W912DY-18-R-0063 0003.pdf

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

The purpose of this amendment is to extend the proposal due date to reflect 21 Aug 2020 @10:00am CST, and incorporate the follow ing additions, revisions, and deletions:

1. Section B is updated to reflect PSC Code P500.

2. Section C is updated to reflect correct task order evaluation criteria at 6.2.

3. Section I is updated to incorporate clauses FAR 52.204-26, and FAR 52.222-46.

4. Section J is updated to revise Attachment 18-Estimated Quantities, Rev 01.

1. CONTRACT ID CODE PAGE OF PAGES

1 78

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

16C. DATE SIGNED

BY 14-Aug-2020

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 W912DY18R0063

X 9B. DATED (SEE ITEM 11)

03-Jun-2020

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 X is extended, 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 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

14-Aug-2020

CODE

US ARMY ENGINEERING & SUPPORT CENTER

475 QUALITY CIRCLE NW

HUNTSVILLE AL 35806

W912DY 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DY18R0063

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The following have been added by full text:

BLOCK 14 CONTINUATION PAGE

5. Section L is updated to reflect changes to Proposal Volume Table at L.5 as follows:

a. Adds VOLUME 0 – ACKNOWLEDGMENTS/AGREEMENTS/CERTIFICATIONS, Tab (D) – Experience Modification Rate (EMR) worksheet

b. Deletes VOLUME IV – FACTOR 4: PRICE, Tab (B) – Sample Task Order Attachment B

6. Section L is updated to reflect revised instructions to the offerors, as indicated with highlighted and stricken text.

7. Section M is updated to reflect revised evaluation factors, as indicated with highlighted and stricken text.

8. Changed Contracting Officer to reflect Barbara Rich and Contract Specialist to reflect Valerie Murphy.

9. Removed Section L.6.1.3 Representations and Certifications. The Government will evaluate that the Offeror has provided a copy of its Online Representative Certification Application (ORCA) record. Para 3

10. Stricken text in L.6.2.2.1 para two: (RMS) quality control plan.

11. All other terms and conditions remain unchanged.

The following have been modified:

EXECUTIVE SUMMARY

A1. Objective: The objective of the Facilities Reduction Program (FRP) Northeast MATOC acquisition is to provide a simplified process to respond to the Federal Government’s requirement for demolition and abatement of excess facilities. FRP uses streamlined processes that provide low-cost, quick response demolition and abatement service contracts to support excess facility removal, thereby saving energy and maintenance costs, eliminating safety hazards, nuisances and unsightly structures, maximizing landfill diversion and recycling credits, and freeing up valuable Government real estate for future development. General work activities performed under this contract include planning, coordination, and execution of building and facility removal/demolition at multiple Department of Defense installations and other Federal Agency locations throughout Maine, Vermont, New Hampshire, Massachusetts, New York, Connecticut, New Jersey, Pennsylvania, Rhode Island, Delaware, Maryland, and the District of Columbia. Projects may also include emergency response to disasters, such as hurricanes, floods, tornadoes, or terrorist activities. In response to this need, the Government will procure commercial demolition services on a regional basis. The North American Industry Classification

Code (NAICS) for this contract is 238910.

A2. Contract Type: The contract is a FFP commercial service contract under FAR Part 12 and FAR Part 15.

A3. Contract Term: This contract has four ordering periods consisting of one 24-month base period and three (3) 12-month optional ordering periods. There is no guarantee that any optional ordering period will be exercised.

A4. Minimum Guarantee: The minimum guarantee for each award under this MATOC is $2,500.00. The KO will obligate the minimum guarantee against this contract line item at the time of the basic contract award. Upon issuance of task order awards with an aggregate value exceeding $2,500.00, the KO will deobligate the minimum guarantee from this contract line item. For each successful contractor, there will be a one time “minimum guarantee award amount” during the life of the contract, which includes all option years, if exercised.

A5. Contract Capacity: The shared capacity for this contract is $95,000,000 over 5 years (if all the options are exercised). The Government may move capacity performance periods as necessary. The MATOC pool total capacity will be shared among all awardees in the MATOC pool. There is no guarantee that capacity will be spread evenly within the pool.

A6. Ordering: The only authorized ordering office is the U.S. Army Engineering and Support Center, Huntsville, Alabama. Other agencies may be delegated this authority, in which case, an advance written notice will be given to the Contractor. In addition to, or in lieu of mailing an order, the Contracting Officer may issue an order orally, by facsimile or by electronic commerce methods, at his/her discretion. Task orders will be awarded against the basic ID/IQ contracts using the fair opportunity procedures pursuant to Section 863 of the National Defense Authorization Act for FY 2009, Public Law 110-118 and FAR PART 16.5, in addition to the competitive source selection procedures identified in Section 863 of Public Law 110-417. Each order exceeding $2,500.00 will be awarded on a competitive basis in accordance with FAR 16.505, unless an exception described in FAR 16.505 (b)(2)(i) through (iv) applies.

