Solicitation_W912BV19Q0083.pdf

SEE ADDENDUM

(No Collect Calls)

W912BV19Q0083 19-Aug-2019

b. TELEPHONE NUMBER

918.669.7173

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 05 Sep 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912BV9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

AMY C FEEMSTER

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIV

US ARMY CORPS OF ENGINEERS, TULSA DISTRICT

2488 E. 81ST STREET

TULSA OK 74137-4290

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

918-669-7436FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$38,500,000

NAICS:

562119

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF48

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912BV19Q0083

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTION TO OFFERORS

nstructions to Offerors

MAIL, FAX, EMAIL or HAND DELIVER YOUR DOCUMENTS

Do not include excess information, to include audio-visual materials, electronic media, CD’s, thumbdrives, etc. or pages of the solicitation that do not contain information provided by the perspective offeror. NO cross outs or strike through marks. Submit a legible quote with no correction marks.

EMAIL

Emailed quotes must be received in a supported Adobe or Microsoft Office file format. These formats are the only acceptable methods of submitting a quote electronically. Cloud storage providers, google docs, web based drop boxes, OneNote/OneDrive, URLs, web-based format, or any other virtual/web-based memory service are NOT acceptable methods of submitting a quote electronically. All documents must be attached in one file. Reference the solicitation in the subject line. Send quotes to E-mail address CESWT-CT-SS-Quotes@usace.army.mil and copy Amy.C.Feemster@usace.army.mil. Ensure your quote is received before the due date and time. In order for your quote to be considered responsive, all required materials must be received before the due date and time. If all required materials are not received your quote will not be considered.

FAX or MAIL

Include a cover sheet that references the Contract Specialist – Amy C. Feemster and the solicitation number. When submitting through mail ensure you clearly mark the envelope to:

US Army Corps of Engineers, Tulsa District Amy C. Feemster, CECT-SWT-CT 2488 E. 81st Street Tulsa, OK 74137-4290

Clearly mark the envelope in the lower left hand corner with the solicitation number. All pages should be numbered.

Use only 8 ½ by 11 inch paper for fax or mail submissions. Do not use fold-outs (e.g., 11” x 14” or 11” x 17” sheets). Do not use a font size smaller than 10, or condensed print for any submission. Time New Roman or Arial Font are the only acceptable fonts. All page margins must be at least 1 inch wide, but may include headers and footers. Illegible handwritten quotes will not be considered. Typed quotes are highly encouraged and the preferred method. Do not use spring clamps, staples, or exceed the recommended capacity of the fastener or binder. Do not use plastic multi-hole/spiral binding systems, heat binding systems, or other systems which do not facilitate the ready insertion of additional pages or removal of pages. DO NOT use tabbed dividers, flagged tabs, or any divider that extends beyond the paper size to separate sections. The pages must be able to be removed from their binding without ripping or tearing. Ensure to allow enough time to submit your quote before the due date and time.

HAND DELIVER

If your submission will be hand-carried, please provide notification to the Contract Specialist at least one working day in advance (918-669-7173) or Amy.c.feemster@USACE.Army.mil, as unescorted visitors are not allowed in the Contracting Division offices. Please consider in your arrival that visitors must go through security check points on the 16th floor of the 20 story Building. Offerors can only submit their documents to the Contract Specialist or a Contracting Officer of the Tulsa District Office. The address of the Tulsa District Office is below:

US Army Corps of Engineers, Tulsa District 2488 E. 81st Street Tulsa, OK 74137-4290

Please submit the following documents:

1) A signed copy of the 1st page of the solicitation and all amendments

2) The pricing schedule provided in the solicitation.

3) Complete and return the Representations and Certifications in Section K unless already completed in the

System for Awards Management at www.sam.gov.

Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.

BIDDERS INQUIRY

INQUIRIES – OFFEROR’S QUESTIONS AND COMMENTS

USE OF BIDDER’S INQUIRY

Prospective offerors shall submit questions and inquiries related to this solicitation in accordance with the following (no other means of questions or inquiries will be answered except through Bidder Inquiry):

a. For information related to amendments, and the dates set for receipt of proposals, please check http://www.fedbizopps.gov

b. Contractual and Technical inquiries and questions relating to proposal procedures are to be submitted via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet.

