FIRST AMENDMENT ISSUED NUMBERED AS 0003 - w rEV SOW IFB W912P621B0005 FAC SVCS FB.pdf

W81G6603364573

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

REFERENCE INVITATION FOR BIDS NO. W912P621B0005, "DISPERSAL BARRIER FACIITIES OPERATION AND MAINTENANCE, ROMEOVILLE, WILL COUNTY, ILLINOIS"

A. The Bid Opening Date and Time is unchanged by this Amendment, therefore, Bids are due prior to 1:00 p.m. (Central Time) on January 29, 2021. -For details regarding bid submission, please refer to Solicitation Section L - Instructions, Conditions, and Notices to Bidders.

- AMENDMENT CONTINUES ON NEXT PAGES -

1. CONTRACT ID CODE PAGE OF PAGES

1 6

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

16C. DATE SIGNED

BY 22-Jan-2021

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912P621B0005

X 9B. DATED (SEE ITEM 11)

13-Jan-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

22-Jan-2021

CODE

U.S. ARMY ENGINEER DISTRICT, CHICAGO

231 SOUTH LASALLE STREET SUITE 1500

CHICAGO IL 60604-1437

W912P6 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P621B0005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SUMMARY OF CHANGES

B. AMENDED SECTION C – DESCRIPTIONS AND SPECIFICATIONS - The Scope of Work has been revised as follows. (The changes are denoted via the use of track changes in red and purple text)

1) Added language to paragraph 3.18.2

2) Deleted paragraph 3.14 in its entirety

3) Added paragraph 3.12.12 to establish contractor and subcontractor minimum experience

-Accordingly, a revised Scope of Work incorporating the aforementioned changes is enclosed hereunder and replaces the previously furnished Scope of Work.

C. PROJECT DRAWINGS: By this Amendment, the government is providing the project drawings which were inadvertently omitted from the solicitation and are enclosed hereunder.

D. CONTRACTOR’S INQUIRIES: By this Amendment, the Chicago District, USACE responds to Contractor’s inquiries as follows:

INQUIRY #1: Smith-Root has downloaded IFB Solicitation Number W912P621B0005 dated January 13, 2021 Requisition Number W81G6603364573 from Beta.SAM.Gov with a listed due date and time of 1PM on January 29, 2021. This seems to be an extremely short turn around time for a significant one off 24/7/365 mission critical facility that has both existing systems and assemblies with a proven track record as well as new systems and assemblies that have not been reliably run for any length of time as of yet. Please advise as to whether the due date will be extended?

USACE REPONSE TO INQUIRY #1: The due date for Bids will not be extended as there is a need for operating the 24/7/365 so as the new systems can go into operation. Therefore, any questions shall be submitted no later than 12:noon (CDT) on 25 January 2021.

INQUIRY #2: There is no provision for a site visit listed in the solicitation, Please advise.

USACE RESPONSE TO INQUIRY #2: Due to the pandemic a site visit will not be scheduled. Please refer to the drawings (added by amendment) for a concept of layout.

INQUIRY #3: There a deadline date provided for RFIs, Please advise.

USACE RESPONSE TO INQUIRY #3: RFIs are welcomed but must be submitted in time to avoid delaying other bidders from submitting timely bids – the relevant Clause: “52.214-6 Explanation to Prospective Bidders. Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary insubmitting bids or if the lack of it would be prejudicial to other prospective bidders. (End of provision)”

INQUIRY #4):There are numerous technical competence requirements for the work described for this solicitation however there is no technical response required in addition to pricing, Please advise.

USACE RESPONSE TO INQUIRY #4: Please refer to amended SOW to address the ambiguity.

INQUIRY #5: With respect to pricing CLINs, there are no NTE CLINs providing government budgets for maintenance of of the facilities rather it is wrapped up in the CLINs for 24/7/365 monitoring which has typically been an issue since it is unclear what maintenance will be required so, as solicited, contractors will have to price extremely conservatively to cover themselves for any eventualities that may occur. Please review and confirm that this is USACE's intent.

USACE RESPONSE TO INQUIRY #5: Paragraph 3.13 describes the stationary engineer staff’s abilities and duties for the 24/7/365 operation and monitoring CLIN. Paragraph 3.19 describes additional monitoring to be performed and included in the shift or daily log. Maintenance requirements are provided in paragraph

3.20 and have separate bid CLINs. Should circumstances arise requiring immediate work, or addressing unforeseen/differing conditions, the government may negotiate a modification with the contractor to obtain fair and reasonable prices under these circumstances; any modifications resulting will formally incorporate the change into the contract and add the settled upon price with matching funds.