Task orders will be competed and awarded against the basic ID/IQ contract on an as-needed basis as requirements arise. The KO will use the FRP Small Business Decision Matrix (See Attachments 7, FRP Small Business Decision Matrix) to determine which task order requirements will be set aside for small Business MATOC Contractors.

There are two known situations in which a project under task order limitation may be solicited unrestricted and not set aside solely to the Small Business reserve

• A project’s anticipated value, risk and complexity are ranked and weighted utilizing the Small Business Decision Matrix. If the project is determined to be unsuitable for set aside to the Small Business reserve, the requirement will be competed as unrestricted, or

• The contracting officer determines that the Small Business reserve is working at its maximum capability and is unable to take on additional work

The Government will assess projects under task order limitation to determine whether the above criteria are met. If not, the task order will be competed as unrestricted. Small businesses in the MATOC pool may submit proposals under unrestricted task order competitions.

For task orders, the KO will document the determination and justification in the contract file IAW DFARS Subpart 215.101-2-70(a) Limitations and prohibitions. FRP uses performance based task orders whenever suitable and to the maximum extent practicable. Performance based task orders allow the Contractor to propose industry best practices and technical solutions that are both appropriate to the work site requirements and within the Contractor's capabilities. CEHNC will use lowest price, technically acceptable (LPTA) source selection procedures for task orders. For each LPTA task order award, the KO will determine that the lowest price reflects full life-cycle costs (as defined at FAR 7.101) and justify the use of the LPTA source selection process.

A7. Contracting Officers: Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO), or an Administrative Contracting Officer (ACO)), acting within specifically delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, the Contractor shall not proceed with the change and shall immediately notify the Contracting Officer.

A8. Wage Determinations: The majority of the individual task orders to be issued under this contract are services as defined by FAR 37.101 and will be subject to the Service Contract Act (See FAR 52.222-41). In the event that individual service task orders contain more than incidental, segregable construction effort or for task orders where follow on construction is anticipated, the Davis-Bacon Act (See FAR 52.222-6) will apply to the construction portion in accordance with FAR 22.402. Wage Determinations for the geographic area where the work is to be performed will be incorporated by reference in each individual task order. A copy of the applicable determination will be available at www.wdol.gov. The labor rates in effect at the time a task order is awarded will remain in effect through completion of the project.

A.9 Contract Years

BASE PERIOD: 21 January 2021 – 20 January 2023 OPTION YEAR 1: 21 January 2023 – 20 January 2024 OPTION YEAR 2: 21 January 2024 – 20 January 2025 OPTION YEAR 3: 21 January 2025 – 20 January 2026 6 Months Option: 21 January 2026 - 20 June 2026

The Government may extend the ordering period in accordance with terms in FAR 52.217-8, Option to Extend Services. The evaluated rates in effect during the last exercised option period will remain in effect during any extensions executed under the stated clauses; not to exceed six months. The Government may extend the term of the contract in FAR 52.217-9, Option to Extend the Term of the Contract. The Government shall provide a written notice to the Contractor within 30 calendar days before the expiration of the contract; provided that the

Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The PSC code has changed from P400 to P500.

CLIN 1001

CLIN 2001

CLIN 3001

CLIN 4001

The PSC code P500 has been added.

SECTION B TEXT

B.1. Offerors shall not enter figures into any of the Contract Line Item Numbers (CLINs) for the base contract. These CLINs are placeholder to be used in awarding task orders. See Section L for instructions on information that shall be submitted by offerors in the proposal.

B.2. Awarded contracts will share an estimated capacity of $95,000,000.00. The Government reserves the right to move unused capacity between CLINs and performance periods as necessary.

B.2. Clause 52.217-8 will be included at the task order level and used if applicable.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

PERFORMANCE WORK STATEMENT

FACILITIES REDUCTION PROGRAM (FRP)

MULTIPLE AWARD TASK ORDER CONTRACT

20 April 2020

U.S. Army Corps of Engineers U.S. Army Engineering and Support Center, Huntsville Huntsville, Alabama

