B.01- Combined Synopsis and Solicitation - W912HN25Q5002.pdf

W912HN25Q5002

Section A - Solicitation/Contract Form

SOLICITATION/CONTRACT FORM

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information in this notice.

THIS ANNOUNCEMENT CONSTITUTES THE ONLY

SOLICITATION; THERE WILL NOT BE A SEPARATE PRE-

SOLICITATION NOTICE POSTED WITH THIS ACTION. QUOTES

ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL

NOT BE ISSUED.

This procurement will be a 100% set-aside for Small Business. The solicitation number is W912HN25Q50002, and the solicitation is issued as a Request for Quote (RFQ). The NAICS code is 541330 - Engineering Services with a small business size standard of $25.5 Million. This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular 2021-06.

Title of Requirement: Geotechnical Investigation Clemson Dam – Overhaul Drilling in Oconee, County South Carolina.

Description of Requirement: The Clemson Diversion Dams are high hazard potential embankment dams located on Hartwell Lake in the town of Clemson, South Carolina. The dams are part of the Hartwell Dam and Lake Project. They were constructed to prevent Hartwell Lake from inundating portions of Clemson University, a public land-grant research university currently enrolling approximately 26,000 students each year. The components of the project are three embankments and a pump station, which removes interior drainage from the university by pumping it into Hartwell Lake. The three embankment dams are named the Clemson Upper Diversion Dam, Clemson Lower Diversion Dam, and the Clemson Lower Diversion Dam Saddle Dike. The Clemson Dam Discharge Pipe Project is along the Lower Diversion Dam along the western edge of the dike (see Table 2 in the Scope of Work). Borings will be obtained over water, so it will require a drill rig mounted on a spud barge or other floating platform. Daily transport to and from the drilling platform will be by boat.

Submission Requirements: Fill out the Request for Quotes (RFQ) on page 5, provide the unit and total cost for CLINs 0001 through 0006 on pages 6 and 7, and provide evidence of technical capabilities that are annotated in the Basis of Award on page 2; and return via email to Sarai Hayward at sarai.hayward@usace.army.mil and Nathan Aylesworth at nathan.a.aylesworth@usace.army.mil by November 2, 2024 at 9:00 a.m. EST.

mailto:sarai.hayward@usace.army.mil mailto:nathan.a.aylesworth@usace.army.mil

Basis for Award. The Government has the right to reject any and all offers. The Government will make an award to the lowest priced, responsible, responsive quote that meets or exceeds the requirements stated, and whose proposed price has been determined to be fair and reasonable. This is in accordance with Federal Acquisition Regulation (FAR) 52.212-2, Evaluation- Commercial Items, and

FAR 9.104.

Technical Acceptability will be determined on the basis of the demonstrated ability to perform the required work. The Offeror must demonstrate ability to perform the services listed in the Scope of Work, Overwater Drilling. The contractor shall provide:

1. A summary of qualifications showing the necessary equipment and staff to safely and effectively conduct the work outlined in the Scope of Work

2. Proposed lead driller information including a copy of a valid Drilling License issued by the state of South Carolina and a summary of experience.

Failure to provide qualifications and a copy of valid drillers license with the quote submission by the quote due date and time will render the quote as non-responsive.

Submissions may be submitted via PDF format. Any submission not conforming to the above requirements will not be considered.

NOTES TO OFFEROR

Note 1: Quotes shall meet the specifications in the Scope of Work to be eligible for an award. PARTIES INTERESTED IN RESPONDING TO THIS RFQ may submit their Quote in accordance with standard commercial practice (i.e., Quote form, letterhead, etc.) and MUST INCLUDE THE FOLLOWING INFORMATION: Solicitation number; offeror's complete mailing and remittance addresses; discount terms, DUNS number, and Tax Identification Number. Any prospective awardee shall be registered and active in the SAM database prior to any award of a contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.acquisition.gov or by calling 866- 606-8220

Note 2: All questions are to be directed no later than 11:00 a.m. Eastern time five days prior to closing date to Sarai Hayward at sarai.hayward@usace.army.mil and Nathan Aylesworth at nathan.a.aylesworth@usace.army.mil

Note 3: The Taxpayer Identification Number may be used by the Government to collect and report on any delinquent amounts arising out of the contractor’s relationship with the Government.

