DRAFT Performance Work Statement 2026-2030.pdf

PERFORMANCE WORK STATEMENT

SECTION C-1

General

C-1.1 PROJECT INFORMATION

The following describes the Nashville District U.S. Army Corps of Engineers (USACE) firm fixed-price requirements contract with a base and four (4) opƟon years for operaƟon and maintenance services at Cordell Hull Resource.

Cordell Hull Lake is located on the Cumberland River in middle Tennessee about 60 miles east of Nashville. The areas of work are located within Smith, Jackson, and Clay counƟes in Tennessee. Principal ciƟes in the area are Carthage and Gainesboro, Tennessee. The dam is located at river mile 313.5, about five miles upstream of the city of Carthage, Tenn. At normal summer pool (elevaƟon 504.00) the 67.3-mile-long lake with its 381 miles of shoreline contains 11,960 surface acres of water. Total storage capacity at maximum pool (ElevaƟon 508.00) is 13,920 acres. Cordell Hull Lake has a total of 28,791 acres of land and water.

C-1.2 SCOPE OF WORK

The Contractor shall furnish all necessary management, supervision, inspecƟon, personnel, materials, supplies, parts, tools, tool related hardware, equipment, transportaƟon, vehicles, and fuel except as otherwise provided herein, required to perform mowing, cleaning, janitorial, and other maintenance services at the Cordell Hull Lake project recreaƟon areas, as specified and in strict accordance with all Terms, CondiƟons, General, Specific and Technical Provisions, Drawings, AƩachments, Exhibits, Tables, etc., contained herein or incorporated by reference. IncorporaƟon by reference shall include all mandatory provisions required by the Federal AcquisiƟon RegulaƟon (FAR) whether it is referenced or not referenced, current at Ɵme of award.

EsƟmated quanƟƟes and/or the work to be performed is described herein and listed on separate sheets as Exhibits. These quanƟƟes are approximate and are provided as informaƟon only to assist in the preparaƟon of proposals. VariaƟon in these esƟmated quanƟƟes shall not be jusƟficaƟon for modificaƟon of the contract or request for addiƟonal payment. The services required in this contract are in addiƟon to the rouƟne operaƟon and maintenance performed by Government personnel, however, the Government reserves the right to perform any or all the services described herein with its own personnel or volunteers. Increased or decreased visitaƟon shall not jusƟfy a price increase.

The Contractor’s work and responsibility shall include, but shall not be limited to, all planning, programming, administraƟon, and management necessary to assure that all services are conducted in accordance with the contract and all applicable laws, regulaƟons, codes, or direcƟves. The Contractor shall ensure that all work meets or exceeds criƟcal reliability rates or tolerances specified or included in referenced documents. The Contractor shall perform all related contractor administraƟve 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.

DRAFT

It is emphasized that the work described in this contract is a criƟcal part of the Corps mission. The work described will be performed in public recreaƟon areas. The Corps is commiƩed to "Customer Care" and providing quality professional service.

Minor repair, renovaƟon, or lack of funds may cause the temporary or permanent closing of some public use areas. VisitaƟon 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 ContracƟng Officer (KO). Only the KO, by issuance of a modificaƟon, 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, Facility Repair, Maintenance and Other Non-RouƟne Work, of the bid schedule) will be agreed upon by negoƟaƟon between the Contractor and the ContracƟng Officer’s RepresentaƟve (COR). This process is outlined in SecƟon 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 and for recreaƟonal area requirements shall include Saturday through Sunday between 7am to 5pm, or as specified on the Task Order. Work that interferes with other ongoing funcƟons at the project shall be scheduled around normal working hours, as specified by the ContracƟng Officer RepresentaƟve (COR). Refer to individual secƟons of this specificaƟon for specific schedules of work.

b. Holiday Work

The Eleven Federal holidays observed are:

New Year's Day (January 1st) MarƟn Luther King Day (3rd Monday in January) President's Day (3rd Monday in February) Memorial Day (Last Monday in May) Juneteenth (June 19th) 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.

