Solicitation_W9128F-15-T-E001_FR_FENCING.pdf

COE FT RANDALL PROJ OFC

MICHAEL HUBERT

US ARMY CORPS OF ENGINEERS

FORT RANDALL PROJECT OFFICE

399 POWERHOUSE RD

PICKSTOWN SD 57367

TEL: 605-487-7845 EXT. 3222 FAX:

W59XQG51110439

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

W9128F-15-T-E001 15-Jul-2015 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this

Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) (Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.215-1(a)

THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

03-Aug-2015(Date)

PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

701-654-7748RACHAEL M HAMMOND

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

W9128F-15-T-E001

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2,221 Linear

Foot

PARCEL 1 - CITY OF PICKSTOWN

FFP

Installation of approximately 2,221 linear feet of fence

PROJECT NO.: 401807

FOB: Destination

MILSTRIP: W59XQG51110439

PURCHASE REQUEST NUMBER: W59XQG51110439

NET AMT

0002 4,941 Linear

PARCEL 1 - CITY OF PICKSTOWN

Repair of approximately 4,941 linear feet of fence.

PROJECT NO.: 401807

FOB: Destination

0003 1,855 Linear

OPTION PARCEL 2 - RANDALL CREEK WMA

Removal of approximately 1,855 linear feet of fence

PROJECT NO.: 401807

FOB: Destination

0004 1,822 Linear

OPTION PARCEL 2 - RANDALL CREEK WMA

Installation of approximately 1,822 linear feet of fence

PROJECT NO.: 401807

FOB: Destination

0005 10,406 Linear

OPTION PARCEL 3 - SPILLWAY WMA

Repair of approximately 10,406 linear feet of fence

PROJECT NO.: 401807

Period of performance is 90 days from contract award. Options will be exercised at time of award.

FOB: Destination

BIDDING INSTRUCTIONS

Antiterrorism (AT)/Operations Security (OPSEC)

This solicitation has AT/OPSEC provisions that were not in prior contracts for similar services before 2014. Please reference the contract clauses.

SOLICITATION INSTRUCTIONS:

This solicitation is being advertised on a best value basis. Reference paragraph 1.5 Scope of Work for more information on the evaluation criteria.

Please complete and return the following:

- The Standard Form (SF) 18 pages where it was necessary to fill in information/price(s) and/or signature.

- The following documents necessary to evaluate the factors stated in Scope of Work paragraph 1.5:

* Past Performance

* Technical

* Price NOTE: Price is equally important to the combined importance of Past Performance & Technical.

- Section K; Offeror Representations and Certifications -- or verify registration on SAM (see paragraph later in this document).

Please enter your CAGE Code in below within the smaller block next to the word “CODE.” The company name and street address entered on the SF18 should match the System for Award Management (SAM) entry for that CAGE Code.

Due date/time:

Quotations are due by 2:00 pm on 3 August 2015. Send your completed quotation package to the attention of Rachael Hammond via mail to: rachael.m.hammond@usace.army.mil Electronic responses are preferred over paper responses.

Please reference Solicitation Number W9128F-15-T-E001 on all correspondence.

Points of Contact (POC):

For contractual questions, contact Rachael Hammond at 701-654-7748, or at rachael.m.hammond@usace.army.mil.

For technical or specification questions; contact Michael Hubert, at 605-487-7845 Ext. 3222, or michael.s.hubert@usace.army.mil.

INFORMATION PERTAINING TO MANDATORY REGISTRATIONS, CODES, NUMBERS &

REPRESENTATIONS & CERTIFICATIONS:

System for Award Management (SAM):

What is SAM?

The System for Award Management (SAM) is combining federal procurement systems and the Catalog of Federal Domestic Assistance into one new system. This consolidation is being done in phases. The first phase of SAM includes the functionality from the following systems:

* Central Contractor Registry (SAM)

* Federal Agency Registration (FedReg)

* Online Representations and Certifications Application (ORCA)

* Excluded Parties List System (EPLS)

How will SAM benefit me?

The overarching benefits of SAM include streamlined and integrated processes, elimination of data redundancies, and reduced costs while providing improved capability.

SAM registration is required prior to receiving contract award. If you are not currently registered in SAM, refer to the website at https://www.sam.gov for information and instructions on how to register.

SAM Service Desk:

URL: http://www.FSD.gov (8am - 8pm Eastern Time) US Calls: 866-606-8220 International Calls: 334-206-7828

DSN: 809-463-3376

Do not delay returning a quote while processing your SAM entry.

