B.01.03_Amendment_Final.pdf

W58XUW91434604

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

See SF 30, Continuation Page for amendment details.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 22

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

16C. DATE SIGNED

BY 30-Aug-2019

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912DQ19T1013

X 9B. DATED (SEE ITEM 11)

20-Aug-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

30-Aug-2019

CODE

USACE, KANSAS CITY +

FEDERAL BLDG, CT-C

601 E 12TH ST RM 647

KANSAS CITY MO 64106-2896

W912DQ 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DQ19T1013

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The Acquisition Set Aside has changed from EDSWOSB to Small Business.

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN description has changed from BOUNDARY MAINTENANCE, 2019 BASE YEAR to

BOUNDARY MAINTENANCE, BASE YEAR.

The option status has changed from Option to No Status.

CLIN 0002

The CLIN description has changed from 2020 Option year one to 2020.

The CLIN extended description has changed from:

70 miles 70 posts Clear all woody vegetation, per the requirements of the PWS. Apply chemical to cut stubs, stumps and stems per the requirement of the PWS. Straighten and/or reset all damaged boundary reference posts per the requirement of the PWSClear and spray all vegetation within a 3 foot radius of all offset postsReport, in writing any encroachments onto government property. Collect points at all monuments and encroachments.

To:

70 miles 70 posts Clear all woody vegetation, per the requirements of the PWS. Apply chemical to cut stubs, stumps and stems per the requirement of the PWS. Straighten and/or reset all damaged boundary reference posts per the requirement of the PWSClear and spray all vegetation within a 3 foot radius of all offset postsReport, in writing any encroachments onto government property. Collect points at all monuments and encroachments.

CLIN 0003

The CLIN extended description has changed from:

100 miles plus 100 posts Clear all woody vegetation, per the requirements of the PWS. Apply chemical to cut stubs, stumps and stems per the requirement of the PWS. Straighten and/or reset all damaged boundary reference posts per the requirement of the PWSClear and spray all vegetation within a 3 foot radius of all offset postsReport, in writing any encroachments onto government property. Collect points at all monuments and encroachments.

100 miles plus 100 posts Clear all woody vegetation, per the requirements of the PWS. Apply chemical to cut stubs, stumps and stems per the requirement of the PWS. Straighten and/or reset all damaged boundary reference posts per the requirement of the PWSClear and spray all vegetation within a 3 foot radius of all offset postsReport, in writing any encroachments onto government property. Collect points at all monuments and encroachments.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

HST PERFORMANCE WORK STATEMENT

Section C - Descriptions and Specifications

SCOPE OF WORK

SECTION C

HARRY S. TRUMAN DAM AND RESERVOIR

Performance Work Statement

C.1 GENERAL INFORMATION.

C.1.1 Background. Truman Reservoir is the largest flood control reservoir in Missouri, with a storage capacity of more than 5 million acre-feet (an acre-foot = 325,000 gal.).

Recreational development is extensive. Twenty parks and access areas, managed by or leased from the U.S. Army Corps of Engineers, are conveniently located around the reservoir. Park areas at Truman Reservoir offer a wide variety of recreation facilities including boat launching ramps, campgrounds, full service marinas, picnic areas, sand swimming beaches, and a regional visitor center. Many routine maintenance items are contracted to the private sector. Mowing, refuse collection, and facility cleanup are just a few of the activities that are performed by private contractors for the Corps.

C.1.2 Scope of Work. The services to be furnished under this procurement shall consist of a post-award conference, reports, meetings, daily worksheets, etc., and furnishing all labor, equipment, supplies, and supervision, as necessary to accomplish the clearing of and application of chemical to the Harry S. Truman Project boundary, according to the attached performance work statement (PWS) and elsewhere in the contract. The Contractor shall perform tasks listed in Section C.5. Acceptable performance standards and current regulations are provided for each task. The Contractor shall monitor performance and ensure compliance in accordance with the terms and conditions.

All quantities are estimated and may be varied + or - 10% at the discretion of the COR.

Areas subject to service shall be as follows:

BOUNDARY CLEARING

AND HERBICIDE APPLICATION MAXIMUM POSTS

YEAR MILEAGE TO REPLACE

FY 2019 Base Contract 70 70 FY 2020 Option I 70 70 FY 2020 Option II 100 100 FY 2021 Option III 70 70 FY 2021 Option IV 100 100

The location and vicinity map showing the various contract boundary clearing mileage is for the purpose of offering on the solicitation. Detailed survey maps are available and can be reviewed at the Harry S. Truman Project Office, and will be furnished to the successful bidder.