RouƟne services shall be performed on some holidays (Memorial Day, Independence Day, Juneteenth, and Labor Day) as scheduled in the specificaƟons or as approved by the COR. Refer to the individual secƟons of this contract for specific SecƟon of work.

c. Inclement Weather Work

The Contractor shall maintain the schedule of services regardless of inclement weather. ExcepƟons may be approved by the COR when severe condiƟons make it impracƟcal or dangerous to perform the work. The KO will noƟfy the Contractor, by modificaƟon to the Task Order, of any change that extends the performance period due to inclement weather.

d. Emergency and/or AŌer-Hours Work

Work may be required on holiday periods during heavy visitaƟon, emergencies, or for other reasons as determined by the COR. AddiƟonal personnel may be required to handle the addiƟonal workload during holiday periods because of heavy visitaƟon. The COR will noƟfy the Contractor of actual work requirements. Emergency Repair work ordered under SecƟon 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 informaƟon to the COR prior to the pre-work conference for this contract:

a. Quality Control Plan

- This plan must be approved by the COR prior to start of work and becomes a part of the awarded contract.

b. Contractor Quality Control Inspector

- List of Quality Control Inspectors

c. Contractor RepresentaƟves

- List of names of Contractor RepresentaƟves (Ex. Superintendent)

d. Accident PrevenƟon Plan (APP)

- A suggested outline for the Contractor’s Accident PrevenƟon Plan is in Exhibit C. See SecƟon C-

1.9 for APP requirements.

e. Emergency Contacts

- A prioriƟzed list, including phone numbers, of those persons (normally Contractor RepresentaƟves) to call in case of emergencies.

f. Operators

- A list of names of qualified equipment/vehicle operators, including experience, training, and qualificaƟon to operate specific equipment.

g. CerƟficate of Insurance – See SecƟon H

h. Performance Bond (where applicable) – See SecƟon I

i. Security Requirements – SecƟon H

C-1.7 PERMITS AND LICENSES

The Contractor shall, at its own expense, obtain any licenses, permits, or cerƟficaƟons required to perform all aspects, requirements, and work under this contract. The Contractor shall comply with all current Federal, State, and local laws and regulaƟons and shall comply with any subsequent changes.

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

C-1.8 IDENTIFICATION OF CONTRACT EMPLOYEES AND VEHICLES

The Contractor shall furnish its employees, other than office and clerical personnel, standardized uniforms (shirt) with a company patch or embroidered idenƟficaƟon on the breast pocket or on the sleeve at the top of the arm, within 30 days aŌer noƟce of award of the contract. Any employee hired 30 calendar days aŌer 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 always wear these uniforms when they are performing work under this contract. ExcepƟons 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 idenƟfied with the company name prominently displayed on the outside of both front doors of each vehicle in a professional manner to provide an aƩracƟve and readily visible means of idenƟficaƟon. Logos shall not be used in lieu of the above-described vehicle idenƟficaƟon.

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.

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

C-1.9 SAFETY AND SECURITY REQUIREMENTS

a. General - Safety

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 unƟl saƟsfactory correcƟve acƟon has been taken. No part of the Ɵme lost due to any such work stoppage shall be made subject to any claims for extension of Ɵme or for excess costs or damages sustained by the Contractor. Also, the Contractor will not be paid for work not performed because of the stop order.

The Contractor shall comply with the OccupaƟonal Safety and Health Act (OSHA), the Corps of Engineers Manual, EM385-1-1:

hƩp://www.usace.army.mil/SafetyandOccupaƟonalHealth/EM38511,2008BeingRevised.aspx,and as otherwise stated herein. hƩps://www.publicaƟons.usace.army.mil/Portals/76/EM%20385-1- 1%20_EFFECTIVE%2015%20March%202024.pdfThere is also an app that can be downloaded to your smart phone for the EM 385-1-1.

