DR17Q0041_Solicitation_091417.pdf

SEE ADDENDUM

(No Collect Calls)

W912DR17Q0041 12-Sep-2017

b. TELEPHONE NUMBER

410-962-5611

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 26 Sep 2017

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 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.

W912DR9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TOLULOPE O OLOJO

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

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

USACE, BALTIMORE DISTRICT

10 S. HOWARD ST

ROOM 7000

BALTIMORE MD 21201

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

FAX:

TEL: 410-962-2196 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$32,500,000

NAICS:

532490

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)

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.

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTION TO OFFERORS

This solicitation will result in a firm fixed priced purchase order. Award will be evaluated as Lowest Price Technically Acceptable (LPTA)

Site Visit: Please contact Gwinn, Robert at (814) 658-6810 or at Allen.Gwinn@usace.army.mil for any additional information. All bidders are strongly encouraged to attend the pre-bid meeting and site visit.

SUBMISSION REQUIREMENTS

Quotes shall be submitted via e-mail to tolulope.o.olojo@usace.army.mil no later than the time and date specified on Standard Form 1449, Block 8 (Tuesday 26 September 2017 at 1200 PM EST). Unclear quotes may not result in questions for clarifications.

Inquiries to end users or any personnel regarding this project are not permitted. Please direct any inquiries concerning this solicitation must be submitted by email no later than Tuesday 19 September 2017 at 12:00PM (EST). Email: tolulope.o.olojo@usace.army.mil. No questions will be taken after that time.

Quotes shall contain the following:

1. A cover letter on Contractor’s letterhead, summarizing the pricing total and outlining the terms and conditions of the quote, signed by the representative managing the project. Include the Cage Code, Duns #, and Tax ID.

2. Technical Write-up: The total number of pages must not exceed 10 pages.

The contractor shall provide sufficient detail to support the proposed performance work statement to show they are realistic in successfully meeting the requirement. The contractor shall describe their methods and approach for fulfilling the PWS requirements in sufficient detail to communicate the feasibility of the approach as described below.

Feasibility of Approach – The contractor shall provide enough detail that the government can determine whether the contractor’s methods and approach to meeting the PWS requirements provide a high level of confidence of successful completion.

Adjectival Rating Description Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

3. Past Performance Information:

Past performance information is required for this solicitation. Past performance information refers to the Contractor’s recent and relevant projects. In this solicitation, “recent” is considered to be within the past three (3) years, and “relevant” is considered to be “of similar size, scope and complexity” to the current requirement.

The Contractor shall:

A. Complete the table below for three (3) recent and relevant projects. In the last row of the table, provide contact information (name, organization, phone number and email address) for a Customer who is able to provide a reference for the specific project identified. Provide a narrative, for each mailto:Robert.J.Schnell@usace.army.mil mailto:tolulope.o.olojo@usace.army.mil mailto:tolulope.o.olojo@usace.army.mil project listed in the table, which describes the project and outlines the relevancy of the project to the current Performance Work Statement (PWS). All similarities to the current PWS shall be highlighted in yellow in the narrative.

B. If information about completed projects is not available, the Contractor may provide information about current, ongoing projects. These projects should be clearly marked as current or ongoing projects in the submission.

Project #1 Project #2 Project #3

Contract Number

Project Location

Contract Amount

Contract Type (e.g., firm fixed price, cost)

Who was the Prime Contractor?

Recency: Was the period of performance within the last 3 years? (Y/N)

Did this project involve a subcontractoragreement?

(Y/N)

Did this project involve a teaming arrangement?

(Y/N)

Customer/Reference Contact Information 1Name, Organization, Phone number, Email address

W912DR17Q0041

Adjectival Rating Description Acceptable Based on the offeror’s past performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will successfully perform the required effort.

3. Price: The Price Schedule shall be completed in full and all calculations should be accurate. The

Price Schedule shall be complete, with all line items priced, to be considered for award. Quotes providing partial pricing may be considered non-responsive.