C.1.3 Dates of Performance. Period of Performance for the Base CLIN will be for one (1) year from the date of award. The Work Schedule for the base year will be from 1 Nov 2019 to 31 March 2020. The Period for Option CLINs will be for one (1) year from the date the option is exercised and will have the same Work Schedule as the Base year.

C.1.3.1 Period of Contract. Services shall become effective (start) on November 1, 2019, and shall continue until the Contractor has cleared and sprayed the boundary mileage required for the base contract and has completed all the contract requirements, or until 31 March 2020, whichever comes first.

C.1.3.2 Options. Dates for renewal options, if exercised, will be from 1 April through 31

March.

C.1.3.3 Work within Timeframes. All work shall be accomplished within the timeframes specified. Services rendered outside the time periods specified will not be compensated unless specifically approved, in writing, by the Contracting Officer or his/her authorized representative.

C.1.3.4 Mileage. See the table in paragraph C.1.2 for boundary mileage requirements.

C.1.3.5 Period for Exercise of Options. Pursuant to FAR Clause 52.232-19, Availability of

Funds for the Next Fiscal Year, the Government shall have a period of 60 days from the ending date of the initial contract period, or any extension thereto, to exercise the option to extend the term of the contract. This period is not conditioned upon the giving of any notice to extend. A modification exercising the option to extend the contract will be issued, as soon funds are made available to the Contracting Officer.

C.1.4 Hours of Operation. The contractor shall not begin performance before sunrise and shall complete performance no later than sunset of any scheduled workday.

C.1.5 Post-Award Conference. After award, but prior to commencement of work, the

Contractor shall contact the Contracting Officer’s Representative, to arrange a mutually agreeable time to meet at the Truman Project Office to review the requirements and details of the work.

C.1.6 Documents and Correspondence. After award, all documents and related correspondence shall be routed through the Contracting Officer's Representative (COR) at the Project Office.

C.1.7 Legal Compliance.

C.1.7.1 Compliance. It shall be the responsibility of the Contractor to comply with all Federal, State, and local laws and regulations governing health, safety, training, operational, and licensing requirements as may be applicable and required for application of commercial pesticides (including OSHA Hazard Communication Standard 29CFR 1910.1200).

C.1.7.2 License. The Contractor’s employee(s) applying chemical under this contract shall possess a Commercial Applicator’s License acceptable to the State of Missouri; or in lieu thereof (unless otherwise prohibited), applicator may be unlicensed, if he or she is closely supervised by an on-site supervisor who is licensed according to the above requirements.

C.1.8 Required Submissions. The Contractor shall submit the following documents to the

COR at the Project Office, proof of proper licensing and proof of insurance, to be delivered no later than the start of the contract period.

C.1.9 Required Insurance. With reference to FAR Clause 52.228-0005, Insurance – Work on a Government Installation, the Contractor shall provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the below. Before commencing work under this contract, the Contractor shall present to the Contracting Officer proof of the required insurance.

REQUIRED INSURANCE SCHEDULE

TYPE AMOUNT

Worker's Compensation Coverage complying with applicable State Statute Comprehensive General Liability Minimum limits of $500,000.00 per occurrence Employer’s Liability Minimum amount of $100,000 Commercial Automobile Liability Minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage

NOTE: Coverages required above are minimums. If higher limits of coverage are required by State Statute, the Contractor shall be responsible for obtaining such additional coverage. Information regarding State requirements may be obtained by contacting: Missouri Division of Insurance, 573-751-3365.

C.1.10 Quality Control.

C.1.10.1 QC Plan. The Contractor shall develop a Quality Control Plan designed to demonstrate how the Contractor will meet the needs of the project. The Quality Control Plan shall contain a list of chemicals and supplies to be used in performing the contract duties. The Plan shall identify the contractor furnished equipment and state how the work will be accomplished, i.e. chainsaw, pressure water pump, etc. The Plan shall document how the Contractor will identify and correct performance shortfalls. Complete records of all inspection work performed by the contractor must be maintained and made available to the government during contract performance.

C.1.10.2 Contractor Representative. The services required by this contract shall be performed the Contractor may designate, in writing, a responsible on-site representative of each work crew who shall serve as the contact for matters involving quality and performance or nonperformance of the required work assigned to that crew. In the absence of a designated on-site representative, or if the designated on-site representative is not present, the Contractor warrants that any and all members of each work crew are qualified and fully competent to insure that the required work is performed in strict accordance with the contract specifications. The government reserves the right to discuss contract matters with any employee on-site, in the absence of the on-site representative.