Special aƩenƟon shall be given to the requirements for safety meeƟngs. The Contractor shall inform the COR a minimum of 7 days prior to a Contractor monthly safety meeƟng, to permit a Government representaƟve to aƩend.

b. Accident PrevenƟon Plan (APP)

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

c. AcƟvity Hazard Analysis

1) The Contractor shall use AcƟvity Hazard Analyses (AHA’s) as one of many tools to ensure 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 AcƟvity 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 condiƟons. Prior to performing jobs with inherent hazards, the Contractor shall review, at a “Toolbox” safety meeƟng, the approved AHA’s with those employees who shall perform that work each Ɵme the work is ordered. The Government may request advanced noƟficaƟon of the Ɵme and date of the above AHA Toolbox safety meeƟng for Contractor employees so that the Government may aƩend 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 submiƩed 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 C, which shall be used by the Contractor as a guide for the preparaƟon 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 always available 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 precauƟons are taken to always protect the public where work is being performed. The Contractor shall immediately report to the COR any potenƟal hazards found by his employees on the project. The Accident PrevenƟon Plan shall include procedures to be taken to provide for public safety. AddiƟonally, 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 Ɵmes the Contractor is on the project performing work under a Task Order.

e. Personal ProtecƟve Apparel and Equipment

ProtecƟve apparel and equipment, as idenƟfied 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. Disposable face masks and disposable nitrile gloves will be available for all employees to use daily or as required. All PPE including Face shields, spectacles with side-shields, or goggles, and hearing protecƟon shall be worn by employees when required by safety manual or as requested by COR or his representaƟve.

Contractor personnel involved in handling or applicaƟon of pesƟcides or herbicides shall use all protecƟve apparel per manufacturer's recommendaƟons. CDC recommended personal protecƟve pracƟces will be followed when required by COR or his representaƟve. Fire exƟnguisher(s) and first aid kit(s) meeƟng the Safety Manual standards shall also be provided and easily accessible to all employees.

f. Contractor Employees CerƟfied in First Aid & CPR

The Contractor shall schedule employees, so the appropriate numbers of cerƟfied personnel are on duty to administer First Aid and CPR as required by the Safety Manual. Copies of their cerƟficaƟon 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 CommunicaƟon Program

The Contractor shall be responsible for implemenƟng a hazard communicaƟon 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, transportaƟon, storage, and usage of hazardous substances on the project.

h. General Security Requirements & Working Within Controlled Area

General Security Requirements and Guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporƟng the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. QuesƟons regarding security maƩers shall be addressed to the designated Government representaƟve (e.g., ContracƟng Officer RepresentaƟve (COR), Requiring AcƟvity (RA) representaƟve, or ContracƟng Officer (if a COR or other RA representaƟve is not appointed)). Contract personnel are criƟcal to the overall security and safety of US Army Corps of Engineers (USACE) installaƟons, faciliƟes and acƟviƟes, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete iniƟal training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the compleƟon of training, the Contractor shall provide wriƩen documentaƟon (e.g., email or memorandum) to the Government representaƟve. The documentaƟon shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training cerƟficates to the Government representaƟve. Contractor personnel and vehicles are subject to search when entering federal installaƟons. AddiƟonally, all contract personnel shall comply with Force ProtecƟon CondiƟon (FPCON) measures, Random AnƟterrorism Measures (commonly referred to as “RAMs”), and Health ProtecƟon CondiƟon (HPCON) measures. The Contractor is responsible for meeƟng performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures—this includes idenƟfying mission essenƟal and non-mission essenƟal personnel. In addiƟon to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installaƟon change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibiliƟes, including any site-specific requirements idenƟfied in local policies or procedures.

AnƟterrorism (AT) Level I training: All contract personnel requiring rouƟne access to Army installaƟons, faciliƟes, and controlled access areas, or requiring network access shall complete iniƟal and annual refresher AT Level I awareness training. Online AT Level I awareness training is available at hƩps://jko.jten.mil/ (website subject to change).

Physical security and access control requirements: All contract personnel requiring physical access to a federal installaƟon or facility shall comply with the access control procedures of that locaƟon.

Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installaƟon in the US shall be veƩed by the installaƟon/facility Provost Marshal/Directorate of Emergency Services/Security Office using the NaƟonal Crime InformaƟon Center-Interstate IdenƟficaƟon Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal idenƟty verificaƟon requirements specified in installaƟon/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE faciliƟes shall coordinate escorted access with the Government representaƟve, as needed. Contract personnel who receive keys, access cards, or lock combinaƟons that provide access to government-owned property shall comply with key and lock control procedures of the RA.

