W912P519B0016-0001 Post Questions & Answers.pdf

CONTRACTING BRANCH (EJC)

EUGENIA.J.CORDER@USACE.ARMY.MIL

110 NINTH AVE SOUTH, ROOM A405

NASHVILLE TN 37203-3817

W38XDD91487757

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: Cheatham Lake O&M Services

The purpose of this amendment is to:

1. Post Site Visit Questions and Answ ers;

2. Post Site Visit Sign-In Sheet;

3. Add Lock A Trail Map;

4. Update Performance Work Statement, Section C-3.6.c. and Section C-10.b. marked in red;

5. Post Revised Wage Determinations: TN20200142, TN20200132, 2015-4676 and 2015-4648.

6. Update FAR clause 52.252-3 and DFARS 252.236-7001.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 96

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

16C. DATE SIGNED

BY 14-Jan-2020

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912P519B0016

X 9B. DATED (SEE ITEM 11)

11-Dec-2019

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

14-Jan-2020

CODE

US ARMY CORPS OF ENGINEERS-CELRN-RC-N

DIRECTORATE OF CONTRACTING

110 9TH AVENUE SOUTH, RM A680

NASHVILLE TN 37203

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

4. REQUISITION/PURCHASE REQ. NO.

CODE W912P5

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

SUMMARY OF CHANGES

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

QUESTIONS AND ANSWERS

Amendment Questions for Cheatham O&M:

This solicitation is being amended to address the questions asked during the question period.

1. QUESTION: Is a contractor permitted to bid on some sections of the contract and not the other sections?

ANSWER: No. Failure to provide a unit price for each and every contract line item will result in rejection of the bid as non-responsive.

2. QUESTION: Will the contractor be reimbursed from the Government for the cost of Dumpsters that are needed?

ANSWER: Reference Section C-8, while there are currently no dumpster services required, in the future the Government may elect to eliminate garbage cans in the campgrounds and install dumpster for visitor use. In that case, the contractor will be responsible for initial purchase / rentals for any or all dumpsters that are required with a task order that is issued. Per Exhibit C- Dumpster Locations, potential quantity could be 7 dumpsters (Item #0016-0028, #1016–1028, #2016-2028, #3016–3028, #4016-4028). However, as stated in Section C-8.4. SCHEDULE OF WORK. Quantities are not guaranteed and will vary if ordered as called for by the monthly Task Order.

3. QUESTION: Will the Government offer any office space for the contractor to utilize?

ANSWER: Please see Section C-1.22.a paragraph 3. No office space will be available. Rather, the Government will make a site available for the contractor to install a trailer or similar type of temporary structure. The Contractor will be responsible for the cost of such trailer/temporary structure, including the costs of connecting and utilizing any utilities servicing such structure.

4. QUESTION: Lock A Trail: Where is the Lock A trail located?

ANSWER: Reference Amendment 0001, which includes a map (Lock A Trail.pdf), which depicts the location of the Lock A Trail.

5. QUESTION: Lock A Trail: How long is the Lock A trail?

ANSWER: Reference Exhibit C, Approximate Quantities by Area, Trails (miles), Cheatham Dam Lock A, which states the Lock A Trail is approximately 1 mile. See also Amendment 0001, which includes a map of the Lock A Trail.

6. QUESTION: Lock A Trail: What are the requirements for maintenance on the trail?

ANSWER: Reference PWS, Section C-3.2.g., Litter Removal From Public Use Areas and Access Roads (Item #0022, #1022, #2022, #3022, #4022), which requires the contractor to: “Pick up all trash, paper, bottles, glass, limbs, cans, pop tops, can tabs, cigarette butts, animal carcasses, fish, ashes, driftwood, and all other debris and remove from the area to an approved sanitary landfill.” Per PWS, Section C-3.2.g.(5), such requirements applies to Lock A, including 20 feet to either side of Lock A or fish access trails.

7. QUESTION: Dumpsters: When bidding, how many would be needed, 1 per site?

ANSWER: See answer to Question 2.

8. QUESTION: Wash Houses: How many wash houses are on the property?

ANSWER: Reference Exhibit C, which approximates one (1) washhouse at the Harpeth River Bridge Campground and one (1) washhouse at the Lock A Campground for an approximate total of two (2) washhouses.

