W912EQ-20-S-0004 Sources Sought.pdf

US Army Corps of Engineers

Memphis District

Bulk Fuel/Lubricants - Blanket Purchase Agreement

Ensley Engineer Yard 2915 Riverport Rd Memphis, TN 38103

SOURCES SOUGHT

This is a Sources Sought Notice solely for information and planning purposes only. This Sources Sought neither constitutes a Request for Quotes (RFQ), Invitation for Bids (IFB), or Request for Proposals (RFP), nor a promise to issue a future RFQ, IFB, or RFP. It does not constitute a solicitation and shall not be construed as a commitment by the Government to contract for any supply or service.

The U.S. Government is not seeking quotes or bids at this time and will not accept unsolicited proposals in response to this sources sought notice. Responses in any form are not offers and the Government is under no obligation to award a contract as a result of this announcement. No funds are available to pay for preparation of responses to this announcement. Any information submitted by respondents to this technical description is strictly voluntary. Responses will not be returned to the responder.

USACE - Memphis District (CEMVM) is issuing this sources sought synopsis as a means of conducting market research to identify multiple businesses with the interest and resources to enter into a Blanket Purchase Agreement (BPA) for Bulk Fuel/Lubricant purchases. Memphis District anticipates procuring multiple supplies valued at a maximum of $250,000 per order on a competitive basis through the BPA for Bulk Fuel/Lubricants. Call Orders for projects under the BPA would include, but not be limited to, the Scope of Work as specified herein.

BPA calls under this agreement will have an anticipated max limit of $250,000 per call with a five year period of performance (ceiling price is to be determined). Due to the possibility of emergency fuel/lubricant requirements, BPA contractors must also have the resources necessary to respond to emergency request within 24 hours. Each project will be competitively procured. When establishing these BPAs, the Government will consider price; operational area; socio-economic status; past performance, where past performance exists; and technical capabilities. BPAs will be evaluated annually, and may remain in place for up to five (5) years. Annual review of BPAs will be performed to determine whether the Government is receiving fair and reasonable pricing, which may result in either continuing the BPA or early termination. Early termination may result if the Government no longer has a requirement for the general supplies provided by the Contractor.

The Contractor must be registered with the System for Award Management (SAM) under NAICS Code 324110. Representations and Certifications must also be on record. SAM registration is free, and done through the website at https://www.sam.gov.

The Government will evaluate market information to ascertain potential market capacity to provide general supplies consistent in scope and scale, with those described in this notice and otherwise anticipated, and secure and apply the resources needed to successfully provide the supplies. Based on the responses received, multiple BPAs may be made.

The solicitation document and incorporated provisions and clauses are those in effect through the date of posting.

Submission Requirements

1. Instructions to Interested Parties: If your business organization has the potential capacity to provide these general supplies, and is interested in being considered for inclusion in this BPA, please respond and submit the following information indicating any or all capabilities.

a. Capability Statement to include bulk fuel delivery, bulk lubricant delivery, and emergency response.

b. Operational area(s) to which the company is able to delivery. (See Scope of Work, section 1.0 for list of areas covered by this BPA.)

c. Examples of pricing available from your company. These prices are for evaluation purposes only, and will not be locked in on the Blanket Purchase Agreement, if you are selected to receive one.

2. Please provide business information in the following format:

Business Name:

Point of Contact: (Name/Phone/Email):

Address:

Business Size (Large/Small/8(A)/etc.):

Cage Code:

3. Any information submitted by respondents to this Sources Sought Notice is strictly voluntary. The Government will not pay for any information that is submitted by respondents to this Sources Sought Notice. The Government requests interested firms submit capability response no later than 9:00 a.m., Central Standard Time, on 3 January 2020 to Kolbi Moore, Memphis District, U.S. Corps of Engineers, via email at Kolbi.K.Moore@usace.army.mil, Fax will not be accepted. Please direct any questions on this announcement to Kolbi Moore at the above email or phone number 901-544-3381.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and DEC 2014

Certifications.