Note 4: The completed Offeror Representations and Certifications- Commercial Items (FAR 52.212-3) or Notation that company is registered in SAM (https://www.sam.gov) must be submitted along with each Quote.

Note 5: This acquisition will utilize Simplified Procedures pursuant to FAR 13.1.

Note 6: Include a unit price and a total for each Item No.

Note 7: Antiterrorism and Operational Security

a. Access and General Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area. Proposed language: "All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall 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 http://www.acquisition.gov/ mailto:sarai.hayward@usace.army.mil http://www.sam.gov/ personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed b 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."

b. Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something). This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area.

Proposed language: "The contractor and all associated sub-contractors 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 30calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training."

c. Pre-screen candidates using E-Verify Program. Proposed language: "The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to 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." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative.

This Form will be provided to the Contracting Officer and shall become part of the official contract file.

Note 8: The Government plans to award without discussions or negotiations; however, if after receipt of the quote if it is subsequently determined that discussions/negotiations are necessary, appropriate steps will be taken and the need for such discussions/negotiations shall be adequately documented in the contract file.

Submissions may be submitted via PDF format. Any submission not conforming to the above requirements will not be considered.

The Government reserves the right to cancel this solicitation.

REQUEST FOR QUOTE (RFQ)

US Army Corps of Engineers –

Savannah District POC:

Sarai Hayward

Phone: (912) 652-5348 Email:

sarai.hayward@usace.army.mil Along with the contractor officer Nathan Aylesworth at nathan.a.aylesworth@usace.army.mil

QUOTES DUE BY: 9:00 am (ET) on 2 November 2024

CONTRACTOR: _________ ___________________________

UNIQUE ENTITY ID NO.: _________________________________________

CAGE CODE: ___________________________________

TAX ID NO.: ___________________________________

E-MAIL: _______________________________________________

PHONE NO.: ____________________________________________________

DATE OF QUOTE: ____________________________

QUOTE PREPARED AND CERTIFIED BY:

(Printed Name and Title)

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Project Mobilization/Demobilization_____FFP

FOB: Destination

PSC CD: F021

NET AMT

0002 8 Days Drill Crew Daily Rate _____FFP

0003 1 Project Support Boat Mob/Demob _____FFP

0004 8 Days Support Boat Daily Rate _____FFP

0005 1 Days Weather Day _____FFP

0006 1 Project Supplies _____FFP

Section C - Descriptions and Specifications

DESCRIPTION AND SPECIFICATIONS

SCOPE OF WORK

SAS GEOTECHNICAL

INVESTIGATION

CLEMSON DAM – OVERWATER

DRILLING OCONEE COUNTY,

SOUTH CAROLINA

29 July 2024

1. Background

The Clemson Diversion Dams are high hazard potential embankment dams located on Hartwell Lake in the town of Clemson, South Carolina. The dams are part of the Hartwell Dam and Lake Project. They were constructed to prevent Hartwell Lake from inundating portions of Clemson University, a public land-grant research university currently enrolling approximately 26,000 students each year.

The components of the project are three embankments and a pump station, which removes interior drainage from the university by pumping it into Hartwell Lake. The three embankment dams are named the Clemson Upper Diversion Dam, Clemson Lower Diversion Dam, and the Clemson Lower Diversion Dam Saddle Dike. The Clemson Dam Discharge Pipe Project is along the Lower Diversion Dam along the western edge of the dike (see Table 2). Borings will be obtained over water, so it will require a drill rig mounted on a spud barge or other floating platform. Daily transport to and from the drilling platform will be by boat.