Background invesƟgaƟons for U.S. CiƟzens who will work (a) within a control area, (b) on a government informaƟon system and/or (c) have access to government funds will be submiƩed 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 invesƟgaƟons requirements fall under Category B3 for US CiƟzens and Category C for Foreign NaƟonals. Controlled Area's also include individual offices or any area the public is not allowed to navigate freely unsupervised.

Working Only in Areas Open to the General Public/Access Not Restricted - The background invesƟgaƟon requirements for those U.S. CiƟzens who will not work (a) within a control area, (b) on a government informaƟon 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 unƟl the invesƟgaƟon requirements as appropriate have been completed and noƟficaƟon has been made by the COR or the District Security Office.

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

Guidance and forms for the background invesƟgaƟon requirements are available on the Nashville District Public Website:

(hƩps://www.lrd.usace.army.mil/missions/Programs/ArƟcle/3667149/contracƟng/)

Convict Labor: For the work that is being performed in a restricted area, there are restricƟons 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 AcƟvity ReporƟng Training (e.g. iWatch, See Something, Say Something): All contract personnel shall receive iniƟal and annual refresher training from the RA representaƟve on the local suspicious acƟvity reporƟng program. This locally developed training provides contract personnel with general informaƟon on suspicious behavior, and guidance on reporƟng suspicious acƟvity to the project manager, security representaƟve or law enforcement enƟty.

Contracts requiring a formal OPSEC program: The Contractor shall develop an OPSEC SOP/Plan within 90 days of contract award. The OPSEC SOP/Plan shall be reviewed and accepted by the RA OPSEC Officer. This plan will include a process to idenƟfy criƟcal informaƟon, where it is located, who is responsible for it, how to protect it, and why it needs to be protected. In accordance with Army and DoD regulaƟons, the contractor shall have a cerƟfied Level II OPSEC coordinator, who shall ensure OPSEC compliance during contract performance.

EscorƟng in classified and/or sensiƟve areas: In accordance with applicable regulaƟons, all contract personnel who do not possess the appropriate security clearance or access privileges will be escorted in areas where they may be exposed to classified informaƟon or operaƟons, sensiƟve informaƟon or acƟviƟes, or restricted areas.

Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility VerificaƟon and FAR Subpart 22.18 in using the E-Verify Program at (hƩps://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigraƟon laws in accordance with FAR 22.102-1(i). An iniƟal list of verified/eligible candidates shall be provided to the COR no later than three business days aŌer the iniƟal contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility VerificaƟon, and submit it to the ContracƟng Officer to become part of the official contract file.

i. Reports of Crime

Please ensure ALL reports of theŌ, suspected theŌ, vandalism, or ANY crime of Government OR Contractor property, OR crime against/by Contractor personnel is forwarded to the District Security Office. This informaƟon is criƟcal for threat and risk assessments.

j. Emergency Response Plan (ERP)

The ERP includes: All possible emergencies, consequences, required acƟons, wriƩen procedures, and the resources available. Detailed lists of emergency response personnel including their cell phone numbers, alternate contact details, and their duƟes and responsibiliƟes including reporƟng and accountability procedures.

C-1.10 ACCIDENT REPORTING

The Contractor is responsible for reporƟng all accidents to the COR immediately. Prompt acƟon 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 wriƩen report of the incident and extent of such damage shall be submiƩed to the COR, within 2 workdays (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 always conduct themselves in a proper and courteous manner. Since most of the work is performed in the presence of the public, the conduct of all employees is criƟcal 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 regulaƟons 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 Ɵme during the term of this contract. The Contractor or contract employees shall not engage in the unlawful manufacture, sale, distribuƟon, dispensaƟon, possession, or use of alcohol and/or drugs, or be under the influence of an illegal substance. The Contractor and contract employees shall follow legal prescripƟon and over-the-counter drug manufacturer recommendaƟons and limitaƟons when operaƟng mobile equipment or engaging in other on-the-job pracƟces. Contractors or their employees shall not smoke inside government buildings, or within 50’ surrounding government buildings. The use of e-cigareƩes is also included in this restricƟon.

The Contractor expressly agrees to dismiss any employee or subcontractor employee whose conƟnued 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 condiƟon would impair their ability to saƟsfactorily perform the work.