Electronic Funds Transfer (EFT):

EFT is a mandatory requirement for the U.S. Army Corps of Engineers. The successful offeror may be required to complete and return an EFT form unless the offeror has EFT information loaded in SAM.

NAICS Code:

This solicitation is being advertised under the North American Industrial Classification Systems (NAICS) Code is 238990. You must ensure this NAICS Code is incorporated into your current SAM profile if your company can provide the type of product or service applicable to this NAICS Code. Failure to have this NAICS Code in your current SAM profile may result in not being considered for award. NAICS Codes may be viewed at the U.S.

Census Bureau website at http://www.census.gov/eos/www/naics

Dun and Bradstreet Number (DUNS Number):

A DUNS Number is required for SAM registration. If you do not currently have a DUNS number, you may acquire one by linking to the Dun & Bradstreet (D&B) website at http://fedgov.dnb.com/webform. D&B’s Government Customer Response Center (GCRC) phone number is 866-705-5711.

Dun & Bradstreet (D&B) provides a DUNS Number, a unique nine digit identification number, for each physical location of your business.

DUNS Number assignment is free for all businesses required to register with the US Federal Government for contracts or grants.

If a DUNS Number does not exist for your business location, it can be created within 1 business day via the D&B website.

OFFEROR’S INFORMATION REQUIRED TO PROCESS AN AWARD:

CAGE Code______________________

DUNS Number ___________________

Tax Identification Number (TIN)______________________________

Company Name and Address:

(Should match SAM profile and Block 13 on SF 18)

Point of Contact:

Name_______________________________________

Title________________________________________

Business Phone ______________________________

Cell Phone (if applicable)______________________

E-Mail______________________________________

State and Local Taxes:

The U.S. Army Corps of Engineers is exempt from paying state and local taxes per Title 4 United States Code 104-

107. The U.S. Army Corps of Engineers Tax ID Number is 62-1642142.

Contractors performing services for the U.S. Army Corps of Engineers are not exempt from state and local taxes in transactions with vendors, suppliers or subcontractors.

In the State of South Dakota, there is an excise tax on the total gross receipts of all prime contractors and subcontractors engaged in realty improvement. Contractors shall include the excise tax in its quotation.

For information concerning the taxes contact: Sales and Use Tax Division, Capital Lake Plaza, Pierre, South Dakota. Telephone 605-773-3311.

Payments:

Payments will be made after receipt of a proper invoice or receipt of acceptable supplies or services, whichever is later. The contractor is required to include the contract number on all invoices so that receipt and payment for the item or service may be expeditiously processed.

Federal Legal Holidays:

The following Federal legal holidays are observed by this installation:

New Year's Day 1 January Martin Luther King's Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

If a wage determination applies, the number of holidays specified on it has priority over this clause.

Insurance Required (Local Provision):

In accordance with FAR 28.306 Insurance Under Fixed-Price Contracts and FAR 28.306(b) Work on a Government installation, as contemplated by the Contracting Officer, the coverage specified in FAR 28.307 is the minimum insurance required and shall be included in the contract. The following coverage limits are required, at a minimum, for any work performed on a Government installation under this agreement.

Type Amount Workman’s Compensation and Employer’s Liability Insurance $100,000 General Liability Insurance $500,000 per occurrence

And, when automobiles are used in connection with performing the contract:

Type Amount Automobile Liability Insurance $200,000 per person Bodily Injury $500,000 per occurrence Property Damage $ 20,000 per occurrence

And, when aircraft is used in connection with performing the contract:

Type Amount Aircraft Public and Passenger Liability Insurance $200,000 per person Bodily Injury (other than passenger injury) $500,000 per occurrence

Property Damage $200,000 per occurrence Passenger Liability Bodily Injury $200,000 multiplied by the number of seats or passengers, whichever is greater

And, when contract performance involves use of vessels, the Contracting Officer shall require, as determined by the agency, vessel collision liability and protection and indemnity insurance. The contractor is responsible for contacting the state for compliance with its workman’s compensation laws.

Section C - Descriptions and Specifications

SCOPE OF WORK

FENCING SCOPE OF WORK (SOW)

USACE FORT RANDALL PROJECT

399 POWERHOUSE ROAD

PICKSTOWN, SD 57367

1. OVERVIEW.

1.1. Background. Approximately 18,066 acres of government land is administered by the USACE Fort Randall Project. Said land starts approximately 2 miles downstream of the Fort Randall Dam and continues upstream along both riverbanks of Lake Francis Case to the southern boundaries of the Lower Brule and Crow Creek Indian Reservations. Boundary maintenance and encroachment resolution are a component of our stewardship responsibilities.