2. Assignment

This scope of work (SOW) consists of SPT/core borings within Lake Hartwell along the western side of the Lower Diversion Dam as shown in Table 3. This investigation requires drilling equipment and platforms that can perform drilling in water with depths up to 40-ft.

The drilling program consists of 8 over water borings. Borings will be acquired by Standard Penetration Test (SPT) and HQ rock coring boring methods at locations shown on Table 1. Borings 5, 7, 11 and 12 will require 10’ of HQ diameter rock coring. The remaining borings will be terminated at the top of competent rock.

The SPT method will be used to sample subsurface soils using a 1-3/8 inch ID split-spoon sampler. The predominant soil types expected to be encountered are residual (ML, SM) type soils and weathered rock. Split-spoon sampling taken at 5-ft intervals to a depth of 20 feet. After 20 feet, augers will be advanced into competent rock. A removable center pilot bit (stinger) can then be inserted into the cutting shoe to prevent soil infiltration into the augers during advancement to each subsequent sampling interval.

The hollow stem auger will serve as the drilling casing to contain the water necessary for rock coring activities. A wire-line rock core bit will then be used to core 10 feet into competent bedrock. Water pressure will be monitored via a floating needle pressure valve throughout the coring process. The center pilot bit shall be removed, and bentonite pellets will then be tremied down-hole and saturated to form a seal at the bottom of the augers.

Standard penetration tests and sampling will be performed in accordance with ASTM D1586 (Standard Test Method for Penetration Test and Split- Barrel Sampling of Soils). The soil samples will be placed in quart jars for subsequent lab testing. Sample jars will be equipped with moisture tight screw caps.

All material retrieved in the borings shall be stored in core boxes and labeled. Unconsolidated material shall be put in plastic jars. Each split- spoon sampler will be labeled and photographed per the Section C of the base contract for inclusion in the final data report. Selected rock samples will be wrapped in preparation for geotechnical analyses.

Contractor must provide daily transportation for Government Geologist to/from drill rig from dry land.

3. Rights of Entry

Government will arrange for site access and obtain keys to all gates prior to site mobilization.

4. Schedule Work is estimated to begin in November 2024 and be completed by December 2024.

Table 1. Boring designations, coordinates, and target depths.

Proposed Boring Easting Northing

Approx. Top of Ground El.*

(ft. NGVD29)

Estimated TOR El.** (ft.

NGVD29)

Estimated Depth to TOR (ft.)

Estimated Boring Depth

(ft.)

Inclination (deg.)

2024-LD5 1442734.889 1036599.203 653.0 623.0 30 40 90

2024-LD6 1442671.278 1036590.516 648.0 618.0 30 30 90

2024-LD7 1442592.897 1036579.911 636.0 606.0 30 40 90

2024-LD8 1442534.605 1036582.776 635.0 605.0 30 30 90

2024-LD9 1442485.357 1036687.399 626.0 596.0 30 30 90

2024-LD10 1442437.108 1036495.711 634.0 604.0 30 30 90

2024-

LD11*** UNK UNK UNK UNK 30 40 90

2024-

LD12*** UNK UNK UNK UNK 30 40 90

* Vertical datum is NGVD29, top of water surface at normal pool is ~ El. 660-ft.

** TOR elevation estimated by interpolating between nearby borings.

*** Borings will be drilled within 1,200’ radius of 2024-LD9.

Table 2 Project Overview

Table 3 Map of Boring Locations

QASP

Quality Assurance Surveillance Plan

For

SAS GEOTECHNICAL

INVESTIGATION

CLEMSON DAM – OVERWATER

DRILLING OCONEE COUNTY,

SOUTH CAROLINA

August 2024

1.0 Introduction

This Quality Assurance Surveillance Plan (QASP) sets forth the procedures and guidelines that the Government will use in evaluating the technical and quality performance of the Contractor in accordance with the Scope of Work (SOW) for overwater drilling at the Clemson Dam, Oconee County, South Carolina. Since the technical approach for achieving the objectives may vary between Contractors, the specific payment milestones will be finalized upon acceptance of the final proposal and contract award and the QASP will be updated accordingly.