Table of Contents

1.0 GENERAL INFORMATION

1.1 Introduction

1.2 Objective

1.4. Service Contract Labor Standards and Construction Wage Rate Requirements

1.5 Contractor Quality Control

1.6 Government Quality Assurance

1.7 Contracting Officer Representative (COR)

1.8 Post Award Conference/Periodic Progress Meetings

1.9 Anti-Terrorism (AT) and Operation Security Requirements

1.10 Safety and Health

1.11 Contractor Travel

1.12 Data Rights

1.13 Ordering

1.14 Pre-Proposal Conference and Site Investigation

1.15 Prosecution of Work

1.16 Conditions Affecting the Work

1.17 Authorities/Technical Direction

1.18 Permits

1.19 Demolition Waste Management and Diversion

1.20 Licenses, Bonds, and Insurance

1.21 Deliverables/Submittals

1.22 Unforeseen Site Conditions and Execution Issues

1.24 Cleanup

1.25 Performance Schedule

1.26 Liquidated Damages

1.27 Weather Delays

1.28 Suspension of Field Activities

2.0 DEFINITIONS and ACRONYMS

2.1 Definitions

2.2 Acronyms

3.0 GOVERNMENT- FURNISHED PROPERTY, ITEMS, and SERVICES

3.1 Government-Furnished Facilities

3.2 Government-Furnished Information

3.3 Government-Furnished Landfill(s)/Borrow Pit(s)

3.4 Government-Furnished Utilities

4.0 CONTRACTOR-FURNISHED ITEMS and SERVICES

4.1 General. ........................................................................ Error! Bookmark not defined.

4.2 Contractor Responsibility ............................................ Error! Bookmark not defined.

5.0 Contractor Management and Personnel Requirements

5.1 Contractor Management

5.2 Personnel Duties, Qualifications, and Training

5.3 Identification of Contractor Employees

6.0 SPECIFIC TASKS

6.1 Task Order Proposals

6.2 Emergency Response

6.3 Summary of Work

7.0 REFERENCES

7.1 National Electrical Code (NEC)

7.2 National Fire Protection Association (NFPA) Codes

7.3 NFPA 101, Code for Safety to Life for Structures and Buildings

7.4 Army Installation Fire Prevention Standards

7.5 USACE Safety and Health Requirements Manual, EM 385-1-1

7.6 American National Standard for Construction and Demolition Operations – Safety and Health 50

7.7 Program Requirements for Demolition Operations – Reference ANSI/ASSE A10.6 –

2006 (R2016)

7.8 29 CFR 1910 – Occupational Safety and Health Administration Regulations

(Standards)

7.9 29 CFR 1925 – Safety and Health Standards for Federal Service Contracts

7.10 29 CFR 1926 –Safety and Health Regulations for Construction

7.11 National Demolition Association – Demolition Safety Manual

1.0 GENERAL INFORMATION

1.1 Introduction. This is a non-personal services Multiple Award Task Order Contract (MATOC) acquisition for the Northeast Region using performance-based task orders to provide facility reduction services. Army Engineering and Support Center, Huntsville (CEHNC) customers include U.S. Army, Army Material Command, U.S. Army Reserve Command, Defense Logistics Agency, U.S. Air Force, Missile Defense Agency, Joint Munitions Command, National Aeronautics and Space Administration, U.S. Marine Corps (USMC), various USACE Districts, and other Federal Departments or Agencies.

Projects under the Northeast Region MATOC will be located in states detailed at paragraph 1.3.5, Place of Performance. The contracts awarded will include performance based, firm-fixed price task orders for a wide range of demolition services, to include abatement of asbestos-containing materials (ACM), disposal of other regulated material (ORM), and facility demolition. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform demolition services as defined in this Performance Work Statement (PWS).

1.2 Objective. The purpose of this acquisition is to reduce the Federal Government’s inventory of excess (no longer needed) facilities, thereby saving energy and maintenance cost;

eliminating safety hazards, nuisances and unsightly structures, and freeing up valuable Government real estate for future development. General work activities performed under this contract include planning, coordination, and execution of building and facility removal/demolition. Projects may also include emergency response to disasters, such as hurricanes, floods, tornadoes, terrorist activities.

1.3 Scope. This contract is for commercial facility reduction services, to include demolition, abatement, site restoration, and related services. General work activities performed under this contract include planning, coordination, and execution of building and facility removal/demolition.

Major features of work include, but are not limited to, removal, demolition, and/or deconstruction (when economically feasible) of small to very large buildings and structures and includes the removal of:

• Asbestos Containing Materials (ACM) by abatement;

• Other Regulated Materials (ORM) by the appropriate disposal procedure

• trees and vegetation;

• parking lots, drives, sidewalks, roadways, other paved surfaces;

• utility lines, services, connections;

• above or underground storage tanks;

• outbuildings such as sheds, gazebos, carports, barns; and

• other activities pertaining to abatement, demolition, destruction, reduction and site restoration.