9. QUESTION: Portable Toilets: How many are required? During the tour it appeared one per site where no wash houses were.

ANSWER: Reference Amendment 0001, which includes revisions to the PWS, Section C-3.6.c., to include the Left Bank Recreation Area. Pursuant to the revised Section C-3.6, three (3) portable toilets (one (1) each at Left Bank, Johnson Creek, and Bluff Creek Recreation Areas) are ordered 12 months a year while two (2) portable toilets (Sycamore and Brush Creek Recreation Areas) are ordered November – March.

10. QUESTION: Portable Toilets: Are there any additional requirements for portable toilets aside from the locations without wash houses and shut down time at Sycamore Creek and Johnson Creek

ANSWER: Reference Section C-3.6.c., “Units may be added at some recreation areas, additional units ordered for special events as described in section C-3.6(a), or deleted entirely at the discretion of the COR.”

11. QUESTION: Holding Tanks: How many are there?

ANSWER: Please see Exhibit C. At this time, we have zero (0) holding tanks in operation.

12. QUESTION: Holding Tanks: Is the contractor responsible for their pumping and if so, how often is the expected pump?

ANSWER: Please see Exhibit C. At this time, we have zero (0) holding tanks in operation.

13. QUESTION: Supervision: Section C1.14 does not specify a supervisor or superintendent be on site, only a representative with authority to act on the contractor’s behalf and be the contact to the COR and other personnel. Is a Superintendent required for the site or is this within the contractor’s prerogative?

ANSWER: Reference PWS, Section C-1.14. A superintendent is not required be on site, but is encouraged.

No additional questions will be accepted after this amendment.

SITE VISIT SIGN-IN SHEET

*The “CHE Site Visit Sign-In Sheet.pdf” is attached as a separate document, but is intended to be part of this contract.

LOCK A TRAIL MAP

*The “Lock A Trail.pdf” is attached as a separate document, but is intended to be part of this contract.

The following have been modified:

REV PERFORMANCE WORK STATEMENT

Changes were made to Section C-3.6.c. and Section C-10.b. which are marked in red.

PERFORMANCE WORK STATEMENT

DESCRIPTION/SPECIFICATIONS

SECTION C-1

General

C-1.1 PROJECT INFORMATION. The Nashville District U.S. Army USACE of Engineers (USACE) anticipates a requirement for a firm fixed-price requirements contract with a base and four (4) option years for operation and maintenance services at Cheatham Lake.

Cheatham Lake is located on the Cumberland River, 25 miles west of Nashville, Tennessee and 30 miles south of Clarksville, Tennessee. The areas of work are located in Cheatham, Davidson, Dickson, and Montgomery counties of Tennessee. Principal cities in the areas are Ashland City, Nashville, Clarksville, and Dickson, Tennessee.

C-1.2 SCOPE OF WORK. The Contractor shall furnish all necessary management, supervision, inspection, personnel, materials, supplies, parts, tools, tool related hardware, equipment, transportation, vehicles, and fuel except as otherwise provided herein, required to perform mowing, cleaning, janitorial, and other maintenance services at the Cheatham Lake project recreation areas, as specified and in strict accordance with all Terms, Conditions, General, Specific and Technical Provisions, Drawings, Attachments, Exhibits, Tables, etc., contained herein or incorporated by reference. Incorporation by reference shall include any and all mandatory provisions required by the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulations (DFARS) whether it is referenced or not referenced, current at time of award.

Estimated 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; they are not guaranteed and the actual quantities may be less than shown but shall not exceed them. 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. Increase 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.

It is emphasized that the work described in this contract is a critical part of the U.S. Army Corps of Engineers (USACE) mission. The work described will be performed in a public recreation area. The USACE is committed to "Customer Care" and providing quality professional service.

Minor repair, renovation, or lack of funds may cause the temporary or permanent closing of some portions or all of some public use areas. Visitation may increase or decrease; 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-1.3 TASK ORDERS. All work under this contract will be ordered by issuance of individual Task Orders (DD Form 1155, see EXHIBIT H). No work shall be performed under this contract before an individual Task Order has been issued by the Contracting Officer (KO). Only the KO, by issuance of a modification, may make any change to a Task Order. The Task Order will list those items from the price schedule that are to be performed or used to perform the work.