This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the Contractor. Updates shall ensure that the QASP remains a valid, useful, and enforceable document. Copies of the original QASP and revisions shall be provided to the Contractor and Government officials implementing surveillance activities.

1.1 Purpose

The purpose of the QASP is to describe the systematic methods used to monitor performance and to identify the required documentation and resources to be employed. The QASP provides a means for evaluating whether the Contractor is meeting the performance standards identified in the SOW and the Contractor’s Quality Control Plan (QCP) and to ensure that the Government only pays for acceptable level of services received.

The QASP defines the roles and responsibilities of the multi-functional Government surveillance team, identifies the performance objectives, defines the methodologies used to monitor and evaluate the Contractor’s performance, describes the quality assurance documentation requirements, and describes analysis of the quality assurance monitoring results.

1.2 Performance Management Strategy

The Contractor is responsible for the quality of all work performed. The Contractor measures quality through the Contractor’s own quality control (QC) program. QC includes all work performed under this contract regardless of whether the work is performed by Contractor employees or by subcontractors. The Contractor’s QCP will set forth the staffing and procedures for self-inspecting the quality, timeliness, responsiveness, customer satisfaction, and other performance requirements in the SOW. The Contractor will develop and implement a performance management system with processes to assess and report its performance to the designated Government representative. This QASP enables the Government to take advantage of the Contractor’s QC program.

The Government surveillance team will monitor performance and review performance reports furnished by the Contractor to determine how the Contractor is performing against communicated POs. The Contractor will be responsible for making required changes in processes and practices to ensure performance is managed effectively.

2.0 Roles and Responsibilities of Government Surveillance Team

Government surveillance will be performed by a multi-disciplinary technical team, which shall create an environment that shapes and effectively executes this contract. The Government surveillance team will perform field and technical oversight of all Contractor activities to ensure that the Contractor is meeting technical, schedule, and other contractual requirements and which will provide early detection of potential performance issues and resolution before any issues become significant problems. The Government surveillance team will be comprised of qualified multi-disciplinary representatives from United States Army Corps of Engineers (USACE). The following Government-designated persons will participate in the performance management of this contract: USACE Contracting Officer (KO) and the USACE Contracting Officer’s Representative (COR). The Government surveillance team will also be supported by the USACE Program Manager (PM), USACE Technical Manager, subject matter experts (SMEs), and other technical personnel.

Contracting Officer: The KO has the overall responsibility for overseeing the Contractor’s performance. The KO, through the assigned COR, monitors the Contractor’s performance in the areas of contract compliance, contract administration, reviewing the COR’s assessment of the Contractor’s performance, and resolving all differences between the COR’s assessment and the Contractor’s assessment of performance. The KO assures that the Contractor receives impartial, fair, and equitable treatment under the contract.

The KO is ultimately responsible for the final determination of the adequacy of the Contractor’s performance. The KO for this contract is Nathan Aylesworth at the USACE Savannah District, at nathan.a.aylesworth@usace.army.mil Questions should be directed to the KO and assigned USACE Contracting Specialist, Sarai Hayward at sarai.hayward@usace.army.mil.

1. Contracting Officer’s Representative:

The COR is responsible for technical monitoring of the Contractor’s field and technical performance as well as assessing, recording, and reporting on the Contractor’s compliance with the contract terms and conditions. The COR, with support of the Government surveillance team, will maintain surveillance documentation and notify the KO of any significant performance deficiencies. The COR will assist the Chief Financial mailto:nathan.a.aylesworth@usace.army.mil mailto:nathan.a.aylesworth@usace.army.mil

Officer by validating that all invoices are correctly posted against the assigned contractual and financial elements. The COR will prepare an annual performance evaluation into the Contractor Performance Assessment Reporting System (CPARS) as required and at the time of final acceptance of work, contract completion, when the Contractor’s performance is unsatisfactory, or at other times, as appropriate, in accordance with USACE procedures. The COR for this contract is Jason Lennane.