52.204-20 Predecessor of Offeror JUL 2016 52.204-21 Basic Safeguarding of Covered Contractor Information JUN 2016

Systems

52.204-22 Alternative Line Item Proposal JAN 2017 52.209-2 Prohibition on Contracting with Inverted Domestic NOV 2015

Corporations--Representation

52.209-11 Representation by Corporations Regarding Delinquent Tax FEB 2016 Liability or a Felony Conviction under any Federal Law

52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-3 Offeror Representations and Certifications--Commercial OCT 2018

Items

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.212-5 (Dev) Contract Terms and Conditions Required to Implement MAY 2019

Statutes or Executive Orders--Commercial Items (Deviation

2018-O0021)

252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011 Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD NOV 2011

Officials

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber OCT 2016

Incident Reporting

252.204-7015 Notice of Authorized Disclosure of Information for Litigation MAY 2016 Support

252.211-7003 Item Unique Identification and Valuation MAR 2016 252.232-7003 Electronic Submission of Payment Requests and Receiving DEC 2018

Reports

Fuel and Lubricant Supply Scope of Work

For

U.S. Army Corps of Engineers

Ensley Engineer Yard, Graham Burke Pumping Plant, and

W.G. Huxtable Pumping Plant

December 19, 2019

1.0 Description of Supplies The work covered by this contractual agreement and the respective task/call orders against this contract shall consist of delivery and transfer of fuel and/or petroleum-based lubricants including, but not limited to, diesel fuel, gasoline, engine oil, hydraulic oil, and grease. The contractor shall satisfactorily perform all work in accordance with contract specifications herein and as specified in the task/call orders issued against this contract and to the satisfaction of the Contracting Officer (KO) and/or Contracting Officer Representative (COR).

1.1 Contract Areas. Contract areas consist of the four (4) locations listed below. The applicable contract delivery location(s) will be specified within each task/call order.

1.1.1 Ensley Engineer Yard (EEY), 2915 Riverport Rd., Memphis, TN 38109

1.1.2 Motor Vessel (M/V) Mississippi when moored at Ensley Engineer Yard, 2915

Riverport Rd., Memphis, TN 38109

1.1.3 Graham Burke Pumping Plant, 5825 Lee 501, Marianna, AR 72360

1.1.4 W.G. Huxtable Pumping Plant, 11049 Phillips Rd. 549, Elaine, AR 72333

1.2 Contract Period. The period of performance for this contract will be for five (5) years commencing from the date of award.

1.3 Working Hours. Work shall typically be scheduled to be performed Monday through Friday, 7:00 a.m. to 4:00 p.m., excluding Federal Holidays as listed below. However during the pumping season, typically December through June; deliveries to the pumping plants may be scheduled Sunday through Saturday, including federal holidays, as coordinated with the pumping plants’ point of contact (POC).

1.4 Federal Holidays. Below are the federal holidays for which no deliveries should be scheduled without specific request from and prior coordination with the specified POCs.

New Year’s Day Labor Day Birthday of Martin Luther King, Jr. Columbus Day Washington’s Birthday Veterans Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.5 Points of Contact. The following persons are the designated POCs for the Contract Areas listed above.

1.5.1 For diesel fuel and gasoline deliveries to Ensley Engineer Yard (EEY): Mr. Billy Manley, (901) 579-3600 or (901) 692-4944

1.5.2 For engine oil and/or hydraulic oil deliveries to the M/V Mississippi when moored at EEY: Mr. Robert Morton, (901) 605-2807 or (918) 774-8864

1.5.3 For engine oil, hydraulic oil, and/or grease deliveries to the Graham Burke or W.G. Huxtable Pumping Plants: Mr. Brett Barnhartt, (870) 295-9108 or (870) 315-9135

1.6 Fuel and Lubricant Supply and Delivery. All deliveries of fuels and lubricants supplied under this contract shall be in accordance with all applicable USACE EM 385-1-1; OSHA; EPA; NFPA;

and, in the case of deliveries to the M/V Mississippi, U.S. Coast Guard standards/regulations.

The Contractor is responsible for furnishing all labor and equipment necessary to transfer deliverables from the delivery vehicle to the applicable storage location(s) as designated by each location’s POC.

1.6.1 Diesel Fuel for EEY. The Contractor shall supply Grade #2, clear, on-road, ultra-low sulfur diesel (ULSD) fuel with a maximum sulfur content of 15 ppm and maximum bio-content of 15% that meets or exceeds the EPA’s emission requirements for ULSD fuel. The fuel shall be delivered to EEY and transferred into on-site storage tanks with a maximum capacity of 400 gallons. Actual delivery quantity will be specified in the task/order issued against this contract and coordinated by the EEY POC.

1.6.2 Gasoline for EEY. The Contractor shall supply regular unleaded, 87-octane gasoline with a maximum ethanol content of 10% that meets or exceeds the EPA’s emission requirements for unleaded gasoline. The gasoline shall be delivered to EEY and transferred into an on-site storage tank with a maximum capacity of 480 gallons. Actual delivery quantity will be specified in the task/order issued against this contract and coordinated by the EEY POC.