C.1.10.3 Contractor Telephone. The Contractor shall furnish to the Contracting

Officers Representative, a telephone number attended during normal business hours (8 a.m. - 4:30 p.m.) to which calls concerning the ordering of services, performance, or other contractual matters can be placed. For the purposes of time and date, a message will be deemed to be delivered to the Contractor at such time as it is delivered to the telephone number provided by the Contractor.

C.1.10.4 Contractor Worksheets. As work is completed each day, the Contractor, or his/her authorized representative at the job, shall enter the location, date, weather conditions, amount and type of work completed, chemicals used, and any other pertinent information, onto a daily work sheet. Completed and signed worksheets shall be delivered weekly, or as otherwise directed by the COR, to the COR at the Truman Project Office. Contractor Daily Worksheet forms (See Section C.6) shall be furnished by the Government.

C.1.10.5 Encroachments. The Contractor shall identify, GPS, and document, on the daily worksheet, all encroachments on the Government boundary. These encroachments consist of all unauthorized uses of Government property, including, but not limited to, placement of personal property or structures, roads, trails, mowing, clearing, fencing, haying, or grazing.

C.1.10.6 Deficiencies and Equipment Breakdown. Failure to correct noted deficiencies may result in withholding payment for the work not performed. Equipment breakdown shall not relieve the Contractor of the responsibility of performing the work as specified.

It shall be the responsibility of the Contractor to assure that he/she has, or can obtain on short notice, sufficient backup equipment to continue the services, as specified, without interruption in the event of mechanical failure of his/her primary equipment.

C.1.10.7 Performance Requirements Summary. Refer to the following table:

Item PWS Para Performance Standard/AQL (Acceptable Quality Level) Surveillance Method

Maintain Improved Grounds C.5.1 Clear all woody vegetation, per the requirements of the PWS.

100% Inspection or Random Inspection

Maintain Improved Grounds C.5.1.2 Apply chemical to cut stubs, stumps and stems per the requirement of the PWS 100% Inspection or Random Inspection

Maintain Improved Grounds C.5.1.4

Straighten and/or reset all damaged boundary reference posts per the requirement of the PWS

100% Inspection or Random Inspection

Maintain Improved Grounds C.5.1.6 Clear and spray all vegetation within a 3 foot radius of all offset posts 100% Inspection or Random Inspection

Maintain Improved Grounds C.5.1.7 Report, in writing any encroachments onto government property.

100% Inspection or Random Inspection

GPS Data Entry C.5.1.8 Collect points at all monuments and encroachments.

100% Inspection or Random Inspection

Annual Coordination

Meeting C.1.5 No more than one (1) error per year.

Complete prior to start of work for the contract award and each option exercise period.

Accident Prevention Plan (APP) C.1.14 No more than one (1) error per year.

Complete prior to start of work for the contract award and each option exercise period.

Activity Hazard Analysis (AHA) C.1.14 No more than one (1) error per year.

Complete prior to start of work for the contract award and each option exercise period.

Quality Control

Plan

C.1.10.1 No more than one (1) error per year. Complete prior to start of work.

C.1.11 Quality Assurance.

C.1.11.1 Quality Assurance Surveillance Plan. A Quality Assurance Surveillance Plan

(QASP) will be used during the life of the contract to ensure that the Contractor is performing the services required by this PWS in an acceptable manner. The Government develops the QASP and the Project Office administers the Plan through Quality Assurance Evaluators (QAEs).

C.1.11.2 Monitoring Performance. The government will monitor the Contractor’s performance under this contract using quality assurance procedures developed by the Government. Typical procedures might include periodic sampling, checklists and customer complaints. This should not be considered an exhaustive list. A primary objective of Government Quality Assurance will be to determine the effectiveness of the Contractor’s quality control system.

C.1.11.3 Inspection. The government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The government shall perform inspections and tests in a manner that shall not unduly delay the work.

C.1.11.4 Defects. If any of the services do not conform to contract requirements, the government may require the contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the government may (1) require the contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

C.1.11.5 Missed Areas. In the event that an area or work within an area is missed, the

Contractor shall return and re-service the area or affected work immediately upon receipt of such notice by the Contracting Officer, or his/her authorized representative. Failure to correct noted deficiencies will result in withholding of payment for the work not performed. During the progress of this contract, if it becomes apparent that the Contractor is unable to perform the work in accordance with the contract specifications, he/she shall acquire additional supplies, equipment, and personnel, as may be required by the Contracting Officer, to ensure that the work is accomplished as specified in the contract.

