A22_Amendment 0003_Edits Section H and L_W912EE22R0002.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

Reference solicitation W912EE22R0002 for the Greenw ood Area Off ice (GAO) Operation and Maintenance (O&M). This amendment is issued for the follow ing changes. See continuation page for complete details.

1 -In Section H, paragraph H.26 entitled "Government-Furnished RAdio Communications/Equipment" and its subparagraphs H. 26.1 entitled,"Government Furnished Radio Comminications/Equipment" and subparagraph H.26.2 "Contractor Furnished Radio Comminications/Equipment" are deleted in their entirety.

2 - In Section L, paragraph L.6.3, the w ord "Fuel" is hereby deleted.

3- The proposal response date is hereby extended to 18 May 2022, 10:00 AM, CST.

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

S 1 26

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

16C. DATE SIGNED

BY 11-May-2022

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 W912EE22R0002

X 9B. DATED (SEE ITEM 11)

14-Apr-2022

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 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

11-May-2022

CODE

VICKSBURG CONTRACTING OFFICE

4155 CLAY ST

VICKSBURG MS 39183-3435

W912EE 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912EE22R0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMEND 0003 - SECTION H

H.1. INVOICES.

Reference the Contract Clauses in Section E entitled "Inspection of Supplies--Cost Reimbursement" and "Inspection of Services-Cost-Reimbursement" and the Contract Clause entitled "Allowable Cost and Payment" in Section I.

Notwithstanding the requirements contained in the referenced sections, payments may cover 28- to 31-day increments ( depending upon the number of days in the months wherein the billing period lies) in accordance with the provisions of this paragraph for services and supplies furnished and accepted. The billing periods should end on the same day of each month. Invoices shall include an accompanying detailed statement of costs which supports the invoice amount, including those associated with Government- requested procurement actions. The Contractor's invoice shall be keyed to item categories as described in the Contractor's cost proposal; it shall be organized in the same format and reflect accumulative cost for all cost elements as identified in the cost proposal.

Additionally, invoices for payment of Government-requested materials, supplies, and services as described in Section C. 7 ., "Government- Requested Procurement of Equipment, Materials, Supplies, and Services for the Government - General" may be submitted immediately in lieu of monthly, provided the total invoiced amount exceeds $25,000.00. As further support to his/her manpower costs, the Contractor shall provide a monthly employment report to the COR. This report shall indicate the hours worked and paid for each employee in the performance of this contract with a distinction between regular, holiday, leave, vacation, and overtime hours by lake. The original invoice shall be submitted to the Vicksburg District Operations Division at the address shown in Section G of this contract. Also copies of this invoice shall be concurrently furnished as required in Section G. In the event the Government corrected Contractor performance deficiencies and the Contracting Officer advised the Contractor of this action, in accordance with the Contract Clauses entitled "Inspection of Supplies - Cost Reimbursement" and "Inspection of Services - Cost Reimbursement" in Section E, the Contractor shall promptly include the cost of the deficient work in the invoice and also give credit in the invoice in the amount of the total Government costs in correcting the deficient work.

H.2. PAYMENTS.

After receipt of each invoice, the Government will, except as otherwise provided in this contract and subject to the paragraph entitled "Audit of Costs" below, pay to the Contractor the cost of services as determined by the Contracting Officer to be allowable and also a pro rata share of the fixed fee; i.e., for a contract period of 12 months, then one twelfth of the fixed fee per month.

H.3. AUDIT OF COSTS.

The Contracting Officer may have the Contractor's invoices and cost records audited. Payments shall be subject to adjustment on the basis of an audit determination that costs are not reasonable, allowable or allocable.

H.4. FIXED FEE.

The Contractor will be paid a fixed fee not to exceed 6 percent of the total estimated cost (for each contract year as contained in the schedule (Section B).

This fixed fee will be paid to the Contractor in accordance with the paragraph entitled "Payments" above.

H.5. PERMITS AND RESPONSIBILITIES.

The Contractor shall, without additional expense to the Government, be responsible for obtaining any and all necessary licenses and permits and complying with any applicable Federal, state, or local laws, codes, or ordinances in connection with the performance of work under this contract.

H.6. SUPERINTENDENCE BY THE CONTRACTOR.

During the performance of work under this contract, the Contractor shall, at all times, give his/her personal superintendence to the work and/or provide sufficient superintendence, in the opinion of the COR or designee, to ensure the control of operations and quality.

H.7. STORAGE SPACE.

The Government may provide both open and closed storage space to accommodate the Contractor's supplies and equipment used in the performance of work specified under this contract. Any modification to any of the facilities contained in these storage areas shall receive prior approval by the COR or designee. See the paragraph entitled "Government Furnished Facilities" in this section.