1.2. Description of Services. The contractor shall provide all personnel, equipment, supplies, facilities, utilities, transportation, tools, materials, supervision, and other items necessary to complete fencing as defined in this SOW except for those items specified as government furnished services, facilities, utilities, equipment, and materials (Section 3). The contractor shall complete boundary fencing along government land administered by the USACE Fort Randall Project that complies with the standards in this SOW. Services include: 1) fencing tasks for each parcel awarded as identified in Section 7 (Specific Tasks), 2) proper disposal of removed/waste materials at an authorized disposal site(s), and 3) preparation and submittal of invoice(s) for payment of services.

1.3. Place of Performance. The work to be performed under this contract shall be performed on government land administered by the USACE Fort Randall Project, Pickstown, South Dakota 57367. The 3 parcels are described as follows:

1.3.1. Base Offer - Parcel 1 (City of Pickstown): Sections 9 and 16, Township 95 North, Range 65 West of the 5th Prime Meridian, Charles Mix County.

1.3.2. Option 1 - Parcel 2 (Randall Creek WMA): Section 17, Township 95 North, Range 65 West of the 5th Prime Meridian, Gregory County.

1.3.3. Option 2 - Parcel 3 (Spillway WMA): Sections 10 and 16, Township 95 North, Range 65 West of the 5th Prime Meridian, Charles Mix County.

1.4. Period of Performance. The period of performance shall be for 90 days after notice of contract award, unless terminated sooner.

1.5. Type of Contract. Any contract resulting from this Request For Quotations (RFQ) will be a best value contract.

Quotes will be evaluated based upon the following 3 factors:

1.5.1. Past Performance Factor: Contractor shall provide 3 references of similar type and size jobs.

1.5.2. Technical Factor: Contractor shall provide a list of current equipment and staffing capabilities.

1.5.3. Price Factor: Contractor shall provide bid prices for all line items on the enclosed bid sheet.

1.6. Inspection of Work Area(s). It is the prospective contractor’s responsibility to inspect the areas where services are to be performed to satisfy themselves of all general and local conditions that may affect the cost of performance of the contract. Enlarged maps and aerial photographs are available for review at the USACE Fort Randall Project Office in Pickstown, South Dakota. The prospective bidder shall base his bid on his personal site visit/field assessments, rather than from any maps, aerial photos, or estimates that may be furnished by the government as background/orientation information. In no event will a failure to inspect the sites constitute grounds for withdrawal of a bid after opening, or a claim after award of the contract. Site visits should be coordinated with the POC.

1.7. Bids. The prospective contractor’s bid prices for each parcel shall be inclusive of all costs, excluding government furnished services, facilities, utilities, equipment, and materials (Section 3) that might be incurred during this contract such as, but not limited to, mobilization fee, labor, lodging, fuel, mileage, equipment, rental fees, access fees, licenses, permits, insurance, etc. The information identified under provision 1.5. (Type of Contract) is required to accompany the bid submittal in order to be consider-ed a complete bid. The government may award a contract resulting from this solicitation consisting of a single line item only or any combination of line items.

1.8. Payment. For a contract resulting in the award of a single parcel, the contractor shall submit one itemized invoice for payment containing the contract number and date along with the contractor's name, billing address, and signature. For a contract resulting in the award of multiple parcels, partial payments are authorized. At the contractor’s discretion, the contractor shall submit one itemized invoice for payment for each parcel that contains the contract number and date along with the contractor's name, billing address, and signature. All government furnished materials, both consumable (tubular steel gate(s), backfill dirt, etc.) and non-consumable (ORV permit(s), access gate key(s), etc.), shall be returned to the POC before the final invoice will be accepted for payment.

Payment will be made after satisfactory completion, inspection, and acceptance by the POC of all contract work performed, upon presentation to the Disbursing Officer of an invoice(s) covering the services rendered.

2. DEFINITIONS AND ACRONYMS.

2.1. DEFINITIONS.

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

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

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

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the scope of work.