Narrative

BID SCHEDULE

APPENDIX A - BID SHEET

RAYSTOWN LAKE

2017 EQUIPMENT RENTAL CONTRACT

BASE Contract Items

Item Type Description Quantity Unit Price U/M Amount

0001AA BASE

Trackhoe/excavator with operator 80

HR $ -

(36,000 lb. minimum)

0001AB BASE

Backhoe/Loader with operator 40

(14,000 lb. minimum)

0001AC BASE

Bulldozer with operator 80

HR $ -

(14,000 lb. minimum, track mounted, 90 in.

minimum width)

0001AD BASE

Skidsteer with operator 50

HR $ -

(track and wheel operated, 6,000 lb.

minimum)

0001AE BASE Smooth drum vibrating road compactor with operator 50

HR $ -

(self-propelled roller, rolling width min. 60 in., SD 70 or equilivent, 7 ton)

0001AF

BASE Sheeps foot vibrating road compactor with operator 40

0001AG BASE

Dump truck with operator 80

(15 ton capacity, tandem axle minimum)

0001AH BASE

Chipper with operator 10

(4 in. capacity minimum)

0001AJ BASE

Laborer 50

Total BASE CLIN 0001AA -

0001AJ

Contract OPTION #1 Items

0001BA OPTION

0001BB OPTION

0001BC OPTION

HR $ -

0001BD OPTION

Skidsteer with operator 55

HR $ -

0001BE OPTION Smooth drum vibrating road compactor with operator 55

HR $ -

0001BF

OPTION Sheeps foot vibrating road compactor with operator 40

0001BG OPTION

0001BH OPTION

0001BJ OPTION

0001BK OPTION

Crane with operator 24

Max weight 30 tons, 30k lb. load minimum

0001BL OPTION

Qualified Rigger 24

Total OPTION CLIN 0001BA - 0001BL

Contract OPTION #2 Items

0001CA OPTION

0001CB OPTION

0001CC OPTION

HR $ -

0001CD OPTION

Skidsteer with operator 55

HR $ -

0001CE OPTION Smooth drum vibrating road compactor with operator 55

HR $ -

0001CF

OPTION Sheeps foot vibrating road compactor with operator 40

0001CG OPTION

0001CH OPTION

0001CJ OPTION

Total OPTION CLIN 0001CA- 0001CJ

Total CLIN 0001AA - 0001CJ

PERFORMANCE WORK STATEMENT

12 September 2019

DESCRIPTION/SPECS./WORK STATEMENT

For USACE Baltimore District

Raystown Lakes Project Equipment Rental Contract

Raystown Lake Project, Baltimore District, U.S. Army Corps of Engineers at Raystown Lake will oversee contract equipment rental, operators, and laborers for a period beginning not more than 30 days after award until depletion of contract funds.

Raystown Lake is located in Huntingdon and Bedford counties in South Central Pennsylvania, approximately 95 miles west of Harrisburg and 175 miles east of Pittsburgh. It is south of the town of Huntingdon and approximately 70 miles from the Pennsylvania-Maryland border. The damsite is on the Raystown Branch of the Juniata River with the main access to the project from the north via highway PA 26 south from PA 22 at Huntingdon and north from the Pennsylvania Turnpike (I 76) via US 30 to PA 26 north. Huntingdon Pennsylvania, approximately 13 miles to the North, has a population of 8,000.

1. LOCATION AND DESCRIPTION OF WORK.

1.1. The contractor shall furnish all labor and equipment, including equipment operators, necessary to perform excavation and soil moving tasks in the Susquehannock Campground Area at Raystown Lake in Huntingdon County, Pennsylvania. Work will be focused on leveling recreational campsites, parking areas, and improving access road(s).

See appendix B for a conceptual layout of the existing campground; work will be focused on campsites 9-62 and associated areas. The work is to be performed under the direction of the Contracting Officer or the Authorized Representative of the Contracting Officer and may include, but is not limited to, the following:

1.1.1 Trackhoe, backhoe, bulldozer, skidsteer, brush chipper, and roller, with operators - Excavate topsoil and shale, remove trees, saplings and stumps where necessary, cut and compact roadway and campsites, cut drainage ditches, place drop boxes, culverts, cut and fill sloped areas, and place backfill.

1.1.2. Truck with Driver - Move fill material to and from the work sites. Haul materials to or from a Corps storage area located within 5 miles of the work area.

1.1.3. Laborer - Cut trees, stack and chip slash, place culverts, operate chainsaw, operate and feed chipper, operate contractor provided small hand tools.

1.1.4. On Site Work Coordinator – Plan daily work, insure adequate workers are on site to accomplish tasks, coordinate with COR to insure equipment is at the job site as needed, direct the work of equipment operators and laborers, insure implementation of the contractor safety plan and compliance with EM 385-1-1, maintain equipment hour logbooks, ensure equipment is maintained in an operational condition, and insure compliance with the terms of this contract.