C.1.12 Coordination with the Contracting Officer’s Representative.

C.1.12.1 Contact. Day to day contact with Government personnel, and telephone communication shall normally provide adequate information exchange. The Government reserves the right to schedule meetings at the Project Office as necessary to insure strict compliance with the terms of this contract. Such meetings shall be scheduled, to the extent possible, at mutually convenient times. However, upon notice, the Contractor shall attend meetings regarding matters affecting this contract.

C.1.13 Contractor Personnel.

C.1.13.1 Clothing. All Contractor personnel shall be fully clothed at all times while performing these services. Clothing shall be clean and neat in appearance. "Fully clothed" shall be deemed to mean that a shirt (or T-shirt), trousers, and shoes or boots shall be worn at all times, except that this requirement shall not be construed to replace or eliminate the necessity for wearing appropriate personal protective equipment, devices, or clothing, as may be required for the application of chemicals.

C.1.13.2 Visitor Interaction. Contractor personnel shall utilize tact, diplomacy and courtesy at all times during contact with the public.

C.1.14 Safety Requirements. In addition to OSHA requirements, all work shall be performed in accordance with the safety requirements contained in the Corps of Engineers Safety and Health Requirements Manual, EM-385-1-1, copies of which are available at the Truman Project Office or online. The contractor shall submit a site specific Accident Prevention Plan and a detailed Activity Hazard Analysis (AHA) for each feature of work prior to the start of work.

C.1.14.1 Injury, Damage, Hazards. Any injury property damage, equipment malfunction, or safety hazard observed by the contractor shall immediately be report to the Contracting Officer’s Representative.

C.1.14.2 Safe Performance. In order to provide safety controls for protection of life and health of employees and other persons; for the prevention of damages to property, materials, supplies, and equipment; and for avoidance of work interruptions in the performance of this contract, the Contractor shall comply with all pertinent provisions of Federal, State, and local regulations and shall take, or cause to be taken, such additional measures as the Contracting Officer may determine to be reasonable and necessary for the performance of the work.

C.1.14.3 Vehicle Flasher Lights. Contractor vehicles shall be equipped with 4-way flashers and turn signals in operating condition. Flashers shall be activated when vehicles are parked on or traveling slowly along roadways.

C.1.14.4 No Off-Road Vehicles. The use of off-road vehicles such as ATV’s or pick-ups is not permitted except on authorized trails and roads.

C.1.15 Other Contractors. The Government may undertake or award other contracts for additional work, and the Contractor shall fully cooperate with such other contractors and Government employees. All work must be carefully planned and fitted not to interfere with such other work. The Contractor shall not commit or permit any act that will interfere with the performance of work by other contractors or by Government employees.

C.2 DEFINITIONS AND ACRONYMS. The following definitions and descriptions apply wherever the word, phrase, or acronym is used in this performance work statement.

Contracting Officer's Representative (COR): An individual designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.

PWS: Performance Work Statement

Performance-Based Contract: (FAR 2.101) Structuring all aspects of an acquisition around the purpose of the work to be performed with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes as opposed to either the manner by which the work is to be performed or broad and imprecise.

Performance Requirements Summary (PRS): The PRS shows contract requirements, the component requirements related to each contract requirement, the price of each work requirement as a percentage of the associated contract requirement (Fixed Price Contracts), the standard of performance, and the acceptable quality level (AQL) for each work requirement.

Quality Assurance Surveillance Plan (QASP): An organized written document used by Government for quality assurance surveillance. Document contains sampling/evaluation guides, checklists, and the performance requirements summary (PRS).

ALP: Acceptable Level of Performance

Quality Control (QC): A method used by the Contractor to control the quality of goods and services provided.

Quality Assurance (QA): A method used by the Government to provide some measure of control over the quality of purchased goods and services received.

Service contract: A contract that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. A service contract may cover services

C.3 GOVERNMENT-FURNISHED EQUIPMENT, MATERIALS & SUPPLIES.

C.3.1 Government Furnished Property. The Government will furnish to the Contractor the following identified property to be used in performing the services required by the contract. When the property is delivered, the Contractor shall verify its quantity and condition in writing to the Contracting Officer or his authorized representative on Memorandum Receipt, ENG Form 4866, within 48 hours of receipt. Damages will be reported in writing to the Contracting Officer or his authorized representative, within 72 hours.

