W912P519B0004_0001_-_Lake_Barkley_O&M_Amendment.pdf

CONTRACTING DIVISION (DAB)

110 9TH AVENUE SOUTH, RM A680

NASHVILLE TN 37203

W38XDD80821176

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

Project: Lake Barkley Operations and Maintenance Requirements

The purpose of this amendment is to:

1. Answ er questions received during the question period.

2. Update the Performance Work Statement and Instructions to Bidders as a result of questions received during the question period.

3. Add Site Visit Minutes from the Pre-Bid Site Visit held 19 December 2018.

4. Update Exhibit C to include the Mow ing Maps and update Wage Determinations.

5. Update FAR 52.222-42: Statement of Equivalent Rates for Federal Hires and 52.252-3: Alterations in Solicitation.

All other terms and conditions remain the same.

1. CONTRACT ID CODE PAGE OF PAGES

J 1

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

16C. DATE SIGNED

BY 17-Jan-2019

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 W912P519B0004

X 9B. DATED (SEE ITEM 11)

18-Dec-2018

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 is extended, X 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

17-Jan-2019

CODE

US ARMY CORPS OF ENGINEERS-CELRN-RC-N

DIRECTORATE OF CONTRACTING

110 9TH AVENUE SOUTH, RM A405

NASHVILLE TN 37203

W912P5 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W912P5

FACILITY CODECODE

EMAIL:TEL:

W912P519B0004

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:

PRE-BID SITE VISIT MINUTES

CELRN-RC-N 27 December 2018

MEMORANDUM FOR RECORD

SUBJECT: Minutes for Lake Barkley O&M Requirements Pre-Bid Meeting and Site Visit (W912P519B0004)

1. Purpose: To summarize the Pre-Bid Meeting and Site Visit held on 19 December 2018.

2. Attendees:

Government:

Mr. Mike Looney, CELRN-OPW-BAR Mr. Kayl Kite, CELRN-OP-WKY-BAR-R Mr. David Hall, CELRN-OPW-BAR Ms. Deana Gerding, CELRN-OP-BAR-R Mr. Wesley Davenport, CELRN-OP-BAR-R Mr. Greg Thomas, CELRN-OPB-R Mrs. Debra Barlow, CELRN-RC-N

Contractors:

Mr. Tony Johnson, Ascentech Enterprises Mr. Eric McCue, B.A. Services Mrs. Dallas McCue, B.A. Services Mr. Adam Coker, BryMak Mechanical Mr. Dustin Wynn, BryMak Mechanical Mr. Ron Campbell, Campbell Services Mr. Robert Waldron, EnviroSmart Mrs. Kelly Waldron, EnviroSmart Mr. Greg Graham, Graham Services Mr. James Pool, Graham Services

3. Summary of Discussions: Mrs. Debra Barlow started the meeting at 8:00 a.m. Central Time with a brief overview of the project.

a. INTRODUCTIONS: Government employees and Contractors introduced themselves.

b. AGENDA: The Pre-Bid Meeting consisted of the following agenda items: Introductions, Contracting Information, and Safety Concerns. After the meeting, a site visit was scheduled to tour the Lake Barkley Corps Facilities.

(1) Mrs. Debra Barlow presented an overview of the Lake Barkley O&M Requirements project.

(2) Contracting Requirements Overview: This acquisition is a Total Small Business Set-Aside, sealed bid, firm fixed price Requirements contract for Operations and Maintenance at Lake Barkley in Lyon, Livingston, and Trigg Counties, KY and Stewart County, TN in accordance with the solicitation.

a. Type of contract: Indefinite Delivery Requirements contract procured as an Invitation for Bid (IFB) with

Definitive Responsibility Criteria.

b. Basis of Selection of Award: Award shall be made to the lowest priced bidder who is determined to be responsive and responsible. See Federal Acquisition Regulation (FAR) clause 52.214-10, Contract Award

– Sealed Bidding, for more information.

c. Bids are due 23 January 2019 NLT 1:00 pm Central Time.

d. Bidders are required to submit a sealed bid solicitation. Sealed envelopes containing bids shall be marked to show the Bidders’ name and address, the solicitation number and the date and time bids are due.

e. Wage Rate Requirements (Construction), formerly known as the Davis-Bacon Act and Service Standard

Labor Wage Rates, formerly known as Service Contract Labor Act.

o This solicitation includes Department of Labor wage rates under the Wage Determinations Section of the solicitation. At a minimum you shall be required to pay your employees these rates plus fringe benefits for performance under this contract.

f. A Bid Guarantee as well as Payment and Performance Bonds will be required.

g. Please do not submit information that is not requested. Follow the guidelines in the solicitation. It is unnecessary to have special printing, binding color, or graphics.

(3) Mr. Mike Looney spoke about the importance of the Contractor to fully read the solicitation and understand the requirements which pertain to the solicitation and potential contract.