C-1.4 NEGOTIATION. Task Orders that are to be performed on an hourly basis (e.g., using items from C-5 of the price schedule) will be agreed upon by negotiation between the Contractor and the Contracting Officer’s Representative (COR). This process is outlined in Section C-5 of this document.

C-1.5 WORKING HOURS.

a. Normal Working Hours. Normal working hours and days, except as otherwise specified herein, shall be Monday through Friday, 7 am to 5 pm central time zone and for recreational area requirements shall include Saturday through Sunday between 7 am to 5 pm central time zone, or as specified on the Task Order. Work that interferes with other ongoing functions at the project shall be scheduled around normal working hours, as specified by the Contracting Officer Representative (COR). Refer to individual sections of this specification for specific schedules of work.

b. Holiday Work. The ten Federal holidays observed are:

New Year's Day (January 1st) Martin Luther King Day (3rd Monday in January) President's Day (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)

When one of the above holidays falls on Sunday, the following Monday will be observed as a legal holiday.

When a legal holiday falls on Saturday, the proceeding Friday is observed as a holiday. Work shall be scheduled around the above listed Federal holidays except as specified herein or as approved by the COR.

Routine services shall be performed on some holidays (Memorial Day, Independence Day, Labor Day, and Columbus Day) as scheduled in the specifications or as approved by the COR. Refer to the individual sections of this contract for specific Section of work.

c. Inclement Weather Work. The Contractor shall maintain the schedule of services regardless of inclement weather. Exceptions may be approved by the COR when severe conditions make it impractical or dangerous to perform the work. The KO will notify the Contractor, by modification to the Task Order, of any change that extends the performance period due to inclement weather.

d. Emergency and/or After Hours Work. Work may be required on holiday periods during heavy visitation, emergencies, or for other reasons as determined by the COR. Additional personnel may be required to handle the additional work load during holiday periods because of heavy visitation. The COR will notify the Contractor of actual work requirements. Emergency Repair work ordered under Section C-5 may be required 24 hours per day and/or seven days per week.

C-1.6 CONTRACTOR SUBMITTALS. Unless otherwise specified, the Contractor shall submit the following information to the COR prior to the pre-work conference for this contract:

a. Quality Control Plan. This plan is submitted as a part of the contractor’s bid and becomes a part of the awarded contract.

b. Contractor Quality Control Inspector. List of Quality Control Inspectors.

c. Contractor Representatives. List of names of Contractor Representatives.

d. Accident Prevention Plan (APP). A suggested outline for the Contractor’s Accident Prevention Plan is in

EXHIBIT D. See Section C-1.9 for APP requirements.

e. Emergency Contacts. A prioritized list, including phone numbers, of those persons (normally Contractor Representatives) to call in case of emergencies.

f. Operators. A list of names of qualified equipment/vehicle operators, including experience, training and qualification to operate specific equipment.

g. Certificate of Insurance – See Section H

h. Performance Bond (where applicable) – See Section H

i. Security Requirements – Section H

C-1.7 PERMITS AND LICENSES. The Contractor shall, at his own expense, obtain any licenses, permits, or certifications required to perform all aspects, requirements, and work under this contract. The Contractor shall comply with all current Federal, State, and local laws and regulations and shall comply with any subsequent changes.

The government shall pay for utility permit cost and fees charged by the utility company.

C-1.8 IDENTIFICATION OF CONTRACT EMPLOYEES AND VEHICLES. The Contractor shall furnish his employees, other than office and clerical personnel, standardized uniforms (shirt-pants/shirt-skirt) with a company patch or embroidered identification on the breast pocket or on the sleeve at the top of the arm, within 30 days after notice of award of the contract. Any employee hired 30 calendar days after award of the Contract shall be in the required uniform within 14 calendar days of the date of hire. Contractor uniforms shall not resemble U.S. Army USACE of Engineers uniforms. Contractor employees and subcontractors shall wear these uniforms at all times they are performing work under this contract. Exceptions may be granted by the COR for short term workers, or during disasters, emergencies, wildfire suppression, or special circumstances specified by the COR. Stained or faded uniforms shall not be worn.

All vehicles used by the Contractor to perform work under this contract shall be identified with the company name prominently displayed on the outside of both front doors of each vehicle in a professional manner to provide an attractive and readily visible means of identification. Logos shall not be used in lieu of the above described vehicle identification.