1.6.3 Engine Oil for the M/V Mississippi. The Contractor shall supply Mobilgard ADL 40 or equal. Oil will be delivered and transferred by the contractor, in coordination with the vessel’s POC and crew, into the vessel’s onboard storage tank(s). The onboard tank capacity is 6,100 gallons. Typical deliveries will be between 3,000 to 4,000 gallons. Due to weight and maneuverability constraints, a 4,500-gallon tanker truck or smaller shall be used.

1.6.4 Hydraulic Oil for the M/V Mississippi. The Contractor shall supply Mobil Nuto H

Series 32 or equal. Oil will be delivered and transferred by the contractor, in coordination with the vessel’s POC and crew, into the vessel’s onboard storage tank. The maximum tank capacity is approximately 1,200 gallons. Due to weight and maneuverability constraints, a 4,500-gallon tanker truck or smaller shall be used.

1.6.5 Engine Oil for the pumping plants. The Contractor shall supply Mobil Pegasus

805 Ultra SAE 40 or equal delivered in bulk and transferred into on-site storage tanks or delivered in 275-gallon tote containers and moved to the site-designated storage area, as coordinated by the pumping plant POC. Average delivery size is 4,000 gallons per delivery to the W.G. Huxtable Pumping Plant and 1,000 gallons per delivery to the Graham Burke Pumping Plant. Bulk oil deliveries to the Graham Burke Pumping Plant requires the use of a 4,500-gallon or smaller tanker vehicle due to maneuverability constraints at the site.

1.6.6 Grease for the pumping plants. The Contractor shall supply Mobil SHC 102 EAL or equal delivered in 110-lb. kegs and moved to the site-designated storage area, as coordinated by the pumping plant POC. Average use of grease is approximately 30 kegs per year at the W.G. Huxtable Pumping Plant and 10 kegs per year at the Graham Burke Pumping Plant.

1.6.7 Hydraulic Oil for the pumping plants. The Contractor shall supply Mobil DTE 24 or equal delivered in 55-gallon drums and moved to the site-designated storage area, as coordinated by the pumping plant POC. Average use of hydraulic oil per year per pumping plant is approximately 4 barrels.

2.0 Service Delivery Summary

2.1 Service Delivery Summary (SDS). The contract service requirements are summarized in performance objectives that relate directly to specific job requirements. The performance threshold is the maximum number of defective items in a lot that can be considered satisfactory. The performance threshold for each service to be performed can be found in the chart below. When the number of defects for a specified service (or lot) is below the performance threshold, the work will be considered satisfactory. However, the Contractor is still required to correct any deficiency, if possible. Each service that is performed will be determined acceptable or deficient according to the inspection rating that is received. The SDS and the Contractor's Quality Control Plan (QCP) provide information on contract requirements; the expected level of contractor performance; and the expected method of government validation and confirmation of services provided.

Performance Objective Performance Threshold Method of Assessment Remedy

See 1.0 Description of Supplies and Services

Zero (0) defects per month Periodic Validations

Re-performance Administer Quality Control Program, including subcontractor management in accordance with SDS

The contractor is in compliance with the

QCP 100% of the time Periodic Validations

2.2 Quality Control Plan (QCP). Prior to commencement of work the Contractor shall submit his/her QCP. The Plan shall identify personnel, procedures, instructions, records, and forms to be used during the performance of this contract. The QCP shall include a description of the quality control (QC) organization; name, duties, responsibilities, and authorities of each person assigned a QC function; and a letter signed by the Contractor’s authorized official, addressed to the designated QC manager, describing the responsibilities and delegating the authorities of the QC manager.

2.3 Quality Assurance (QA). The government shall inspect and evaluate the Contractor's performance to ensure supplies and services are received in accordance with the requirements set forth in this contract. The KO or COR shall inspect by validating actual work performance, physically checking an attribute of the completed task, checking a management information report, investigating customer complaints, conferring with facility managers, or otherwise inspecting the task or its results to determine whether or not performance meets the standards contained in this Scope of Work (SOW).