Item (description) Quantity Storage Location Approx. Value Trimble Geo XT one Ranger Office $8,500.00 Trimble Charger one Ranger Office $250.00 Steel posts as needed Maintenance building $15.50 each Boundary signs as needed Maintenance building $ 7.00 each Vehicle Magnets four Ranger Office $25.00 each

C.3.2 Government Furnished Consumable Items. The following consumable items, exempt from accounting procedures under EFARS 45.105(a), will be furnished to the Contractor by the Government from stock. The Government will retain control of expendables, to be dispensed on an as-needed basis for use in the performance of this contract.

1. Nuts, bolts, and washers for the installation of boundary signs.

2. Daily worksheets.

C.4 CONTRACTOR FURNISHED EQUIPMENT & SUPPLIES.

C.4.1 Equipment and Supplies. The Contractor shall furnish all equipment and supplies not identified in Section C.3 of this PWS.

C.4.2 Other Items. The Contractor shall furnish all transportation; power equipment with fuel;

Garlon 4 herbicide with marker dye; herbicide sprayer; post drivers, axes, and other hand tools; flagging; and all other supplies and equipment necessary to accomplish the services specified herein other than materials listed in C.3 and C.4.

C.4.3 COR Approval. All contractor furnished materials, equipment and supplies must be approved by the Contracting Officer’s Representative prior to initial use.

C.5 SPECIFIC TASKS.

C.5.1 Services. The Contractor shall clear all woody vegetation (including trees, limbs, vines, briars, shrubs, and brush) from an area extending from the Government boundary line back onto Government property a distance of four (4) feet. All stumps and stub cuts shall be horizontal (to preclude sharp stubs) and shall be cut as close to the ground as possible.

In no case shall any cut stumps or stubs exceed four (4) inches in height. All shall also be removed from this area. All cleared brush and limbs shall be piled on Government land, outside of the cut area. Trees that are not entirely on government land or, if cut, will fall onto private lands shall be left in place. The Contractor shall remove or cut a four (4) foot wide path through all dead trees previously dropped or cut trees that have fallen in the area of required clearing. Limbs from trees outside the (4) foot cleared area that intrude into the cleared line shall be cut a minimum height of (7) feet above ground.

C.5.1.2 Chemical Treatment. Except as stated in C.5.1.2.1, the Contractor shall apply

Garlon 4 (or equivalent substitute, at the discretion of Project personnel) herbicide to all cut stubs, stumps, and stems (except the cut ends of limbs on trees greater than 6 (six) inches within the cleared area. An adequate marker dye shall be mixed with the chemical in sufficient concentration to leave an obvious and durable stain on the treated stubs, stumps, and stems. All such stems shall be treated on the same day that they are first cut.

C.5.1.2.1 Application Procedures. Application of chemicals shall be according to the label directions for the material used. When it is the professional opinion of the Contractor that the use of chemicals, mix ratios, carriers, or rates of application, other than those specified, will result in equal or better results, the Contractor may request permission for their use. Any such request shall be submitted in writing and shall specify the chemical, its uses, rates of application, and cost. A label for the chemical shall be submitted with the Contractor's request. Requests shall be submitted to the Project Manager, Harry S. Truman Project Office, at least 30 days prior to the intended use. If granted, permission for the use of an alternate chemical, mix ratio, carrier, or rate of application will be in writing from the Contracting Officer, or his authorized representative. Chemicals, mix ratios, carriers, or application rates other than specified in the label will not be used in the absence of the above specified request and approval.

When the use of approved alternate chemicals, mix ratios, carriers, or application rates requested by the Contractor results in an increase in Contractor cost or time, an equitable adjustment will be made to the contract price through the issuance of a contract modification.

C.5.1.2.2 Label Directions. Label directions and/or warnings relative to temperature or other climatic factors shall be closely adhered to. Care shall be exercised at all times by the Contractor to protect desirable (non-target) species from damage by the required application of chemicals. The Contractor shall not apply chemicals to cleared areas where the Government boundary adjoins park areas, subdivisions, private residences, pastures, or animal pens. The Contractor will receive payment for chemical application only for the portion of boundary on which chemical was actually applied.