1.2. The contractor shall furnish all labor and equipment, including riggers, necessary to safely pick out (2) 30,000 pound bulkheads from a storage shed at the Raystown Dam, 12142 Raystown Dam Road Huntingdon, Pennsylvania.

The dam is located approximately 6 miles from Huntingdon, Pennsylvania. The shed roof will be removed by Government personnel. Rigging will be required to pick up the bulkheads. If necessary, the Contractor shall send a qualified rigger to the site beforehand to determine necessary rigging requirements. The bulkhead will then be laid on the surrounding area while USACE personnel complete weld inspection and testing. The bulkhead will then be flipped for repeated weld inspection and testing. This will be completed for the other bulkhead. The bulkheads will then be placed back into the shed.

1.2.1. The crane will be required to cross the Raystown Spillway Bridge with a load rating of 30 tons. The overall bridge width is 16’-8”, with a roadway clear path between curbs of 12’-0”. The crane will then travel over to the shed area located on the map.

1.2.2. The Contractor shall be prepared to provide the crane, operator, rigger within one week of notification by the Government. The Contractor work shall anticipate that the crane will be required as early as 23 October 2017. It is expected that the crane and personnel be on site for a total of up to 24 hours spread over three days.

2. PERIOD OF WORK.

2.1. The work on this contract shall be on an as needed basis, targeted for fall 2017 and possibly continuing into the spring of 2018. The contractor shall be prepared to commence work no later than 30 days after date of contract award.

2.2. The Contractor will not be permitted to work more than ten (10) hours per day or forty (40) hours per week unless approved in advance by the Contracting Officer. Payment for equipment actually worked in accordance with these provisions will be made at the prices shown in the Bidding Schedule (Appendix 1). Payments will be made to the nearest ½ hour.

2.3. No payment will be made for idle equipment. Idle equipment is equipment not working for any reason, i.e., broken down, adverse weather, or equipment not needed in the operation. The contractor will maintain a logbook for each piece of equipment detailing beginning and ending time to the nearest 1/2 hour when any piece of equipment is in actual use. Where possible the contractor will record time of use from the time meter on the equipment. These logbooks will be available for review by the COR or his representative upon request. In addition the contractor will supply weekly, a daily accounting listing of all equipment and labor hours utilized.

3. OPERATION

3.1 Equipment will be in condition to render efficient, economical, and continuous service. Failure of the equipment to perform to the satisfaction of the Contracting Officer will be sufficient cause for the termination of the contract by the Government, or the requirement by the Government that the equipment be replaced with equipment of satisfactory performance.

3.2. The contractor may be required to work with other contractors and employees of the Corps of Engineers or those working on behalf of the Corps of Engineers.

4. TRANSPORTATION.

4.1. Transportation of equipment and personnel to any job site on Raystown Lake from off the project will be at the expense of the contractor.

4.2. Contractor will furnish support vehicles sufficient to meet needs for transportation of personnel, equipment, and supplies within and between job sites at the project.

5. CONTRACTOR TO BEAR ALL EXPENSES OF OPERATION AND REPAIR.

5.1. The contractor will furnish at his own expense all skilled operators, labor, fuel, safety equipment and vehicles necessary for equipment transportation and bear all expenses incidental to the efficient operation of the required equipment, including repairs or non-operating equipment.

6. CONTRACTOR EQUIPMENT.

6.1. All equipment to be used must be inspected and approved by the Contracting Officer or his authorized representatives prior to use and at any other time deemed necessary by the Corps of Engineers. All items must have operable safety equipment as specified in EM 385-1-1, Safety and Health Requirement Manual. A copy of EM 385-1-1 can be viewed at http://www.usace.army.mil/Safety-and-Occupational-Health/Safety-and-Health-Requirements- Manual/

6.2. Contractor equipment may be stored on Government property behind a secured gate. The contractor will be storing the equipment at his/her own risk.

6.3. All contractor employees must have and use personal protection devices as specified in EM 385-1-1 (see section 6.1.). That equipment includes, but is not limited to, safety footwear, hard hats, eye protection, gloves, hearing protection, and chain saw chaps. Required items will be furnished and replaced by the contractor at no cost to the Government.

7. CONTRACTOR RESPONSIBILITIES

7.1 The contractor will be responsible for notifying the PA ONE CALL system of the work to be performed with adequate lead time in advance of the start of operations.