INQUIRY #6: The 24/7/365 monitoring is a single CLIN for the facility rather than multiple CLINs for the various barriers. Is this a byproduct of USACE understanding that its previous solicitation for similar services was issued and negotiated in error by USACE? Please advise.

USACE RESPONSE TO INQUIRY #6: Paragraph 3.13 describes the stationary engineer staff’s abilities and duties for the 24/7/365 operation and monitoring CLIN. Paragraph 3.19 describes additional minimum monitoring to be performed and included in the shift or daily log. All work associated with this CLIN should be included in the pricing.

INQUIRY #7: There are numerous systems, pieces of equipment, and assemblies that are new i.e. not tested and/or currently running and proven to be reliable or may be newly installed under separate contract during the performance period for this contract. How will the monitoring and maintenance of these new systems and assemblies be handled and how should the contractor price them for this solicitation? Please advise.

USACE RESPONSE TO INQUIRY #7: Monitoring services are described in paragraph 3.19. Paragraph

3.19.4 specifically states “conduct a visual on-site three times per shift inspection of the Barriers’… to ensure proper operating parameters are being maintained.” Paragraph 3.19.4.1 identifies that the readings will be recorded and that recording requirements may be revised at the direction of the COR. Paragraph 3.19.4.1.1 lists the minimum parameters that will be recorded and as stated in paragraph 3.19.4.1 may be revised based on site conditions or changes.

Maintenance is described in paragraph 3.20 and will be priced with their associated bid CLINs as appropriate.

INQUIRY #8: There are numerous documents referenced that are not included with the solicitation. Please provide all referenced documents so that contractors can properly review and prepare pricing for this solicitation.

USACE RESPONSE TO INQUIRY #8: Please refer to the drawings added by amendment

INQUIRY #9: Please provide service records, O&Ms, inspection reports, run data, maintenance records, grounding studies, arc flash studies, power studies, electrode surveys, grounding grid records, and warranty information for all equipment assemblies, components, buildings, and building systems so that contractors can properly prepare full and complete maintenance pricing for this 24/7/365 mission critical facility.

USACE RESPONSE TO INQUIRY #9: Maintenance requirements are provided in paragraph 3.20. and pricing should not be affected by the records that are requested as any systems not identified to be maintained in paragraphs 3.20 shall be maintained by the Government.

INQUIRY 10: Please provide current condition reports for all building envelopes, i.e. roofs, windows, doors, floors, exterior walls etc.

USACE RESPONSE TO INQUIRY #10: Please refer to the drawings added by amendment for building and facility layout.

INQUIRY #11: Please provide current condition reports for all building and facility railings and fencing.

USACE RESPONSE TO INQUIRY #11: Please refer to the drawings added by amendment for building and facility layout.

INQUIRY #12: Please provide current condition reports for all equipment, assemblies, and systems to be monitored and maintained through this contract.

USACE RESPONSE TO INQUIRY #12: Monitoring services are described in paragraph 3.19. Paragraph

3.19.4 specifically states “conduct a visual on-site three times per shift inspection of the Barriers’… to ensure proper operating parameters are being maintained.” Paragraph 3.19.4.1 identifies that the readings will be recorded and that recording requirements may be revised at the direction of the COR. Paragraph 3.19.4.1.1 lists the minimum parameters that will be recorded and as stated in paragraph 3.19.4.1 may be revised based on site conditions or changes.

INQUIRY 13: Please provide current condition report for the site. Is site maintenance i.e. weed control, road maintenance, pest control etc. to be included in the pricing for maintenance of the facility?

USACE RESPONSE TO INQUIRY #13: Maintenance is described in paragraph 3.20 and will be priced with their associated bid CLINs as appropriate. Refer to paragraph 3.13 for stationary engineer duties.

INQUIRY #14: Please provide a detailed and complete list of items to be monitored and maintained keyed to a site map for the facility that is complete and comprehensive. There are descriptions about the facility within the solicitation however it is unclear what the boundaries and limits of scope of services are for this solicitation. Please advise.