1. To submit and review bid inquiry items, offerors will need to be a current registered user or self‐register into the system. To self‐register go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your e‐mail address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continues.

2. From this page you may view all bidder inquiries or add an inquiry.

3. Bidders will receive an acknowledgement of their question via e‐mail, followed by an answer to their question after it has been processed.

4. The Solicitation Numbers are: W912BV19Q0083

The Bidder Inquiry Key is: E98PXS-PH6V85

5. Address/enter only one question/issue per entry.

c. The Bidder Inquiry System will be unavailable for new inquiries 10:00am (Central) Friday, 30 August 2019 in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

d. Offerors are requested to review the specification in its entirety, and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

e. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800‐428‐HELP.

f. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

g. The point of contact for this solicitation is:

Contract Specialist: Amy C. Feemster Telephone: 918‐669‐7173 E‐MAIL: Amy.C.Feemster@USACE.Amy.mil

Section B - Supplies or Services and Prices

PRICING SCHEDULE

Bid Schedule

CLIN DESCRIPTION QTY UNIT UNIT PRICE TOTAL AMOUNT

0001 Toronto Debris Removal 1 Job $__________ $_____________ and Disposal as per SECTION C

0002 OPTION T-1 – Toronto Debris 1 Job $__________ $_____________ Removal and Disposal as per

SECTION C

0003 OPTION E-1 – Elk City Debris 1 Job $__________ $_____________ Removal and Disposal as per

SECTION C

0004 OPTION F-1 – Fall River Debris 1 Job $__________ $_____________ Removal and Disposal as per

SECTION C

0005 OPTION F2 – Fall River Debris 1 Job $__________ $_____________ Removal and Disposal as per

SECTION C

0006 OPTION J-1 – John Redmond 1 Job $__________ $_____________ Debris Removal and Disposal as per SECTION C

0007 OPTION J-2 - John Redmond 1 Job $__________ $_____________ Debris Removal and Disposal as per SECTION C

0008 OPTION C-1 – Council Grove 1 Job $__________ $_____________ Debris Removal and Disposal as per SECTION C

TOTAL: $_____________

Section C - Descriptions and Specifications

SCOPE OF WORK

Scope of Work for Upstream Embankment Debris Removal and Disposal Toronto Lake, Elk City Lake, Fall River Lake, John Redmond Reservoir, and Council Grove Lake.

KANSAS

PART 1 – GENERAL

1.1 SCOPE OF WORK

The contractor shall provide labor, equipment, and materials needed to efficiently complete all work in accordance with this scope of work, the attached drawings, the specifications, and all other contract documents and requirements. The final result will be an upstream embankment free of debris at the Toronto Dam Embankment. This Scope of Work contains option bid items for expanding work performance at Toronto Dam Embankment, Elk City Dam Embankment, Fall River Dam Embankment, John Redmond Dam Embankment, and Council Grove Dam Embankment. The earth-fill dam embankments are protected by riprap on the upstream face.

Debris (trees, limbs, trash, etc.) accumulates on the upstream side of the dam embankments during periods of high water.

Base Bid Item: Toronto Lake Upstream Dam Embankment Debris Removal and Disposal. Located approximately 5 miles North of Coffeyville, Kansas off KS Highway 105, in Woodson County. (Reference Map for Area of Performance).

Option Bid Item T-1: Toronto Lake Upstream Dam Embankment Debris Removal and Disposal. Located approximately 5 miles North of Coffeyville, Kansas off KS Highway 105, in Woodson County. (Reference Map for Area of Performance).

Option Bid Item E-1: Elk City Lake Upstream Dam Embankment Debris Removal and Disposal. Located approximately 10 miles Northwest of Independence, Kansas off KS State Road 3300, in Montgomery County. (Reference Map for Area of Performance).

Option Bid Item F-1: Fall River Lake Upstream Dam Embankment Debris Removal and Disposal. Located 4 miles off US Route 400 Northwest of Fall River, KS in Greenwood County. (Reference Map for Area of Performance).

Option Bid Item F-2: Fall River Lake Upstream Dam Embankment Debris Removal and

Disposal. Located 4 miles off US Route 400 Northwest of Fall River, KS in Greenwood County. (Reference Map for Area of Performance).