7.2. The contractor will place and maintain in a functional condition all siltation and erosion prevention devices as required by the Corps of Engineers (see section 8.).

8. GOVERNMENT FURNISHED MATERIAL

8.1 The Government shall be responsible for obtaining all Federal, state and local permits that may be required and the submission of any reports required.

8.2. The Government shall develop an Erosion and Sedimentation Control Plan and provide appropriate materials and directions for implementation by the contractor.

9. PAYMENTS.

Payments to the Contractor will be made in accordance with Paragraph 2 above, "PERIOD OF WORK."

Unless otherwise provided in the specifications, partial payments can be made at the end of each two- (2) week period.

Invoices shall be prepared for, and submitted to Operations Manager, U. S. Army Corps of Engineers, 6145 Seven Points Road, Hesston, PA 16647. Invoices shall contain the following information: contract number, item number(s), description of equipment used, number of hours used, hourly rate and extended totals, invoice date and be signed by the contractor or authorized representative. The Government shall utilize equipment logs and Daily Accounting Listings (2.3.) to verify the accuracy of invoices.

9. QUANTITY OF WORK.

The number of hours of work required to complete this contract is estimated. The actual number of hours of work required may be more or less than the estimated amount shown in the bid sheet (appendix 1) portion of this contract. Payment for actual hours of work performed will be made at the hourly bid rate.

10. SAFETY

10.1. GENERAL: The Contractor shall comply with the Contract Clause entitled ACCIDENTS, including the U. S.

Army Corps of Engineers Safety and Health Requirements Manual referred to therein in addition to the provisions of this specification.

http://www.usace.army.mil/Safety-and-Occupational-Health/Safety-and-Health-Requirements-Manual/ http://www.usace.army.mil/Safety-and-Occupational-Health/Safety-and-Health-Requirements-Manual/

10.2. SAFETY PROGRAM: Worker safety is of paramount importance. The contractor shall comply with The U.

S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, and all subsequent revisions.

The Contract Clause ACCIDENT PREVENTION of this contract, is hereby supplemented as follows:

a. The Contractor shall designate an employee responsible for overall supervision of accident prevention activities. Such duties shall include: (1) assuring applicable safety requirements are incorporated in work methods and (2) inspecting the work to ensure that safety measures and instructions are actually applied. The safety plan must be submitted in writing for acceptance by the Contracting Officer's Representative. The designated individual must be able to demonstrate his/her familiarity and understanding of the safety requirements over a prescribed trial period. The safety supervisor shall have the authority to act on behalf of the Contractor's general management to take whatever action is necessary to assure compliance with safety requirements. The safety supervisor is required to be on the site when work is being performed.

b. Prior to commencement of any work at a job site, a pre-construction safety meeting shall be held between the Contractor and the Corps of Engineers’ Representative to discuss the Contractor's safety program and in particular to review the following submittals:

(1) Contractors Accident Prevention Plan: An acceptable accident prevention plan, prepared by the Contractor for the specific work and implementing in detail the pertinent requirements of EM 385-1-1, shall be submitted for Government acceptance.

(2) Activity Hazard Analysis: Prior to beginning each type of work, an activity hazard analysis shall be prepared by the Contractor for approval. The analysis shall address the hazards for each activity performed and shall present the procedures and safeguards necessary to eliminate the hazards or reduce the risk to an acceptable level.

c. Subsequent job site safety meetings shall be held as follows:

(1) At least one safety meeting shall be conducted weekly, or whenever new crews begin work, by the appropriate field supervisors or foremen for all workers. An outline report of the meeting date, time, attendance, subjects discussed and who conducted it shall be maintained and copies furnished the designated authority on request.

10.4 ACCIDENTS: Accidents are to be investigated by both Contractor personnel and, if desired, by the Contracting Officer. ACCIDENT REPORTING, ENG FORM 3394: Section I, Paragraph 01.D, of EM 385-1-1 and the Contract Clause entitled ACCIDENT PREVENTION are amended as follows: “The prime Contractor shall report on Eng. Form 3394, supplied by the Government, all injuries to his employees or subcontractors that result in lost time and all damage to property and/or equipment in excess of $2,000 per incident. Verbal notification of such accident shall be made to the Contracting Officer’ Representative as soon as reasonably possible, but within 24 hours. A written report on the above noted form shall be submitted to the Contracting Officer’s Representative within 72 hours following such accidents. The written report shall include the following:

a. A description of the circumstances leading up to the accident, the cause of the accident, and corrective measures taken to prevent recurrence.

b. A description of the injury and name and location of the medical facility providing the examination and/or treatment.

c. A statement as to whether or not the employee was permitted to return to work after examination and treatment by the doctor, and if not, an estimate or statement of the number of days lost from work. If there have been days lost from work, state whether or not the employee has been re-examined and declared fit to resume work as of the date of the report.