(4) Mr. Kayl Kite spoke about the different sections of the Performance Work Statement, the required security measures and documentation that are vital for the potential awardee. He also spoke about the safety rules of the tour and led the tour.

(5) Debra Barlow wrote down all questions asked during the tour and they are included in this amendment with all other questions submitted during the question period. Contractors were reminded all official questions must be presented in writing to Debra Barlow at email address debra.a.barlow@usace.army.mil no later than 28 December 2018 at 2:00 PM central time.

4. Site visit tour ended approximately at 1:00 p.m. Central Time.

QUESTIONS AND ANSWERS

Lake Barkley O&M

Questions and Answers

1) Are the CLIN quantities similar to the last contract quantities? If not, can a copy of CLIN quantities only (no pricing) be provided from 2014 solicitation?

Answer – The CLIN quantities are similar to the previous contract (W912P5-14-D-0002).

2) Is it the expectation of the USACE that QC services are provided seven days per week during peak season?

Answer – Yes. Reference the Performance Work Statement (PWS) Section C-1.14b QUALITY CONTROL

PROGRAM, which requires “[a]n inspection system covering all the services stated in the contract specifications (this shall include inspection of services performed on weekends such as cleaning services and Section 1 non-routine work orders and any work performed by subcontractors).”

3) Is it the expectation of the USACE for the QC Inspector to be fully dedicated to QC duties and no other ancillary responsibilities?

Answer – No. Reference the PWS Section C-1.14d. Historically, at the discretion of the Contractor’s Superintendent, the QC Inspector has been given additional duties. However, the QC Inspector is not permitted to inspect the work he/she performs.

4) C.1.3 Working Hours - states that there are ten paid federal holidays, however the SCA wage determination dictates eleven paid holidays to include Good Friday, are we to assume eleven paid holidays as per D.O.L.

SCA?

Answer – Federal law (5 U.S.C. 6103) establishes the public holidays listed for Federal employees. There are ten (10) Federal Holidays on the list. Good Friday is not a Federal Holiday.

5) It was stated at site visit that janitorial duties are performed between 3:30 P.M.- 11:00 P.M. however two custodians were onsite performing duties on walk through of buildings. Are there only certain areas that janitorial duties should be accomplished after normal working hours?

Answer – Reference the PWS Section 4 for the janitorial duty hours. While Barkley Lock, Barkley

Powerhouse and Kentucky Lock are generally performed during normal business hours, per the PWS Section 4, C-4.2 and C-4.2.2, the janitorial duty hours of 3:30 P.M. – 11:00 P.M. only apply to the Lake Barkley Shop and Operations Area.

6) Would the USACE consider changing the solicitation bid guidelines to reflect a Best Value Trade Off as opposed to a Sealed Bid thus insuring a competent contractor is awarded?

Answer – No. The Contracting Officer’s determination to conduct this procurement as an Invitation for Bids (IFB) with Definitive Responsibility Criteria (DRC) is consistent with Federal Acquisition Regulation

(FAR) 6.401.

7) Is there storage availability at each location and in the restrooms in the pipe case?

Answer – Yes, approximately 10-15 square feet of space in the washhouse/restroom pipe chases can be used for contractor supply storage provided it does not interfere with maintenance operations.

8) Is the Contractor required to have a specific number of personnel of staff for this contract?

Answer – With two (2) exceptions, the Superintendent (PWS Section 1, C-1.11) and the Quality Control Inspector(s) (PWS Section 1, C-1.14), there is no specific number of personnel or staff required for this contract. Instead, it is the contractor's responsibility to staff the appropriate number of personnel and/or subcontractors to perform the contract in accordance with the PWS.

9) Is there any involvement with the switchgear at any of the sites?

Answer – No.

10) Is the Contractor required to contract with local landfills or can a dumpsters be brought in? Is all disposal off-site?

Answer – Reference the PWS Section 3, C-3.2e and Exhibit C, which specify dumpsters should be placed and serviced by the contractor at the following locations: Left Bank, Right Bank, Barkley Lock, Canal Campground, Eureka Campground, Hurricane Cr. Campground and Bumpus Mills Campground. Use of these dumpsters is limited to USACE personnel or for garbage generated at that specified location.

With prior approval from the Contracting Officer’s Representative (COR), the contractor may place additional dumpsters at Right Bank, Hurricane Creek, Bumpus Mills and/or Dyers Creek for use by contractor personnel. These additional dumpsters shall be at no cost to the Government and be emptied regularly so as not to create unsanitary conditions. If the contractor chooses not to provide the additional dumpsters, all collected refuse/garbage must be disposed of at a landfill or convenience center.

11) Are Storage Lockers supplied at all locations?

Answer – Lockers are not provided at campgrounds/recreation areas. Approximately 10-15 square feet of storage space is provided for contractor in the washhouse/restroom pipe chases provided it does not interfere with maintenance operations.

12) When will the new Maintenance Facility building at Kentucky Lock be completed? Is this building going to replace the current building or will additional cleaning/janitorial requirements be added?