C.5.1.3 Mileage. The Contractor shall clear the mileage specified in the table C.1.2 for

FY-2019, FY-2020 Options, and FY-2021 Options. Contingencies, such as flooding, will not relieve the Contractor from clearing the required mileage, but may result in identification of alternate work areas at the discretion of the COR.

C.5.1.4 Boundary Markers. The Contractor shall provide the Contractor Officer

Representative a list, to be delivered weekly, showing the location and number of any missing or damaged boundary monuments observed during the course of the work. The Contractor shall straighten and reset, as necessary, all damaged boundary reference posts.

Missing posts, broken posts, and posts that cannot be straightened shall be replaced with a new post set two (2) feet deep and one (1) foot on the Government side of the boundary monument. "U.S. Reservation Boundary Mark" signs that are missing or not legible (more than 2 words or 2 letters in any word) shall be removed and replaced with a new sign. All signs shall face toward the adjoining private property. Damaged posts and signs that have been replaced shall be delivered to the project maintenance building on the Access Road below Truman Dam.

C.5.1.5 Access. Access to the Government boundary shall within reason be by public access roads. The contractor shall be responsible for securing needed access by non-public routes. At no time shall the contractor trespass without written permission from the landowner(s). Clearing work shall be performed only on the Government side of the boundary line. Boundary monuments (located on the property line) and reference posts (located 1 foot inside the boundary line) are installed to allow line-of-sight from post to post. The Contractor shall, by using flagging, range poles, or similar aids, establish the location of the boundary within the immediate work area prior to cutting. The Contractor shall make diligent efforts to locate and expose each monument. Difficulty in locating monuments or the boundary line shall be referred to the COR for assistance.

C.5.1.6 Boundary Offsets. In areas where the boundary is marked by boundary offsets

(e.g.- actual boundary is located along the centerline of a road or creek), the Contractor will clear and spray all vegetation as described in paragraphs 5.1 within a (3) foot radius of all offset posts.

C.5.1.7 Encroachments.

C.5.1.7.1 Reporting. The contractor shall report in writing any encroachment onto government property. This includes but not limited to fences, trash, abandoned vehicles, buildings or structures, trails and roadways, sewage and sewer lateral lines, mowing or clearing of vegetation or branches. Encroachments shall be documented by date and time when the encroachment was discovered, type of encroachment, and location using county, section, township, range, and A.P. and P.O.L. boundary markers. An encroachment is any unauthorized use of government land by adjacent land owners, persons, or businesses.

C.5.1.8 Marking Monuments

Locate and Mark Existing Monuments: Existing monuments along the boundary line will be located and plotted using a Trimble GPS unit supplied by the Corps of Engineers.

Information including: monument type, monument number, monument condition, and section/township/range, will be collected using provided GPS unit. The GPS unit will be returned to a Corps of Engineers Official weekly so that the data can be downloaded. All monument caps will be left uncovered, and free of dirt and debris. A diligent effort of at least 15 minutes will be made to locate each monument. The use of steel tape or metal detector may be necessary if other methods fail. Use of a metal detector may require the marker post to be removed. If removed, the marker post must be correctly placed back in the ground when monument is located (monuments not found will be listed on the daily report).

C.6. APPLICABLE PUBLICATIONS AND FORMS.

C.6.1 Map. Information on Truman Lake can be found on the Internet at http://www.nwk.usace.army.mil/ht/

C.7. ANTITERRORISM/OPERATION SECURITY REQUIREMENTS.

C.7.1. Access and General Protection/Security Policy and Procedures

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 http://www.nwk.usace.army.mil/ht/ 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.

1.1 Submit a complete, updated and signed, list of all Contractor and subcontractor personnel, including their titles and intended working hours, who will be working on site prior to start of work. This listing shall be revised and resubmitted when personnel changes occur. (SUBMITTAL FIO)

C.7.2 Company Registration All USACE Prime Contractors shall register their company, with USACE’s HSPD-12 compliance system, information at https://www.nwd.usace.army.mil/Business-With- Us/Contractor-Vetting/ within ten (10) working days after award of any contract, task order, or notice to proceed. Cost to register company is $399 if more than 20 individuals will be accessing USACE sites, or $299 if less than 20 employees will be accessing USACE sites. Registration is good for 365 days. If the contract period is longer than 365, company must renew their registration.

1.3 Personnel Registration

All contractor and subcontractor personnel that will be onsite for more than 10 days within a contract year must be registered via USACE’s HSPC-12 Compliance system, information at https://www.nwd.usace.army.mil/Business-With-Us/Contractor-Vetting/. Thirty days prior to mobilization, registration of employees must occur. Cost to register an employee is $159.