USACE RESPONSE TO INQUIRY #14: Monitoring services are described in paragraph 3.19. Paragraph

3.19.4 specifically states “conduct a visual on-site three times per shift inspection of the Barriers’… to ensure proper operating parameters are being maintained.” Paragraph 3.19.4.1 identifies that the readings will be recorded and that recording requirements may be revised at the direction of the COR. Paragraph 3.19.4.1.1 lists the minimum parameters that will be recorded and as stated in paragraph 3.19.4.1 may be revised based on site conditions or changes.

Please refer to the drawings added by amendment for building and facility layout.

INQUIRY #15: For internet, security cameras, phone service, water, power, and fuel for the facility and facility equipment including emergency generators, who is responsible for maintaining the services and providing fuel for the generator?

USACE RESPONSE TO INQUIRY #15: Paragraph 3.18 identified Government Furnished Items that are provided and maintained by the Government

INQUIRY #16: [DFARS CLAUSE] 252.227-7030 - This should be removed no technical data is owed in work that has been identified in the solicitation technical data. Data rights clauses are not necessary.

Documentation that would be delivered with data rights have not been identified so that the cost associated can be pried by contractor. Please advise.

USACE RESPONSE TO INQUIRY #16: In the performance of the work, the contractor may need to furnish various types of data, which may include technical data. Please refer to the Scope of Work, wherein stating that the Contractor shall furnish data, which is listed as a general requirement under paragraph 3.1 “General” – see below excerpt:

“3 REQUIREMENTS

3.1 GENERAL The Contractor shall furnish the management, personnel, services, tools, meters, parts, materials, supplies, data, and equipment, except as otherwise specified herein, required to operate and maintain the Aquatic Nuisance Species Dispersal Barriers (ANSDB) facilities, In Accordance With (IAW) this Scope of Work (SOW).”

INQUIRY #17: 51.214-16 -Is there a minimum bid acceptance period? One is not identified.

USACE RESPONSE TO INQUIRY #17: The Clause being referred to is 52.214-16 “Minimum Bid Acceptance Period.” By this Amendment, this clause has been deleted as it was inadvertently included. The period of acceptance is 30 calendar days from the receipt of offers. Please note: Offers in this solicitation means “Bids” and Offerors means “Bidders.” -Accordingly, Contractors shall refer to Section L of the Solicitation, specifically at 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (DEVIATION 2018-O0018) (JUN 2020), paragraph (c):

“(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.” (Emphasis added)

INQUIRY #18: Please confirm Attachment “A” The surety section will not be required to be filled out by contractor when submitting the proposal, and that Section 5 will remain blank since there are not any bonding requirements.

USACE RESPONSE TO INQUIRY #18: Attachment A is a standard pre-award survey form. Therefore, Contractors may leave the Surety section blank as bonding is not a requirement for this procurement.

INQUIRY #19: Please confirm that each CLIN stands alone and is to be priced fully as if it may be the only CLIN awarded by the government or provide clarity as to what the governments options are regarding awarding some but not all of the CLINs.

USACE RESPONSE TO INQUIRY #19: Contractors shall fully price each and every line item separately.

Each contract line item number (CLIN) stands by itself. This also applies to each and every option line item. Contractors shall not assume “Option” Items will be awarded. The awarding of options is at the discretion of the government, per the Solicitation. Reference Section M, FAR Clause 52.217-5 (Evaluation of Options), which states in pertinent part: “Evaluation of options will not obligate the Government to exercise the option(s).”

E. POINT OF CONTACT: The Point of Contact (POC) for this Amendment is Ericka Hillard at (312) 846-5378;

email: ericka.d.hillard@usace.army.mil. – IMPORTANT NOTE: The Webex address and Call-in Number to view/listen to the Bid Opening will be provided by January 27, 2021 at the beta.sam.gov website, wherein the solicitation is published (along with this Amendment).

END OF AMENDMENT NO. 0001

(The aforementioned Scope of Work and Project Drawings follows)

NOTE: Throughout this Scope of Work, any and all references made to “days,” means “calendar” days and shall be applied accordingly. With respect to any references of clock time, the time zone is established as “Central time.”

REVISED SCOPE OF WORK

(VIA AMENDMENT NO. 0001)

FACILITY MAINTENANCE SERVICES CONTRACT

AQUATIC NUSIANCE SPECIES DISPERSAL BARRIERS

1 GENERAL REQUIREMENTS

1.1 SCOPE The contractor shall furnish staff of experience, support equipment, and material of quantity to provide one (1)per shift 24-7 Operator; annual bridge crane inspection, load testing and certification; annual inspection, maintenance and load bank testing on multiple diesel generators; and other miscellaneous maintenance and services for the USACE Chicago Sanitary and Ship Canal (CSSC) Aquatic Nuisance Species Dispersal Barrier (ANSDB or Dispersal Barrier) facility buildings in accordance with contract provisions herein.