NoƟficaƟon to the Contractor will be promptly made in wriƟng if Ɵme and circumstances permit.

Otherwise, noƟficaƟon will be verbal and confirmed in wriƟng as soon as possible. All criminal acƟvity or conduct unbecoming resulƟng in the dismissal of an employee by the contractor shall be reported to the COR. No removal shall reduce the Contractor's obligaƟon to perform all work required under this contract nor be the basis for Ɵme 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 acƟon necessary to protect Contractor supplies, materials and equipment, and the personal property of Contractor employees from loss, damage, or theŌ. The Government assumes no responsibility for theŌ, damage, etc., of the above. All incidents of theŌ (or suspected theŌ) of contractor materials, supplies, or equipment from project lands shall be reported to the COR.

C-1.14 SUPERVISION

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

Each Contractor RepresentaƟve shall have full authority to contractually commit the Contractor for prompt acƟon on all maƩers pertaining to administraƟon of this contract and shall be the on-site Contractor employee who is responsible for safety.

In addiƟon to Contractor RepresentaƟve(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 implemenƟng the Contractor’s Accident PrevenƟon Plan. All QCI'S shall have the authority to determine for the Contractor when work is ready for Government inspecƟon and to make decisions for the Contractor on re-performance when necessary. A QCI shall be appointed for each work crew. A QCI will not parƟcipate or perform in the work he/she is inspecƟng. The Contractor Supervisor or QCI shall be present at the work site during any Ɵme, any work is being performed under this contract, including weekends and holidays. QCI working hours will be given to COR prior to assignment.

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

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

The Contractor shall maintain copies of contract work requirements, specificaƟons, AcƟvity Hazard Analysis, etc., at each work site which relate to each person's work responsibiliƟes and shall review them to ensure employees comprehension of a job prior to iniƟaƟng work.

C-1.15 ENVIRONMENTAL PROGRAM

The Contractor shall comply with Federal, State, and local laws, regulaƟons, and standards regarding environmental protecƟon. All environmental protecƟon maƩers shall be coordinated with the COR. Any of the faciliƟes operated by the Contractor may be inspected by the COR, or other Federal, State, and local officials without advance noƟce. Access for inspecƟon shall be granted upon request.

CitaƟons against Government faciliƟes operated by the Contractor for non-compliance with environmental standards are a maƩer for resoluƟon between the Government and the issuing office.

Payment of fines or penalty charges associated with citaƟons issued by Federal, State, or local officials will be paid by the Government. If the citaƟons are issued due to faulty operaƟon or maintenance pracƟces of the Contractor, the ContracƟng Officer or COR will deduct the fine from any monies due the Contractor.

The Contractor shall conduct all operaƟons and maintenance acƟviƟes in a manner to prevent contaminaƟon 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 regulaƟons.

If spills or contaminaƟon 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 iniƟally issued to the Contractor, the CDR describes the discrepancy or problem. The CDR will be discussed with the Contractor or his representaƟve when it is issued. The Contractor shall provide his wriƩen response on the CDR form within 24 hours of issuance. The Contractor's response must idenƟfy the cause and correcƟve acƟon taken and idenƟfy Contractor acƟon to prevent recurrence. The ContracƟng Officer or COR will evaluate the Contractor's response and take appropriate acƟon, which may include making necessary deducƟons. Upon finalizaƟon 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 wriƟng, and request a final decision by the ContracƟng Officer. The ContracƟng Officer monitors all CDR's issued, and CDR's are the principal evidence used by the ContracƟng Officer in determining Government contract acƟons such as terminaƟon or decision not to exercise opƟons.

C-1.17 MEETINGS

a. General

The Contractor or his authorized representaƟve shall report each workday (Monday-Friday, with the schedule and locaƟon determined by the COR) to discuss contract work items. Specific topics of discussion at the morning meeƟngs may include issuing task orders, requests for esƟmates, negoƟaƟon, inspecƟons, quality control, and upcoming work. If a CDR is issued, mutual effort will be made to resolve all problems idenƟfied to preclude their recurrence. The COR may alter this reporƟng schedule, or change the reporƟng method, Ɵme, or place if mutually agreeable between the COR and the Contractor.

b. Performance EvaluaƟon MeeƟngs

The Contractor, the Superintendent, or both, shall meet with the COR (or a designated representaƟve) monthly or on a schedule determined by the COR. However, a meeƟng will be held not later than one normal workday aŌer a Contract Deficiency Report (CDR) is issued. Mutual effort shall be made to resolve all problems idenƟfied.