H.8. CONTRACTOR'S LIABILITY - DAMAGE TO GOVERNMENT PROPERTY.

By executing this contract, the Contractor agrees to be liable for all damage, destruction, theft, or loss of Government property and materials caused, in whole or in part, by his or her employees.

Such property includes, but is not limited to, buildings, equipment, fixtures, materials, supplies, natural resources, and other project features. In such an event, the Contractor shall either make payment to the Government for such damage or loss in the amount determined by the Contracting Officer, or replace or repair the damaged property to the satisfaction of the Contracting Officer, or replace destroyed or stolen property to the satisfaction of the Contracting Officer.

H.9. CONTRACTOR'S LIABILITY - DAMAGE TO PROPERTY OR INJURY PERSONS. By execution of this contract, the Contractor agrees to hold and save harmless the United States from all claims for damages to property or injuries to persons which may arise from or be incident to the performance of work under this contract, including the property of the Contractor or injuries to the Contractor's officers, agents, or employees caused, in whole or in part, by the willful acts or negligence of the Contractor or his officers, agents, or employees, and the United States shall not be responsible for such damages or injuries.

H.10. SAFETY.

H.10.1. Corps of Engineers Safety Manual.

The Contractor shall maintain at least one copy of the current issue of the Corps Safety Manual, EM 385-1-1, at each general location of work.

This manual is distributed in electronic format on the internet at the HQUSACE Publication Library website located at:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM 385-1- 1 2008Sep Consolidated 2011Aug.pdf.

The Contractor shall strictly comply with this manual as it relates to his/her activities under this contract and also routinely discuss applicable provisions of this manual with all employees.

H.10.2. Occupational Health and Safety Act.

This contract is subject to the provisions of the Safety and Health Regulations for Construction and Occupational Safety Standards which are published by the Department of Labor under authority of Public Laws 91-54 and 91-596. The Contractor shall maintain all applicable provisions of these regulations as they relate to the activities under this contract.

H.10.3. Accident Prevention Program.

The Contractor shall prepare and submit an original and two copies of his/her accident prevention program to the COR for approval. The Notice- To-Proceed will not be issued until this program is approved.

This program shall be prepared in the following format as noted in 10.3.1-3.

H.10.3.1. A statement of the company policy concerning accident prevention and any other guidance statements normally furnished new employees.

H.10.3.2. A fully completed and signed accident prevention program administrative plan, EM 385-1- 1, (https://www.publications.usace.army.mil/portals/76/publications/ engineermanuals/em_385-1- 1.pdf) See, referenced Appendix A, C.12.

H.10.3.3. A fully completed and signed accident prevention program activity hazard analysis, LMV Form 359-R. At startup of this contract, the Contractor shall submit an initial activity hazard analysis for each individual job with the analysis addressing all phases of work with specific attention to identifying all potential hazards associated with each individual job circumstance that may be encountered in the performance of such work under this contract. Also, prior to beginning any work activity, an updated activity hazard analysis addressing all phases of work with specific attention to identifying all potential hazards and developing specific controls for each potential hazard, for dates of performance associated with each individual job, shall be prepared by the Contractor and reviewed with their employees involved in the work. Each employee assigned to the job, the site superintendent, and/or the foreman shall sign and date on the activity hazard analysis form, indicating that the activity hazard analysis job and each individual work phase have been reviewed and will be implemented prior to accomplishing any work. In the event that an initial activity hazard analysis has not been prepared for a job, then the Contractor shall first complete an initial activity hazard analysis for each phase of work identifying all potential hazards associated with the individual job. Thereafter, the Contractor shall update the activity hazard analysis identifying any changes in the potential hazards associated with the job for dates of performance.

A copy of each completed activity hazard analysis shall be submitted to the COR or his designee upon his/her request.

H.10.4. Employee Safety Meeting.

The Contractor shall conduct organized safety meetings at employee assembly or dispatch points on a weekly basis of a duration not less than 15 minutes for all employees involved in the performance of work associated with this contract. These meetings shall address the safety requirements of this contract, and records of such meetings shall be furnished to the COR on a monthly basis. These records shall include a list of attendees, by name, and a summary of the items discussed at each meeting. Also, the Contractor shall furnish to the COR the time(s), date(s), and location(s) of the meetings at least 10 working days in advance of their scheduled occurrence. Subsequently, if there is any change in this information, the Contractor shall notify the COR immediately. The Government reserves the right to attend such meetings.

H.10.5. Employee Safety Awareness.

In order to help promote employee safety awareness, the Contractor shall ensure that each employee reviews the Accident Prevention Program Administrative Plan and the Accident Prevention Program Job Hazard Analysis prior to beginning work and at least on a monthly basis thereafter. The Contractor shall maintain a record of such review by each employee's signature and date of review. A copy of this record shall be furnished to the COR on a monthly basis.