Other Major features of work may include:

• site and building assessments and or characterizations;

• environmental assessments;

• environmental sampling;

• utility disconnects, terminations, cutting and capping, de-energizing;

• rerouting of utility lines, services, connections;

• recycling of materials and or redirection of debris waste streams;

• site restoration;

• data collection, analysis, and/or reporting;

• hazardous and non-hazardous debris transportation;

• value engineering; and

• other activities pertaining to abatement, demolition, destruction, reduction and site restoration.

Task order PWS shall direct the required capabilities and/or performance characteristics of the supplies, services, and equipment provided under the proposed contracts. The Contractor determines how to meet the government objectives and how to achieve appropriate performance quality results. IAW FAR 37.102, this is a performance-based acquisition and uses performance based acquisition methods to the maximum extent practicable.

1.3.1. The Contractor shall provide a full range of professional services in a proficient, productive, and knowledgeable manner for efficient and effective accomplishment of all contract work. Each task order awarded under this contract is for firm fixed price (FFP) unless circumstances warrant an award based on Labor Hour reimbursement. In this case, the KO shall convert task order to FFP after the Government confirms the full extent of the project.

Contractor shall conduct all work pursuant to all applicable Federal, State, and local laws, regulations, and requirements. Required facility demolition/removal services may include, but are not limited to:

1.3.1.1. Securing the site and facilities;

1.3.1.2. Assessing and/or characterizing the complete facility prior to abatement and demolition via the execution of an environmental survey or assessment, which will include destructive sampling and laboratory testing of samples;

1.3.1.3. Developing and submitting a site-specific Demolition Work Plan (DWP), which will include and address a(n):

• Accident Prevention Plan

• Demolition Procedures and Engineering Controls

• Waste Management Plan

• Material Handling Procedures and Sampling Plan

• Engineering Assessment Determination of Demolition Viability

• Environmental Protection Plan

‒ ACM Abatement and Regulated Materials Removal Plan ‒ Environmental Compliance Plan

• Natural Resources and Wildlife Management

• Cultural and Historic Resources Management

‒ Clean Water Act

• Storm Water Pollution Prevention Plan

• Erosion and Sediment Control Plan

• Spill Pollution Prevention Plan

‒ Solid Waste Management ‒ Materials Handling, Packaging, Disposal, and Transportation

• Access/Egress and Security Controls

• Fire Protection and Prevention Plan, if applicable

• Quality Control Plan

• Project Schedule Detail Work Plan

1.3.1.4. Disconnecting electrical service and disconnecting and capping all other utilities;

1.3.1.5. Abating ACM, and its proper handling, storage, packaging, transport, and final disposal;

1.3.1.6. Removing ORM, and its proper handling, storage, packaging, transport, and disposal;

1.3.1.7. Removing and disposal of underground/above ground (UST/AST) storage tanks;

1.3.1.8. Demolition of facilities;

1.3.1.9. Transportation and disposal of demolition debris materials;

1.3.1.10. Site-restoration, as directed in the task order PWS; and

1.3.1.11. Tracking and submission of required submittals and reports.

1.3.2. The contractor shall not perform Munitions and Explosives of Concern (MEC) remediation activities. However, on a case-by-case basis, the Contractor may be required to assess the presence of explosives within a facility using an Expray, Dropex, or similar method of explosive constituent sampling. In addition, as directed in the task order PWS, the Contractor may be required to provide UXO avoidance support. Government EOD will dispose of any MEC discovered.

1.3.3. Period of Performance. The MATOC ordering period includes a 24-month base and three (3) 12-month optional ordering periods. The MATOC includes FAR clause 52.217-8, allowing an additional six (6) month extension. The Government will exercise contract option periods at Obtaining all required permits and making required notifications;

1.3.4. Contract Capacity. The shared contract capacity for this Northeast Region MATOC, including all subsequent task orders issued shall not exceed $95,000,000.00. The minimum guarantee for the base performance period of this IDIQ contract is $2,500.00. The KO will obligate the minimum guarantee against this contract line item at the time of the basic contract award. Upon issuance of task order awards with an aggregate value exceeding $2,500.00, the KO will deobligate the minimum guarantee from this contract line item. For each successful contractor, there will be a one time “minimum guarantee award amount” during the life of the contract, which includes all option years, if exercised.

1.3.5. Place of Performance. Contractor is responsible for performing the services required under this contract at various Federal facilities located in Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont, as directed in the task order PWS.

1.3.6. Type of Contract. This MATOC is Firm Fixed-Price (FFP). CEHNC will issue FFP project specific performance-based task orders under the base contract.

1.3.6.1. Performance-based service tasks orders/contracts:

• Describe the requirements in terms of results required rather than methods of performing the work;

• Use measurable performance standards (e.g., terms of quality, timeliness, quantity, etc.); and

• Specify procedures for reductions in fee and/or price for deficient services.