Answer – The new Maintenance Facility building for Kentucky Lock is scheduled to be completed in May

2019. The new building will be the same square footage and will replace the current building. During the brief transition period, the old building will not require janitorial services. Therefore, there will be no additional requirements.

13) Are there any areas that require Personnel Protective Equipment for Contractor employees during the completion of their work? Any construction zones to be aware of?

Answer – Contractor will abide by Section C-1.6 SAFETY AND SECURITY REQUIREMENTS of the PWS. Kentucky Lock will be a construction zone for the foreseeable future so all required PPE (safety equipment) must be worn by all contractors when outside any building on the Kentucky Lock Property.

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN extended description has changed from:

The Contractor shall furnish all necessary management, supervision, inspection, personnel, materials, tools, parts, fuel, equipment, vehicles, and transportation to perform Operation and Maintenance Services at Lake Barkley project in accordance with the performance work statement. BASE YEAR: Contract award to 31 December 2019See Spreadsheet for description of Services.

To:

The Contractor shall furnish all necessary management, supervision, inspection, personnel, materials, tools, parts, fuel, equipment, vehicles, and transportation to perform Operation and Maintenance Services at Lake Barkley project in accordance with the performance work statement. BASE YEAR: Contract award to 31 December 2019

CLIN 1001

The Contractor shall furnish all necessary management, supervision, inspection, personnel, materials, tools, parts, fuel, equipment, vehicles, and transportation to perform Operation and Maintenance Services at Lake Barkley project in accordance with the performance work statement. BASE YEAR: Contract award to 31 December 2019See

The Contractor shall furnish all necessary management, supervision, inspection, personnel, materials, tools, parts, fuel, equipment, vehicles, and transportation to perform Operation and Maintenance Services at Lake Barkley project in accordance with the performance work statement. OPTION YEAR 1: 1 January 2020 thru 31 December

CLIN 2001

The Contractor shall furnish all necessary management, supervision, inspection, personnel, materials, tools, parts, fuel, equipment, vehicles, and transportation to perform Operation and Maintenance Services at Lake Barkley project in accordance with the performance work statement. BASE YEAR: Contract award to 31 December 2019See

The Contractor shall furnish all necessary management, supervision, inspection, personnel, materials, tools, parts, fuel, equipment, vehicles, and transportation to perform Operation and Maintenance Services at Lake Barkley project in accordance with the performance work statement. OPTION YEAR 2: 1 January 2021 thru 31 December

CLIN 3001

The CLIN extended description has changed from:

The Contractor shall furnish all necessary management, supervision, inspection, personnel, materials, tools, parts, fuel, equipment, vehicles, and transportation to perform Operation and Maintenance Services at Lake Barkley project in accordance with the performance work statement. BASE YEAR: Contract award to 31 December 2019See

The Contractor shall furnish all necessary management, supervision, inspection, personnel, materials, tools, parts, fuel, equipment, vehicles, and transportation to perform Operation and Maintenance Services at Lake Barkley project in accordance with the performance work statement. OPTION YEAR 3: 1 January 2022 thru 31 December

CLIN 4001

The Contractor shall furnish all necessary management, supervision, inspection, personnel, materials, tools, parts, fuel, equipment, vehicles, and transportation to perform Operation and Maintenance Services at Lake Barkley project in accordance with the performance work statement. BASE YEAR: Contract award to 31 December 2019See

The Contractor shall furnish all necessary management, supervision, inspection, personnel, materials, tools, parts, fuel, equipment, vehicles, and transportation to perform Operation and Maintenance Services at Lake Barkley project in accordance with the performance work statement. OPTION YEAR 4: 1 January 2023 thru 31 December

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

PERFORMANCE WORK STATEMENT

AMENDMENT 0001 - Changes incorporated into the Performance Work Statement under this amendment are as follows:

SECTION 1: General

- C-1.1, second paragraph, second sentence changed "proposals" to "bids".

SECTION 9: Janitorial Services - Kentucky Lock

- C-9.2(b): RESTROOMS - Correction of total number of restrooms from 1 to 4; and square footage from 75 to 310 square feet.

- C-9.5: SAFETY AND SECURITY – Change fourth sentence to read; “All required PPE (Safety equipment) shall be worn by Contractor employees while performing work under this section due to ongoing construction and varying site conditions.”

Section 1 General

C-1.1 SCOPE OF WORK. The Contractor shall furnish all necessary management, supervision, inspection, personnel, materials, supplies, parts, tools, equipment, transportation, and vehicles, except as otherwise provided for herein, required to perform the operation and maintenance services within the area of responsibility (including drainage area) of the Barkley Water Resources Development Project, hereafter referred to as Lake Barkley. The Contractor shall comply with all Terms, Conditions, General, Specific and Performance Work Statements, Drawings, Attachments, Exhibits, etc., contained herein or incorporated by reference.