Option Bid Item J-1: John Redmond Reservoir Upstream Dam Embankment Debris

Removal and Disposal. Located approximately 5 miles Northwest of Burlington, Kansas, off of U.S. Highway 75, in Coffey County. (Reference Map for Area of Performance).

Option Bid Item J-2: John Redmond Reservoir Upstream Dam Embankment Debris Removal and Disposal. Located approximately 5 miles Northwest of Burlington, Kansas, off of U.S. Highway 75, in Coffey County. (Reference Map for Area of Performance).

Option Bid Item C-1: Council Grove Lake Upstream Dam Embankment Debris

Removal and Disposal. Located on North Union Street just North of Council Grove, KS in Morris County. (Reference Map for Area of Performance).

1.2 REFERENCES

US ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS

MANUAL, EM 385-1.1, 30 NOV 14

Manual on Uniform Traffic Control Devices (hereafter referred to as the MUTCD), 2009 version with Revisions 1 and 2

1.3 BASIS FOR PAYMENT

Payment will be made in a lump sum upon completion of work. The basis for payment under this contract is completion of the total prescribed work to remove and burn the debris defined below under the terms of this contract. The contract price shall be full compensation for furnishing all materials, equipment, labor, and incidentals necessary to complete the work as specified. The Government shall make a final inspection and acceptance of the work before payment is authorized.

1.4 WORK HOURS

Regular work hours will be from 7:00 am- 4:30 pm Monday through Friday, excluding federal holidays. Any proposed changes to the work hours must be approved by the Contracting Officer’s Representative (COR).

1.5 COMPLETION TIME

Work shall begin no later than 40 calendar days after award and each awarded option will have the following period of performance (PoP) not including weather delays:

BASE BID: 25 Calendar Days Option T-1: 15 Calendar Days Option E-1: 40 Calendar Days Option F-1: 25 Calendar Days Option F-2: 15 Calendar Days Option J-1: 50 Calendar Days Option J-2: 10 Calendar Days Option C-1: 40 Calendar Days

1. 6 SAFETY REQUIREMENTS

The contractor shall comply with the Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 dated 30 November 2014 in addition to all applicable Federal, State, and Local safety codes and practices. It is the contractor's responsibility to insure public safety during the entire duration of the contract. Necessary signs, barriers, warning devices, etc. shall be operated and maintained by the contractor at contractor expense. Contractor employees shall comply with the minimum dress requirements as stated in Chapter 5 of EM 385-1-1.

1.7 EQUIPMENT

All equipment used to perform work under this contract shall be in good operating and mechanical condition and shall comply with EM 385-1-1. All equipment shall be inspected by the contractor and the inspection reports shall be submitted to the Contracting Officer’s Representative prior to utilization of such equipment to accomplish work on this contract.

Equipment designated for use on the water must be inspected with Government Representative on site. Equipment with fluid leaks such as gasoline, oil, and hydraulic fluid are NOT authorized for use and equipment needing repairs must be removed from Government Property for servicing.

1.8 WEATHER LIMITATIONS

The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for project location and will constitute the base line for monthly weather time evaluations. The contractor’s progress schedule must reflect these anticipated weather delays in all-weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (5) DAY WORK WEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

4 4 4 5 5 4 4 4 4 3 4 4

1.9 SUBMITTALS

The contractor may be required to furnish certain submittals. These submittals may be progress reports, certifications of materials, safety plans, drawings, training certifications, work plans, etc.

These will be specifically listed and shall be furnished to the Contracting Officer’s Representative. Submittals requiring Government approval shall be formally prepared and approval granted prior to proceeding with work involving these submittals. FIO (For Information Only) submittals do not require Government approval.

The basic submittals shall include but are not limited to:

Contracting Company’s Health and Safety Program.

Job Plan Including:

Proposed Schedule.

List of Equipment Needed for Specific Tasks.

List of Personnel Needed for Specific Tasks.

Key Personnel Certificates, Qualifications, and Credentials.

Accident Prevention Plan (APP).

Activity Hazard Analysis (AHA) for All Definable Features of Work.

Anti-terrorism Level 1 Awareness for all personnel accessing the jobsite (including sub-contractors).

Proof of E-verify performed on all personnel accessing the jobsite (including sub-contractors).