2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

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

2.1.7. POINT OF CONTACT (POC). 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. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

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

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

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

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

2.1.13. WORK WEEK. The number of days per week the Contractor provides services in accordance with the contract.

2.2. ACRONYMS.

A-B-C Class A-Class B-Class C Fire Extinguisher CFR Code of Federal Regulations COR Contracting Officer Representative CST Central Standard Time EFT Electronic Funds Transfer EM Engineer Manual FAR Federal Acquisition Regulation GR Government Representative KO Contracting Officer ORV Off-Road Vehicle PENTA Pentachlorophenl POC Point of Contact PPD Personal Protective Device PPE Personal Protective Equipment PRECON Preconstruction QA Quality Assurance QC Quality Control RFQ Request For Quotations SOW Scope of Work T&E Threatened and Endangered Species USACE United States Army Corps of Engineers WMA Wildlife Management Area

3. GOVERNMENT FURNISHED SERVICES, FACILITIES, UTILITIES, EQUIPMENT, AND

MATERIALS.

3.1. Services: The government will perform QA through inspections.

3.2. Facilities: The government will not furnish any facilities to the contractor.

3.3. Utilities: The government will not furnish any utilities to the contractor.

3.4. Equipment: The government will not furnish any equipment to the contractor.

3.5. Materials: The government will furnish: 1) CFR, Title 36 Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects pamphlet; 2) USACE Manual EM 385-1-1 entitled “Safety and Health Requirements Manual”, dated July 2014 (electronic version); 3) ORV permit(s); 4) additional copies of the attachments (upon request); 5) area of avoidance lists (due to human activity or T&E species); 6) local emergency telephone numbers; 7) enlarged vicinity maps/aerial photographs (upon request); 8) access gate key(s);

(9) round tubular steel gates; (10) chain/padlock(s); (11) backfill dirt.

4. CONTRACTOR FURNISHED SERVICES, FACILITIES, UTILITIES, EQUIPMENT, AND

MATERIALS.

4.1. Services: The contractor shall furnish QC and all labor.

4.2. Facilities: The contractor shall furnish his own facilities.

4.3. Utilities: The contractor shall furnish his own utilities.

4.4. Equipment: The contractor shall furnish his own equipment.

4.5. Materials: The contractor shall furnish all materials, such as but not limited to, fencing materials, insurance, permits, licenses, work plan, accident prevention plan, etc. to complete the requirements of this SOW. The contractor will provide necessary protection against weather to keep all materials free from damage during shipment, storage, or in place. All of the fencing materials shall be of brand new quality and will be approved for use by the POC prior to installation. All fencing materials shall meet the following specifications:

A. Steel Line Posts: 5 ½’ long, studded, 1.33 lb.

B. Wood Line Posts: min. 4” dia. tops x 6 ½’ long, round, creosote and penta-treated C. Wood Appurtenance Posts: min. 6” dia. tops x 8’ long, round, creosote and penta-treated

D. Wood Appurtenance Posts (horizontal brace): min. 6” dia. tops x 8’ long, round, creosote and penta-treated E. Wood Pedestrian Walk-Thru Assembly Posts: min. 4” dia. tops x 6 ½’ long, round, creosote -treated F. Wood Appurtenance Posts (wire gate): min. 6” dia. tops x 8’ long, round, creosote-treated G. Wood Appurtenance Posts (tubular frame gate): min. 8” dia. tops x 8’ long, round, creosote-treated

H. Wood Pedestrian Walk-Thru Assembly Boards: 2”x6”, pressure-treated I. Barbed Wire: 12 ½ gauge – 2 point, double-stranded, galvanized J. Barbless Wire (support ties/cross brace wraps): 12 ½ gauge, double-stranded, galvanized K. Wire Stays: 48” galvanized L. Fence Staples: 1 ¾”, 8 gauge, double-barbed, galvanized M. Post Clips: 1.33 lb., galvanized N. Wood Fasteners: 4” minimum/6” maximum, 60d pole barn nails (ringed shank), coated

O. Rebar Handles: 5/8” x 24”, uncoated P. Rebar Dowels: 5/8” x 6”, uncoated

5. GENERAL SPECIFICATIONS. The contractor shall be responsible for complying with the following requirements when completing this SOW:

5.1. Quality Control. The contractor shall develop and maintain an effective quality control program to ensure fencing is completed in accordance with this SOW. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective products. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirements of this contract.

5.2. Quality Assurance. The POC will be allowed to observe and photograph all work activities conducted in completion of this SOW. The POC will inspect the work as the contract progresses. The contractor will not be paid for any work performed that is deemed defective to the POC. Any defective product(s) noted by the POC shall be corrected at no additional cost to the government. The contractor shall be responsible to perform only that work specified within the SOW, and shall receive no compensation for any work performed that is not specified within the SOW. No government personnel will be allowed to assist the contractor with actual work activities or supervision of the contractor's personnel.