H.10.6. Contractor Safety Inspections.

The Contractor shall institute a safety inspection program to ensure that all safety requirements are being fulfilled by his/her employees. The Contractor shall also maintain records of the results of this inspection program and furnish these records to the COR upon request. These records shall include as a minimum the following information:

a. The identification of the activity inspected including the related work number if assigned.

b. The results of the inspection including deficiencies noted and corrective actions taken.

c. The date of the inspection.

d. The signature of the person making the inspection

H.10.7. MandatoryUse ofSeatBelts.

All vehicles used by the Contractor in the conduct of this contract shall be equipped with seat belts and anchorages meeting the requirements of571 (Department of Transportation Federal Motor Vehicle Safety Standards). All drivers and passengers of these vehicles shall wear seat belts in the fastened position at all times, and such equipment shall be maintained in proper working order.

H.10.8. Storage and Handling of Materials.

The Contractor shall comply with applicable regulations of the U. S. Army Corps ofEngineers pertaining to the storage and handling of materials and flammable and combustible liquids (EM 385-1-1, Safety and Health Requirements Manual, Section 14 and Section 9; Code of Federal Regulations, Part 112, Protection of Environment; and NFPA 30.)

H.10.9. Equipment Operator Training.

The Contractor shall ensure that operators of any equipment are trained for the proper and safe operation of the equipment prior to contract award.

H.10.10. Accident/Incident Reporting.

The Contractor shall report all accidents to the COR involving property loss and/or physical injury within 4 hours of the incident. The contractor shall complete and submit electronically an After Accident Briefing Report for all non-lost time accidents and incidents involving property losses. In lieu of this report a Challenge 10 report shall be completed for any lost-time accident.

In the event of a physical injury resulting in lost time or a fatality, the Contractor shall make immediate telephonic notification to the COR. For the purpose of this requirement, a lost time accident is defined as one where the injured employee suffered a related absence from the job during normally scheduled duty hours. The Government reserves the right to investigate any accident and/or obtain additional related information from the Contractor.

H.10.11. Materials and Equipment Hauling.

All materials and equipment hauling conducted by the Contractor in the performance of work under this contract shall include the use of appropriate covers, binders, and nets to prevent the material and equipment from falling and/or blowing out of the transporting equipment. The Contractor shall be responsible for the recovery of all materials which fall or blow out regardless of the location.

H. l 0.12. Mandatory Use of Protective Headgear (Hard Hats).

The Contractor is hereby advised that work areas may be designated as "Hard Hat Areas" by the COR in accordance with EM 385-1-1. The Contractor shall ensure that all of his/her employees, including security, administrative, supervisory, and management personnel, wear protective headgear meeting the requirements of EM 385-1-1 while in these areas. Also, the Contractor shall not allow entry into such areas to any person, Government or private, who is not properly equipped with and wearing such headgear.

Since authorized visitors may not bring such headgear with them, the Contractor shall maintain at least six spare hard hats available for use by such visitors and ensure that they wear protective headgear while in these areas. The Contractor's headgear shall be of uniform color and marking and not resemble U.S. Army Corps of Engineers protective headgear in color or marking.

H.10.13. Prohibition Against the Use of Employees Who Have Communicable or Infectious Diseases or Who Are Taking Certain Medications.

In the conduct of this contract, the Contractor shall ensure that no employees are allowed to perform services required by this contract while they have a communicable or infectious disease or while they are taking medication which causes temporary debilitation or reduces the physical or mental capacity of the individual.

H.10.14. Back-Up Alarm Systems.

The Contractor shall maintain operable back-up alarm systems on all vehicles, mobile equipment, tractors, mowing equipment, and any that equal or exceed an engine horsepower rating of 20 horsepower. All back-up alarm systems shall comply with EM 385-1-1.

H.11. CONTRACTOR'S POINTS OF CONTACT.

The Contractor shall, prior to beginning operations under this contract and thereafter on a continuing basis, keep the COR informed of the telephone numbers where both he/she and his/her authorized representative (if one is appointed) may be contacted at any time, day, or night. The Contractor shall provide a means by which personal telephone contact can be made by the Government with him/herself and/or his/her authorized representative during after-duty hours within 15 minutes, i.e., via a cell phone.

H.12. CONTRACTOR'S PERSONNEL AND EQUIPMENT.

