W912P521B0001.pdf

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until 01:00 PM local time 02 Dec 2020

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Kristal.R.Jones@usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 102

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912P5 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 0 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and see Section L conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

KRISTAL R JONES 615-736-7916

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 4

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

5 - 49 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

50 - 51 52 - 53

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 54 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 55 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

56 - 78

PART II - CONTRACT CLAUSES

US ARMY CORPS OF ENGINEERS-CELRN-RC-N

DIRECTORATE OF CONTRACTING

110 9TH AVENUE SOUTH, RM A405

NASHVILLE TN 37203 615-736-7917

615-736-7124FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.

W38XDD01903199

5. DATE ISSUED

02 Nov 2020

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912P521B0001

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Old Hickory O & M Requirements Contract

FFP

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 and operations services at the Old Hickory Lake project recreation areas.

Base Year: 1 January 2021 through 31 December 2021 FOB: Destination

PURCHASE REQUEST NUMBER: W38XDD01903199

PSC CD: S201

NET AMT

1001 1 Job OPTION Old Hickory O & M Requirements Contract

FFP

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 and operations services at the Old Hickory Lake project recreational areas.

Option Year One: 1 January 2022 through 31 December 2022 FOB: Destination

2001 1 Job OPTION Old Hickory O & M Requirements Contract

FFP

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 and operations services at the Old Hickory Lake project recreational areas.

Option Year Two: 1 January 2023 through 31 December 2023

3001 1 Job OPTION Old Hickory O & M Requirements Contract

FFP

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 and operations services at the Old Hickory Lake project recreational areas.

Option Year Three: 1 January 2024 through 31 December 2024

4001 1 Job OPTION Old Hickory O & M Requirements Contract

FFP

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 and operations services at the Old Hickory Lake project recreational areas.

Option Year Four: 1 January 2025 through 31 December 2025

Section C - Descriptions and Specifications

PWS - SECTION C-1

DESCRIPTION/SPECIFICATIONS

SECTION C-1

General

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

Old Hickory Lake is located on the Cumberland River approximately 25 miles upstream from Nashville, Tennessee.

The areas of work are located in Sumner, Wilson, Trousdale, and Davidson counties of Tennessee. Principal cities in the areas are Hendersonville, Gallatin, Mt. Juliet, Old Hickory, Hermitage and Hartsville Tennessee. Old Hickory Lock and Dam is located on mile 216.2, and the Visitor’s Center, Resource Manager’s Office, Shop Office and Operations Area, and Contract Administrator’s Office are located in close proximity to Old Hickory Dam in Hendersonville, 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 and operations services at the Old Hickory 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) 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. They are not guaranteed and the actual quantities may be less than shown. Variation in these estimated quantities shall not be justification for modification of the contract or request for additional payment. 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 as well as timely submission of required files and reports to the Government.

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

Minor repair, renovation, lake fluctuations, or lack of funds may cause reduced frequency services ordered or 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 E). 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 bid 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 bid 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 or approved in advance by the Contracting Officer’s Representative (COR), shall be Monday through Friday, 7 am to 5 pm and for recreational area requirements shall include Saturday through Sunday between 7am to 5pm, 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 COR 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 workload 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 proposal 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 (Superintendent).

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. Payment and Performance Bonds – Other Than Construction – See Section L

i. Safety and Security Requirements – Section C-1.9

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 (including the Contract Representative - Superintendent), other than office and clerical personnel, standardized uniforms (shirt-pants) 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 Corps 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 and major subcontractors to perform work under this contract shall be identified with the company name prominently displayed (minimum two inch letters) 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 (including Contract Representative – Superintendent) 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 Corps of Engineers Manual, EM 385-1-1 (https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf ), and 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. No work shall begin under this contract prior to Accident Prevention Plan (APP) approval.

c. Activity Hazard Analysis.

1) 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 sample 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.

2) 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.

3) 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 appropriate footwear during all contract work. Face shields, spectacles with side-shields, or goggles, 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.

h. All contractor and subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I Awareness Training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable.

Upon request, the contractor shall submit certificates of completion for each applicable contract employee and subcontractor employee, to the COR or to the Contracting Officer (if a COR is not assigned), within 5 calendar days after completion of training by all contract personnel. AT Level I Awareness Training is available at the following http://jko.jten.mil/courses/atl1/launch.html . Each contract employee must take the training individually to receive a training certificate.

i. All contractor and associated sub-contractor employees shall comply with all applicable project and local security policies and procedures (provided by the district representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by the District Security Management Office. Contractor workforce must comply with all personal identity verification requirements (FAR Clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

j. Investigation Requirements: The investigation requirements could vary, depending on whether the contractor will be working within a controlled area (such as janitorial personnel cleaning offices, etc.,) or if the contractor will ONLY be working in areas open to the General public (such as cleaning campgrounds, etc).

Guidance and forms for the background investigation requirements are available on the Nashville District Public Website: (http://www.lrn.usace.army.mil/BusinessWithUs/ContractSecurityRequirements.aspx)

k. Working Within Controlled Area - Background investigations for U.S. Citizens who will work (a) within a control area, (b) on a government information system and/or (c) have access to government funds will be submitted in accordance with the appropriate level in Category B. More than likely this contract will include individuals that need access for more than 6 months. Work being done within a controlled area for more than six months, the investigations requirements fall under Category B3 for US Citizens and Category C for Foreign Nationals.