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 idenƟfy 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:

An inspecƟon system covering all the services stated in the contract specificaƟons (this shall include inspecƟon of services performed on weekends such as cleaning services and SecƟon 5 non-rouƟne 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 inspecƟon.

A method of idenƟfying and correcƟng deficiencies in the quality of services performed before the level of performance is unacceptable.

A file of all inspecƟons conducted by the Contractor and the correcƟve acƟons taken shall be maintained by the contractor. These files shall be made available for inspecƟon upon request by the COR.

A method of insuring that employees have full knowledge of work assignments and that appropriate technical experƟse is uƟlized with each work assignment.

A method shall be established for coordinaƟng each work crew’s acƟviƟes with the COR and/or inspector.

A schedule (in wriƟng) of recurring work to be accomplished under each SecƟon of the contract. This schedule shall be updated each month and as necessary due to scheduling changes which have been pre-approved by the COR. The schedule shall be of sufficient detail to allow the Government to inspect all items of work covered under SecƟon C-3 and SecƟon C-4 of the contract as they are being performed.

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

An individual designated by the Contractor as the Quality Control inspector shall not have other work duty within the area of inspecƟon. Any individual designated as a Quality Control inspector shall meet the minimum requirements stated under C-1.14 of this contract. The COR or other Government personnel may on occasion need to contact the Contractor’s inspector on maƩers pertaining to cleaning, mowing, and safety in the recreaƟon areas. The Contractor’s inspector and or Superintendent shall assure that all discrepancies with the contract requirements are addressed and corrected.

The Contractor shall maintain a record of all Quality Control InspecƟon 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 inspecƟon 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:

- Inspector's name

- Park or area

- Date

- Weather CondiƟons

- Time in/out of park area

- Items inspected

- Defects encountered

- CorrecƟve acƟons taken

- Safety violaƟons

- List of damaged, inoperable, or vandalized faciliƟes

A signed plan, including Contractor specific informaƟon, shall be provided to the ContracƟng 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 ContracƟng Officer and COR.

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

C-1.19 QUALITY ASSURANCE

The Government will monitor the Contractor's performance in each funcƟonal area under this contract and reserves the rights to use whatever addiƟonal surveillance procedures are deemed appropriate. The Government will monitor the contract to ensure compliance using a Quality Assurance Surveillance Plan (QASP) but reserves the right to alter the plan at its own discreƟon. The QASP is included as Exhibit A for informaƟon purposes only and will not be made part of any resulƟng contract. As appropriate, calculaƟon of deducƟons for certain deficiencies will be made using the contract clause enƟtled "InspecƟon of Services" located in SecƟon 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 wriƩen complaint by the public, the Government will aƩempt to verify the complaint and furnish the Contractor a copy of the findings. Should the Government verificaƟon reveal a nonperformance by the Contractor, a CDR may be issued. A Government employee shall not be considered an Inspector unless they idenƟfy themself as such to the Contractor, the Contractor RepresentaƟve, or Quality Control Inspector. No Inspector is authorized to change any provision of the specificaƟons without wriƩen authorizaƟon of the ContracƟng Officer, nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the Contract.

The Contractors performance will be evaluated monthly and at the end of the performance period set forth in the contract schedule and any opƟon period exercised by the Government. However, interim evaluaƟons may be prepared at any Ɵme 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 unsaƟsfactory by the COR, the Government will take correcƟve acƟon. 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 Ɵme frame, the Contractor is required to respond to a CDR (See SecƟon C- 1.16), and deducƟons will be determined in accordance with Contract Clause enƟtled “InspecƟon of Services” located in SecƟon E and in accordance with the Government’s Quality Assurance Surveillance Plan.