During the period of this contract, the Contractor shall always provide a sufficient number of qualified personnel and functional equipment to perform the services required within the contract funding. Also, the Contractor shall maintain standby personnel and standby equipment capability sources such that neither the absence of personnel nor the breakdown or absence of equipment adversely affects the timely performance of work under this contract. A failure to provide a sufficient number of qualified personnel or operable equipment which thereby results in the Contractor's failure to provide timely work performance, as determined by the Contracting Officer, may be considered a breach of contract and result in default of this contract. The Government also reserves the right to perform this work by its own employees or facilities or by other procured means in accordance with the paragraph entitled "Safety Inspection" of this contract.

H.13. PREWORK CONFERENCE.

Prior to beginning any work under this contract, the Contractor shall meet formally with the COR at a time, date, and location established by same for the purpose of coordinating the initiation of work. The Contractor and his/her authorized representative and alternate shall be present at this meeting. Submittals, work schedules, work plans, personnel list, vehicle list, etc.

are required.

H.14. CONTRACTOR APPEARANCE AND CONDUCT.

The Contractor shall require that all of his or her employees involved in the execution of this contract wear sufficient and suitable clothing, which meet the approval of the COR. Also, all Contractor employees, equipment, and vehicles shall wear or otherwise display a plainly seen identification, which bears the employee's name (for an employee) and the Contractor's company name (for employees, equipment, and vehicles). The Contractor shall also ensure that all employees conduct themselves in an exemplary manner which is above reproach and absent of even the appearance of wrongdoing. Under this contract, the COR may direct the immediate removal of any contractor employee whom display attitude, behavioral or demeanor problems which affect the performance of this contract, or Government employees, lake visitors, or the public perception of the project or is incompetent in the performance of their work, or otherwise endangering persons or property. Such direction may be made by telephone, and later confirmed in writing. The contractor shall take immediate action to terminate the employee and remove any such employee from the contract within one hour.

H.15. SERVICE CONTRACT ACT.

Offerors are advised that this procurement is subject to the requirements of the Service Contract Act of 1965, as amended, and attention is requested to the obligations of the Contractor under Section 4 ( c) of the Service Contract Act of 1965, as amended. Any questions regarding these obligations shall be addressed to the Department of Labor.

H.16. UNAUTHORIZED CONTRACTOR ACTIVITIES.

Notwithstanding local, state, and Federal laws, regulations, and ordinances, the following activities by the Contractor, his/her officers, agents, servants, employees, or sub-Contractors are expressly prohibited:

H.16.1. The conduct of any public or private business within the confines of project boundaries which is not directly related to the conduct of this contract, including the sale of any goods or services to the public or the contractor's employees. This includes the installation of vending machines within the bounds of Government property.

H.16.2. The offerance, acceptance, or solicitation of any gratuities or favors to or from Government employees or members of the public for any reason or under any circumstances.

H.16.3. The consumption or possession of any alcoholic beverages during the occupation of Government-owned buildings or the conduct of work under this contract.

H.16.4. The unauthorized use or possession of any controlled substances within the confines of the project boundaries and/or during the conduct of work under this contract.

H.17. CONTRACTOR QUALITY CONTROL.

H. l 7 .1. General.

The Contractor shall establish and maintain an effective quality control system which is satisfactory to the Government. Work under this contract shall not commence until approval of the Contractor's quality control plan.

H.17 .2. Content.

The Contractor's quality control system shall consist of plans, procedures, and organization necessary to ensure that all materials, equipment, workmanship, and services are provided in accordance with the requirements of this contract.

This system shall cover all contract-related performance and be keyed to the Contractor's plan of operation. As a minimum, the Contractor's quality control program shall establish methods of control for the following areas:

a. Equipment maintenance.

b. Employee performance and employee performance evaluation.

c. Identification of decline in performance quality.

d. Corrective action to restore substandard performance and correct related deficiencies.

e. Employee health and hygiene.

f. Reporting procedures for malfunctioning equipment or facilities.

g. Assurance of employee familiarity with work assignments and applicable standards and regulations.

h. Preparation and submission of required reports to both Government technical and contracting personnel.

i. Design and maintenance of the quality control organization.

j. Documentation format for quality control activities performed.

k. Key/lock control.

l. Building security.

m. Recruitment, placement, and training of personnel.

n. Training/Certifications are completed prior to contract award or completed prior of being hired by the contractor

o. Property control system for Government property as required by this contract.

H.1 7.3. Submission.

Within 10 calendar days after the date of receipt of Notice-of-Award of the contract, the Contractor shall furnish his/her quality control plan to the COR for acceptance. Any subsequent changes to the plan shall be submitted to the COR within 10 days after commencement of related work.

H.18. INSURANCE REQUIRED.

H.18.1. The Contractor shall furnish to the Contracting Officer a certificate of the required insurance within 10 calendar days after date of contract award. The Contractor shall maintain, during the entire period of his performance under this contract, the following minimum insurance:

H.18.1.1. Workman's Compensation and Employer's Liability Insurance.

