11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offers 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 electronic communication 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 letter or electronic communication, provided each letter or electronic communication 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 NUMBER AS DESCRIBED IN ITEM 14.

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

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, 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.)

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

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

W9127S26QA0180002

US Army Corps Of Engineers Little Rock District

Performance Work Statement

Boundary Line Maintenance

BULL SHOALS & NORFORK LAKES

Baxter, Marion, & Boone counties in Arkansas, & Ozark & Taney counties in Missouri

2026 - 2031

Description / Specifications / Work Statement

Boundary Line Maintenance Services

Mountain Home Project Office Bull Shoals and Norfork Lakes

1. Part 1 - General Information.

2. Part 2 - Definitions and Acronyms.

2.1 Definitions.

2.2 Acronyms.

3. Part 3 - Government Furnished Property, Equipment, and Services.

4. Part 4 - Contractor Furnished Items and Services.

5. Part 5 – Performance Standards for Providing Boundary Line Maintenance Services.

6. Part 6 – Applicable Publications.

7. Part 7 - Technical Documents, Exhibits, And Other Attachments.

BOUNDARY MAINTENANCE SPECIFICATIONS

BULL SHOALS and NORFORK LAKES

Part 1

General Information

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

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

1.2 Background: All previously surveyed and marked boundary line is on a rotation in which all sections of marked line are maintained about once every five years. Boundary line to be maintained is divided into (approximate) 10-mile work order segments. Bidders should be aware that portions of the boundary required to be maintained under this contract may not have been cut, painted, or had any maintenance performed for as many as 5 to 7 years, and may require considerable cutting of growth and/or re-growth of brush, vegetation, and trees as the previously cut troach line may not be visible.

1.3 Objectives:

Locating and marking survey monuments Painting of the boundary line Setting monument and online posts as necessary Affixing witness post signage Identifying and logging all observed trespasses/encroachments with type and reference to nearest survey monument Clearing vegetation from the Troach area

1.4 Scope: The Contractor shall furnish all labor, equipment, materials, tools, and supplies, except as otherwise provided for herein, required to perform clearing and marking of surveyed boundary lines of Government property surrounding Bull Shoals and Norfork Lakes. The contractor is required to identify and document any trespass encroachments found on Government property and all missing survey monuments as service is performed. All services shall be performed as specified and in strict accordance with all terms, conditions, general and special contract requirements, specifications, drawings, attachments, and exhibits contained herein or incorporated by reference.

1.4.1 Period of Performance: The period of performance shall be for one (1) Base year and four (4) option years. The Period of Performance reads as follows:

Base Year – February 1, 2026/ (award date if later) - January 31, 2027 Option Year I – February 1, 2027 - January 31, 2028 Option Year II – February 1, 2028 - January 31, 2029 Option Year III – February 1, 2029 - January 31, 2030 Option Year IV – February 1, 2030 - January 31, 2031

1.4.2 Estimated Quantities: Estimated quantities shown on the bid schedules (Technical Exhibit 4) 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 a request for additional payment. Bids are for each base year, option year and lake boundary as line items. The line items are for boundary maintenance which includes painting, setting posts, affixing witness post signage, locating, and marking monuments, logging trespasses/encroachments and clearing vegetation to create a four-foot-wide troach as described in Section 5 below. After award, the contractor will be notified with each work order of the locations (monument numbers) for starting and finishing and the distances of the boundary line to be cleared and marked of the surveyed boundary lines. The contractor will be paid at the rate bid for the distances of maintenance required.

1.4.3: The services required in this contract are in addition to routine operation and maintenance performed by Government personnel, however, the Government reserves the right to perform any or all of the services described herein with its own personnel or volunteers.

1.5 Personnel:

1.5.1 Contract Manager: Contractor will provide a contract manager to be responsible for the performance of all work and with the authority to make on-site decisions on behalf of the contractor on contract matters. Provide in writing within 10 days after contract award the name of contract manager and alternate authorized to act for the contractor when the designated contract manager is absent.