2. Subject Matter Experts and Technical Personnel:

The KO and COR may call upon the technical expertise of other Government Officials and SMEs as required. These Government personnel may be called upon to review technical documents and products generated by the Contractor and will be identified as work progresses.

3. Quality Assurance Evaluator (QAE):

An individual designated by the requiring activity to assist the COR and provide technical oversight of the Contractor’s performance. The QAE’s primary duty is to monitor the Contractor’s performance by physically checking to see that tasks are completed, reports are submitted, and desired outcomes are achieved. When a surveillance observation results in an unacceptable evaluation, the QAE will report the unacceptable performance to the COR. The QAE is not authorized to direct work, offer advice on how the work should be performed, change the contract, or in any way obligate payment of funds by the Government.

3.0 Contractor Performance Assessment

The Contractor will be responsible for accomplishing the Performance Objectives (POs) at Clemson Dam, and will be monitored and assessed for this contract by the Government surveillance team. The COR will monitor every aspect of the Contractor’s performance and will engage the Contractor and appropriate team members to resolve any discrepancies in performance.

This contract will utilize multiple tools and methods to assess the Contractor’s performance, and every aspect of that performance will be adequately documented to substantiate the Contractor’s compliance with the POs. The Contractor will be engaged in the development of this strategy, as a strong partnership between the Government and the Contractor will help to ensure the POs are achieved.

Discrepancies or deficiencies in performance will be resolved at a level appropriate to the deviation or divergence from the performance objective. Contractor and COR interaction will be required for all issues. When required, the KO will be required to engage with the Contractor to ensure all aspects of the contract are adhered to. Anticipated remedies may include: receiving data, information, or reports from the Contractor in response to questions; correction of cost performance data; timely notification of issues effecting health and safety; meetings;

correspondence; adjustments to milestones to meet site conditions; or Contractor re-performing tasks or work in order to meet POs.

4.0 METHODS OF SURVEILLANCE

Surveillance is performed by the Government to provide objective quality evidence that there is a reasonable level of confidence that the services provided by the Contractor have met all the requirements of the contract before authorizing payment. The primary methods of surveillance are periodic inspections and customer feedback.

a) 100% Inspection: All project milestones, documents, and activities will be evaluated through 100% inspection by on-site inspection or document review through USACE oversight. The COR will document performance for each completed milestone, document, or activity prior to payment.

b) Periodic Inspection: Inspections are planned at specific intervals or dates as determined by the surveillance schedule. Periodic inspections will be performed regularly, yet randomly, during all hours of the Contractor’s operation. Periodic inspections may be performed more frequently if the COR/QAE discovers the quality of the Contractor’s performance is less than acceptable.

c) Customer Feedback: Customer feedback is firsthand information from the actual users of the service and is typically obtained via telephone or email. Customer complaints obtained via telephone must be followed up in writing/email. The customer complaint must clearly articulate the nature of the complaint, time, date, etc. The COR/QAE will validate the complaint within 24 hours of receipt, complete the validation section on DA Form 5477-R, Customer Complaint Record, and forward a copy to the KO for resolution with the Contractor. The KO will return a copy of the completed and signed DA Form 5477-R to the COR for inclusion in the contract/order file. If the COR/QAE determines a complaint is invalid, rationale will be cited in the validation section and retained for future reference. Customer feedback will be used to supplement other forms of performance evaluation, but will not be a primary method of evaluating the Contractor’s performance.