The Contractor shall comply with all applicable workmen's compensation statutes of the State of Arkansas and shall furnish evidence of employer's liability insurance in the amount of not less than $100,000.

H.18.1.2. General Liability Insurance.

Bodily injury liability insurance in the minimum amount of$1,000,000 per occurrence and property damage insurance of $500,000 per occurrence with both on the comprehensive form of policy.

H.18.1.3. Automobile Liability Insurance.

Minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. This insurance shall be on the comprehensive form of policy and shall cover the operation of all vehicles used in the performance of this contract.

H.18 .1.4 Applicability to Subcontracts.

The Contractor agrees to insert the substance of clauses contained within the paragraph in Section H entitled "Insurance Required," including this clause, in all subcontracts hereunder.

H.19. CONTRACTOR REPRESENTATION.

The Contractor shall appoint a single authorized onsite representative, and one alternate thereto, to act on his/her behalf in the conduct of onsite communications and business transactions with the project COR or his/her alternate. In this instance, the Contractor shall provide written notification to the COR giving the names and phone numbers (see the paragraph entitled "Contractor's Points of Contact") of the duly appointed persons. The Contractor shall delegate full authority to these representatives to obligate the Contractor and to make any and all decisions required to execute the contract requirements. The Government will not conduct contract business with anyone other than the Contractor or his/her authorized representative.

H.20. GOVERNMENT CONSIDERATIONS LENDING TO THE DECISION TO EXERCISE

AN OPTION.

The following considerations are among those made by the Government in deciding to exercise the option to extend this contract. By this listing, the Government is not limiting itself to either the inclusion of other considerations or the exclusion of any of these considerations.

H.20 .1. Whether a continuation of the current contract, in lieu of re-procurement or other performance methods, is in the best interest of the Government from an overall cost standpoint.

Overall costs include not only contract costs but also administrative costs. Correspondingly, administrative costs can be affected by additional administrative requirements resulting from Contractor performance deficiencies and spurious contract claims ( claims denied in whole or in part).

H.20.2. Whether the contract requirements are still effective and efficient in the performance of the work required. If the work requirements change substantially or if the specifications prove to have substantial defects whereby either shall necessitate substantial modification to the contract, then the cost of modification versus the cost of re-procurement becomes a consideration.

H.20.3. The Contractor's safety performance record under this contract.

If the Contractor's safety record indicates, in the opinion of the Contracting Officer, that the Contractor's safety efforts are passive or if numerous, serious, or repetitive violations or accidents are incurred during the contract period, then serious consideration shall be given to not exercising the option to extend.

H.20.4. Marginal Contractor Performance.

If the Contractor was issued a written notice by the Contracting Officer to correct a contract performance deficiency, be it general or specific, and the Contractor's response was slow or minimized such that the overall level of contract performance remained marginal, in the Contracting Officer's opinion, then, even in the absence of additional administrative costs associated therewith, serious consideration may be given to not exercising the option to extend.

H.20 .5. The occurrence of funding restrictions or budget reductions which prevent the full funding of the contract.

H.21. EFFECT OF GOVERNMENT ACCEPTANCE OF PROPOSAL.

All commitments contained in the Contractor's accepted proposal become the minimum requirement for this contract. However, such acceptance shall not be construed as a warranty by the Government that no additional capability, expertise, or experience will be required to execute specific tasks under this contract.

H.22. FACILITY AND EQUIPMENT CONDITION INSPECTION.

Prior to beginning initial work under this contract or any new work initiated later which involves Government facilities or equipment, both the Contractor and the COR shall conduct a facility and equipment condition inspection to document the functional condition and state ofrepair of the facilities and/or equipment to be operated, maintained, or used by the Contractor. The Government shall prepare a condition report subsequent to this inspection and furnish a copy to the Contractor.

H.23. PESTICIDE APPLICATION.

The Contractor shall strictly adhere to all applicable Federal, state, and local laws, regulations, and requirements in the application of pesticide concerning safety, application, equipment, and licensing requirements.

H.23.1. Requirements Prior to Pesticide Application.

The Contractor must provide proof of his/her current Arkansas commercial pesticide applicator's license prior to beginning application. The Contractor is required to submit a pesticide spill prevention, containment, and disposal plan for all pesticides stored or used on Government property. This plan shall address on an individual basis each type of pesticide, its storage or use location, the methods for preventing spillage, the methods for containing spillage, and the methods for retrieving and disposing of spillage, residues, and containers. The plan shall be approved by the District Pesticide Coordinator. All pesticides applied under this contract shall either be listed on the preapproved (updated annually) project-specific pesticide list or individually approved by the COR through the District Pesticide Coordinator. The Contractor shall provide the COR with a Material Safety Data Sheet (MSDS) and label for each unlisted pesticide used.