Quantities and/or the work to be performed is described herein and listed on separate sheets as Exhibits.

These quantities are approximate and are provided as information only to assist in the preparation of bids. The quantities shown are the not-to-exceed (NTE) quantities; actual quantities may be less than shown but shall not exceed them. They are not guaranteed. Variation in these quantities shall not be justification for modification of the contract. The services required in this contract are in addition to the routine operation and maintenance performed by Government personnel; however, the Government reserves the right to perform any or all of the services described herein with its own personnel or volunteers. Increased or decreased visitation shall not justify a price increase. The Contractor’s work and responsibility shall include, but shall not be limited to, all planning, programming, administration and management necessary to assure that all services are conducted in accordance with the contract and all applicable laws, regulations, codes, or directives. The Contractor shall ensure that all work meets or exceeds critical reliability rates or tolerances specified or included in referenced documents. The Contractor shall perform all related Contractor administrative services necessary to perform the work such as supply, procurement, quality control, work scheduling, Contractor financial control, and maintenance of accurate and complete records and files.

Minor repair, renovation, or lack of funds may cause the temporary or permanent closing of some portions or all of some public use areas. Such events will not be a basis for a claim under this contract. The Contractor’s work schedule shall be sufficiently flexible to meet these changing needs.

C-1.2 BACKGROUND. Lake Barkley is located on the Cumberland River in West Kentucky and North Central

Tennessee. The areas of work are located in Livingston, Lyon, and Trigg Counties, Kentucky, and Stewart County, Tennessee. Principle cities in the areas are Kuttawa, Eddyville, and Cadiz, Kentucky, and Dover, Tennessee.

C-1.3 WORKING HOURS.

a. NORMAL WORKING HOURS. Normal working hours and days, except as otherwise specified or approved in advance by the Contracting Officer Representative (COR), shall be Monday through Friday, between 7:00 a.m. and 5:30 p.m. local time.

The ten federal holidays observed are:

New Year’s Day (January 1st)

Martin Luther King's Birthday (3rd Monday in January) Washington's Birthday (3rd Monday in February) Memorial Day (Last Monday in May) Independence Day (July 4th) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day (4th Thursday in November) Christmas Day (December 25th)

Work shall be performed on the holidays during the heavy visitation period, April through October

(Memorial Day, Independence Day, and Labor Day). Also, additional personnel may be required to adequately take care of the additional work load during holidays or other periods of heavy public visitation. When one of the above designated holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday. Work that interferes with other ongoing functions at Lake Barkley shall be scheduled around normal working hours, as specified by the COR.

Work shall be scheduled around the above listed federal holidays except as specified herein or as approved by the COR. Refer to individual sections of this specification for specific schedules of work.

b. EMERGENCY WORKING HOURS. Emergency working hours shall be 24 hours per day, seven days per week. See C-5.2.

C-1.4 PERMITS AND LICENSES. The Contractor shall, at his/her own expense, obtain any licenses or permits required to perform the contract. The Contractor shall comply with all current Federal, state, and local laws and regulations and shall comply with any subsequent changes.

C-1.5 IDENTIFICATION OF CONTRACT EMPLOYEES AND VEHICLES. The Contractor shall furnish his regular employees (i.e. hourly employees other than office and clerical personnel), and major subcontractors and their employees performing services under this contract with uniforms (shirt-pants combination or T-shirt) with a company identification patch on the breast pocket or on the sleeve at the top of the arm.) Such identification shall be provided within 30 calendar days after notice of award of the contract. All of the Contractor’s vehicles and major subcontractor’s vehicles shall be identified with the company name prominently displayed (minimum two inch letters) on the outside of both front doors of each vehicle in such a manner as to provide a readily visible means of identification. Logos shall not be used in lieu of the above described vehicle identification.

C-1.6 SAFETY AND SECURITY REQUIREMENTS. Work shall be performed in a safe manner. If the Contractor fails or refuses to promptly comply with safety and security requirements as specified herein, the COR may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stoppage shall be made subject to claim for extension of time or for excess costs or damages to the Contractor. Also, the Contractor will not be paid for work not performed as a result of the stop order. The Contractor shall comply with all current provisions of the Occupational Safety and Health Act (OSHA) in addition to the standards of the Corps of Engineers Manual, EM 385-1-1, "Safety and Health Requirements Manual." A copy of EM 385-1-1 can be viewed at the following website: https://www.usace.army.mil/Safety-and- Occupational-Health/Safety-and-Health-Requirements-Manual/. The Contractor will be notified of any changes to EM 385-1-1 during the contract period and upon notification thereof the Contractor shall adhere to such changes.

The Contractor shall submit a written Safety Plan before the contract begins and an Activity Hazard Analysis (AHA) for each area of work prior to commencing work on any negotiated Task Order (see Exhibit D for examples).