1.2 BACKGROUND The ANSDB facility lies along the banks of the Chicago Sanitary and Ship Canal which is part of the Chicago Waterway system. The Barriers were constructed to prevent the movement of invasive species, such as Asian Carp, between the Mississippi River and Great Lakes basins.

1.2.1 FACILITIES The Dispersal Barriers consist of Permanent Barrier I (PB1), Control Gear Backup Power Building (CGBP), Barrier IIA (IIA), Power Quality Building (PQ), Demo Barrier (Demo), Barrier IIB (IIB), and Parallel Gear Building (PG) and are located at 790 East Old Romeo Road, in Lockport, Illinois, 60441, accessed from the 135th Street bridge’s northeast exit, westward under the bridge and over the BNSF railroad crossing, north along the roadway between the Chicago Sanitary Shipping Canal (CSSC) and the BNSF rails.

1.2.2 The facility campus also includes a Maintenance Shed (West Bank Shed or West Shed) and a Boat Shed (Boat Shed) on the west bank of the Chicago Sanitary Shipping Canal accessed from the Centennial Trail entrance on 135th Street which is near the Des Plaines River Trail Fence or Des Plaines River Barrier (DPRB). The DPRB fence runs north/south along the Centennial Trail beginning at 135th Street for approximately 13 miles. The fence serves as a barrier between the Des Plaines River and the CSSC and is essential to control movement of invasive species.

1.2.3 The items listed in the paragraphs above are the major features of the Dispersal Barriers facility.

Other major assets include seven (7) stand-alone diesel generators with enclosures, two (2) high mast lights, electrical/parasitic switches, security fencing throughout, Closed Circuit Television System (CCTV), communication and electrical duct banks, sidewalk with fiberglass railings, electrical substations, and ComEd substations and transformers.

1.2.4 PB1 Spang and Pulser Rooms 1 and 2, Demo Pulser Cabinets, IIA Pulser Cabinets, IIB Pulser Rooms: Access to these areas are scheduled to be accessible a minimum once a year during the scheduled annual maintenance on the pulser systems. The annual maintenance of Barriers PB1, Demo, IIA and IIB pulse generating systems and their associated assets are performed annually by Government personnel. Annual maintenance schedule varies for each Barrier year to year and do not overlap. Annual maintenance schedule includes only one of the Barrier pulsing systems and typically occurs between the months of December 1 and March 31. Any scope of work associated with access to these rooms and/or systems should be coordinated yearly with the Contracting Officer’s Representative (COR) to insure satisfactory performance.

2 APPLICABLE DOCUMENTS The following documents are applicable to this Scope of Work to the extent specified herein.

US Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 National Fire Protection Association (NFPA) 70: National Electrical Code National Fire Protection Association (NFPA) 70E: Electrical Safety in the Workplace 29 C.F.R. 1910, Occupational Health and Safety Standards

3 REQUIREMENTS

3.1 GENERAL The Contractor shall furnish the management, personnel, services, tools, meters, parts, materials, supplies, data, and equipment, except as otherwise specified herein, required to operate and maintain the Aquatic Nuisance Species Dispersal Barriers (ANSDB) facilities, In Accordance With (IAW) this Scope of Work (SOW).

3.2 SAFETY AND HEALTH The Contractor shall conduct all phases of work in complete accordance with EM 385-1-1,. U.S. Army Corps of Engineers Safety and Health Requirements Manual, 29 C.F.R. 1910 (OSHA Standards), NFPA 70, and NFPA 70E. In cases where regulations conflict, the most stringent shall apply. The general requirements for safety program management and submittals relevant to this contract are located in Section 01.A of EM 385-1-1.

3.2.1 Contractor Site Safety and Health Responsibilities

3.2.1.1 The Contractor shall designate a Site Safety and Health representative. The designated person shall have successfully completed an OHSA 29 CFR 1910 30-hour training course for general industry and shall have a minimum of five (5) years experience overseeing safety activities at projects similar in scope and complexity to the dispersal barrier facility. The collateral performance of site safety and health duties, along with the performance of other designated routine duties, by a single person is permissible on this contract. The specific training, experience, and qualifications of the proposed Site Safety and Health representative shall be submitted to the COR for review and acceptance within 10 calendar days after the award of the contract.