5.3. Recognized Holidays. The contractor is not allowed to work on government holidays (Memorial Day, Independence Day, and Labor Day, Columbus Day) without prior authorization from the POC.

5.4. Hours of Operation. The contractor is responsible for conducting business, sunrise to sunset, Monday thru Sunday, except government holidays or when the Project office is closed due to local or national emergencies, administrative closings, or similar government directed office closings.

5.5. Personnel.

5.5.1. Key Personnel. The following personnel are considered key personnel by the government: contractor, contract manager (if applicable), and alternate contract manager (if applicable). 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 KO. The contract manager and alternate contract manager shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contractor, contract manager, and alternate contract manager shall be available between 7:30 a.m. to 4:00 p.m. CST, Monday thru Friday, except government holidays or when the Project office is closed due to local or national emergencies, administrative closings, or similar government directed office closings.

5.5.2. Key Personnel Qualifications. Qualifications for all key personnel are: 1) full knowledge of the SOW, 2) working knowledge of all fencing equipment, and 3) working knowledge of barbed-wire fencing and appurtenance construction.

5.5.3. Government Point of Contact (POC). The POC monitors all technical aspects of the contract and assists in contract administration. The POC is authorized to perform the following functions: 1) assure that the contractor performs the technical requirements of the contract; 2) perform inspections necessary in connection with contract performance; 3) maintain written and oral communications with the contractor concerning technical aspects of the contract; 4) issue written interpretations of technical requirements, including government drawings, designs, and specifications; 5) monitor contractor's performance and notifies both the KO and contractor of any deficiencies; 6) coordinate availability of government furnished property; and 7) provide site entry of contractor personnel. A letter of designation issued to the POC, a copy of which is sent to the contractor, states the responsibilities and limitations of the POC, especially with regard to changes in cost or price, estimates or changes in delivery dates. The POC is not authorized to change any of the terms and conditions of the resulting order. The POC for this contract is Mike Hubert at 605-487-7845, extension 3222.

5.5.4. Contractor Personnel. The contractor is responsible for ensuring: 1) all personnel are a minimum of eighteen (18) years of age; 2) all personnel involved with the operation of vehicles on public roadways possess and maintain a valid United States issued operator license during the period of performance of this contract; 3) all vehicles and equipment operated on public roadways are legally registered, licensed, and insured to do so and meet all State and local laws; and 4) all personnel are trained and have working knowledge of the specific vehicles/equipment they will operate and tasks they are directed to perform.

5.6. Contractor Travel. The contractor will be required to travel to and from their place of business, residence, or lodging to the three (3) parcels of government land administered by the USACE Fort Randall Project and within the work areas to complete the requirements of this SOW.

5.7. Sub-Contracting. No contract shall be made by the contractor with any other party for furnishing any of the work or services herein contracted. This provision does not apply to contracts of employment between the contractor and his employee(s).

5.8. Private Property.

5.8.1. Private Property Access and Damages. The contractor shall be responsible for coordinating and obtaining landowner permission to 1) cross private property to access work sites and 2) utilize private property for completion of required fencing activities. The contractor shall be responsible for all damages to person and property (both private and government) that occurs as a result of contractor fault or negligence.

5.8.2. Trespass Avoidance. The contractor shall be responsible for preventing livestock trespass from private property onto government property and from private property onto private property during the completion of this contract, including both working and non-working hours. The contractor shall also be responsible for minimizing the potential for human trespass from government property onto private property during the completion of this contract, including both working and non-working hours. The contractor shall be responsible for all damages to person and property (both private and government) that occurs as a result of contractor fault or negligence.

5.9. Protection of Existing Facilities and Utilities. The contractor shall be responsible for protecting all above-ground and underground appurtenances (equipment, facilities, infrastructure, or utilities) from damage. It is the contractor’s responsibility to contact the South Dakota One-Call Notification System (8-1-1) to locate any existing underground appurtenances prior to any fencing operations. Any damages resulting from the contractor’s operations shall be repaired or replaced in-kind by the contractor at no expense to the government. In the event that the contractor damages any existing underground appurtenances that have not been made known to the contractor, report thereof shall be made immediately to the KO. If the KO determines that the contractor shall make repairs, such repairs shall be completed as required by the "Changes and Changed Conditions” clause (FAR 52.243-5, subpart 43.205 (e)). Roads and surfaces shall be protected from damage by the work or if damaged shall be repaired with equal materials.