1.5.2: Contractor personnel shall present a neat appearance and shall conduct themselves in a proper manner at all times while in the performance of this contract.

1.5.3 Contract Employees Conduct and Competency: All contract employees and subcontractors shall conduct themselves in a proper manner at all times. Since a significant portion of the 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. Alcoholic or intoxicating beverages, illegal drugs, controlled substances, or drugs not prescribed by a physician shall not 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.

1.5.4: A pre-work conference will be conducted at the Mountain Home Project Office, 324 West 7th Street, Mountain Home, AR., prior to the issuance of notice to proceed and will be attended by the contractor, contract manager and alternate.

1.5.5: The Contractor shall, prior to starting work, provide a list of names, addresses, telephone numbers and social security or work visa (if foreign national) numbers of those employees who will be performing work under this contract and provide an updated copy of the list prior to allowing new employees to perform work on this contract. All Contractor employees shall be sixteen (16) years of age or older.

1.5.6 Manpower Requirements:

1.5.7: The Contractor shall provide an adequate number of qualified personnel to perform the work specified herein and in the time frame specified. The Contractor shall include all labor, travel time and transportation costs to and from the work site, administrative costs, tools, overhead and profit. The Contractor will not be reimbursed for expendable supplies.

1.5.8 Qualifications: The Contractor must be able to read and understand Corps of Engineers survey sheets and segment maps and possess a general knowledge of land surveying practices, GPS waypoint practices, and real estate property lines. The work leader on site must possess these same abilities. The Contractor shall maintain a file containing the qualifications of each employee and subcontractor. These files shall be submitted to the Contracting Officers Representative (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 but see contract clause 52.219-14 LIMITATIONS ON SUBCONTRACTING.

1.6 General Information: Right of entry on government owned land in the lake area is available to the Contractor. The Contractor shall provide right of entry on any privately owned land as required. Bidders should be aware that portions of the boundary required to be maintained under this contract may not have been cut, painted, or had any maintenance performed for as many as 5 to 7 years, and may require considerable cutting of growth and/or re-growth of brush, vegetation and trees as the previously cut troach line may not be visible.

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 assures himself that his work complies with the requirement of the contract. A copy of the contractors Quality Control Plan shall be provided to the Contracting Officer not later than ten days after award of contract. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system. The Quality Control Plan shall provide for the production of a daily report for each day worked. A daily report will be used to document any missed workdays that the contractor will reference to extend the deadline of the contract period. The daily reports for missed workdays will be submitted in daily order with the regular daily reports. A daily report shall contain the date, starting and ending monument number, and Section, Township, and Range, daily weather information, number of workers in crew, number of miles cut, number of miles painted, number of gallons of paint used, number of monument marker posts set (referenced by monument number), number of in-line posts set (referenced by the nearest monument number). Missing monuments will be documented. The contractor is encouraged to use a GPS system in which Northern and Eastern 1927 State Plain Coordinates can be downloaded or typed in for navigation to or between monuments along the boundary line. Observed trespass and/or encroachments will be documented and closest monument number and type of trespass and/or encroachment will be reported. Trespasses and/or encroachments, i.e. may be observed as out buildings, portions of houses/trailers/decks, mowing, tree cutting, storage of personal property, areas of large vegetation removal, paths or roads that extend across the government boundary line. The daily reports for the previous week’s work will be delivered to the Project Office by noon every Monday.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). The Government reserves the right to inspect the contractor’s performance using any reasonable inspection method. Government inspectors will inspect a minimum of ten (10) percent of the completed boundary line to ensure that all work has been properly completed. The area of inspection will be chosen at random by the government representative.

Government inspection will take place when the contractor turns in an invoice for a work order. The contractor will not be allowed to proceed to the next work order until verbal permission from the COR is obtained. Any deficiencies found in the inspected area will be assumed to exist uniformly along the entire length of the completed section. When an observation indicates defective performance, the COR will request the contractors representative initial the inspection report.