5.0 SURVEILLANCE PROCEDURES

5.1 The COR will develop a monthly schedule of surveillance activities based on the Performance Standards as outlined in the contract/order and Performance Requirements Summary, as applicable, as well as any other critical contractual requirements the COR determines to be higher risk requiring oversight. The surveillance outlined in the monthly schedule will be as detailed and in-depth as necessary to provide the Government with the objective quality evidence required to support acceptance of a monthly contract invoice. The schedule should provide periodic surveillance during all required hours of the Contractor’s operation including nights and weekends. The schedule is “FOR OFFICIAL USE ONLY” and is not releasable to anyone other than authorized Government personnel. The schedule will identify the date of inspection, activity to be monitored, and who will conduct the surveillance (dates and times can be altered without a formal change to the schedule as long as all inspections are performed). The DA Form 5475-R, COR/QAE Surveillance Schedule, may be used for this purpose. The monthly schedule will be completed no later than seven calendar days prior to the beginning of the period it covers and a copy forwarded to the KO for information and review.

5.2 The COR/QAE will monitor performance in accordance with the schedule and will ensure all services required by the order/contract are successfully performed. All inspections will be documented and include as a minimum date and time, who performed the inspection, what was inspected, to what standard and the results. Successful or exceptional performance will be documented as well as deficiencies in Contractor performance. Documentation will be maintained for future reference, audit, and proof of inspection. Any uncorrected unacceptable observation will result in an unacceptable rating, a corrective action request to the Contractor and notification to the KO.

5.3 The COR will notify the Contractor, in person, each time an unacceptable observation has been recorded and ask the Contractor to correct the problem. The COR/QAE will record the contract requirement , the specific deficiency to the requirement, the date and time it was discovered, and have the Contractor initial the entry. The Contractor will be given two working days after notification to correct the deficiency in accordance with requirements of the contract.

Deficiencies that cannot be corrected within two working days will be reported to the Contracting Officer.

5.4 The COR will report more serious (systemic in nature) deficiencies or recurring deficiencies in the same area that could indicate a trend by using DA Form 5479-R, Contract Discrepancy Report (CDR). The CDR will state the Contract Requirement, the specific contract reference and the specific nonconformance to the requirement. The COR will forward copies of CDRs to the KO within one working day. The KO will notify the Contractor and request corrective action. The KO may require the Contractor to re-perform any services that do not meet contract requirements at no additional cost to the Government. The Contractor will return a copy of the completed and signed CDR to the KO for inclusion in the contract/order file.

5.5 The COR/QAE will re-inspect services that were found deficient to ensure corrections were made within the timeframe outlined in the contract or other agreed upon time. The COR/QAE will not consider the services complete until all deficiencies have been corrected.

Contractor’s failure to complete corrective actions will be reported immediately to the KO for further action.

5.6 The COR/QAE will accept the services provided and authorize payment, typically on a monthly basis or upon satisfactory completion of the work. This is done by approving the Contractor’s invoice in Wide Area Workflow.

5.7 The COR/QAE will submit a brief monthly activity report to the KO which will include the next month’s surveillance schedule, summary of inspections performed and results, summary of customer feedback, summary of contract discrepancies and corrections, recommendations, invoices accepted and any other pertinent activities.

6.0 Performance Standards

The performance standard, as set forth in the SOW, is the standard the Contractor must meet for a particular Performance Objective to be deemed acceptable. The maximum degree of deviation from the requirement is the percent defective or the maximum number of defects per month that can be reached without the performance being considered overall unsatisfactory for a particular Performance Objective. Exceeding the number of defects or percent will cause the service to be deemed unsatisfactory.

The Contractor’s performance will be evaluated by assessing the listed key milestones, documents, and activities in the areas of evaluation listed below. These areas will be evaluated throughout the course of the project through the use of the following qualifiers: exceptional, very good, satisfactory, marginal, and unsatisfactory. The Contractor’s performance will be evaluated for the attribute of safety during any fieldwork.

AREAS OF EVALUATION

QUALITY

SCHEDULE

BUSINESS RELATIONS

SAFETY

6.1 Acceptable Performance

Performance shall be documented using approval of the plans, field work, and reports.