5.10. Rules and Regulations. The contractor shall abide by all USACE regulations as listed in the CFR, Title 36.

Exceptions to these regulations may be made at the discretion of the POC. Off-road travel is restricted to the actual work area. An ORV permit shall be carried by the contractor and his personnel when completing the requirements of this PWS. At the discretion of the POC, additional ORV permits are available upon request. All ORV permits issued to the contractor shall be turned in to the POC upon completion of the contract.

5.11. Licenses, Permits, Insurance and Laws. The contractor shall, without additional expense to the government, be responsible for obtaining all necessary licenses, permits, insurance, and for complying with all current federal, state, and local laws, codes, ordinances, statutes, and regulations applicable with the completion this contract. The contractor shall hold general liability insurance in the amounts specified in the clauses section of this solicitation/contract, and show proof of such, before work activities can start. The insurance policy shall be valid for the duration of the period of performance.

5.12. Equipment. It is the contractor’s responsibility to secure his personal property during working and non-working hours. The government will not be held liable for damaged, lost, stolen, or vandalized contractor property.

Areas inaccessible by motorized vehicles or mechanized equipment will require the use of foot traffic only.

5.13. Staging Area(s). Government property will be provided for use as a staging area. The storage of equipment and materials shall be kept within the limits of the assigned area.

5.14. Warranty of Construction. The contractor shall warranty all construction as required by the "Warranty of Construction" clause (FAR 52.246-21, subpart 46.710 (e) (1)).

5.15. Discrepancies. In the event that there is a discrepancy between the technical exhibits and the written specifications, the written specifications take precedence.

5.16. Security.

5.16.1. Special Qualifications. The contractor must pre-screen candidates using the E-verify Program (http://www.dhs.gov/E-Verify) website to meet the established employment eligibility requirements. The vendor must ensure that the candidate has two valid forms of government issued identification prior to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible candidates must be provided to the Government Representative no later than 3 business days after the initial contract award.

5.16.2. Security Requirements. All Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes.

5.16.3. Identification of Contractor Personnel. All contract personnel attending meetings 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. Contract personnel are not required to obtain and wear name badges. All contract personnel performing contract work requiring them to drive off-road will be issued an ORV permit by the POC at the PRECON meeting.

5.16.3. Physical Security. The contractor shall be responsible for safeguarding all government equipment, material, property, and information provided for contractor use. At the close of each work day, government facilities (access/security gates) shall be secured (when applicable).

5.16.4. Key Control. The contractor shall establish and implement methods of making sure all keys issued to the contractor by the government are not lost or misplaced and are not used by unauthorized persons. No keys issued to the contractor by the government shall be duplicated. The contractor shall develop procedures covering key control that shall be included in the quality control plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The contractor shall immediately report any occurrences of lost or duplicate keys to the KO.

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

5.16.4.2. The contractor shall prohibit the use of government issued keys 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 KO.

5.17. Meetings and Coordination.

5.17.1. PRECON Meeting. The contractor, upon receiving an "Order for Supplies or Services" from the USACE Fort Randall Project, shall contact the POC within five (5) business days after notice of award to set a date and time to conduct the PRECON meeting. At this meeting the POC and contractor shall discuss and mutually agree on the performance, requirements, and administration of the SOW. At this meeting the contractor shall submit a certificate of insurance, accident prevention plan, contact information (phone number(s), fax number(s), email address), a work plan, to include equipment and personnel requirements, and a written designation of a contract manager (if applicable) and alternate contract manager (if appli-cable). The contractor, contract manager, and alternate contract manger shall be required to attend this meeting. The work plan shall be revised as needed to produce mutually acceptable plans for performance of the work required. Once approved, the work plan shall not be changed without the approval of the POC. The non-consumable government furnished materials will be delivered to the contractor at this meeting.

5.17.2. Progress Meetings. The contractor or the contract manager shall be available to meet with the POC and other government personnel, as appropriate, at the job site periodically (minimum of twice per week) during the period of performance to review and discuss the contractor’s performance. At these meetings, the contractor or contract manager shall give oral progress reports, discuss the work schedule, and present all conflicts, discrepancies, or other difficulties for resolution. Appropriate action shall be taken to resolve and correct outstanding issues.

These meetings shall be at no additional cost to the government.

5.17.3. Coordination. Work shall be coordinated with the POC throughout the period of performance. Work shall be coordinated so that project operations will not be restricted or disrupted during critical periods in project operations.