Daily site visit, status reports, and pictures.

**Materials, Components, and Equipment Used, Replaced, or Disposed on Government Property or Originating from Government Property shall also require the Contractor to furnish certain documentation at the discretion of the Contracting Officer’s Representative.

1.10 PREWORK CONFERENCE

A pre-work conference will be held with the Contracting Officer’s Representative (COR) and the Contractor prior to the commencement of any work. The contractor's responsible person and necessary administrative staff will be required to attend this meeting. Procedures for proper invoicing and payment, schedule, etc., will be covered at this time.

1.11 ENVIRONMENTAL CLEANUP

The contractor shall maintain a clean work area at all times. The contractor shall be responsible for the protection and preservation of the environment and will be required to restore all damages/disturbances subject to the approval of the Contracting Officer. The contractor shall remove and dispose of all debris off Government property in a state approved disposal site unless specified otherwise. The contractor will be required to comply with all Federal and State environmental requirements.

1.12 COORDINATION OF WORK

The contractor shall coordinate all work with the Contracting Officer’s Representative, maintain communications with lake office personnel relating to campsite use, and efficiently raise awareness to the effected public. The Contractor shall be required to complete the work without impacting the day to day operations in the park. The Government point of contact (POC) for this work will be Eugene Goff at (620) 364-8614. The contractor must also allow government representatives access to contractor facilities with 24-hour notice.

1.13 ANTITERRORISM AND OPERATIONS SECURITY REQUIREMENTS

The Contractor shall be responsible for ensuring all personnel, to include sub-contractor personnel, comply with the training requirements and procedures identified on the document titled “Antiterrorism/Operations Security Requirements” in Section H, Special Contract Requirements. When items for which training is identified, the Contractor shall ensure that all personnel complete acknowledgement for the specified training; the Contractor is responsible for ensuring all training acknowledgments, when applicable, are submitted to the COR or Contracting Officer within 10 calendar days of contract award (or NTP for construction contracts). In no event shall any contractor or sub-contractor personnel be onsite prior to completion of any applicable training and submission of training verification. Training materials and verification forms will be provided by the Contracting Officer upon written request. Pre‐ screen candidates using E‐Verify Program. 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 contractor 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 COR no later than 3 business days after the initial contract award.

1.13.1. Training materials and verification forms will be provided within two business days of Contract Award.

1.13.2. Per the ANTITERRORISM/OPERATIONS SECURITY REQUIREMENTS, Jun 2015, incorporated in SECTION H, Item 2b:

1.13.2.1. For contractors who do not require CAC, but require access to a DoD facility or installation. Proposed language: Contractor and all associated sub‐contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC‐III) and Terrorist Screening Database (TSDB) (Army Directive 2014‐05 / AR 190‐13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

1.13.2.2. Contractor personnel who are intended to access Government Facilities unescorted MUST provide the following to the Tulsa District Security Officer prior to attempting to access Government Facilities:

1. PSIP Form completed (Form will be provided upon request)

2. OF 0306 completed

3. Two copies of FD 258 (finger print cards) completed

4. Copy of birth certificate, passport, or Certificate of Naturalization

5. Copy of State issued drivers license or state ID

6. Simple Resume' covering past seven years

7. Employees will need to complete the SF 86 and retain this copy. Employees should retain copies of all the above forms.

1.13.2.3. Once the above forms are turned over the background check will be initiated.

The Employees will receive notification/email from the Office of Personnel Management providing them information to fill out an SF 85 on-line.

1.14 CONTRACTOR PERSONNEL

Personnel hired by the contractor shall be fully qualified to perform the work in a professional manner and in industry installation standards. The Contracting Officer may require, in writing, that the contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

The contractor is responsible for providing the Contracting Officer’s Representative with a copy all required licenses, certifications, and other documents pertaining to the contracted personnel.

1.15 DEFINITIONS

Debris Debris consists of driftwood greater than six (6) inches in diameter or six (6) feet in length, including root balls and stumps.

Clearing Clearing consists of cutting of debris into sections for safe handling and the satisfactory removal from the upstream face of the dam embankments.

Disposal Options Disposal consists of loading and transporting the debris to the designated areas located within 2 miles of the dam embankments or within the recreation area, then burning or chipping the debris.