Controlled Area's also include individual offices or any area the general public is not allowed to navigate freely unsupervised.

Working Only in Areas Open to the General Public/Access Not Restricted - The background investigation requirements for those U.S. Citizens who will not work (a) within a control area, (b) on a government information system and/or (c) have access to government funds is provided in Category A.

Contract employees are not authorized to begin work on the contract until the investigation requirements as appropriate have been completed and notification has been made by the COR or the District Security Office.

Foreign National Contractors: Follow the guidance on the website specified in Category C – Foreign National Contractors

Convict Labor: For the work that is being performed in a restricted area, there are restrictions on use of persons either imprisoned or previously convicted of a felony. The Contractor shall not employ in the performance of this work any person undergoing a sentence of imprisonment imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands, or the US Federal Government. The Contractor shall not employ in the performance of this work any person who has been convicted of a felony imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, or the US Federal Government.

Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, See Something, Say Something) - applies.

Please use the revised wording below instead of the Proposed Language because it provides the web address to access the district-specific training on the LRN public website):

The contractor and all associated sub-contractors shall receive training on the local Suspicious Activity Reporting Program. This locally developed training will inform employees of the types of behavior to watch for and provide guidance on who to contact to report suspicious activity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training." The iWatch training for contractors is available on the Nashville District Public Website:

(http://www.lrn.usace.army.mil/BusinessWithUs/ContractSecurityRequirements.aspx).

Additional Optional Information Regarding Suspicious Activity Reporting is available at:

iWatch http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx; Eye On Kentucky program (report anonymously suspicious criminal or terrorist activity) http://homelandsecurity.ky.gov/Pages/Eye-on- Kentucky.aspx ; Tennessee Suspicious Activity Report http://www.tennessee.gov/safety/topic/report_susp_act; and Homeland Security “See Something Say Something” https://www.dhs.gov/see-something-say-something.

All new contractor employees will complete Level 1 OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC Awareness Training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the Contracting Officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC Awareness Training is available at the following website: http://cdsetrain.dtic.mil/opsec/index.htm.

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

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

Reports of Crime: Please ensure ALL reports of theft, suspected theft, vandalism, or ANY crime of Government OR Contractor property, OR crime against/by Contractor personnel is forwarded to the District Security Office. This information is critical for threat and risk assessments and may assist in obtaining funds for additional security measures.

Emergency Response Plan (ERP). The ERP includes: All possible emergencies, consequences, required actions, written procedures, and the resources available. Detailed lists of emergency response personnel including their cell phone numbers, alternate contact details, and their duties and responsibilities including reporting and accountability procedures.

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. The

Contractor shall submit a monthly Man-Hour Accident Report, ORN FL-31, to the COR by the 15th day of each month.

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. If any instruments at the damsite are damaged, i.e. piezometers and gauges, the contractor shall immediately notify a government representative.

C-1.12 CONTRACT EMPLOYEES' CONDUCT AND COMPETENCY. All contract employees and subcontractors 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. Being under the influence of or consuming alcoholic beverages or controlled substances by the Contractor or employees while on duty is prohibited.

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 Corps 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 (Superintendent) shall personally supervise the work and be generally on-site whenever the work specified herein is being performed, 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 Contractor shall submit in writing, to the COR, the name and cell phone number of the designated Contract Representative (Superintendent), and any individual designated to act for him/her, and state that the individuals have full authority to contractually commit the Contractor for prompt action on matters pertaining to administration of the entire contract.

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.

The Contract Representative (Superintendent) shall be required to attend pre work conferences prior to commencing work under this contract as well as regularly scheduled meetings for day to day operations during the contract term.

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.

C-1.15 ENVIRONMENTAL PROGRAM. The Contractor shall comply with Federal, State, and local laws, regulations and standards regarding environmental protection. As an initial reference, many Federal regulations are identified in the Corps of Engineers Environmental Review Guide for Operations (ERGO) Manual, Environmental Assessment and Management (TEAM) Guide Manual, and Occupational Safety and Health Act (OSHA) manual.

However, Tennessee State regulations are also applicable to work performed under this contract. 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. The Contractor shall participate in all ERGO and OSHA inspections of Contractor-operated facilities and shall comply with the findings of these inspections. 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 identify all hazardous waste associated with conducting required work items, 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 delivery order. The Contractor shall furnish the COR Material Safety Data Sheets (MSDS), and an inventory list for all items stored or in use by Contractor employees on Government facilities. The contractor shall maintain a separate MSDS inactive file of all the products that have been used in the past, but no longer are being used to perform the work.

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. Should 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 be responsible for maintaining adequate quality control to satisfactorily meet the specifications of this contract through the development of a Quality Control Plan (QCP). The Government will assure quality performance according to a Quality Assurance Surveillance Plan (QASP). 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, the inspection schedule (how and when the inspection(s) will be done) and the individual(s) who shall do the inspection. Inspectors shall be employees of the Contractor; inspectors cannot be employees of a subcontractor.

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 8am each morning. 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:

i.

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. Should 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). However, the Government reserves the right to use the Contract clause(s) for this purpose in lieu of payment analysis. Deductions will be based on either the Contractor’s bid schedule, the Government’s cost to perform the work, the Government’s cost to have another contractor perform the work, or as outlined in the Payments clause.

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 ITEMS (GFI) .

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.