H.23.2. Requirements During Pesticide Application.

The Contractor shall conduct all pesticide application according to the manufacturer's instructions unless a variance is granted by the District Pesticide Coordinator. The Contractor shall provide all materials and services required to implement the approved spill plan. The Contractor shall conduct all pesticide application in a manner that protects all land, water, air, and nontarget biological resources. Additionally, the Contractor shall notify the COR promptly of any environmental degradation and spills caused by pesticide application activities.

H.23.3. Requirements After Pesticide Application.

After each pesticide application, the Contractor shall complete and submit in an acceptable format as determined by the COR. All excess or spilled pesticides and empty containers shall be promptly dealt with in accordance with the approved spill plan.

H.23.4. Reporting Employee Exposure Information.

On a monthly basis, or at the completion of work, if the performance is less frequent than monthly, the Contractor shall provide to the COR the total number of man-hours worked in the performance of pesticide application duties under this contract. This information shall be furnished in writing on the first day of each month for exposure incurred in the preceding month.

H.24. ENVIRONMENTAL PROTECTION.

The Contractor shall comply with all Federal, state, and local environmental laws and regulations including, but not limited to, the Clean Water Act; the Resource Conservation and Recovery Act;

the National Environmental Policy Act; the Emergency Planning-Community Right to Know Act;

the Comprehensive Environmental Response, Compensation and Liability Act; the Toxic Substances Control Act; and the Federal Insecticide, Fungicide and Rodenticide Act.

H.24.1. Notification ofNoncompliance.

The Contractor shall immediately notify the COR or his representative of any instance where he/she causes or observes any instance of violation of applicable environmental laws and regulations or any instance of environmental degradation.

H.24.2. Hazardous Materials Spill Prevention, Containment, and Disposal Plan.

The Contractor shall develop a comprehensive hazardous materials spill prevention, containment, and disposal plan for all such materials stored or used within the confines of Government property. This plan shall address on an individual basis each type of hazardous material; its storage or use location; the methods for preventing spillage; the method for detecting and monitoring for spillage; the methods for containing any spillage; and the methods for retrieval and disposal of spillage, residues, and containers. Specifically included in this requirement are the various lubricants and coolants and their methods for disposal. The Contractor shall be responsible for the proper disposal of all waste lubricants as well as all hazardous materials containers, i.e., herbicide and pesticide containers, among others, which are generated in the performance of this contract. The Contractor shall submit this plan in duplicate to the Contracting Officer for his/her approval prior to beginning work under this contract. The Contractor shall also be responsible for the disposal of all hazardous materials containers in accordance with local, state and Federal environmental regulations.

H.25. GOVERNMENT-FURNISHED PROPERTY.

H.25.1. Government-Furnished Facilities.

The Contractor will be provided office space and storage at Government-owned facilities located at each of the U. S. Army Corps of Engineers lakes. These facilities may be used by both Government and Contractor personnel. See Section J for a listing of facilities furnished under this contract.

H.25.2. Government-Furnished Equipment and Property.

When the equipment required, for the performance of work as established in accordance with this contract, is beyond the Contractor's proposed and accepted resources, the Government may furnish the equipment for use by the Contractor. All equipment furnished to the Contractor will be subject to availability, job requirement, and other pertinent factors. The liability for the repair of damaged Government property shall be subject to the terms of the "Government Property" clause set forth in Section I of this contract. See Section J for a listing of Government-furnished equipment under this contract. When Government property is furnished to the Contractor, a Government property control receipt will be completed and signed by the Contractor. The property control receipt will indicate the assigned location for use of the property by the Contractor. A copy of the property control receipt will be furnished to the Contractor. Upon the return of the Government property to the Government, the Government property control receipt will be completed indicating the return of the property by the Contractor. A copy of the returned property control receipt will be furnished to the Contractor. All Government property furnished to the Contractor shall be accomplished in accordance with this procedure.

H.25 .3 Records of Government Property.

Government property is defined as all Government-furnished property and property acquired by the

Contractor under this contract of which cost is reimbursed to the Contractor. The Contractor shall be responsible and accountable for all government property furnished to the Contractor or acquired by the Contractor under this contract. The Contractor shall establish a property control system for the use, control, maintenance, repair, protection, and preservation of Government property assigned to the contractor, and property assigned to the contractor that is also used by both contractor and Government employees. Here, the contractor's property control system must address the shared use of such equipment.