2.4 Performance Assessment/Periodic Validations. This method is a "spot check” style of evaluation. Periodic validations will be conducted on a scheduled basis (daily, weekly, monthly) and may be adjusted, based on quality trends. The number of times that a service is provided by the Contractor for a given bid item during a specific time period (day, week, etc.) is called a "lot". Any unsatisfactory inspection (defect) result shall be recorded, and the contractor shall re-perform the service after notification by the KO or COR. Failing to meet the performance threshold as outlined in the SDS for any of these performance objectives in any one month period shall result in a warning or letter of concern from the KO. Failing to meet the performance threshold as outlined in the SDS of these performance objectives in any combination for any two or more consecutive or non-consecutive months during a 12-month period shall constitute a deduction.

3.0 Government-Furnished Equipment, Material, and Supplies.

3.1 General. No Government-furnished equipment, material, or supplies will be supplied for

Contractor use in connection with this contract.

4.0 Contractor-Furnished Equipment, Material, and Supplies

4.1 General. All Contractor-furnished equipment, materials, and supplies used in the performance of this contract shall be of suitable size, type, and quality for the intended use.

Contractor-furnished equipment shall be inspected daily by the Contractor and maintained in a safe and properly working condition. The KO reserves the right to inspect any and all equipment, materials, and supplies prior to award of this contract and during the course of this contract.

4.2 Sustainability. In accordance with the U.S. Army Corps of Engineers (USACE) Acquisition Instruction (UAI), USACE shall advance sustainable acquisition FAR Part 23 and the Army Green Procurement Guide by ensuring that all applicable new contract actions include relevant, federally-mandated, sustainability requirements.

4.2.1 EPA Designated. Under the Comprehensive Procurement Guidelines (CPG) program the United States Environmental Protection Agency (EPA) designates products that are, or can be made with recovered materials, and recommends practices for buying these products. Any designated product that is being offered or supplied under this contract shall meet the minimum recommended content levels as identified under the CPG program. The contractor is encouraged to visit the EPA’s CPG website (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program) for a complete list of designated products and the associated recommended content levels. Offerers must be able to demonstrate that each offered product meets minimum content levels upon request.

4.2.2 USDA BioPreferred Program. The United States Department of Agriculture (USDA) designates certain bio-based products for federal procurement and specified minimum bio-based content levels for those products. Any designated product that is being offered or supplied under this contract shall meet USDA BioPreferred's minimum bio-based content level. Visit the BioPreferred website (https://www.biopreferred.gov/BioPreferred/) for the complete list of designated products and the associate minimum bio-based content level requirements.

5.0 General Information

5.1 Scope of Work (SOW). The work covered by this contractual agreement and its respective task/call orders against this contract shall consist of supply, delivery, and transfer of diesel fuel, gasoline, and petroleum-based lubricants as specified under “1.0 Description of Supplies and Services.” The Contractor shall satisfactorily perform all work in accordance with the contract specifications herein and as specified in task/call orders issued against this contract and to the satisfaction of the KO and/or COR.

5.2 Safety. The Contractor shall comply with all safety and health requirements in the USACE Safety and Health Requirements Manual, EM 385-1-1 (e.g., contracts that include the Accident Prevention clause at FAR 52.235-13 and/or other safety provisions). EM 385-1-1 and its changes are available at:

https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_38 5-1-1.pdf. The Contractor shall be responsible for complying with the current edition and all changes posted on the web as of the effective date of this solicitation. The Government may inspect all equipment and materials. Any equipment or material found not in conformity with the requirements of this contract shall be removed from Government property immediately. The Contractor shall develop and submit an Accident Prevention Program using the forms located in Appendix D together with a copy of the Company Safety Policy.

5.2.1 Safety Indoctrination. The Contractor shall be responsible for initiating and maintaining a safety and health program which complies with the safety and health references described above. The program shall include initial indoctrination and continuing training for all employees who shall work under this contract.

5.2.2 Site Safety and Health Officer (SSHO). A Site Safety and Health Officer (SSHO) shall be provided at the work site at all times to perform safety and occupational health management, surveillance, inspections, and safety enforcement for the Contractor. The Contractor Quality Control (QC) person can be the SSHO on this project. The SSHO shall meet the following requirements.

Is working or has worked on similar projects.

Has completed the 10-hour OSHA safety class or equivalent within the last three (3) years.

Has completed competent person training as needed.

5.3 Submittals.

5.3.1 General. The following submittals are required. These submittals must be updated on a regular basis throughout the duration of the contract. These submittals must be approved by the Government prior to the start of work under this contract.