1.6.3 Recognized Holidays: The contractor is not required to work on the following federally observed holidays:

New Years Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day Presidents Day Veterans Day Memorial Day Thanksgiving Day Juneteenth Day Christmas Day Independence Day

1.6.4 Hours of Operation: The contractor is responsible for conducting business between the hours of 8:00 am and 4:30 p.m. Monday through 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. No work will be performed on weekends or holidays except as approved in advance by the COR or Government representative. The Government will pay no premium pay surcharge for work completed outside normal work hours. 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 is essential.

1.6.5 Place of Performance: The work to be performed under this contract will be performed on the Bull Shoals Lake and Norfork Lake boundary line.

1.6.7 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.

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.

(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.

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 does not look, sound, or smell right, report it. The simple rule is, “If you see something, say something!”

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

Disqualifying Factors Table

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.

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 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 payment due the Contractor.

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

1.6.8 Special Qualifications: The Contractor must be able to read and understand Corps of Engineers survey sheets and segment maps and possess a general knowledge of land surveying practices, GPS waypoint practices, and real estate property lines. The work leader on site must possess these same abilities. The Contractor shall maintain a file containing the qualifications of each employee and subcontractor. These files shall be submitted to the Contracting Officers Representative (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 but see contract clause 52.219-14

LIMITATIONS ON SUBCONTRACTING.

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. This pre-work conference will be conducted at the Mountain Home Project Office, 324 West 7th Street, Mountain Home, AR., prior to the issuance of notice to proceed and will be attended by the contractor, contract manager and alternate. The Contractor may be required to attend formal meetings at least weekly with the COR during the first month of the contract. Formal meetings thereafter will be as often as necessary as determined by the COR. A meeting will be held with the contractor whenever a Contract Deficiency Report is issued. 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 following personnel are considered key personnel by the government: 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 7:30 a.m. and 4:00 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:

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.

1.6.13 Contractor Travel: Not applicable.

1.6.14 Other Direct Costs: Not applicable.

1.6.15 Data Rights: The Government has unlimited rights to all documents/material s produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose.

This right does not abrogate any other Government rights.

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

1.6.17 PHASE IN /PHASE OUT PERIOD: Not applicable.

1.7 Deductions: All work specified within the contract will be completed within the period of performance after issuance of notice to proceed. Corps representatives may search for missing monuments that are documented by the contractor. If the COR locates a missing monument, documented by the contractor, within a15 minute search, the contractor’s payment may be reduced by $100 per monument from the total price of the contract. If the COR locates a monument, not found by contractor, the Contractor will be required to clear and mark that section of boundary line at no additional cost to the government. Failure to place large rocks around each monument and/or paint these rocks or to replace broken or missing posts with a new painted post or to paint a witness or online tree as specified can result in reduction of payment by 10%. Failure to return and complete the work may result in a deduction of $100.00 per monument. Trees damaged by the contractor will be subject to deduction of payment based upon value of the tree. Attention should be paid to marking the boundary line prior to cutting or painting the boundary line, as any damage to private property will be the responsibility of the contractor to restore the area to the satisfaction of the private property owner and the Corps representative.

1.7.1 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, a Contract Deficiency Report (CDR) will be issued, see exhibit C.7.31. If the nature and the schedule of this type work does not afford an opportunity to re-perform the service, a deduction will be made for the non-compliance work.

1.7.2 Performance Evaluation Meetings: The Contractor may be required to attend formal meetings at least weekly with the COR during the first month of the contract. Formal meetings thereafter will be as often as necessary as determined by the COR. A meeting will be held with the contractor whenever a Contract Deficiency Report is issued.

1.7.3 Evaluation Rating: Upon completion of this contract, the Contractor will be rated either outstanding, satisfactory, marginal, or unsatisfactory in the following areas: (1) quality control, (2) timely performance, (3) effectiveness of management, (4) compliance with labor standards and (5) 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 contract.

1.8 Weekly Communication: The contractor shall communicate weekly 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 orders. Weekly 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.