Subsequent approval is further documented by approval and payment of the associated performance milestones. Payments shall be completed by approval of the invoice by the USACE PM and submitted to the COR for payment. The Government shall document positive performance. Any report may become a part of the supporting documentation for any contractual action. The Government uses CPARS.

6.2 Unacceptable Performance

When unacceptable performance occurs, the COR shall inform the KO. The KO shall notify the Contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case, the COR shall document the discussion and place it in the COR file.

The Contractor shall acknowledge receipt of the written documentation from the KO. The written documentation of unacceptable performance should request the Contractor to prepare a corrective action plan to document how the Contractor shall correct the unacceptable performance and avoid a recurrence. The documentation should also state how long after receipt the Contractor has to present this corrective action plan to the KO. The Government shall review the Contractor's corrective action plan to determine acceptability. The Government may also submit an interim CPARS rating to document unacceptable performance. Should performance not allow for corrective action, or if the corrective action plan is not implemented, the Government may issue a final CPARS rating documenting the unacceptable performance.

Unacceptable performance may also result in the Contracting Officer issuing a contract termination.

The following guidelines are provided for issuing ratings that are subjective in nature; these ratings will be supported by the weight of evidence documented during the Government's surveillance efforts:

Exceptional: Performance meets contractual requirements and exceeds many to the Government's benefit. The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the Contractor were highly effective.

Very Good: Performance meets contractual requirements and exceeds some to the Government's benefit. The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective actions taken by the Contractor were effective.

Satisfactory: Performance meets contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the Contractor appear or were satisfactory.

Marginal: Performance does not meet all contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the Contractor has not yet identified corrective actions. The Contractor's proposed actions appear only marginally effective or were not fully implemented.

Unsatisfactory: Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains serious problems for which the Contractor's corrective actions appear or were ineffective.

7.0 QUALITY ASSURANCE SURVEILLANCE FILE

The COR/QAE file shall contain:

• Copy of the COR appointment letter from the KO, any changes to that letter, and any termination letters.

• Training Certifications for COR.

• Copy of the contract and all contract modifications.

• Copy of the applicable Quality Assurance Surveillance Plan (QASP).

• Copy of the contractor’s Quality Control Plan (QCP).

• All correspondence initiated by authorized representatives (Contractor or Government) concerning performance of the contract.

• Names, position titles and contact information of all key personnel assigned to this contract both Government and Contractor.

• Monthly surveillance schedules & Surveillance Checklists.

• Records of all inspections performed and the results.

• Customer Feedback.

• Memoranda for record of minutes of any meeting, telephone conversations and discussions with the contractor or others pertaining to the contract or contract performance.

• Documentation pertaining to acceptance of services, reports or data.

8.0 Quality Assurance Monitoring Form

The USACE PM or designee will use the Quality Assurance Monitoring Form (QAMF) (Attachment 1) to record evaluation of the Contractor’s performance for each payment milestone or final document/report in accordance with the methodology described in Section 3.0. The USACE PM must substantiate, through narratives on the form, all exceptional or less than satisfactory ratings.

Performance at the satisfactory level is expected from the Contractor. The QAMF will include information on acceptance of the progress reports and payments to percent project completions by the Contractor. The USACE PM will forward copies of all completed QAMFs to the COR and the Contractor within 7 days of performing the inspection.

9.0 Other Documentation

The COR shall review, approve, and maintain at a minimum the following surveillance information within the contract project folder (hardcopy or electronic) or in an appropriate electronic domain:

a. COR Letter of Appointment

b. Contract and Modifications

c. Contract SOW and documents/reports, such as:

• Project website observations

• Schedules

• Technical status reports

• Meeting documentation

• Notifications

• Quality Assurance Project Plan (QAPP)

• Drawings, permits, and technical documents

d. Other applicable documentation, such as:

• Progress Reports such as Daily Progress Reports

• Data and Technical Reports

• Correspondence (email, teleconference notes, etc.)