5.3.2 Contractor Work Plan. The Contractor shall submit to the KO or COR for review and approval, the Contractor Work Plan in accordance with EM 385-1-1. Any Contractor requested changes to an approved Contractor Work Plan shall be submitted to the Contracting Officer for review and approval no later than twenty-four (24) hours prior to implementation of any change. The Contractor Work Plan shall include at a minimum, but is not limited to, the following;

The name, mailing address, and telephone number of the Contractor and/or person(s) of authority through which he/she can be contacted during regular and irregular business hours

The name and telephone number of the Contractor Representative(s) to whom deficiencies are to be reported and through which he/she can be contacted during regular business hours

The number of personnel and how personnel are to be used in the performance of the work

The methods to be used in performance of each phase of work The equipment and materials to be used in performance of the work The Contractor's Accident Prevention Program, as required by EM 385-1-1

5.3.3 Spill Containment & Response Plan. The Contractor shall provide a spill containment and response plan in accordance with EM 385-1-1.

5.3.4 Activity Hazard Analysis (AHA). An AHA represents the Contractor's best effort to anticipate and mitigate or prevent the adverse effects of equipment failure, extreme weather/environmental conditions, or other hazardous/unexpected situations. Each AHA shall be job specific and address each phase of work.

5.4 Applicable Publications. The Contractor shall perform all work in accordance with the following applicable publications, including but not limited to:

5.4.1 Manufacturer's Recommendations. For equipment, supplies, and materials used/or inspected by the Contractor.

5.4.2 Industrial Standards and Codes (latest editions). Includes the following but is not limited to:

American National Standards Institute (ANSI) American Society for Testing and Materials (ASTM) Engineer Manual, EM 385-1-1, U.S. Army Corps of Engineers Safety and Health

Requirements Manual National Fire Protection Association, Section 58; Liquefied Petroleum Gas Code Environmental Protection Agency, Clean Water Act Environmental Protection Agency, Clean Air Act Underwriters Laboratories (UL) OSHA, Standard Number 1917.156; Subpart G

5.5 Commencement, Schedule, and Completion. The Contractor shall not commence any work prior to the KO's issuance of a written task/call order unless specified otherwise by the KO.

Unless otherwise specified within an individual task/call order, the Contractor shall be required to commence work on individual task/call orders within seven (7) calendar days after the date of receipt of the written task/call order or notification to proceed by the KO.

The Contractor shall be required to commence work on individual task/call orders involving emergency operations within twenty-four (24) hours after the date of receipt of a written task/call order or notification to proceed by the KO for emergency services. The Contractor shall coordinate with the Government any and all Contractor operations in and around other contractors, work crews, or government employees. In the event that weather conditions or flooding of contract areas will not permit performance of work the Contractor will suspend work until such time as the conditions improve and become suitable for performance of work. No adjustment in contract price will be made for any suspension of work. Under any condition, if work was not completed as scheduled and no advance notice was given to the Government and agreed to, then the Government may reject the services for payment and/or assess a re-inspection fee. A re-inspection fee may also be assessed if the Contractor was required to re-perform services due to deficiencies.

5.6 Environmental Review Guide for Operations (ERGO) Data. The Contractor may be required to participate in ERGO. This review shall ensure environmental compliance during the performance of contract requirements. This review shall be performed by the Contractor at no additional cost to the Government.

5.7 Permits and Responsibilities. The Contractor shall be responsible for obtaining any necessary licenses and permits and for complying with any applicable Federal, State, and Municipal laws, codes, and regulations, in connection with the execution of the work. The Contractor shall be similarly responsible for all damages to persons or property that occur as a result of his/her fault or negligence; shall take proper safety and health precautions to protect the work, the public, and all the property of others; and shall be responsible for all materials delivered and work performed until completion and acceptance of the contract.

5.8 Access and Security.

5.8.1 The Contractor shall secure and obtain the consent of the owner, representative, or agent for all necessary right-of-entry permits prior to affecting any entry into private property in conjunction with the performance of this contract at no cost to the Government. Access into and through Government property to worksites shall be over land provided to the Contractor by the Government.

5.8.2 All Contractor and associated subcontractor employees shall comply with applicable installation, facility, and area commander installation/facility access and local security policies and procedures (provided by Government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. The 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.

5.8.3 All Contractor and associated subcontractor employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 I AR 190-13); applicable installation, facility and area commander installation/facility access, and local security policies; and procedures (provided by Government representative, as NCIC and TSDB are available).

5.8.4 All Contractor and associated subcontractor employees shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative, or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR no later than 5 calendar days after the completion of the training.

5.8.5 All Contractor and associated subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

5.8.6 The Contractor must pre-screen employee candidates using the E-verify

Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Contractor must ensure that the candidate has two valid forms of Government-issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible candidates must be provided to the COR no later than 3 business days after the initial contract award.