The Contractor will be furnished a set of keys to those buildings and areas where access is necessary to perform the work described herein or as determined to be necessary by the COR. No duplicates of the keys are authorized to be obtained in any manner by the Contractor or any of the Contractor’s employees. Any additional keys required by the Contractor will be furnished by the COR. Security of the keys shall be the responsibility of the Contractor. The failure of the Contractor to provide adequate key security will result in a deduction from the payment due the Contractor in the amount of $50.00 per lost or damaged key and a deduction for the recombination of any affected locks at the rate charged by the manufacturer per lock plus installation costs based on a Civil Engineer Technician/Contract Rep. pay rate. The Contractor shall recover all keys issued to any employee upon departure. The Contractor shall keep a log of each key issued to employees. The key log shall be reviewed upon departure of any employee working on this contract and an updated account of this log shall be provided to the COR.

C-1.7 ACCIDENT REPORTING. All serious accidents (those resulting in death or injury requiring medical attention) shall be reported to the COR immediately. The Contractor shall maintain an accurate record of, and shall report to the COR in the manner and on the forms prescribed by the COR, all accidents within 24 hours of the occurrence. The Contractor shall submit a monthly Man-Hour Accident Report, ORN FL-31, to the COR by the 10th day of each month.

C-1.8 DAMAGE REPORTS. In all instances where Government property and/or equipment is damaged by

Contractor employees, a full report of the incident and extent of such damage shall be submitted to the COR within 2 business days (less weekends and holidays) of occurrence. Notification of such damage shall be made as soon as possible but no later than the next working day.

C-1.9 CONTRACT EMPLOYEES. All contract employees and subcontractors shall conduct themselves in a proper manner at all times. Continued improper behavior will be grounds for the removal of an employee from Government property by the COR. Since the majority of work will be performed in the presence of the general public, the conduct of all employees and/or subcontractors is critical and will be closely monitored. No contract employee or subcontractor shall be under the influence of any alcoholic or intoxicating beverages or substances, illegal drugs, or controlled substances not prescribed by a doctor while on duty.

The Contractor shall remove from the site any individual whose continued employment is deemed by the COR to be contrary to the public interest or inconsistent with the best interests of the U.S. Army Corps of Engineers.

The Contracting Officer or the COR will require the Contractor to immediately remove from the work site anyone who is incompetent or who endangers persons or property or whose physical or mental condition is such that it would impair the employee’s ability to satisfactorily perform the work. Notification to the Contractor will be made in writing if time and circumstances permit. Otherwise, notification will be verbal and will be confirmed in writing as soon as possible. No such removal, however, will reduce the Contractor's obligation to perform all work required under this contract and immediate replacement shall be made as required.

C-1.10 DAMAGE OR LOSS OF CONTRACTOR'S SUPPLIES AND PROPERTY. The Contractor is responsible for taking the action necessary to protect all Contractor property and the personal property of Contractor employees from loss, damage, or theft. The Government assumes no responsibility for theft, damage, etc., of the above.

All reports of theft, suspected theft, vandalism, or ANY crime of Government OR Contractor property, OR crime against/by Contractor personnel occurring on Corps property will be forwarded though the COR to the District Security Office. This information is critical for threat and risk Analysis and may assist in obtaining funds for additional measures.

C-1.11 SUPERINTENDENT. The Contractor shall act as or provide a Superintendent physically present on-site whenever any work specified herein is being performed. The Superintendent shall only conduct overall management coordination and be the central point of contact with the Government for performance of all work under this contract. The Superintendent’s first priority shall be the administration of the contract. The Superintendent and any individual designated to act for him/her shall have full authority to contractually commit the Contractor for prompt action on matters pertaining to administration of the entire contract. Such authorization shall be submitted in writing to the COR. The Superintendent shall deal directly with the COR or a designated representative for normal day-to-day administration of the contract provisions. The Superintendent or a designated representative shall be required to attend a pre-work conference and all regularly scheduled meetings. The Contractor or the Superintendent shall contact the COR or a designated representative daily or as otherwise approved by the COR to coordinate the work schedule in compliance with the terms of the contract and to arrange satisfactory working agreements. The Contractor shall furnish, in writing, to the COR the name or names of a Superintendent(s) for on-the-job contact and supervision purposes. Superintendent(s) shall be required to attend pre- work conferences prior to commencing work under this contract. The Contractor shall prepare a communications plan to address day-to-day and emergency communications with the superintendent. The Contractor shall, as a minimum, supply the Superintendent with a cell phone or other communication device as a means of emergency communications. In the event that the Superintendent is not available or cannot be reached, the Contractor shall provide an alternate point of contact that has the authority to administer the day to day operations of the contract for the Contractor. The Contractor shall, in writing, designate an alternate Superintendent whenever the Superintendent is going on vacation or other leave.