1.9 Safety Requirements:

1.9.1: All work under this contract shall be performed in accordance with safety requirements set forth in the Corps of Engineers Manual, EM 385-1-1, entitled "Safety and Health Requirements Manual", current manual and interim changes thereto. The current manual and interim changes to EM 385-1-1 (as referenced in clause 52.236-13(c)), can be viewed at the following website:

http://www.hq.usace.army.mil./soh/hqusace_soh.htm. When you get the website, click on “changes to EM”. It will be the contractor's responsibility to view the changes posted. Before work begins, the contractor shall develop an Activity Hazard Analysis and an Accident Prevention Plan in accordance with the Safety Manual. Extreme caution shall be exercised when operating vehicles, to prevent accidents and injuries to the Contractor, contractor’s employees, and private parties or damage to their property. The use of sharp-edged cutting tools should be considered a safety hazard, and it is recommended that no person work alone when brush cutting is being performed. All individuals involved in boundary maintenance shall be dressed neatly and fully to include shoes, pants, and shirt http://www.hq.usace.army.mil./soh/hqusace_soh.htm

(closed or buttoned). During all work, crew members shall wear a high visibility vest, shirt, or jacket at all times due to the high number of hunters in the woods on both public and private lands (reference EM 385-1-1-05.F.03). At no time shall any person performing work in conjunction with this contract be under the influence of alcohol or illegal/illicit drugs. Failure to follow safety guidelines will result in written safety violations issued to the contractor each time a violation occurs. Repeated safety violations will be grounds for termination of the contract. The Contractor shall not use an ATV on government property at any time.

1.9.2 Monthly Exposure Report: The total number of man-hours worked each month by the contractor, under this contract, shall be noted on Government furnished form SWD 743-J and shall be submitted at the end of each month. Payments due will not be processed without this completed SWD 743-J form.

1.9.3 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.

1.9.4 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.

PART 2

Definitions & Acronyms

2. Definitions and Acronyms:

2.1. Definitions:

2.1.1 ArcView: A geographical information system software product of Environmental systems Research Institute, Inc. (ESRI) in use at Mountain Home Project Office. Applications within ArcGIS include ArcCatalog, ArcMap, and ArcToolbox.

2.1.2 Boundary Line: The property line which separates privately owned land from land owned by the Government in fee simple title. This line is determined by drawing a straight line between two adjacent monuments.

2.1.3 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.

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

2.1.5 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.

2.1.6 Contracting Officer: The Contracting Officer is a person with the authority to enter into, administer, and terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer (COR) acting within the limits of their authority as delegated by the Contracting Officer.

2.1.7. 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.

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

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

2.1.10 DBH: Diameter at breast height (approximately 4 ½ feet above ground level)

2.1.11 Easement Lands: Lands under a perpetual flowage easement purchased by the Corps of Engineers during acquisition proceedings. Such lands are within the flood pool of Bull Shoals Lake. Restrictions on these lands include the prohibition of homes, fills, and septic systems below the flowage easement elevation.

2.1.12 Fee Line: See Boundary Line.

2.1.13 GPS: GPS or Global Positioning System is navigation technology that utilizes satellites for precise positioning of features on the surface of the earth. GPS receivers utilize software to obtain longitude and latitude coordinates that can then be exported into a GIS system via special software.

2.1.14 Inspection: Government inspectors to ensure that all work has been properly completed will inspect a minimum ten (10) percent of the completed boundary line. The area of inspection will be chosen at random by the government representative. Any deficiencies found in the inspected area will be assumed to exist uniformly along the entire length of the completed section. Payment for incomplete or deficient services will be withheld until such time that work is performed satisfactorily.

2.1.15 Invoices: Invoices for work completed shall be submitted to the Mountain Home Project Office. An invoice for completed work segments will be for approximately ten (10) miles / 52,800 feet of boundary line. The invoice will contain foot/miles completed, a description of the completed boundary maintenance offered for payment by starting and ending monument number and Section, Township, Range, and County. A copy of the invoice for any paint purchased for this contract will be submitted to the COR at the time of purchase.

2.1.16. Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used…