The Contractor may require his employees to report in their own vehicles to the project, but these personal vehicles must be parked at a site designated by the COR. All vehicles used in performance of work must be marked.

Vehicles used by the Contractor to perform administrative functions such as morning meetings or crew supervision must also be marked.

The contractor shall provide a list of employees, their address, telephone contact information, and nationality of all Employees who may perform work under this contract. The contractor shall notify the COR of any personnel changes and provide an updated list within two workdays.

C-1.9 SAFETY AND SECURITY REQUIREMENTS.

a. General. If the Contractor fails or refuses to promptly comply with safety and security requirements as specified herein, the COR or any other project employee may stop all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such work stoppage shall be made subject to any claims for extension of time or for excess costs or damages sustained by 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 the Occupational Safety and Health Act (OSHA), the USACE of Engineers Manual, EM 385-1-1, and (https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf) as otherwise stated herein. Special attention shall be given to the requirements for safety meetings. The Contractor shall inform the COR a minimum of 7 days prior to a Contractor monthly safety meeting, to permit a Government representative to attend.

b. Accident Prevention Plan (APP). The Contractor shall prepare an Accident Prevention Plan to assure that requirements of the safety program are provided as specified. This plan must be accepted by the Contracting Officer prior to commencement of any work. One copy of the Accident Prevention Plan shall be provided to the Contracting Officer and the COR one week prior to the pre-work conference. The Accident Prevention Plan must be in the outline and form prescribed in Appendix A of EM 385-1-1.

c. Activity Hazard Analysis.

a. The Contractor shall use Activity Hazard Analyses (AHA’s) as one of many tools to insure safe performance of work. It is the Contractor’s responsibility to prepare the AHA. An approved AHA must be prepared by the Contractor for each Task Order issued by the Government. Sample AHA’s may be available at the project office for review and use by the Contractor to assist in the development of site specific Activity Hazard Analyses prior to the Contractor performing the job. The Contractor is encouraged to revise or add to these samples AHA’s as necessary to address changing conditions. Prior to performing jobs with inherent hazards, the Contractor shall review, at a “Tool Box” safety meeting, the approved AHA’s with those employees who shall perform that work each time the work is ordered. The Government may request advanced notification of the time and date of the above AHA Tool Box safety meeting for Contractor employees so that the Government may attend such reviews.

b. The Government will require the Contractor to prepare an AHA for any jobs for which an adequate

AHA does not already exist. A copy of this AHA shall be submitted to the COR and must be accepted before the Contractor starts the job. This copy of the AHA will become the property of the Government. Guidance is included in EXHIBIT D, which shall be used by the Contractor as a guide for the preparation of required AHA's.

c. A copy of an approved AHA is required for each Task Order issued by the Government. A copy of the approved AHA’s shall be available at all times to workers at each associated job site and a copy shall be provided to the Government.

d. Public Safety. The Contractor shall ensure that reasonable precautions are taken to protect the public at all times where work is being performed. The Contractor shall immediately report to the COR any potential hazards found by his employees on the project. The Accident Prevention Plan shall include procedures to be taken to provide for public safety. Additionally, the Contractor shall not allow any persons, except employees, into work areas that are not otherwise open to the public; nor shall the Contractor transport in Contractor work vehicles any persons, except employees, during times the Contractor is on the project performing work under a Task Order.

e. Personal Protective Apparel and Equipment. Protective apparel and equipment, as identified in the AHA, shall be provided to eliminate or minimize hazards to personnel. As a minimum, each employee shall wear a short-sleeved shirt (as detailed in C-1.8), long trousers, and protective footwear during all contract work.

Face shields, spectacles with side-shields, or goggles, head protection, high visibility apparel and hearing protection shall be worn by employees when required by safety manual. Contractor personnel involved in handling or application of pesticides or herbicides shall use all protective apparel per manufacturer's recommendations. Fire extinguisher(s) and first aid kit(s) meeting the Safety Manual standards shall also be provided and easily accessible to all employees.

f. Contractor Employees Certified in First Aid & CPR. The Contractor shall schedule employees so the appropriate numbers of certified personnel are on duty to administer First Aid and CPR as required by the Safety Manual. Copies of their certification shall be provided to the COR. Two people per crew shall be trained in First Aid and CPR. Individuals working alone shall be trained in First Aid.

g. Hazard Communication Program. The Contractor shall be responsible for implementing a hazard communication program for Contractor employees, as required by the Safety Manual. The Contractor shall provide Material Safety Data Sheets (MSDS) and/or Safety Data Sheets (SDS) for review by the COR prior to use of any hazardous substance on the project and provide a plan for the proper handling, transportation, storage and usage of hazardous substances on the project.