The debris may also be transported to a Kansas Department of Health and Environment (KDHE) approved disposal site.

PART 2 – PRODUCTS

2.1 MATERIALS

NONE SPECIFIED

2.2 DELIVERY AND STORAGE

No Special Requirements

2.3 GOVERNMENT FURNISHED PROPERTY

NONE

PART 3 – EXECUTION

3.1 ACCOMPLISHMENT OF WORK

The acceptance of work performed will be determined by the Contracting Officer’s Representative in reference to the pre-negotiated performance standards outlined in this Scope of Work. All negotiations shall be performed by the Contracting Officer and any modifications or changes to the contract will be reflected in the Contracting Officer’s Representative’s assessment of contract compliance and performance.

3.2 MANDATORY PRE-BID SITE VISIT

A pre-bid site visit is highly encouraged in order to gather all information needed to assess the current site conditions and materials needed for accurate proposals.

3.3 SITE PREPARATION

The contractor shall be responsible for all aspects of pre-work activities for all definable features of work including establishing traffic control and ensuring public safety as required. All traffic control devices must be MUTCD compliant and if road closures are necessary; all activities must be approved by both the U.S. Army Corps of Engineers and the State of Kansas. Traffic control maps will be a required submittal to the Contracting Officer’s Representative and must also be given to the County Emergency Manager.

3.4 PERFORMANCE OF WORK / CONDITIONS AND CAVEATS

3.4.1 Equipment Access

Vehicles and motorized equipment are not permitted on the dam embankments and slope protection areas. Fall River Lake has a road access across a portion of the embankment where vehicles and motorized equipment will be permitted.

3.4.2 Existing Riprap Slope Protection

Damage to existing riprap slope protection, dam embankments, guardrails, guardrail posts, signs and signposts and turf due to the debris removal operation shall be repaired to like condition prior to the damage, at the Contractor’s expense, as determined by the Contracting Officer.

3.4.3 Dam Embankments

The work areas include the entire upstream rocked portions of the dam embankments, extending an additional 100 feet upstream past the rocked portions along the lakes shorelines. At Fall River and Toronto, there is a rocked portion of the dam on the west side of the bridge decks that is considered part of the work area. The pool levels for the lakes will be maintained at or near the seasonal pool level with slight variations, however, water may be stored above the seasonal elevations when flooding conditions occur. The Contractor shall coordinate with the Contracting Officer’s Representative to determine expected pool level increases; 48 hours advance notice of an anticipated pool raise is normally available. The Contractor shall assure that debris already staged/piled on the embankment is removed or disposed of prior to being inundated by an elevated water pool.

3.4.4 Clearing

Debris shall be cut into sections which can be safely handled and hauled to the disposal area(s). Embankment work shall begin at one end of the dam and progress to other end.

Daily work progress shall be documented by the Contractor on their form using beginning and ending reference marks and pool levels, including digital photos of each day’s progress. Clearing shall extend from the water to the top of the embankment and as outlined on the map and be accepted as a submittal by the COR.

3.4.5 Clearing During Higher Lake Elevations

In the event of flooding, work may temporarily be suspended until the pool level returns to normal as determined by the COR and through coordination with the contractor.

Flooding or flood pool level for purposes in this contract is considered pool elevations above:

901.5 ft. for Toronto Lake

796.0 ft. for Elk City Lake

948.5 ft. for Fall River Lake

1041.0 ft. for John Redmond Lake

1274.0 ft. for Council Grove

If work is suspended, work shall resume at the last stopping point documented by the contractor and agreed upon by the COR. The Contractor is not required to return to areas previously documented as complete by the COR. An extension on time required to complete the job may be authorized if requested in writing to the Contracting Officer by the contractor. If there are any disagreements as to the last documented stopping point the Contracting Officer shall be the deciding party.

3.5 DISPOSAL

3.5.1 Burning Option

Logs, stumps, root balls, and other debris and wooden refuse shall/may be disposed of by burning at the designated burn sites. Debris shall be hauled and burned according to the work plan, as approved by the COR, and in a manner to prevent damage to existing trees and structures. Debris shall not be burned on the embankment. Any loss or damage due to the burning operation shall be the responsibility of the Contractor. The designated burn sites shall be cleared of dry vegetation by the Contractor prior to any burning to prevent spreading of the fire. The Contractor is responsible for compliance with all Federal, State, and local laws and regulations regarding burning of debris and shall notify the COR and appropriate local authorities prior to burning. The Contractor shall obtain burn permits, if required, from the appropriate State and/or County Officials.