1.3.6.2. By using performance-based contract methods, Contractors have the freedom to determine how best to meet the Government’s performance objectives. This maximizes Contractor control of work processes and allows for innovation in approaching various work requirements. This ensures Contractors achieve required performance quality levels. KO will issue performance-based task orders with a task order-specific Quality Assurance Surveillance Plan (QASP), in accordance with (IAW) Federal Acquisition Regulation (FAR) 37.102.

1.3.7. Work Week. For proposal preparation, Contractor shall assume that the work week encompasses Monday through Friday beginning at 0700 and concluding at 1700 excluding holidays unless otherwise directed/allowed in the task order PWS. For each task order awarded against this MATOC, the Contractor shall propose a work week schedule, detailing the number of days and hours/day per work week, for each phase of field activities. For each task order, the Contractor shall submit a schedule as part of the Work Plan and shall update as needed by letter for acceptance by the Contracting Officer's Representative (COR). If the COR rejects the proposed work week schedule, the Contractor will propose a new schedule and the same process will be repeated until an acceptable schedule is provided. Once the schedule is set, Contractor shall request changes in writing for acceptance of the KO.

1.3.8. Recognized Holidays. The following are Federal holidays. Government offices will not be open.

New Year's Day Labor Day Martin Luther King Jr.'s Birthday Columbus Day

President's Day Veteran's Day Memorial Day Thanksgiving Day Independence Day Christmas Day

NOTE: For this MATOC, the days between Christmas Day and New Year’s Day (26 December through 31 December) are non-working days. Contractor is responsible for accounting for all Holidays and non-working days in its schedules.

1.4. Service Contract Labor Standards and Construction Wage Rate Requirements.

Contractor services are subject to Federal Acquisition Regulation (FAR) 52.222-41, Service Contract Labor Standards, FAR 52.222-6, Construction Wage Rate Requirements, and/or 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts). In the task order Requests for Proposal, CEHNC will incorporate current wage determination tables applicable to the geographic area(s). Official wage determinations are located at https://beta.sam.gov.

1.5 Contractor Quality Control.

1.5.1 Quality Control Program (QCP). The Contractor shall develop and maintain an effective quality control program to ensure services are performed IAW this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's QCP is the means by which it assures that its work complies with the requirements of the contract. The Contractor shall develop quality control procedures that address the areas identified in Appendix A, Performance Requirements Summary (PRS).

1.5.2 Corporate Quality Control and Surveillance Plan. Contractor shall develop, document, and implement an effective quality control and surveillance program for this contract and document in a plan. The Contractor shall submit Quality Control (QC) Plan within 30 calendar days of task order award. Contractor QC Plan shall include at a minimum the following documents: (a) Corporate QC Manager appointment letter, (b) QC organizational structure (organization chart), (c) inspection procedures, (d) recordkeeping procedures, (e) report templates, and (f) any other information as required for describing its QC program. The Contractor shall follow the three-phase inspection process (preparatory, initial, and follow-up) or other Government-accepted inspection methodology and include sample forms for each definable feature. After acceptance of the QC Plan, the contractor shall submit any proposed changes to the Government through USACE’s Resident Management System (RMS) for acceptance by the COR.

1.6 Government Quality Assurance. The Government shall assess Contractor performance under this contract IAW the QASP. The QASP defines Government roles and responsibilities for quality assurance, types of work and required outcomes (as defined by the performance metrics), Government evaluation methods used for assessing Contractor performance, and the frequency of surveillance. In addition, the QASP provides Surveillance Activity Checklists and Corrective Action Request (CAR) forms the Government will use to https://beta.sam.gov/ document and evaluate Contractor’s performance to ensure compliance with accepted work and safety plans.

As directed in the task order QASP, the Government will evaluate the work performance in terms of how well the Contractor satisfies the requirements of the contract, the extent to which the Contractor performs work IAW its technical proposal, clarity of documentation, and Contractor’s timely accomplishment of work

The Government may conduct QA inspections at any time on all phases and types of work performed. If any Government QA review identifies a process/work product failure or identifies noncompliance with safety practices, the COR shall issue the Contractor a Contract Deficiency Report (CDR).

1.7 Contracting Officer Representative (COR). The COR shall be identified by separate letter for each task order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to ensure that the Contractor performs the technical requirements of the contract; perform necessary inspections of Contractor work;

maintain written and oral communications with the Contractor regarding technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notify the KO and Contractor of deficiencies; coordinate availability of Government Furnished Property (GFP); and coordinate site access for Contractor personnel. The COR’s designation letter from the KO will state the responsibilities and limitations of the COR, and highlight that the COR has no authority to accept changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the contract.