Registration is good for one year. Employee may work on multiple contracts or for multiple companies and the registration will remain valid for 365 days. If the contract extends beyond that period a renewal fee of $159 is required.

a. Identity Verification - Once a contractor is cleared to work and access a USACE facility, the individual contractor employees shall be required to show an identification compliant with the REAL ID Act of 2005 (https://www.dhs.gov/real-id) to access the Jobsite. Acceptable forms of identity verification are documents issued by a federal Government agency that include: the individual's photograph, name, and date of birth, such as a passport or military identification (ID) card.

b. Waiver – If a denial occurs there I s a waiver process on the contractor’s page. If there are any difficulties with the waiver process please contact your COR.

2. MANDATORY TRAINING: Contract employees required to register in accordance with paragraph 1.3 will be associated with their individual training requirements within the USACE HSPD-12 Compliance System. Once a contractor employee has successfully met the parameters for access to a USACE job-site, usually within 96 hours, a new link, “Get Started” will appear under the Notifications heading of the contract employee’s personal profile. Clicking this link will take the contract employee to the required training.

https://www.nwd.usace.army.mil/Business-With-Us/Contractor-Vetting/ https://www.nwd.usace.army.mil/Business-With-Us/Contractor-Vetting/ https://www.nwd.usace.army.mil/Business-With-Us/Contractor-Vetting/

2.1 AT Level I Training

All Contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date.

2.2 iWATCH and/or CorpsWatch Training

All Contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete iWATCH and/or CorpsWatch Training awareness training within 30 calendar days after contract start date.

2.3 Operations Security (OPSEC) Training

All Contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete OPSEC Level I training within 30 calendar days after contract start date.

2.4 North American Electric Reliability Corporation (NERC) Training

If applicable, the following trainings must be completed and submitted to the COR prior to mobilization.

Hazardous Energy Control Program – Affected Persons Training (note cost is $55 per person and paid for by the contractor).

NERC Critical Infrastructure Protection (CIP) Training Prior to being authorized for unescorted access, and annually thereafter, each person requiring unescorted access to the Powerhouse or to designated security areas shall review the Government-provided NERC CIP training material, and shall complete the quiz with a passing score of not less than 70%. The Project Reliability Compliance Coordinator (RCC) will provide the training, curriculum, and materials. Costs associated with the execution of this training shall be at the expense of the contractor.

Quarterly NERC CIP Security Awareness Program. The Project maintains a quarterly awareness program for personnel requiring unescorted access to areas subject to NERC CIP regulations. Awareness materials will be furnished by the Project Reliability Compliance Coordinator, and shall be distributed to Contractor personnel by the Contractor. Costs associated with the distribution of the security awareness documents shall be at the expense of the Contractor.

Personnel requiring electronic access to cyber assets. In addition to meeting all of the above requirements for unescorted PHYSICAL access, personnel requiring ELECTRONIC access to cyber assets subject to NERC CIP regulations shall complete additional NERC CIP training for electronic access, shall submit the Government-provided electronic access request form, and shall be authorized for electronic access. Each person requiring electronic access shall complete the quiz with a passing score of not less than 70%. The Project RCC will provide the training, curriculum, and materials. Costs associated with the execution of this training shall be at the expense of the contractor.

3. 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 (See 2.2)

5. Contractor Employees Who Require Access to Government Information Systems.

Not Applicable

6. OPSEC Standing Operating Procedure/Plan

Not Applicable

7. OPSEC Training (See 2.3)

8. Information Assurance (IA)/Information Technology (IT) Training

Not Applicable

9. Information Assurance (IA)/Information Technology (IT) Certification

Not Applicable

10. Not Used

11. Not Used

12. Handling or Access to Classified Information.

Not Applicable

13. Will be Escorted in Areas Where They May be Exposed to Classified and/or Sensitive Materials and/or Sensitive or Restricted Areas

If applicable, all contract employees, including subcontractor employees who are not in possession of the appropriate security clearance, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. There is NO classified material at this project location.

14. Contractor Company to Obtain a Facility Clearance and Individual Clearances at the Appropriate Level

The Prime Contractor Company must have (or will 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 DD254 attached to the contract. If no FCL, the supporting Government Contracting Activity will sponsor the prime contract company in obtaining the FCL. This location does NOT require a Facility Clearance/FCL.

15. 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 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 COR no later than 3 business days after the initial contract award.