C-1.10 ACCIDENT REPORTING. The Contractor is responsible for reporting all accidents to the COR immediately. Prompt action shall be taken to ensure immediate and appropriate medical treatment. The Contractor shall maintain an accurate record of any accidents in the manner and on the forms prescribed by the COR. For property damage accidents of $2,000 or more, the Contractor shall complete and submit to the COR a copy of ENG Form 3394. The Contractor shall maintain an OSHA 300 Log of On -The-Job injuries and first aid treatments.

C-1.11 DAMAGE REPORTS. All instances where Government materials, supplies, property, and/or equipment are damaged shall be reported immediately to the COR. When the damage was caused by contract employees, a written report of the incident and extent of such damage shall be submitted to the COR, within 2 work days (less weekends and holidays) of occurrence. For property damage accidents of $2,000 or more the Contractor will complete and submit to the COR a copy of ENG 3394. If the Contractor's failure to use reasonable care causes damage to or loss of any of this property, the Contractor shall replace or repair the damage, at no cost to the Government, as the COR directs. If the Contractor fails or refuses to make such repairs or replacement, the Contractor shall be liable for the cost, which will be deducted from the contract price.

C-1.12 CONTRACT EMPLOYEES' CONDUCT AND COMPETENCY. All contract employees shall conduct themselves in a proper and courteous manner at all times. Since the majority of work is performed in the presence of the general public, the conduct of all employees is critical and will be closely monitored. Contract employees shall comply with all provisions of Title 36, Chapter III, Part 327, CFR and obey all posted signs and regulations in the performance of the work under this contract. Contractors shall not carry or possess firearms in the parks while on or off duty. Objects that would be considered weapons shall not be displayed as such at any time during the term of this contract. The Contractor or contract employees shall not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of alcohol, or be under the influence of an illegal substance. The Contractor and contract employees shall follow legal prescription and over-the-counter drug manufacturer recommendations and limitations when operating mobile equipment or engaging in other on-the-job practices. Contractors or their employees shall not smoke inside government buildings, or within 50’ surrounding government buildings. The use of e-cigarettes is also included in this restriction.

The Contractor expressly agrees to dismiss any employee or subcontractor employee whose continued employment is deemed by the COR to be inconsistent with the best interests of the public or the U.S. Army USACE of Engineers.

The KO or the COR may require the Contractor to immediately remove from the work site any employee or subcontractor who is incompetent, endangers persons or property, or whose physical or mental condition would impair their ability to satisfactorily perform the work. Notification to the Contractor will be promptly made in writing if time and circumstances permit. Otherwise, notification will be verbal and confirmed in writing as soon as possible.

All criminal activity or conduct unbecoming resulting in the dismissal of an employee by the contractor shall be reported to the COR. No removal shall reduce the Contractor's obligation to perform all work required under this contract nor be the basis for time extension. Immediate replacement of the employee shall be made.

C-1.13 DAMAGE OR LOSS OF CONTRACTOR'S SUPPLIES AND PROPERTY. The Contractor is responsible for taking the action necessary to protect Contractor supplies, materials and equipment, 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 incidents of theft (or suspected theft) of contractor materials, supplies, or equipment from project lands shall be reported to the COR.

C-1.14 SUPERVISION. The Contractor or a Contractor Representative shall personally supervise the work, or be readily available by phone or other means of communication to respond to any contract issue that may arise when work is in progress. The Contractor Representative(s) shall conduct overall management coordination and be the central point of contact with the Government for performance of all work under the contract.

Each Contractor Representative shall have full authority to contractually commit the Contractor for prompt action on all matters pertaining to administration of this contract, and shall be the on-site Contractor employee who is responsible for safety.