3.5.2 Chipping/Shredding Option

Logs, stumps, root balls, and other debris and wooden refuse shall/may be disposed of by Chipping/Shredding. Debris shall be hauled and chipped/shred according to the work plan, as approved by the COR, and in a manner to prevent damage to existing trees and structures. The wood chips and shreds will be piled in designated areas and shall not be disposed of on the embankment.

3.5.3 Combination of Options

The Contractor may combine burning, chipping/shredding, and transport of debris according to the work plan, as approved by the COR, and in a manner to prevent damage to existing trees and structures.

3.5.4 Finish Grading

Any remaining debris will be disposed of at a KDHE approved disposal site location off Project lands by the contractor. Burn areas, haul roads, and adjacent disturbed areas shall be smooth graded and compacted after completion of the debris disposal.

3.6 Inspections / Acceptance of Work

All equipment will be inspected upon arrival by the Contracting Officer’s Representative for compliance and daily by the Contractor which shall be recorded in the contractor’s daily reports.

The Areas of Performance will be inspected by the Contracting Officer’s Representative for contract compliance throughout duration of contractor performance and prior to acceptance of work. Debris that has been cut and not removed will not be accepted.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-1 Contractor Inspection Requirements APR 1984 52.246-4 Inspection Of Services--Fixed Price AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

52.242-15 Stop-Work Order AUG 1989

Section G - Contract Administration Data

252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7006 Billing Instructions OCT 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

ANTITERRORISM/OPERATIONS SECURITY REQUIREMENTS, Jun 2015

The Contractor shall comply with the following requirements marked with an “X”.

X

1. AT Level I Training. This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility or area. Proposed language: "All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum."

2. Access and General Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area.

Proposed language: "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/facility 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 (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) 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 installation or facility change, the Government may require changes in contractor security matters or processes."

2a. For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05 and Homeland Security Presidential Directive-12 (HSPD-12). Proposed language: “The contractor and all sub-contractors employees will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an interim CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.”

2b. For contractors who do not require CAC, but require access to a DoD facility or installation.

Proposed language: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

3. AT Awareness Training for Contractor Personnel Traveling Overseas. This standard language text required US based contractor employees and associated sub-contractor employees to make available and to receive government provided area of responsibility (AOR) specific AT awareness training as directed by AR 525-13 (Antiterrorism). Specific AOR training content is directed by the combatant commander with the unit ATO being the local point of contact. Proposed language: "All US based contractor employees and associated sub-contractor employees traveling overseas will receive the government provided AOR specific

AT awareness training. The documentation of training completion must be provided to the COR prior to departure.”

4. Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something). This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. Proposed language: "The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training."

5. Contractor Employees Who Require Access to Government Information Systems. This standard language text is for contractor employees with access to government info system. Proposed language: "All contractor employees with access to a government info system must be registered in the Army Training Certification Tracking System (ATCTS) at commencement of services, and must successfully complete the DOD information Assurance Awareness prior to access to the information systems and then annually thereafter in accordance with personnel security standards listed in AR 25-2 (Information Assurance), an appropriate background investigation will be conducted prior to accessing the government information systems."

6. For Contracts that Require an OPSEC Standing Operating Procedure/Plan. This standard language text is for contractor employees with an area of performance for classified contracts or if the contract employee has access or responsibility to protect critical information. The Contractor, in collaboration with RA OPSEC Officer, shall develop an OPSEC Standard Operating Procedure (SOP)/Plan within 90 calendar days of contract award per AR 530-1 (Operations Security). Proposed language: "The Contractor shall develop an OPSEC SOP/Plan within 90 days of contract award. The OPSEC SOP/Plan must be reviewed and approved by the RA OPSEC Officer. The SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator."

7. For Contracts that Require OPSEC Training. Per AR 530-1, (Operations Security) contractor employees must complete Level I OPSEC Training within 30 calendar days of contract award. Proposed language: "All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites:

https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum."