16. Required Armed Security Guards

Not Applicable

(End of Antiterrorism/Operation Security Requirements)

SECTION F - DELIVERIES OR PERFORMANCE

The following Delivery Schedule item for CLIN 0002 has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

31-MAR-2021 1 HARRY S TRUMAN PROJECT OFC

15968 TRUMAN ROAD

WARSAW MO 65355

FOB: Destination

G5R0740

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

http://www.dhs.gov/E-Verify http://www.dhs.gov/E-Verify

31-MAR-2020 1 HARRY S TRUMAN PROJECT OFC

15968 TRUMAN ROAD

WARSAW MO 65355

The following Delivery Schedule item for CLIN 0003 has been changed from:

CAGE

31-MAR-2021 1 HARRY S TRUMAN PROJECT OFC

15968 TRUMAN ROAD

WARSAW MO 65355

CAGE

31-MAR-2020 1 HARRY S TRUMAN PROJECT OFC

15968 TRUMAN ROAD

WARSAW MO 65355

The following Delivery Schedule item for CLIN 0004 has been changed from:

CAGE

31-MAR-2022 1 HARRY S TRUMAN PROJECT OFC

15968 TRUMAN ROAD

WARSAW MO 65355

CAGE

31-MAR-2021 1 HARRY S TRUMAN PROJECT OFC

15968 TRUMAN ROAD

WARSAW MO 65355

The following Delivery Schedule item for CLIN 0005 has been changed from:

CAGE

31-MAR-2022 1 HARRY S TRUMAN PROJECT OFC

15968 TRUMAN ROAD

WARSAW MO 65355

CAGE

31-MAR-2021 1 HARRY S TRUMAN PROJECT OFC

15968 TRUMAN ROAD

WARSAW MO 65355

SECTION G - CONTRACT ADMINISTRATION DATA

The following have been added by full text:

52.237-1 SITE VISIT (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(End of provision)

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.204-19 52.217-8 52.232-39 252.204-7003 252.225-7048

52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984)

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding dollars.

(b) The maximum amount for which the Government shall be liable if this contract is terminated is dollars.

(End of clause)

52.216-25 CONTRACT DEFINITIZATION (OCT 2010)

(a) A -------- [insert specific type of contract] definitive contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract, (2) all clauses required by law on the date of execution of the definitive contract, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a -------- [insert specific type of proposal (e.g., fixed-price or cost-and-fee)] proposal, including data other than certified cost or pricing data, and certified cost or pricing data, in accordance with FAR 15.408, Table 15-2, supporting its proposal.

(b) The schedule for definitizing this contract is [insert date] .

(c) If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) above, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with Subpart 15.4 and Part 31 of the FAR, subject to Contractor appeal as provided with completion of the contract, subject only to the Limitation of Government Liability clause.

(1) After the Contracting Officer's determination of price or fee, the contract shall be governed by--

(i) All clauses required by the FAR on the date of execution of this letter contract for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);

(ii) All clauses required by law as of the date of the Contracting Officer's determination; and

(iii) Any other clauses, terms, and conditions mutually agreed upon.

(2) To the extent consistent with subparagraph (c)(1) above, all clauses, terms, and conditions included in this letter contract shall continue in effect, except those that by their nature apply only to a letter contract.

(End of clause)

52.216-25 CONTRACT DEFINITIZATION (OCT 1987) - ALTERNATE I (APR 1984)

(a) A definitive contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract, (2) all clauses required by law on the date of execution of the definitive contract, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a [insert specific type of proposal] .

(b) The schedule for definitizing this contract is [insert date] .

(c) If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) above, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with Subpart 15.8 and Part 31 of the FAR, subject to Contractor appeal as provided with completion of the contract, subject only to the Limitation of Government Liability clause.

(1) After the Contracting Officer's determination of price or fee, the contract shall be governed by--

(i) All clauses required by the FAR on the date of execution of this letter contract for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);

(ii) All clauses required by law as of the date of the Contracting Officer's determination; and

(iii) Any other clauses, terms, and conditions mutually agreed upon.

(2) To the extent consistent with subparagraph (c)(1) above, all clauses, terms, and conditions included in this letter contract shall continue in effect, except those that by their nature apply only to a letter contract.

(d) The definitive contract resulting from this letter contract will include a negotiated in no event to exceed

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within (insert the period of time within which the Contracting Officer may exercise the option); provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days (60 days unless a different number of days is inserted) before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of…