1.8 Post Award Conference/Periodic Progress Meetings. Contractor agrees to attend any post award conference convened by the KO or COR. The KO, COR, and other Government personnel, as appropriate, shall meet periodically with Contractor to review the Contractor’s performance. Government/Contractor shall take appropriate action(s) to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.9 Anti-Terrorism (AT) and Operation Security Requirements. Antiterrorism and Operations Security: Per the guidelines of OPORD 2013-74: Integrating Antiterrorism and Operations Security (OPSEC) into the USACE Acquisition Process, the following OPSEC provisions apply to this requirement:

1.9.1 AT Level I Training. All contractor and subcontractor employees who require access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date. Upon request, the contractor shall submit certificates of completion for each trained contractor and subcontractor employee to the COR within five (5) calendar days after completion of training.

AT Level I awareness training is available at the following website:

http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the Requesting Activity Anti-Terrorism Office in presentation form which will be documented via memorandum.

1.9.2 Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractor(s) employees shall comply with applicable installation, facility, and area commander installation/facility access and local security policies and procedures, as provided by COR and/or installation government representative. The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DoD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

1.9.2.1 Background Checks for Installation Access. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB), applicable installation, facility and area commander installation/facility access and local security policies and procedures. Installation personnel will conduct background checks on all visitors 18 years of age and older to determine if the person requesting unescorted access presents a potential threat to the good order, discipline, or health and safety on the installation. All access applicants will provide a valid and original form of ID (State driver’s license, passport, and so forth, which complies with Public Law 109-13 (The REAL ID Act of 2005)). Installation will check applicant’s background through NCIC-III and TSDB to identify wanted persons, known or appropriately suspected terrorists (KST), missing persons, foreign fugitives, wanted persons, gang affiliations, protection orders, immigration violators, identity theft, supervised releases, violent persons, and the National Sex Offender Registry. Failure to provide requested information will result in the denial of an authorized access pass (or equivalent) and denial of entry. Delays in gaining access to a facility shall not be a valid basis for delay charges.

1.9.2.2 Contractor personnel requiring access to the military installation in connection with the contract shall have access to only those parts of the installation or building(s) where their presence is required. While on the job, Contractor employees shall display identification as may be required under the Special Contract Requirements entitled "Identification of Employees."

Vehicles operating on the military installation are subject to search by security personnel at any time.

1.9.3 Suspicious Activity Reporting Training. Contractor and all associated sub-contractors shall receive a brief/training on the local suspicious activity reporting program (e.g., iWATCH, CorpsWatch, or See Something, Say Something). Locally developed training will inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the PM, security representative or law enforcement entity. Contractor and all associated sub-contractors shall complete this training within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT five (5) calendar days after the completion of the training.

1.9.4 Operations Security (OPSEC) Training. All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR within five (5) calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/or http://www.cdse.edu/catalog/operations-security.html. If provided by the Requiring Activity’s OPSEC Officer, Contractor shall document via memorandum to COR.

1.9.5 Sensitive or Restricted Areas. Government Designated Authority (GDA) shall escort all contract employees, including subcontractor employees, who are not in possession of the appropriate security clearance or access privileges in areas where exposure to classified and/or sensitive materials and/or sensitive or restricted areas may occur. The contractor will coordinate with the COR and/or the facility security office for access when required.

1.9.6 Pre-Screen Candidates Using E-Verify Program. Contractor shall pre-screen candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to ensure that they meet the established employment eligibility requirements. Contractor must ensure that candidates have two valid forms of Government-issued identification prior to enrollment to ensure correctness of information entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than three (3) business days after the initial contract award.

1.9.7 Transportation Worker Identification Credential (TWIC). Installation may grant TWIC holders unescorted access to the installation after completion of identity proofing and initial vetting through NCIC-III and TSDB and based on a valid purpose for entry to deliver commodities, provide services, or other actions approved by the commander or director.

Transportation workers shall provide additional documentation, e.g., commercial driver's license, government bill of lading, or other documentation, which identifies the requirement or need to enter the installation.

1.9.8 Physical Security. The Contractor shall provide site security (e.g. fencing or guard service) as directed in the task order PWS. However, at a minimum, the Contractor shall maintain the site and all other Contractor-controlled areas in such a manner as to minimize the risk of injury or accident to site personnel or others who may be in the area. Work on or near roadways shall be carefully marked with lights and barricades that meet State and local regulations or, where such regulations are not applicable, deemed adequate to minimize the risk of an accident.

