown on the Delivery Order.

1.25 MINIMUM MAN-POWER REQUIREMENTS. The Contractor shall provide an adequate number of fully qualified personnel to perform the work specified herein. Personnel required to handle emergency situations shall be available on call.

1.26 MINIMUM PERSONNEL QUALIFICATIONS. Employees, technical personnel, and subcontractors 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. Only qualified applicators shall perform herbicide/pesticide applications. Licensure/Certifications must be supplied to the COR before any herbicide/pesticide application is performed. Only properly trained and qualified employees or subcontractors shall be used in the performance of this contract. All employees shall be subject to such Government regulations as are applicable during the time spent performing work under this contract.

A file containing the qualifications (education and experience) and/or certification and/or licenses of each employee and subcontractor shall be maintained by the Contractor. 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.

1.27 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 and carefully fit their own work to such other additional work as may be directed by the COR. The Contractor shall not commit or permit any act, which 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.

1.29 DAMAGE TO GOVERNMENT PROPERTY. The Contractor shall use reasonable care to avoid damaging buildings, equipment, vegetation, and other Government property. If the Contractor damages or loses any of this property, the Contractor shall replace or repair the damage, at no cost to the Government, as the COR directs. A written report of the incident and extent of such damage shall be submitted to the COR within 2 working days (less weekends and holidays) of the occurrence. If the Contractor fails or refuses to make such repairs or replacements, the Contractor shall be liable for the cost, which will be deducted from the contract bid price.

1.30 DEFINITIONS. As used throughout descriptions/specification/work statement, the following terms shall have the meaning set forth below:

a. Contractor. The term Contractor refers to the prime Contractor and all contractors’ employees and personnel. The prime Contractor shall be responsible for ensuring all subcontractors comply with the provisions of this contract.

b. Contractor Representative. Individual selected to represent the interests of the Contractor with regards to all matters involving this contract.

c. Contracting Officer. A person with authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

d. Contracting Officer’s Representative (COR). An individual designated in writing by the Contracting Officer to be responsible for administration of the contract.

e. Emergency Service Call. Services provided by the Contractor after issuance of DD Form 1449 Delivery Order for generally undefinable work for a specified skill such as electrical, plumbing, carpentry, etc., that requires up to two man-hours of labor on-site at any time outside normal working hours. Includes all costs to perform the specified work except the Contractor will be reimbursed separately for the cost of repair parts and replacement parts except as excluded in 1.4a

f. Maintenance. The recurring day-to-day, periodic, or scheduled work required to preserve or maintain a facility, a piece of equipment, or any other item in such condition that it may be effectively utilized for its designated functional purpose. Maintenance includes work undertaken to prevent damage to a facility which otherwise would be more costly to restore. Maintenance also includes work to sustain existing components.

g. Major Subcontractor. A subcontractor that performs other than one-time or incidental services of a minor nature. A subcontractor that is being used to perform services on a routine, recurring basis.

h. Normal Service Call. Services provided by the Contractor after issuance of DD Form 1449 Delivery Order for generally undefinable work of a specified skill such as electrical, plumbing, carpentry, etc.

that requires up to two man-hours of labor on-site during normal working hours. Includes all costs incurred by the Contractor except the Contractor will be reimbursed separately for the invoiced retail cost of repair parts and replacement parts except as excluded in 1.4a.

i. Office. Areas primarily for clerical or administrative functions and which usually contain desks, chairs, file cabinets, tables, and other common office furnishings.

j. Preventative Maintenance. Preventative maintenance is the correction of incipient failures before they develop into major defects requiring costly correction.

k. Preventative Maintenance Service. Acts of maintenance done to prevent failures and to insure efficient operation on a routine schedule.

l. Quality Assurance. A method used by the Government to provide a measure of control over the quality of services performed by the Contractor.

m. Quality Control. A method used by the Contractor to control the quality of services provided.

n. Relocate. All support activities including all miscellaneous parts, labor overhead, transportation, etc. to physically remove an item from one location and move it to another location within the same park.

o. Task Item. Work described in detail in the specifications for services to be provided by the Contractor upon issuance of DD Form 1449 Delivery Order. The Contractor must perform work to the specified standards and within the acceptable quality level for the amount listed in the bid item for that service.

The bid amount is total reimbursement by the Government for the Contractor providing the service.

SECTION 2

EQUIPMENT

2.1 General. The contractor shall make available for use on Government sites, either singly or in…