8. For Information assurance (IA)/information technology (IT) training. This standard language text is for contract employees who need network access and/or working IA/IT functions. Proposed language: "All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment."

9. For information assurance (IA)/information technology (IT) certification. Per DoD 8570.01-M , DFARS 252.239.7001 and AR 25-2, the contractor employees supporting IA/IT functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award. Proposed language: "All contractor employees supporting IA/IT functions shall be appropriately certified upon contract IAW DoD 8570.01-M, DFARS 252.239-7001 and AR 25-2. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award."

10. For Contractors Authorized to Accompany the Force. DFARS Clause 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States. The clause shall be used in solicitations and contracts that authorize contractor personnel to accompany US Armed

Forces deployed outside the US in contingency operations; humanitarian or peacekeeping operations; or other military operations or exercises, when designated by the combatant commander. Proposed language:

"All contractor employees shall ensure the following AT/OPSEC requirements are met prior to deploying personnel authorized to accompany U.S. Armed Forces outside the United States; to include compliance with laws, regulations, pre-deployment requirements, and required training in accordance with combatant command guidance."

11. For Contracts Requiring Performance or Delivery in a Foreign Country. DFARS Clause 252.225- 7043, Antiterrorism/Force Protection for Defense Contractors Outside the US. The clause shall be used in solicitations and contracts that require performance or delivery in a foreign country. This clause applies to both contingencies and non-contingency support. Proposed language: "All non-local contracting personnel will comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractor's compliance with combatant commander and subordinate task force commander policies and directives."

12. For Contracts That Require Handling or Access to Classified Information. This clause involves access to classified information, i.e. “Confidential,” “Secret,” or “Top Secret”. Proposed language:

"Contractor shall comply with AR 380-67 (Personnel Security Program) and Homeland Security Presidential Directive 12 (Policy for a Common Identification Standard for Federal Employees and Contractors) as well as FAR 52.204-2, Security Requirements. Additionally, Contractors must comply with - (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M); any revisions to DOD 5220.22-M, notice of which has been furnished to the contractor. For classified contracts, the DD Form 254 will be attached with the contract."

13. Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. The contractor will coordinate with the COR and/or the facility security office for access when required. (Use when security clearances are not required, i.e. facility repair or construction).

Proposed language: "All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas."

14. (FOR CLASSIFIED CONTRACTS ONLY) Contractor Company to obtain a Facility Clearance and individual clearances at the appropriate level. Proposed language: "The Prime Contractor Company must have a Facility Clearance (FCL) at the appropriate level (IAW the NISPOM DOD 5220.22-M and AR 380-49) prior to the start of the contract awarded period of performance. Contractor personnel performing work under this contract must have the required security clearance, per AR 380-67, at the appropriate level at the start of the period of performance. Security Clearances and FCL requirements are required to be maintained for the life of the contract IAW the DD Form 254 attached to the contract. If no FCL, the supporting Government Contracting Activity will sponsor the prime contract company in obtaining the

FCL."

15. Pre-screen candidates using E-Verify Program. Proposed language: "The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.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 enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

16. For contract requiring armed security guards. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area. The Physical Security Officer must or will review the PWS/SOW with the Contracting Officer (KO) for accuracy and completeness of AR 190-11 requirements. Proposed language: "All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility policies and procedures on storing weapons and ammunition IAW AR 190-11 (provided by government representative)."

17. Threat Awareness Reporting Program. For all contractors with security clearances. Per AR 381-12 Threat Awareness and Reporting Program (TARP), contractor employees must receive annual TARP training by a CI agent or other trainer as specified in 2-4b. Proposed language: "All new contractor employees will complete annual Threat Awareness and Reporting Program (TARP) Training provided by a Counterintelligence Agent, IAW AR 381-12. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee(s) or a memorandum for the record, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training.

Authorized webbased TARP training for CAC card holders is available at the following website:

https://www.us.army.mil/suite/page/655474

(END)

Section I - Contract Clauses

52.202-1 Definitions NOV 2013 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2019-O0003).

JAN 2019

52.219-8 Utilization of Small Business Concerns OCT 2018 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons JAN 2019 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

52.203-3 GRATUITIES (APR 1984)

(a) The right of the…