C-1.12 ENVIRONMENTAL PROGRAM. The Contractor shall comply with Federal, State, and Local laws, regulations, and standards regarding environmental protection. As initial reference, many Federal regulations are identified in the Environmental Assessment and Management guide and the Corps of Engineer’s Environmental Review Guide for Operations (ERGO) manual, The Environmental Assessment and Management (TEAM) Guide Manual and Occupational Safety and Health Act (OSHA) manual; however Tennessee and Kentucky State Regulations are also applicable to work performance in this contract. All environmental protection matters shall be coordinated with the COR. The Contractor shall identify all hazardous waste associated with conducting required work, and properly label, handle, and dispose of such waste in accordance with applicable regulations.

The Contractor shall address hazardous materials and hazardous waste on an Activity Hazard Analysis form prior to commencing work on any Task Order (see Exhibit D for examples). The Contractor shall furnish Safety Data Sheets (SDS) and an inventory list for all hazardous items stored or in use by the Contractor employees on Government facilities. The Contractor shall maintain a separate MSDS (Material Safety Data Sheets)/SDS inactive file of products used in the past but are no longer used to perform the work. Any of the facilities operated by the Contractor may be inspected by the COR or other Federal, State, or Local officials on a no-notice basis.

Access for inspection shall be granted upon request. The Contractor shall participate in all ERGO and OSHA inspections of Contractor-operated facilities and comply with the findings of these inspections. Citations against Government facilities operated by the Contractor for noncompliance with environmental standards are a matter for resolution between the Government and the issuing office. Payment of fines or penalty charges associated with citations issued by Federal, State, or Local officials will be paid by the Government. If the citations are issued due to faulty operation or maintenance practices, the COR will deduct the fine from any money due to the Contractor.

C-1.13 PERFORMANCE EVALUATION MEETINGS. The Contractor, the Superintendent, or both shall meet with the COR (or a designated representative) monthly or on a schedule determined by the COR. However, a meeting will be held not later than one normal workday after a Contract Deficiency Report (CDR) is issued.

Mutual effort shall be made to resolve any and all problems identified.

C-1.14 QUALITY CONTROL PROGRAM.

a. GENERAL. The Contractor shall be responsible for maintaining adequate quality control to satisfactorily meet the specifications of this contract through the development of a Quality Control Plan. A copy of the plan shall be provided at the pre-performance meeting and as any changes occur thereafter. The Government will assure quality performance according to a Quality Assurance Surveillance Plan. Combined, these two programs form the Government's Quality Assurance Program.

b. QUALITY CONTROL. The Contractor shall establish a complete quality control program to assure the requirements of the contract are provided as specified under all sections of the contract. The program shall include, but not be limited to, the following:

- An inspection system covering all the services stated in the contract specifications (this shall include inspection of services performed on weekends such as cleaning services and Section 1 non-routine work orders and any work performed by subcontractors). It must specify all areas to be inspected on both a scheduled or unscheduled basis and the individual(s) who shall do the inspection. Inspectors should be employees of the Contractor, not employees of a subcontractor.

- A method of identifying deficiencies in the quality of services performed before the level of performance is unacceptable.

- As part of the Quality Control Plan, the Contractor shall furnish the COR a schedule (in writing) of recurring work to be accomplished under each Technical Section of the contract. This schedule shall be updated each month, and shall provide approximate start times for each area to be cleaned and by whom. This shall also include weekly and monthly janitorial services.

- Inspections shall be performed during winter months even though the levels of work may not be as frequent as during summer months.

c. INSPECTIONS. The Contractor shall maintain a record of all Quality Control Inspection Reports conducted by the Contractor and shall furnish a copy to the COR or specified Corps employee by close of business each day. This daily record of inspection shall cover all work items scheduled to be performed, shall be signed by the Quality Control Inspector, and shall include the following items as a minimum:

(1) Inspector's name (6) Items inspected

(2) Park or area (7) Defects encountered

(3) Date (8) Corrective actions

(4) Weather (9) Safety violations

(5) Time in/out of park/area (10) List of damaged, inoperable, or vandalized facilities

d. INSPECTORS. The individual designated by the Contractor as the Quality Control inspector shall not be an employee who is working as cleaning/mowing/janitorial personnel within the area of inspection (i.e. the individual who cleans Canal Campground may not also be the inspector for any work performed within the Canal Campground). Any individual designated as a Quality Control inspector shall meet the minimum requirements stated under C-1.22 of this contract. The COR or other Government personnel may on occasion need to contact the Contractor’s inspector on matters pertaining to cleaning/mowing/safety in the recreation areas. The Contractor’s Inspector and or Superintendent shall assure that any and all discrepancies with the contract requirements are addressed and corrected.

C-1.15 QUALITY ASSURANCE. The Government will monitor the Contractor's performance in each functional area under this contract and reserves the rights to use whatever additional surveillance procedures are deemed appropriate.

If the Contractor fails to perform according to the performance standards, a Notification of Contract Deficiency or Contract Deficiency Report (CDR) will be issued by the COR. The Contractor shall explain, in writing, why performance was not satisfactory and how recurrence of the problem will be prevented in the future.