This property control system shall be in writing and furnished to the COR at the prework conference. Review and approval will be accomplished by the Government property administrator for this contract. The Contractor's proposed property control system shall be in compliance with the Government property clauses of this contract. The Government property administrator shall notify the Contractor in writing with copy furnished to the COR of acceptance or any required corrections and/or additional elements to be addressed and establish a schedule for completion. If the Contractor does not provide an acceptable property control system, the Contractor will be advised by the Contracting Officer that his/her liability for loss of or damage to Government property will increase as determined by the Contracting Officer. The Contractor's records of Government property established and maintained under the terms of the contract are the Government's official Government property records. The Contractor shall maintain and make immediately available the property records upon request by the COR for inspection. The property control report shall be maintained and furnished electronically using appropriate computer software.

H.26 DATE OF CONTRACT AWARD.

Contract award will be made by the Contracting Officer in accordance with the evaluation factor in Section M. The date of contract award does not authorize payment from the Government for any Contractor costs in relation to Contractor activities executed prior to receipt of the Notice- To- Proceed document issued by the Contracting Officer.

H.27 CONTRACTOR'S PERSONNEL.

H.27.1 Employee Suitability Determinations.

Each employee of the Contractor providing services at the site shall be the subject of a suitability determination by the Government. This suitability determination also will include all officers of the firm who regularly participate at the site in the work associated with this contract. Upon request of the Contracting Officer or COR, the Contractor shall furnish a consolidated list of all such personnel employed under the contract. The term "suitability" as used in this contract means a determination by the Government that the employee meets the Government's requirements as specified in the contract for employment as far as reliability, integrity and personal habits are concerned. Unless specifically authorized by the Government, employees will not be allowed to perform duty under the contract until a favorable suitability determination has been made. In addition, the granting of a temporary authorization by the Government to allow an employee to perform under the contract pending completion of the suitability determination shall in no way preclude or bar the withdrawal or termination of such action by the Government. Industrial Security Regulation, DOD 5220.22M, is available for review in the Vicksburg District Security Office, Vicksburg, Mississippi.

H.27.2. PERSONNEL REPLACEMENTS.

All personnel positions are considered essential to the work being performed hereunder except those that are listed below. Prior to removing, replacing, or diverting any personnel in key positions considered essential, the contractor shall notify the contracting officer or the COR within a reasonable time in advance and shall submit justification (including qualifications and experience of proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract.

No replacement, substitutions, or diversion shall be made by the contractor without the written consent of the contracting officer or COR. Essential positions include all except janitor, laborer, grounds maintenance laborer, tractor operator, and light duty truck driver. The essential personnel positions may, with the consent of both parties to this contract, be amended from time to time during the course of the contract to add or delete personnel as appropriate.

H.28 CONTRACTOR USE OF GOVERNMENT-OWNED VEHICLES/AUTOMOBILES.

Contractor personnel are not authorized to use Government-owned vehicles/automobiles, such as cars, trucks, vans, etc.

AMEND 0003 - SECTION L

L.1. Government-Accompanied Site Visits. To accommodate offeror requests for Government- accompanied site visits, an organized site visit was held at Greenwood Area Office, 100 Moore Street, Greenwood, MS 38930 on April 5, 2022, at 10:00 a.m. CST. This visit consisted of a tour of typical work sites and facilities and lasted approximately 2 hours. Participation by Offerors was encouraged. Offerors provided their own transportation for the site visit. During the official site visit, offerors could not solicit advice or assistance from any Government employee pertaining to proposal preparation. Any advice or assistance provided by a Government employee pertaining to proposal preparation, scope, or content did not, in anyway, place binding upon the Government.

L.2. Preparation of Proposals. It is the intent of the Government to award a contract from this solicitation without discussions. The government reserve the right to conduct discussion if we deem it necessary. Awards shall be made utilizing the best value continuum using the tradeoff process prescribed by Federal Acquisition Regulation (FAR) Part 15.101-1, as supplemented. This section provides all proposal submission requirements necessary to be considered for award of the resultant contract. Offerors shall refer to Section M, Evaluation Factors for Award, for the process by which the Government will evaluate proposals and make its award decision as a result of this solicitation.

Offeror’s proposal shall be clear, concise, and include sufficient detail to enable the Government to fully evaluate the proposal. Information shall be formatted as instructed so that the information may be easily located, extracted, and analyzed by the Government.

All Offerors shall submit a proposal with content as specified herein. Proposals submitted without the specified content may be determined non-compliant and removed from further consideration. Proposals must be received no later than the date and time indicated on block 9 of Standard Form

33. Offerors may submit their proposal packages via mail, courier, or hand to the following address:

U.S. Army Corps of Engineers ATTN: Judy Huell 4155 Clay Street, Room 120 Vicksburg, MS 39183-3435

Emailed proposals will not be accepted.