In addition to Contractor Representative(s), the Contractor shall also appoint Quality Control Inspectors (QCI) who shall perform the Contractor's Quality Control Program. QCI’s shall be responsible for implementing the Contractor’s Accident Prevention Plan. All QCI'S shall have the authority to determine for the Contractor when work is ready for Government inspection and to make decisions for the Contractor on re-performance when necessary. A QCI shall be appointed for each work crew. For work performed outside normal working hours, a Contractor Representative or QCI shall be present at the work site.

The COR and Government Inspectors will deal directly with the QCI’s or Contractor Representatives, for normal day-to-day administration of the contract provisions.

The names and telephone numbers of all individuals authorized to act on behalf of the Contractor as Contractor Representatives shall be submitted in writing to the COR before work is performed.

The Contractor shall maintain copies of contract work requirements, specifications, Activity Hazard Analysis, etc., at each work site which relate to each person's work responsibilities, and shall review them to insure employees comprehension of a job prior to initiating work.

C-1.15 ENVIRONMENTAL PROGRAM. The Contractor shall comply with Federal, State, and local laws, regulations and standards regarding environmental protection. All environmental protection matters shall be coordinated with the COR. Any of the facilities operated by the Contractor may be inspected by the COR, or other Federal, State and local officials without advance notice. Access for inspection shall be granted upon request.

Citations against Government facilities operated by the Contractor for non-compliance 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 of the Contractor, the Contracting Officer or COR will deduct the fine from any monies due the Contractor.

The Contractor shall conduct all operations and maintenance activities in a manner to prevent contamination of Government land and property. The Contractor shall ensure all lubricants, petroleum products, paints, cleaning materials, or any other hazardous substances are not spilled, leaked or disposed of on Government property and are disposed of in accordance with environmental regulations. If spills or contamination occur, the Contractor shall be responsible for cleanup and any associated costs in accordance with Federal, State and Local Law. Such spills shall be reported to the COR immediately.

C-1.16 CONTRACT DISCREPANCY REPORT (CDR). A CDR is a formal document used by the Government to process defects in services. As initially issued to the Contractor, the CDR describes the discrepancy or problem.

The CDR will be discussed with the Contractor or his representative when it is issued. The Contractor shall provide his written response on the CDR form within 24 hours of issuance. The Contractor's response must:

a. Identify the cause and corrective action taken, and

b. Identify Contractor action to prevent recurrence.

The Contracting Officer or COR will evaluate the Contractor's response and take appropriate action, which may include making necessary deductions. Upon finalization of the CDR, the Contractor and the COR must sign the form.

The Contractor will be given a copy of the completed form. Shall the Contractor not concur with any decision, etc., the Contractor may so state, in writing, and request a final decision by the Contracting Officer. The Contracting Officer monitors all CDR's issued, and CDR's are the principle evidence used by the Contracting Officer in determining Government contract actions such as termination or decision not to exercise options.

C-1.17 MEETINGS.

a. General. The Contractor or his authorized representative shall report each workday (Monday-Friday, with the schedule and location determined by the COR) to discuss contract work items. Specific topics of discussion at the morning meetings may include issuing task orders, requests for estimates, negotiation, inspections, quality control, and upcoming work. If a CDR is issued, mutual effort will be made to resolve any and all problems identified to preclude their recurrence. The COR may alter this reporting schedule, or change the reporting method, time, or place if mutually agreeable between the COR and the Contractor.

b. 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-1.18 QUALITY CONTROL. The Contractor shall have a Quality Control program to assure the requirements of the contract are provided as specified. The primary purpose of Quality Control is to identify and correct deficiencies in the quality of services performed before the level of performance is unacceptable.

The program shall include, but not be limited to the following:

a. 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 5 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.

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

c. A file of all inspections conducted by the Contractor and the corrective actions taken. These files shall be made available for inspection upon request by the COR.

d. A method of insuring that employees have full knowledge of work assignments and that appropriate technical expertise is utilized with each work assignment.

e. A method of coordinating each work crew’s activities with the COR and/or inspector.

f. A schedule (in writing) of recurring work to be accomplished under each Section of the contract. This schedule shall be updated each month. Inspections shall be performed during winter month even though the levels of work may not be as frequent as during summer months.

g. An individual designated by the Contractor as the Quality Control inspector shall not have other work duty within the area of inspection. 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.

h. The Contractor shall maintain a record of all Quality Control Inspection Reports conducted by the

Contractor inspectors and shall furnish a copy daily to the COR 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

2) Park or area

3) Date

4) Weather

5) Time in/out of park area

6) Items inspected

7) Defects encountered

8) Corrective actions taken

9) Safety violations

10) List of damaged, inoperable, or vandalized facilities

A signed plan, including Contractor specific information, shall be provided to the Contracting Officer and the COR, and accepted, prior to the Pre-Work Conference. If changes to this program occur, updated copies shall be provided to the Contracting Officer and COR.