• Financial documents to support invoicing

• Back up documentation for all invoices

• Observations on Contractor activities

• Milestone records

• Database records

• Site visit surveillance documentation

9.1 RECORDS: All records will be retained for the life of this contract. The COR/QAE will forward these records to the KO upon completion of the contract/order.

9.2 CHANGES: The QASP is a living document and, as such, may be changed as needed.

However, the KO must approve changes. The COR will submit recommended changes to the KO for approval.

Performance

Objective Indicator Standard Method of Surveillance

Mobilization ad Set up

Arrive on site at the agreed upon date, time and location with the proper equipment.

COR, and/or customer will meet the contractor prepared to load equipment.

Observation, review of the schedule and customer feedback

Drilling Quality Utilize the proper equipment and methods to conduct the drilling operations.

COR, and/or Customer will be onsite to inspect all work being conducted by the contract drill crew.

Observation

Safety

The equipment and crew meet all safety requirements including navigation and safety equipment.

COR, and/or Customer will be onsite to ensure the equipment and crew meets the safety requirements and operate in a safe manner.

Observation

5.0 Corrective Action Process

When a key document/report receives a marginal or unsatisfactory rating, the Contractor will explain, within 15 days, in writing to the COR as to why performance was marginal or unacceptable, how performance will be returned to acceptable levels, and how recurrence of the problem will be prevented in the future. The COR will review the proposed corrective action to determine if the corrective action will be accepted.

6.0 Performance Standard Decision Review

The Government will document compliance or noncompliance of each completed milestone, document, or activity with a Performance Standard Review as shown in the table below. The status of each completed performance milestone will be entered into the review table. Compliant or noncompliant status of the completed milestone will be documented along with specific documented deficiencies, cause of deficiencies, and a recommended approach to corrective action.

Table 3 - Performance Standard Decision Review

Performance Milestone Status

Identified Performance Deficiencies

Cause of Deficiency

Recommended Corrective Action

ATTACHMENT 1

QUALITY ASSURANCE MONITORING FORM

SERVICE or STANDARD (MILESTONE):

SURVEY PERIOD:

SURVEILLANCE METHOD (Check):

100% Inspection Periodic Inspection Customer Feedback

LEVEL OF SURVEILLANCE (Check):

Monthly Quarterly As needed

PERCENTAGE OF ITEMS SAMPLED DURING SURVEY PERIOD: ______ %

ANALYSIS OF RESULTS:

Contractor Performance (Check): Meets Standards Does Not Meet Standards

Narrative of Performance During Survey Period:

PREPARED BY: ___________________________________ DATE: _________________

QUALITY ASSURANCE MONITORING FORM

SERVICE or STANDARD (MILESTONE):

SURVEY PERIOD:

SURVEILLANCE METHOD (Check):

100% Inspection Periodic Inspection Customer Feedback

LEVEL OF SURVEILLANCE (Check):

Monthly Quarterly As needed

PERCENTAGE OF ITEMS SAMPLED DURING SURVEY PERIOD: ______ %

ANALYSIS OF RESULTS:

Contractor Performance (Check): Meets Standards Does Not Meet Standards

Narrative of Performance During Survey Period:

PREPARED BY: ___________________________________ DATE: _________________

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 15-NOV-2024 TO

15-DEC-2024

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SCHEDULE GA 99999

999-999-9999

W912HN

0002 POP 15-NOV-2024 TO

15-DEC-2024

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 15-NOV-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 15-NOV-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 15-NOV-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 15-NOV-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

Section H - Special Contract Requirements

SPECIAL CONTRACT ACTIONS

Wage Determination for Oconee County, SC Wage Determination No.: 2015-4451 Revision No.: 27 Date Of Last Revision: 07/22/2024

The above is found in SAM.gov.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.223-10 Waste Reduction Program MAY 2024 52.226-7 Drug-Free Workplace MAY 2024 52.226-8 Encouraging Contractor Policies To Ban Text Messaging

While Driving

MAY 2024

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due.