The Government will monitor the Contractor's services using the random sampling method, the planned sampling method, and/or the 100% inspection method, as described in Exhibit A, the Government's Quality Assurance Surveillance Plan (QASP). The Government reserves the right to alter or change the type of inspection plan at its discretion at any time, and to make deductions accordingly.

Should the Contractor fail to satisfactorily perform any routine service (i.e. litter pickup, trash removal, restroom cleaning, etc.) that is required on a daily basis or at a specific time, a deficiency notice will be issued.

Since the nature and the schedule of this type work does not afford an opportunity to re-perform the service, a deduction for work not performed will be made as described herein.

Defects and deficiencies in Contractor performance and performance of same will be in accordance with a payment analysis addressed in the Government's QASP. However, the Government reserves the right to use FAR Clause 52.232-1 Payments for this purpose in lieu of payment analysis. Deductions will be based on the Contractor’s bid schedule, the Government’s cost to do the work, or the Government’s cost to have another Contractor perform the work.

The Contractor’s performance will be evaluated monthly and at the end of the performance period set forth in the contract schedule and any option period exercised by the Government. However, interim evaluations may be prepared at any time during the contract performance when determined to be in the best interest of the Government.

The Contractor will be rated Exceptional, Very Good, Satisfactory, Marginal, or Unsatisfactory in the following general areas: (1) Quality of Product/Service, (2) Schedule, (3) Business relations, (4) Management of key personnel, (5) Regulatory Compliance, and (6) Other or as dictated by the current evaluation criteria. The Contractor will be advised of any Marginal or Unsatisfactory rating, either in an individual element or in the overall rating prior to completion of the evaluation, and all Contractor comments will be made a part of the official record.

C-1.16 INTERRUPTIONS TO SYSTEMS. All work that would necessitate an interruption of the use of the project or to the systems or otherwise disrupt building occupants and/or the visiting public shall be fully coordinated and approved in advance by the COR. Interruptions shall be kept to an absolute minimum, and all repairs or replacements of equipment or components shall be accomplished in an expeditious and efficient manner.

C-1.17 GOVERNMENT FURNISHED ITEMS (GFI).

a. GENERAL. A certain amount of Government owned facilities, materials, supplies and equipment are on hand and may be available (at the Government's option) for use by the Contractor. The Contractor shall be responsible for the proper storage, inventory, maintenance, and security of all Government furnished items. If both the Government and the Contractor have a simultaneous demand for a piece of equipment, tools, materials, or supplies, the Government will have priority. The Contractor has the option to reject any or all Government furnished property or items. However, if rejected, the Contractor shall provide all necessary property, equipment or items, adequate in quantity and suitable for the intended purpose, to perform all work and provide all services at no additional cost to the Government. All Government furnished property or items shall be used only in connection with performance under this contract consistent with all Federal, Department of Defense, and Environmental Act Policies, Standards, Codes, or Directives.

Should the Government require the Contractor to use Government Furnished Items, the Government will provide all fuels, lubricants, or other materials, supplies, and/or parts necessary to use such items. Should the Contractor request the use of GFI, the Contractor shall provide all fuels, lubricants or other materials, supplies, and/or parts necessary to operate such items at no cost to the Government as well as transportation to and from the site.

GFI will be delivered to the Contractor at or near the job site or made available from various storage areas on the project or from various suppliers in the vicinity of the project. The Contractor shall be responsible for the proper care, storage, safeguarding and transporting of all GFI. The Contractor will not be paid separately for the loading or transportation of incidental GFI (tools, paint, plywood, lumber, parts or other items readily transported by a pickup truck). Separate payment will be made and paid via non-routine Task Order for large site-specific GFI such as timbers, courtesy floats, etc. Any GFI that is lost or damaged through negligence of the Contractor shall be replaced or repaired by the Contractor to the satisfaction of the COR. Items which are procured for the proper and efficient operation, maintenance and repairs of the Lake Barkley Project will remain the property of the Government. All items shall be maintained, stored, and used in accordance with good maintenance and storage practices, procedures, and regulations, which are subject to review, inspection, and approval by the COR.

All equipment and GFI are furnished in an "as is" condition. The Contractor should inspect this property prior to use to ascertain safe condition and to assure safe operation of same by contract employees. The Contractor shall assume all liability for claims that may arise from its use or misuse while in the Contractor’s possession and shall hold the Government harmless from any claims by Contractor employees or others. If the Contractor requests the use of a piece of Government’s equipment to transport any of the Contractor’s furnished equipment, then the Contractor will not charge the Government for the transportation of that piece of equipment (i.e. The Contractor requests the use of the Government’s truck to pull a piece of Contractor equipment. Since the Government is responsible for paying rental on the truck, then the Contractor will not charge the Government for a driver.) In addition, the Contractor shall be responsible for the purchase or replacement of all fuel used. All GFI’s shall be signed out by the Contractor prior to removal from the Government facilities.

b. GOVERNMENT FURNISHED FACILITIES. A limited amount of space will be provided for the Contractor's use under this contract as listed below:

Facility Use Equipment building** Tool and equipment storage except areas occupied by Government (the garage area and

Open bays are for Government use)

Shop Yard (Fenced), except Parking and Equipment areas occupied by Government Storage

Warehouse Storage Yard (Fenced) General Storage except areas occupied by Government

** The Contractor may use a portion of the storage building located on the Northwest side of the shop compound.

However, the Government reserves the option to use this storage space for its own use first. If it becomes necessary for the Government to store equipment or materials in an area being used by the Contractor, then the Government will have the right to have the Contractor remove his/her equipment or materials.