Failure to provide appropriate Quality Control may result in issuance of a CDR, and/or termination of the contract.

C-1.19 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. The Government will monitor the contract to insure compliance using a Quality Assurance Surveillance Plan (QASP), but reserves the right to alter the plan at its own discretion. The QASP is included as EXHIBIT A for information purposes only and will not be made part of any resulting contract. As appropriate, calculation of deductions for certain deficiencies will be made using the contract clause entitled "Inspection of Services" located in Section E, in lieu of the payment analysis method described in the QASP.

The Government will keep a record of all complaints received by the public concerning Contractor performance.

Upon receipt of a written complaint by the public, the Government will attempt to verify the complaint and furnish the Contractor a copy of the findings. Shall the Government verification reveal a nonperformance by the Contractor, a CDR may be issued.

A Government employee shall not be considered an Inspector unless he identifies himself as such to the Contractor, the Contractor Representative, or Quality Control Inspector. No Inspector is authorized to change any provision of the specifications without written authorization of the Contracting Officer nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the Contract.

Defects and deficiencies in Contractor performance, and performance of same, will be in accordance with a payment analysis addressed in the Government's Surveillance Plan (QASP).

The Contractors 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.

C-1.20 DEFICIENCIES. If the Contractor fails to perform, or if performance in any area is judged unsatisfactory by the COR, the Government will take corrective action. If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no cost to the Government. When the defect in services cannot be corrected by re-performance, or cannot be corrected in the specified time frame, the Contractor is required to respond to a CDR (See Section C-1.16), and deductions will be determined in accordance with Contract Clause entitled "Inspection of Services" located in Section E and in accordance with the Government's Quality Assurance Surveillance Plan.

C-1.21 INTERRUPTIONS TO SYSTEMS. All work that would necessitate an interruption of the use of the project or its support 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-1.22 GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT.

a. Government Furnished Facilities. Suitable space will be provided for the Contractor's use for work performed under this contract, as listed below. The Contractor shall maintain such space or grounds to the same, or higher standards, as similar areas occupied by the Government, and shall assume responsibility for the safekeeping of facilities provided. The Contractor shall not use those grounds or facilities as a place of habitation. At the completion of the contract, all facilities and equipment shall be returned to the Government in the same condition as received, except for reasonable wear and tear. The Contractor shall 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 facilities without prior written approval of the COR. Any modifications to the facilities shall be at the Contractor's expense. The facilities provided consist of space within reasonably secure fenced areas. The Contractor shall be responsible for maintaining physical security for Government furnished facilities and property. Shall the Contractor reject any or all Government furnished facilities, the Contractor shall provide all necessary facilities at no cost to the Government. All Government furnished facilities shall be used only for the performance of work specified herein.

Restroom facilities for contract employees are the responsibility of the Contractor. The Contractor may elect to use public restroom facilities, unless closed.

Limited government owned facilities will be provided for the Contractor's use under this contract. The facilities provided shall be inspected during the pre-bid conference and limitations noted. The Contractor shall contain vehicles, equipment, and supplies within the allotted areas. The COR shall approve/deny requests for additional space. Current provisions are listed below:

1) Area for tools and equipment storage.

2) Designated parking, not used by the Government, for vehicles and equipment.

3) Office site with utilities for administration office is available.

b. Utilities. The Government will furnish available utilities to perform the specified work. At remote locations the Contractor shall supply his own utilities such as water. 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.

Where water or electricity is not provided, the Contractor must obtain from other sources at no additional expense to the Government. The Contractor shall be responsible for providing all necessary telephones, communication systems, and services for Contractor functions under this contract at no cost to the Government. At least one telephone shall be installed at the Contractor’s office to provide communications with the COR.

c. Forms. All Department of Defense forms, required by the Government to be used under this contract, will be provided by the Government during the contract period. The Government reserves the right to modify or supersede these forms during the contract period.

d. Keys. The Contractor will be furnished keys to those buildings and areas where access is necessary to perform the work described herein, as determined to be necessary by the COR or their authorized representative. The contractor or any contract/subcontractor employees shall not duplicate government keys. Additional keys required by the Contractor will be furnished by the COR or their authorized representative.