C-1.21 INTERRUPTIONS TO SYSTEMS

All work that would necessitate an interrupƟon of the use of the project or its support systems or otherwise disrupt building occupants and/or the visiƟng public shall be fully coordinated and approved in advance by the COR. InterrupƟons shall be kept to an absolute minimum, and all repairs or replacements of equipment or components shall be accomplished in an expediƟous and efficient manner.

C-1.22 GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT

a. Government Furnished FaciliƟes

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 faciliƟes provided. The Contractor shall not use those grounds or faciliƟes as a place of habitaƟon. At the compleƟon of the contract, all faciliƟes and equipment shall be returned to the Government in the same condiƟon 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. ModificaƟons or changes shall not be made to any faciliƟes without prior wriƩen approval of the COR. Any modificaƟons to the faciliƟes shall be at the Contractor's expense.

The faciliƟes provided consist of space within reasonably secure fenced areas. The Contractor shall be responsible for maintaining physical security for Government furnished faciliƟes and property.

Should the Contractor reject any or all Government furnished faciliƟes, the Contractor shall provide all necessary faciliƟes at no cost to the Government. All Government furnished faciliƟes shall be used only for the performance of work specified herein.

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

Limited government owned faciliƟes will be provided for the Contractor's use under this contract.

The faciliƟes provided shall be inspected during the pre-bid conference and limitaƟons noted. The Contractor shall contain vehicles, equipment, and supplies within the alloƩed areas. The COR shall approve/deny requests for addiƟonal space. Current provisions are listed below:

- Area for tools and equipment storage.

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

- Office with uƟliƟes for administraƟon.

b. UƟliƟes

The Government will furnish available uƟliƟes to perform the specified work. At remote locaƟons the Contractor shall supply their own uƟliƟes such as water. The Contractor shall make a dedicated effort to conserve uƟliƟes and shall comply with all Government regulaƟons regarding energy conservaƟon. Government furnished uƟliƟes 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 addiƟonal expense to the Government. The Contractor shall be responsible for providing all necessary telephones, communicaƟon systems, and services for Contractor funcƟons under this contract at no cost to the Government. At least one telephone shall be installed at the Contractor’s office to provide communicaƟons 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 representaƟve. The contractor or any contract/subcontractor employees shall not duplicate government keys. AddiƟonal keys required by the Contractor will be furnished by the COR or their authorized representaƟve. Contractor(s) issued keys for, or those without escorted access to administraƟve areas or buildings (e.g. operaƟonal, maintenance or office areas) must submit a CATEGORY B3 invesƟgaƟve package.

The contractor shall be required to sign for and parƟcipate 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 representaƟve.

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 duplicaƟon of keys). Failure by the Contractor to provide adequate key security or key damage/loss will result in a deducƟon from the payment due the Contractor in the amount of $50.00 per lost or damaged key and a deducƟon for the recombinaƟon/re-coring of any affected locks at the rate charged by the manufacturer per lock plus installaƟon costs based on a Civil Engineer Technician/Contract Rep. pay rate.

e. Safety Manual

ProspecƟve 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, faciliƟes, 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 regulaƟons. A parƟal list of equipment which shall be needed by the Contractor is included in each secƟon.

Any personal property located on the project must receive prior approval by the COR. Company property owned but not used at the Cordell Hull Resource 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 period for each job. Adequacy of the equipment (e.g., mowing equipment and vehicles) to perform certain repeƟƟve 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, craŌ hand tools, common industry power tools, tapes, glues 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 transporƟng 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 flashing strobe lights, a rear mounted warning sign, and reflecƟve tape on the rear bumper.

d. Contractor Equipment and Supply InspecƟon

The apparent Contractor shall make available for inspecƟon 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 arƟcles shall be made available for inspecƟon within seven (7) working days aŌer noƟce 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.

The Contractor shall establish and maintain an office in the building provided for this purpose on the Lake Project for the sole purpose of conducƟng the day-to-day administraƟon 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 reporƟng all acts of vandalism, larceny, or pilferage to Government property, and malfuncƟoning Government equipment to the COR. The Contractor shall establish security procedures and safeguards that are compaƟble with the Government’s exisƟng 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 (SensiƟve and Non-sensiƟve).

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.