Open excavations that pose a danger to site personnel or others shall be fenced to prevent accidental entry. Contractor shall shore side slopes of excavations or leave at a safe angle of repose, as defined by OSHA 1926.650-652 and EM 385-1-1, Section 25. Contractor shall leave all equipment, when not in operation, in a safe manner (e.g., wheels blocked, buckets on the ground, etc.). Near residential areas, recreational areas, or other areas where children may be present, the Contractor shall give special consideration to site security/safety needs.

https://www.iad.gov/ioss/ http://www.cdse.edu/catalog/operations-security.html http://www.uscis.gov/e-verify

1.9.9 Foreign Nationals. IAW Engineering Regulation, ER 380-1-18 (http://www.usace.army.mil/inet/usace-docs/eng-regs/er.htm), Section 4, foreign nationals, including subcontractor employees, who work on USACE contracts or task orders shall be accepted by the HQUSACE Foreign Disclosure Officer or higher before beginning work on the contract/task order. The contractor shall submit the names of all foreign nationals proposed for performance under this contract/task order, along with documentation verifying the legal admission into the United States and the foreign national’s authority to work in the U.S. to the KO. The KO will forward information CEHNC Security Officer for review and acceptance.

1.10 Safety and Health. IAW FAR 52.236-13, Alt I, Accident Prevention, the Contractor shall comply with the latest version of U.S. Army Corps of Engineers (USACE) Safety and Health Requirements Engineering Manual (EM) 385-1-1 (EM 385-1-1), including revisions in effect at the time of the solicitation, as well as all applicable Federal, State, and local laws, regulations, and requirements. EM 385-1-1 and its changes are available at:

http://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/

1.10.1 Corporate Safety and Health Program. Contractor shall develop and maintain a written Corporate Safety and Health Program (SHP) in compliance with the requirements of the Occupational Safety and Health Administration (OSHA), EM 385-1-1, 29 CFR 1910, 29 CFR 1926, 29 CFR 1960, and FAR 52.236-13.

1.10.2 Site Visit Abbreviated Accident Prevention Plan (SVAAPP). The Contractor shall submit an SVAAPP for Government review and acceptance prior to commencement of any site visit not covered under an Accident Prevention Plan. The Contractor shall prepare a "fill-in-the-blank" template SVAAPP and submit to CEHNC Safety Office (SO) for acceptance prior to all site visits. The SVAAPP shall be adapted to sites specified in the individual task/delivery orders and shall be prepared prior to each site visit. Contractor shall submit SVAAPPs electronically, in PDF format, to the SO and Project Manager (PM) for review and acceptance. Upon acceptance, by the SO, the Contractor shall submit final SVAAPP, including tracking submittal via Form 4025 through RMS. Final acceptance threshold is an acceptance transmittal of the SVAAPP via RMS (note: an e-mail from the SO does not constitute full acceptance of an SVAAPP). Contractor may obtain a sample SVAAPP by contacting SO. Prior to performing site visits or surveys, SO must accept SVAAPP and Contractor must receive partial Notice to Proceed (NTP) from KO. Government may update submission or acceptance requirements in the task order PWS.

1.10.3 Accident Prevention Plan (APP). The Contractor shall submit an APP prior to performance of any fieldwork activities. APP's shall address applicable items listed in EM 385- 1-1, Appendix A (Minimum Basic Outline for Accident Prevention Plans), in addition to other applicable requirements of EM 385-1-1 and OSHA. The Contractor shall develop APP specifically to address site-specific work activities and shall address any unusual or unique aspects of the project or activity directed in the task order PWS. The Contractor shall coordinate with facility representatives or facility contractor, to obtain installation first aid resources, emergency phone numbers, response plans, site evacuation plans, lockout tag-out procedures, permit-required activities, previously-identified confined spaces, evacuation drills, known or potential hazardous or toxic environments/agents, etc., and include the information in the APP.

http://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/

The APP shall also include site-specific Activity Hazard Analysis (AHAs) for the project. The APP shall detail and document how the Contractor intends to accomplish the safety and health requirements of OSHA, EM 385-1-1, and other Federal, State, and local laws, regulations, and requirements prior to mobilization to perform any work not included under the SVAAPP. SO must accept APP and Contractor must receive Notice to Proceed (NTP) from KO. Government may update submission or acceptance requirements in the task order PWS.

1.10.4 Addendums to the APP - The Contractor shall verity that the current APP covers additional work added to the PWS through requests for proposal, engineering change proposals, or contract modifications. If the accepted APP does NOT cover pending work effort, the contractor shall submit an addendum to the APP for Government review and acceptance, prior to performing additional work.