The Contractor shall maintain such building and storage space to the same or higher standards as similar areas occupied by the Government and shall assume responsibility for the safekeeping of facilities provided. At the completion of the contract, all the Contractor’s equipment and supplies shall be removed from Government property and all GFI, facilities, and equipment shall be returned to the Government in the same condition as received, except for reasonable wear and tear. The Contractor will be held responsible for the cost of any repairs caused by negligence on the part of the Contractor or Contractor employees. Modifications or changes shall not be made to any GFI without prior written approval of the COR. Any modifications to the GFI shall be at the Contractor's expense. The facilities provided consist of buildings and associated yard space, and will include the existing hook-ups for electricity, water, and sewage. The Contractor shall be responsible for maintaining physical security for Government furnished facilities and property. Should the Contractor reject any or all Government furnished facilities, the Contractor shall provide all necessary facilities at no cost to the Government. All GFI shall be used only for the performance of work specified herein.

c. TELEPHONES. The Contractor shall be responsible for providing all necessary telephones or communication systems desired at Government furnished facilities at no cost to the Government. At least one telephone shall be installed at the Contractor’s office to provide communications with the COR.

d. UTILITIES. The Contractor may use Government utilities where available. The Contractor shall make a dedicated effort to conserve utilities and shall comply with all Government regulations regarding energy conservation. Government furnished utilities shall be used only in the performance of work specified in this contract. In cases where water or electricity are not provided the Contractor must obtain the utilities from other sources at no additional expense to the government. The Contractor shall be responsible for providing LP gas for the furnace in the tool and equipment storage shed if it is provided for the Contractors use.

e. EQUIPMENT AND TOOLS. Any Government-owned items that are provided for Contractor use will be on an "as is" basis. Items that are presently fixed in place shall not be moved by the Contractor without permission from the COR. Any Government-owned equipment used by the Contractor shall be signed out using the ENG 4900 form and shall be returned to the Government in the same condition that it was in before use by the Contractor (i.e., if fuel tank was full, it shall be full upon return).

f. FORMS. All Department of Defense/Government agency forms required by the Government to be used under this contract will be provided by the Government.

g. OPERATING MANUALS. Equipment or facility operating manuals and suppliers catalogs presently maintained by the Government will be made available to the Contractor on an as-needed basis.

h. CONTROL. The Contractor shall establish a control system to ensure that Government furnished property, facilities, or items are utilized only for contract purposes. Upon completion (including any extensions of contract term) or termination of the contract, for any reason, and except for fair wear and tear, the Contractor shall return all Government furnished items and any unused materials, supplies or parts in the same condition as received. Any discrepancies (except for fair wear and tear), damages, or deficiencies in the inventory shall be chargeable against the Contractor.

C-1.18 CONTRACTOR FURNISHED ITEMS.

a. GENERAL. Except as described elsewhere in this contract, the Contractor shall furnish all personnel, management, inspection, facilities, vehicles, transportation, equipment and operators, supplies, tools, materials and parts necessary to accomplish all required services. All Contractor furnished items shall meet all applicable Federal, Department of Defense, Department of the Army, and state and local laws or regulations. When a Task Order requires the use of equipment or vehicles specified in the bid sheets, such items shall include a qualified and competent operator. Unless otherwise specified, when the Contractor provides services under a Task Order, the Contractor shall provide all the necessary "tools of the trade" to accomplish the work. This includes the vehicles necessary to transport incidental GFI, any other materials, supplies and equipment, and/or Contractor personnel to and from the job site.

b. CONTRACTOR OFFICE. The Contractor shall establish and maintain an onsite office for the sole purpose of conducting the day-to-day administration of this contract. Should the Contractor elect to utilize an office trailer, an area within the shop yard will be provided. The type and size of trailer that may be used for an office will be subject to the approval of the COR.

c. QUALITY. All Contractor furnished supplies, parts, and materials used shall be new and of a quality equal to or better than the items to be replaced. The items used shall be standard products of manufacturers regularly engaged in the production of such items. All Contractor furnished items are subject to approval by the COR prior to being used.

d. HOURS OF LABOR. The Contractor shall submit to the COR copies of the July and August payroll records and information pertaining to the number of hours of labor required to accomplish each bid item.