All Offerors are required to submit one (1) original and three (3) copies each of Volume I, Volume II, and Volume III. Each proposal shall contain a cover sheet as the first page which identifies the following: (1) the Offeror’s name, (2) the Offeror’s address, (3) the Offeror’s phone number and e- mail address, (4) the Offeror’s point(s) of contact including contact information, (5) the Offeror’s authorized signer(s)/negotiator(s) including their contact information, (6) the Offeror’s Cage code and DUNS number, (7) the volume number, (8) the requirement’s Solicitation number, (9) the proposal’s period of validity. The second sheet shall be an index/table of contents.

NOTE: All proposals must be valid for 90 days.

All proposals shall be tabbed for each of the evaluation factors. Information contained in the proposals shall be typed on 8-1/2 x 11-in. paper with one-inch margins. The font shall be Times New Roman size 12. An Offeror’s response to Volume I only of this solicitation is limited to fifty (50) 8.5” x 11” pages excluding tabs, Table of Contents, resumes, title sheets, and indices.

Drawing or other graphics shall be reduced only to the extent legibility is not lost. A page printed on both sides will be counted as two (2) pages. Pages shall be consecutively numbered.

Do not submit any materials not required by this solicitation (such as company brochures and marketing material). The Source Selection Authority (SSA) will utilize the required data listed below for evaluation and in accordance with the Evaluation Factors. To evaluate proposals effectively and equitably, the SSA must receive information sufficiently detailed to clearly describe the Offeror's capabilities to successfully perform this project.

L.3 Proposal Format & Submittal Requirements. Proposals shall be submitted in three (3) volumes as listed below, as well as an electronic version of the entire submission to be included in PDF format on a CD. Each volume should be labeled with the Volume number in the title.

Price and technical volumes must be fully separated, and technical volumes should not include any price information. In case of conflict between the CD version and the paper copy of the proposals submitted, the paper copy shall take precedence.

Volume I - Factor 1 - Technical

A) Sub-Factor 1 - Technical Experience B) Sub-Factor 2 - Staffing C) Sub-Factor 3 - Management Plan D) Sub-Factor 4 - Equipment

Volume II - Past Performance Factor 2 - Past Performance

Volume III- Cost Factor 3 - Cost/Price

L.3.1. Technical (Volume I)

Offerors shall submit the following information with their proposal:

L.3.1.A. Technical Experience (Volume I, Sub-Factor 1) Discuss your technical experience providing relevant services described in the Section C of the Performance Work Statement to commercial/industrial clients and/or federal, state, municipal Government agency clients. Offerors should provide a detailed description of the work their firm completed, and their role and length of time spent on the work. Prior experience (as an independent Contractor, joint venture, or any other business arrangement) in accomplishing the many diverse operations, maintenance and repair activities required by this solicitation shall be demonstrated. A broad experience base is desirable to facilitate work that is beyond the stated resources/capabilities, but which may otherwise be required of the Contractor. Emphasis shall be placed upon prior contract experience that is the same as or equivalent to that required by this solicitation.

L.3.1.B. Staffing Plan (Volume I, Sub-Factor 2) Staffing Plan and Qualifications (Volume I, Sub-Factor 2). Discuss personnel and job classifications to be provided for performance for this contract, using the Key Personnel labor categories as described in Section C.8.1. If additional labor categories are proposed, full descriptions are required. Offeror shall furnish the following information:

List the proposed personnel to fill Key Personnel positions that will be committed to this contract and their level of experience, and any required licensing/certifications and/or training. Offerors shall include Key Personnel resumes. The Project Manager, Industrial Electrician and Foreman positions are Key Personnel for this requirement. The offeror shall submit a proposed staffing plan that includes all positions, both Key Personnel and other. An example of a typical staffing plan is provided in Section C.8.1.

Instructions for Completion of Annual Staffing Plan. The annual staffing plan (Attachment 6)should cover a typical year as found in the example in Section C. It includes rows for various types of employees that you may plan to use in the performance of the required services. The names of all proposed Key Personnel employees shall be shown on this form. For non-key personnel, the use of position titles will be acceptable. Position titles shall be shown in all cases.

Each position title shall be shown separately, so as to avail a determination by the evaluators of the number of employees that you are proposing. It is not the intent of these forms to imply that all blanks must be completed for all months. It is expected that you may show staff requirements that vary in both numbers of employees and hours worked as the workload varies. Offerors should show the estimated number of hours to be worked, separately, as regular time and overtime (including holiday pay) by each employee and supervisor and show these hours for each period on the forms.

Offerors should be cognizant of current labor laws and regulations as they pertain to regular time and…