5.18. Work Activities. The contractor shall not start fencing activities until completion of the PRECON meeting.

Afterward, it shall be the contractor's responsibility to start and provide a continuous fencing operation from day to day, weather permitting and excluding federal holidays (unless previously approved by the POC), until completion of the contracted work within the period of performance. If adverse weather conditions or unforeseen circumstances prevent the completion of the work within the period of perform-ance, the contractor will be required to submit, in writing to the POC, a request for a contract time exten-sion, which must document the cause(s) for the contracted work not being completed on time. Lack of personnel, equipment, or other work priorities will not be acceptable reasons for allowing a contract time extension. Approval of any contract extension shall be at the determination of the KO.

5.19. Housekeeping. The contractor shall keep the staging and work areas in a condition conducive to the safety of his employees and the public and in an organized appearance. Waste or surplus materials shall not be allowed to accumulate in the work areas.

5.20. Employee Safety.

5.20.1. The contractor shall be responsible for the safety of his employee(s) and for any injury or damage done by said personnel, and shall protect the government from any claims. The contractor's equipment shall meet or exceed all current federal, state, and local safety requirements. The contractor and his employees shall wear the manufacturer’s recommended personal protective equipment (PPE) during all work activities conducted in completion of this contract. The contractor and his employee(s) shall use the personal protective devices (PPD) recommended by the manufacturer during all work activities conducted in completion of this contract and shall not override any PPD at any time. The contractor shall comply with all applicable safety requirements and practices set forth in the USACE Manual EM 385-1-1 entitled “Safety and Health Requirements Manual”, dated July 2014 and available electronically from the POC. The contractor shall provide the minimum on-site safety equipment/requirements as follows:

A. The contractor shall provide at least one nonfreezing-type A-B-C fire extinguisher in each vehicle, vessel, and piece of motorized equipment (ATV, UTV, etc). Place in a location readily accessible to personnel.

B. The contractor shall provide and maintain a first aid kit commensurate with the size of the project and with items necessary for first-aid treatment of all injuries.

C. The contractor shall advise personnel of the location of first-aid kits and fire extinguishers.

D. The contractor shall post telephone numbers of nearest hospital or ambulance service and fire station in a conspicuous location and advise all personnel of locations and telephone numbers.

5.20.2. In accordance with EM 385-1-1, the contractor shall submit at the PRECON meeting an accident prevention plan to be followed by all contractor personnel during performance of the work. The plan shall be developed only after a careful analysis of the work involved and shall be tailored specifically to the conditions of this contract and at a minimum shall address the following items:

A. Responsible Individuals B. Indoctrination of New Employees C. "Tool Box" Safety Meetings D. Fire Prevention and Protection E. Housekeeping F. Mechanical Equipment Inspection G. First Aid and Medical Facilities H. Sanitation I. Personal Protective Equipment/Devices J. Accident Reporting

5.20.3. Notification of Injury. The contractor shall notify the POC immediately (on the day of occurrence) of any injury to any person resulting from the contractor's operations.

5.21. Environmental Protection.

5.21.1. Notification of Vandalism or Damage. The contractor shall notify the POC immediately (on the day of observance) of any vandalism to government property or any damage to government property resulting from the contractor's operations.

5.21.2. Environmental Protection. The contractor shall perform all work in such a manner as to minimize the polluting of air, water, or land, and shall, within reasonable limits, control noise and the disposal of solid waste materials, as well as other pollutants.

5.21.3. Protection of Land Resources. The land resources within the project boundaries and outside the limits of permanent work performed under this contract shall be preserved in their present condition or be restored to a condition after completion of construction that will appear to be natural and not detract from the appearance of the project. The contractor shall confine his work activities to areas defined by the plans or specifications.

5.21.4. Access and Parking. There are no access roads within the work areas. To minimize the impacts to land resources, the contractor shall limit the number of vehicles utilized to access the work site on a daily basis. The number of vehicles and a parking spot near the work site shall be discussed and mutually agreed upon by the POC and contractor at the PRECON meeting. Contractor vehicles shall be parked in a manner so as to avoid interference with normal work activities, the recreating public, or municipal/government operations.

5.21.5. Protection of Water Resources. The contractor shall not pollute streams, lakes, rivers or reservoirs with fuels, oils, bitumens, calcium chloride, acids, insecticides, herbicides or other harmful materials. The contractor shall investigate and comply with all applicable Federal, State, County and Municipal laws concerning pollution of rivers and streams.

5.21.6. Spillage. Special measures shall be taken to prevent chemicals, fuels, oils, grease, bituminous materials, waste washings, herbicides and insecticides, and concrete drainage from entering public waters.