5.9 Personnel Requirements.

5.9.1 Labor Required. The Contractor shall furnish all employees required to satisfactorily perform the work described herein. Due to increased security measures and visitor safety, the Contractor is required to perform background screenings for all employees, to include criminal and sexual crimes, prior to performing any work under this contract. Copies of employee background results shall be submitted to the KO or the COR. Any person having felonious or sexual crimes will be prohibited from performing the tasks required for this contract.

5.9.2 Supervision. The Contractor shall provide adequate supervision of all contract employees to ensure compliance with the contract specifications. The Contractor shall furnish a telephone number and mailing address through which he/she can normally be contacted on a daily basis and must supply in writing the name(s) of his/her designated supervisor(s) who can be contacted on a daily basis. Under no circumstances will other than representatives of the Contractor, subcontractor, Government employees or other individuals on official business be permitted to enter the buildings or closed recreation areas for any purpose during work period time.

5.9.3 Contractor's Employees. Some of the work may be performed in the presence of the general public. Thus, the conduct of all employees is critical and will be closely monitored. The Contractor and all employees shall consume no alcoholic beverages or illegal drugs while working on this contract. The KO may require the Contractor to immediately remove from the worksite any employee of the Contractor who endangers persons or property or who is uncooperative with members of the public, Government contractors, or Government employees. Notification shall be by telephone or in person and shall be confirmed in writing as soon as possible. No such removal will reduce the Contractor's obligation to perform all work required under this contract.

5.9.4 Subcontractors. Assurance of compliance with this contract by subcontractors will be the responsibility of the Contractor.

5.10 Maintenance and Replacement of Equipment. The Contractor shall make repairs and conduct maintenance of equipment, and the working equipment shall be in safe and good working condition when in use. The Contractor shall keep small repair and replacements parts to minimize the amount of lost time in a manner satisfactory to the KO. The Contractor shall furnish all fuel, lubricants, and other operating supplies as required for the proper operation of the equipment. Costs for the foregoing shall be included in the contract unit prices, and therefore, no separate payment will be made.

5.10.1 Replacements. The Contractor, to the satisfaction of the KO, shall promptly replace any equipment which, in the opinion of the KO, proves to be deficient in quality as the work progresses. If the Contractor does not promptly make such deficient equipment good, the KO reserves the right to terminate the use of such equipment.

5.10.2 Alternative Equipment. The Contractor may propose to use alternative types of equipment not included in the specifications. The suitability of the alternative equipment must be demonstrated to the KO by a field test conducted by and at the expense of the Contractor. Procedures for testing will be provided by the KO. Each proposed alternative type of equipment must be capable of performing equal to or greater in all capacities to that equipment specified herein. The KO shall have final approval of utilization of any alternative equipment.

5.11 Reports.

5.11.1 Accident Reports. For recordable injuries and illnesses and property damage accidents resulting in at least $2,000 in damages, the Contractor shall conduct an accident investigation to establish the root cause(s) of the accident;

complete USACE Accident Report Form 3394; and provide the report to the COR within two (2) calendar days of the accident. The COR will provide copies of any required special forms.

5.11.2 Accident Notification. The Contractor shall notify the COR as soon as practical, but not later than four (4) hours, after any accident meeting the definition of Recordable Injuries or Illnesses or High Visibility Accidents or in which property damage equal to or greater than $2,000 has occurred. Information shall include contractor name; contract title; type of contract; name of activity, installation or location where accident occurred; date and time of accident; name(s) of person(s) injured, if any; extent of property damage, if any; extent of injury, if known; and brief description of accident (to include type of equipment used, PPE used, etc.). Preserve the conditions and evidence on the accident site until the Government investigation team arrives on-site and a Government investigation is conducted.

5.12 Invoices. Each invoice shall include the information as contained in FAR 52.212-4 (g).(1).

5.13 Contract Duration. The work under this contract shall be performed only during the period of performance starting after award with a duration of 5 calendar years.

5.14 Post Award Conference. A post award conference will be scheduled approximately 5 days after contract award. The Contractor is required to attend this meeting.

5.15 Omissions. This contract may duplicate or not cover all specified activities, steps, and/or procedures required to accomplish contract work. In case of omission, the normal industry standards, practices, specifications, and/or guides shall prevail. In no instance shall an omission be a reason to perform inferior work, preclude a less than acceptable product or service, or refuse to perform an intended activity.