1.10.5 Activity Hazard Analysis (AHA). Before beginning each activity, task, or Definable Feature of Work (DFOW) involving a type of work that presents hazards not experienced in previous project operations, or where a new crew or subcontractor will perform the work, the Prime Contractor(s) must prepare an AHA. If the Prime Contractor requires a subcontractor, or sub tier-contractor or supplier performing the work, to develop an AHA, the Prime Contractor SSHO shall review and approve before submitting to the SO for review and acceptance. The Prime Contractor shall review AHAs periodically (at least annually in conjunction with APP review) and update as necessary when procedures, scheduling, or hazards change.

1.10.6 Experience Modification Rate (EMR). The Contractor shall provide experience modification worksheet indicating its EMR for the last three (3) years and a letter from its insurance agent, insurance carrier, or state fund (on their letterhead) verifying the EMR data furnished.

1.10.7 Site and Safety Health Officer (SSHO). The Contractor must employ a minimum of one Competent Person at each project site to function as the Site Safety and Health Officer (SSHO). The task order PWS will dictate SSHO requirements.

1.10.8 Exposure Hour and Mishap Reporting

1.10.8.1 Exposure Hour Reporting (Monthly Man-hour reporting) - IAW EM 385-1-1, the Contractor shall complete a monthly summary report of accident experience, exposure, Restricted Duty (RD), and Lost Work Days (LWD). Contractor shall describe total hours associated where workers were exposed to activity hazards and forwarded to the GDA no later than close of business (COB) the 7th day of the following month.

The Contractor shall submit monthly exposure hour report in RMS at the task order level.

Information cut-off date will be the last day of each month. The monthly submission must include the title of the report, i.e., Accident Exposure Data Report, contract number, task order number, project site, month and year for which the report is made, a point of contact listing both email address and telephone number, and number of lost workday accidents to include total days lost. If Contractor worked zero hours on the project/task order, a report showing "zero (0)" is required. Government may change the form or submission method as necessary.

1.10.8.2 Mishap Reporting. Contractor shall report mishaps IAW EM 385-1-1, paragraph 01.D, Contractor shall notify KO and SO as soon as practical, but no more than twenty-four hours, after any mishaps, including recordable accidents, incidents, and near misses. Contractor shall submit all mishap notifications as directed in the task order PWS.

1.10.9 Preparatory and Initial Control Phase Meetings (Kick-off Meetings). IAW EM-385-1-1 Section 01.A.14.c and Appendix A, the Contractor may not know all site-specific information (e.g., subcontractors, type of fall protection, cranes specifications, or other load handling equipment etc.) at the time it submits the APP. However, Contractor shall provide remaining site-specific information at preparatory meeting for each phase of work, along with the appropriate AHAs, for Government review and acceptance. Work shall not begin until the GDA accepts the AHA with Risk Assessment Code (RAC) for the work activity and the Contractor discusses the work activity with appropriate personnel performing the work the Contractor, its subcontractor(s), and Government on-site representatives. Contractor shall extend notifications of these meetings to USACE PM, KO, Engineer, and SO for the given task order.

1.10.10 Traffic Control Plan. For any work that is to take place in or near roadways, the contractor shall submit a traffic control plan for acceptance prior to commencing any work.

Contractor shall develop traffic control plan IAW EM 385- 1-1, State-specific guidelines and regulations, and installation-specific requirements.

1.11 Contractor Travel. The Contractor will be required to travel to facilities located throughout the Continental United States (CONUS), Alaska, Hawaii, US Territories, and Possessions during the performance of this contract to attend site visits, meetings, etc.

Contractor travel shall be included in FFP task order proposals.

For modification requests for proposals, engineering change proposals, or requests for equitable adjustment, Contractor shall include price proposals for additional travel, if applicable, consistent with the substantive provisions of the Federal Travel Regulation for travel in the contiguous United States and Joint Travel Regulations for travel in Alaska, Hawaii, and United States Territories and its Possessions. Profit is not authorized on travel costs.

1.12 Contract Submissions. The Government has unlimited rights to all written submissions produced under this contract. The information and materials collected or produced by the Contractor, subcontractor(s), or associates during the performance of services under this contract shall become the property of the Government. Contractor shall keep any copies of such submissions confidential.

Contractor, its subcontractors, or its associates shall not use or sell any project information, documents, or materials without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.13 Ordering. The only authorized ordering office is CEHNC. CEHNC will award task orders against the basic ID/IQ contracts using the fair opportunity procedures pursuant to Section

863 of the National Defense Authorization Act for FY 2009, Public Law 110-118, and FAR PART 16.5, in addition to the competitive source selection procedures identified in Section 863 of Public Law 110-417. Each order exceeding $2,500.00 will be awarded on a competitive basis in accordance with FAR 16.505, unless an exception described in FAR 16.505 (b)(2)(i) through

(iv) applies.

Task orders…