10.5 In addition to EM 385-1-1 requirements, all applicable OSHA Requirements will be followed.

10.6 OSHA Inspections: Contractors shall immediately notify the Contracting Officer's Representative when an OSHA Compliance official (Federal or State representative) presents his/her credentials and informs the Contractor that the workplace will be inspected for OSHA compliance. Contractors shall also notify the Contracting Officer's Representative upon determination that an exit interview will take place upon completion of the OSHA inspection.

(NABSA OCT 05, 1976)

10.7. SAFETY SUBMITTALS FOR GOVERNMENT APPROVAL: At the prework conference, the contractor will provide items noted below for Government approval:

a. Written designation of Safety Representative.

b. Written Project Specific Accident Prevention Plan.

c. Applicable written Activity Hazard Analysis.

11. OBJECTIONABLE EMPLOYEES.

The Contractor will remove from the work site any employee who, in the opinion of the Contracting Officer, is objectionable or incompetent. This requirement shall not be the basis of any claim for compensation or damages against the United States or any of its officers or agents.

12. CLEAN UP.

The contractor shall maintain the premises in a clean and neat condition satisfactory to the Contracting Officer at all times.

13. LAYOUT OF WORK.

The Authorized Representative of the Contracting Officer will do the work layout. The Contractor will be responsible for the protection of such layout stakes, markings, or other such similar items as identified by the Government.

14. CONTRACTOR'S RESPONSIBILITY.

14.1. The Contractor shall be responsible that his employees strictly comply with all Federal, State, and municipal laws and all sections of Title 36 CFR 327 that may apply to operations under the contract. It is understood and agreed that the Contractor assumes full responsibility for the safety of his employees, equipment, and materials.

14.2. In the contractor’s absence, the contractor will designate an individual to represent the interests of the contractor and act in his behalf with regards to all matters and activities involving the contract, including safety.

15. DELAYS.

If the contractor refuses or fails to make delivery of the equipment within the time specified in Section 2, or any extension thereof, as provided in specification, or to maintain the property in serviceable condition and diligently and competently to conduct the specified operations as indicated by the Contracting Officer, the Government may by written notice, terminate the right of the Contractor to proceed with delivery or with further performance under the contract or such part of parts thereof affected by the delay. In such event, the Government may use or procure similar property by contract or otherwise and the Contractor shall be liable to the Government for any excess cost occasioned thereby.

Unless otherwise provided in the specifications, the Government shall not be chargeable for out of service time due to breakdown not caused by the act of negligence of the Government of its agents.

16. BIDDING

This contract dependent upon the availability of government funding and is therefore is set up with a base and two separate options. The plan is for the governemnt to fully execute the base and both options, but if funding is not availble one or both options may not be excercised.

QASP

PERFORMANCE-BASED QUALITY ASSURANCE SURVIELLANCE PLAN (QASP)

FOR

SUSQUEHANNOCK EQUIPMENT RENTAL

FOR THE RAYSTOWN LAKE PROJECT

1. INTRODUCTION

This Performance-Based Quality Assurance Surveillance Plan (QASP) has been developed pursuant to the requirements of the Performance Work Statement for Contract No. (TBD) – Susquehannock Equipment Rental at Raystown Lake. This plan sets forth procedures and guidelines that the U.S. Army Corps of Engineers (USACE) will use in evaluating the technical and safety performance of the Contractor. A copy of the Performance Metrics is furnished in the PWS so that the Contractor will be aware of the methods that the Government will employ in evaluating their performance on this contract.

2. PURPOSE OF THE QASP

The QASP is intended to accomplish the following:

a) Define the roles and responsibilities of participating Government officials;

b) Define the types of work to performed with required end results;

c) Document the evaluation methods that will be employed by the Government in assessing the

Contractor’s performance;

d) Describe the process of performance documentation;

e) Outline quality assurance procedures to be employed by the Government during performance of this purchase order to confirm that the site characterization is conducted utilizing proper procedures and in accordance with the approved work and safety plans.