The contractor shall notify the POC immediately (on the day of occurrence) of any spills resulting from the contractor's operations. In the event of a spill, the contractor shall be responsible for the cleanup of any spillage on or off government property and shall comply with the State of South Dakota Department of Environment and Natural Resources reporting requirements (http://denr.sd.gov/des/gw/Spills/Spills.aspx). In the event of a spill, the contaminated ground shall be excavated and disposed of as coordinated with and directed by the POC, and replaced with suitable fill material from an approved non-government property source, compacted and finished with topsoil and planted with native grasses as required to reestablish vegetation all at the expense of the contractor.

5.21.7. Disposal. Materials shall be removed from government property and disposed of at an authorized disposal site(s). Disposal of any materials, wastes, effluent, trash, garbage, oil, grease, chemicals, etc., in areas adjacent to streams shall not be permitted. If any waste material is dumped in unauthorized areas, the contractor shall remove the material and restore the area to the original condition before being disturbed. If necessary, contaminated ground shall be excavated and disposed of as directed by the POC, and replaced with suitable fill material, compacted and finished with topsoil and planted as required to reestablish vegetation all at the expense of the contractor.

5.21.8. Protection of Trees and Shrubs. The contractor shall not deface, injure, remove, cut, or destroy trees and shrubs, except where necessary to allow for proper fence installation in accordance with provision 6.1 (Clearing).

No ropes, cables, or guys shall be fastened to or attached to any trees or shrubs for anchorages.

5.21.9. Protection of Fish and Wildlife. The contractor shall at all times perform work and take such steps required to minimize interference with or disturbance to fish and wildlife. The contractor will not be permitted to alter water flows or otherwise disturb native habitat adjacent to the project area that, in the opinion of the POC, are critical to fish or wildlife.

5.21.10. Threatened and Endangered Species. The potential exists for T&E species to utilize government lands administered by the USACE Fort Randall Project during the period of performance. The POC will notify the contractor of areas to avoid, if any, during the contract period. It shall be the contractor’s responsibility to completely avoid these areas during the completion of the contract. Additional detailed instructions will be discussed with the contractor at the PRECON meeting

5.21.11. Erosion Control. Surface drainage from cuts and fills within the construction limits, whether or not completed, and from borrow and waste disposal areas, shall be graded to control erosion within acceptable limits.

Temporary control measures shall be provided and maintained until permanent drainage facilities are completed and operative. The area of bare soil exposed at any one time by construction operations should be held to minimum.

5.21.12. Corrective Action. The contractor shall, upon receipt of a notice in writing of any noncompliance with the foregoing provisions, take immediate corrective action. If the contractor fails or refuses to comply promptly, the KO may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of a claim for extension of time or for excess costs of damages by the contractor unless it was later determined that the contractor was in compliance.

5.21.13. Post-Construction Cleanup or Obliteration. The contractor shall, unless otherwise instructed in writing by the KO, obliterate all signs of the temporary construction, facilities such as parking areas, staging areas, work areas, cleared corridors, haul roads, structures, foundations of temporary structures, stockpiles of excess or waste materials, and vestiges of construction prior to final acceptance of the work. The disturbed areas shall be graded and filled and the entire areas seeded with native grass and forbe species pre-approved by the POC.

5.21.14. Fire Precautions. Site conditions during the period of performance are such that the potential for a grass fire exists. The contractor shall be responsible to minimize the potential for a grass fire by: 1) not smoking outside of a vehicle while working on-site and ensuring smoking products are completely extinguished prior to being disposed of in a proper receptacle; 2) insuring that all motorized vehicles and equipment are not parked in heavily vegetated areas (ie. tall grassy areas); 3) insuring that all power saws are equipped with spark arrestor muffler systems; 4) insuring that all gasoline and diesel powered equipment (excluding passenger vehicles) are equipped with spark arrestor muffler systems; 5) insuring that power saws and all gasoline and diesel powered equipment are not refueled with warm or hot spark arrestors (running or not); and 6) insuring that a nonfreezing-type A-B-C fire extinguisher commensurate with the size of the fire danger is present on all mechanized and motorized equipment and in very close proximity to power saw users. The contractor and his personnel shall have cell phones on-site with them at all times during work activities. The local emergency phone number(s) will be furnished to the contractor by the POC at the PRECON meeting.

6. TECHNICAL SPECIFICATIONS. The contractor shall be responsible for complying with the following requirements when completing this SOW:

6.1. Means and Methods. Means and methods of construction shall be such as the contractor may choose unless stated otherwise in the SOW. The KO retains the right to reject means and methods proposed which:

A.…