The contractor shall be required to participate in semi-annual “show-me” inventories of all keys issued to the contractor. These inventories will be conducted on a semi-annual schedule set by, and in the presence of the COR or their authorized representative.

The Contractor will be held responsible for losses due to his negligence and for the replacement of compromised locks (which can occur due to loss or duplication of keys). Failure by the Contractor to provide adequate key security or key damage/loss 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.

e. Safety Manual. Prospective contractors may review a copy of the Safety and Health Requirements Manual EM 385-1-1 at the Project Office. The Contractor shall be provided one copy of Safety Manual EM 385-1-1, during the pre-work conference.

C-1.23 CONTRACTOR FURNISHED ITEMS.

a. General. Except as described elsewhere in this contract, the Contractor shall furnish all personnel, facilities, vehicles, small tools, equipment and operators, supplies, or materials necessary to accomplish all required services. All Contractor furnished tools, equipment, supplies, materials, or vehicles shall meet all applicable Federal, Department of Defense, Department of the Army, State and local laws or regulations. A partial list of equipment which shall be needed by the Contractor is included in each section.

Any personal property located on the project must receive prior approval by the COR. Company property owned but not used at the Cheatham Lake Project shall not be stored on the project.

b. Equipment. The Government requires that the Contractor provide adequate equipment to perform the work required within the specified time period for each job. Adequacy of the equipment (e.g., mowing equipment and vehicles) to perform certain repetitive work will be determined prior to award of the contract. Also, all equipment used by the Contractor must meet safety requirements outlined in EM 385-1-1.

Unless otherwise specified, when the Contractor provides services under a Task Order, the Contractor shall provide all necessary "tools of the trade" to accomplish the work. This includes the vehicles necessary to transport incidental GFI, materials, supplies, equipment, craft hand tools, common industry power tools, and/or Contractor personnel to and from the job site.

c. Service Vehicle. It is the Contractor's responsibility to provide service or work vehicles as necessary, capable of transporting employees, equipment, tools, materials, and supplies that could reasonably be transported in a standard size 1/2 ton truck with a 4' x 8' bed to and from job sites on the project. Contractor service vehicles used along project and public roads must be equipped with an orange rooftop revolving light, a rear mounted warning sign, and reflective tape on the rear bumper.

d. Contractor Equipment and Supply Inspection. The apparent Contractor shall make available for inspection all service equipment, tools, and samples of supplies he proposes to use for work under this contract, along with proof of ownership or lease agreement. Such articles shall be made available for inspection within seven (7) working days after notice from the COR. Only equipment and supplies inspected and approved shall be used for work under this contract. All subsequently procured equipment to be used for work under this contract must be inspected and approved by the Government prior to use.

e. The Contractor shall establish and maintain an office in the building provided for this purpose on the Lake

Project for the sole purpose of conducting the day-to-day administration of this contract. This office shall have telephones and service provided by the contractor.

C-1.24 SAFEGUARDING GOVERNMENT PROPERTY. The Contractor shall cooperate with Government personnel in safeguarding Government property. The Contractor shall be responsible for promptly reporting all acts of vandalism, larceny, or pilferage to Government property, and malfunctioning Government equipment to the COR.

The Contractor shall establish security procedures and safeguards that are compatible with the Government's existing procedures, to protect all equipment, materials, supplies, tools, and other resources. All security procedures will be in accordance with AR 190-51, Security of Unclassified Army Property (Sensitive and Nonsensitive). The Contractor shall cooperate with, and provide any assistance necessary to, the Government during any audits, usage checks of expendable property, and inventories of nonexpendable property under control of the Contractor. Any item of value found on the work sites shall be placed into the custody of the COR for return to the owner, if ownership can be established. The Contractor shall inform the COR of any information he or his employees receive about lost and/or found articles from the public.

The Contractor shall provide control to ensure Government furnished equipment, property, 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 equipment, keys and any unused material or supplies in the same condition as…