3. ROLES AND RESPONSIBILITIES OF PARTICIPATING GOVERNMENT OFFICIALS AND

MILITARY SERVICE REPRESENTATIVES:

The USACE Project Managers: Nicholas E. Krupa

• Reports problems or discrepancies to the Contracting Officer Representative and Contracting

Officer as soon as possible.

• Reviews contractor submittals.

• Project Manager may use the below Contracting Officer Representative to assist in these tasks.

• Ensures contractor complies with the work plans and safety plans through random and continuous surveillance activities while in the field.

• Monitors contract performance

The USACE Contracting Officer Representative(s) if needed: Jude T. Harrington

• Responsible for overall project direction, including technical contracting and customer-related issues.

• Reports problems or discrepancies to the COR and Contacting Officer as soon as possible.

• Reviews contract submittals.

• Project Manager may use the Contacting Officer Representative in these tasks.

• Ensures the contactor complies with the work plans and safety plans through random and continuous surveillance activities while in the field.

• Responsible for reporting all findings (to include successes, as well as problems and discrepancies) to the USACE Contracting Officer as soon as possible.

• Provide quality assurance oversight to ensure the customer’s requirements are met or exceeded.

• Reviews vouchers and makes recommendations to the Contracting Officer for payment actions based on completion of designated milestones and helps to ensure schedules are maintained.

• Oversees the implantation of the QASP.

• Monitors contract performance.

The USACE Technical Monitors: Allen Gwinn

• Monitors contact performance onsite.

• Reports all discrepancies with performance to the COR as soon as possible.

• Supports all onsite QA activities.

The USACE Contracting Officers: Sharon Alexander/Patricia Morrow:

• Only the Contracting Officer has authority to change the terms and conditions of the contract

• Has obligation authority for the Government.

• Directs the contract as necessary.

• Issues modifications to the contract.

• Issues all acceptance/rejection statements.

The USACE Contract Specialist(s): Tolu Olojo

• First line of communication between the contracting officer and the contractor and program office.

• Contract administration.

The USACE Invoice Processing Team: Dorothy J. McClain

• Reviews vouchers and makes recommendations to the Contracting Officer for payment.

• Reports problems or discrepancies to the Contracting Officer as soon as possible.

4. PRIMARY METHOD OF SURVEILLANCE

The Contracting Officer’s Representative will monitor the contractor’s performance, which will be evaluated by the Contracting Officer using the Performance Metrics listed in the PWS.

Quality Assurance Surveillance Activities In general, the work will be evaluated by determining the availability of required equipment according to the bid sheet and PWS. At the discretion of the COR or the Contracting Officer or Project Manager, other government officials approved by the Contracting Officer or COR may be asked to evaluate a particular task or set of tasks.

Quality Assurance includes but is not limited to the following: inspections of equipment being used for the performance of the PWS by the COR or COTR to ensure that the contractor is meeting all contract requirements.

Inspections will include the determination of operating equipment as needed.

5. SCOPE OF PERFORMANCE

The Contractor shall provide all equipment and labor as required at the Susquehannock Campground, Raystown Lake Project, Baltimore District, U.S. Army Corps of Engineers in accordance with the specifications contained within the Performance Work Statement (PWS).

6. PERFORMANCE STANDARDS

The Contractor shall provide all equipment, labor, and other tools as required at the Susquehannock Campground, Raystown Lake Project, Baltimore District, U.S. Army Corps of Engineers in accordance with the specifications contained within the PWS.

7. ACCEPTABLE QUALITY LEVEL (AQL)

The COR or COTR will ensure the required equipment is available for use as outlined in the PWS. AQL for all tasks is 100%.

8. EVALUATION METHODS

The COR or COTR will verify the existence of equipment is available as needed as outlined in the PWS. Equipment hours will logged by the contractor and the on-site representative. These equipment logs will be reviewed before invoices are processed.

9. INCENTIVES (POSITIVE/NEGATIVE):

If the work performed does not meet the specifications set by the Government in the PWS; the Contractor shall correct any and all issues noted by the COR at no additional charge to the Government.

Section SF 1449 - CONTINUATION SHEET

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

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

APR 2014

52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 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

52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Items JAN 2017 252.201-7000 Contracting Officer's Representative DEC 1991 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 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Dec 2016)

DEC 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

(iii) past performance

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision--

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--https://www.sam.gov/portal

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

http://www.dol.gov/fairpayandsafeworkplaces

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate— http://www.osha.gov/dcsp/osp/approved_state_plans.html

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are…