3.2.1.2 The Contractor shall submit, for Government acceptance, documentation of the Site Safety and Health candidate’s background to include their resume and training record.

3.2.1.3 The Contractor shall submit a signed statement to the Contracting Officer (KO) designating the named Site Safety and Health Representative as a person authorized to suspend work operations as needed upon the discovery of hazardous working conditions.

3.2.1.4 The Site Safety and Health Representative, or an equally-qualified alternate, shall be accessible 24/7, by telephone or other means, to implement and administer the Contractor's safety program and Government-accepted Accident Prevention Plan (APP).

3.2.1.5 Duties include all activities required for the successful execution of the Contractor’s Accident Prevention Plan. Such duties include, but are not limited to:

1. Conduct safety and health inspections and maintain a written log which includes area/operation inspected, date of inspection, identified hazards, recommended corrective actions, estimated and actual dates of corrections.

2. Conduct mishap investigations and complete required accident reports. Report mishaps and near misses.

3. Use and maintain OSHA's Form 300 to log work-related injuries and illnesses occurring on the project site for Prime Contractors and subcontractors, and make available to the Contracting Officer upon request. Post and maintain the Form 300A on the site Safety Bulletin Board.

4. Maintain applicable safety reference material on the job site.

5. Attend pre-work meetings including toolbox safety meetings, preparatory meetings, and periodic in-progress meetings.

6. Review and enforce the Contractor’s Accident Prevention Plan (APP), Activity Hazard Analyses (AHA), and Hazardous Energy Control Plan (HECP) for compliance with EM 385- 1-1.

7. Establish a Safety and Occupational Health (SOH) Deficiency Tracking System that tracks outstanding deficiencies until resolution.

8. Ensure subcontractor compliance with the Contractor Accident Prevention Plan, Activity Hazard Analyses, and Hazardous Energy Control Plan.

3.2.2 Accident Prevention Plan (APP) A Safety and Health Plan shall be submitted to the Government Designated Authority (GDA) within ten (10) calendar days after receiving the Notice to Proceed/Contract Award. This plan will be reviewed and assessed by the GDA and the USACE’s local Safety and Occupational Health Office (SOHO) for accident prevention benefit and compliance with applicable items in Appendix A, EM 385-1-1.

3.2.2.1 An Accident Prevention Plan (APP), including all Activity Hazard Analyses (AHAs), must be submitted in compliance with EM 385-1-1 Appendix A, paragraph 2, Limited-Scope Service Contracts, to the GDA. Before initiation of work at the job site, an APP must be reviewed and assessed as acceptable by the GDA within 10 calendar days of the date of Contract award. The Contractor shall not commence any work on the site until the APP is designated as acceptable by the Contracting Officer (KO) or the designated Contracting Officer’s Representative (COR). Topics within the APP shall be presented in the order directed by Appendix A. Plan items listed in EM 385-1-1, Appendix A that are not applicable to this contract shall be so identified with a statement describing the items’ non-applicability. The Contractor shall not commence any work on the site until the APP is designated as acceptable by the

COR.

3.2.2.2 The Contractor is responsible for ensuring that all contractor workers comply with EM 385-1-1 and the Safety and Health Plan at all times during the execution of the work. Failure by the Contractor to effectively execute the APP shall result in the dismissal of specific individuals from the position(s) of Project Manager, QC Manager, and/or SSHO when deemed appropriate by the Contracting Officer Representative.

3.2.2.3 The Contractor is responsible for ensuring that all contractor workers, prior to start of any work, sign in at the Permanent Barrier 1 building conference room, and receive a site-specific safety and activity update briefing.

3.2.2.4 The ANSDB generates stray currents throughout the facility; as such there is not necessarily a true ground on the site and there is continuous monitoring of the stray current by the Government.

Therefore, within the APP, the Contractor shall outline their plan to protect workers from hazards posed by stray voltage/current when operating and maintaining the Aquatic Nuisance Species Dispersal Barriers facilities. The Contractor may request to see maps, data tables, and other documentation related to stray voltage investigations by contacting the COR to help determine the hazards, control mechanisms, personal protective equipment (PPE) and training required for this work.

3.2.3 Activity Hazard Analyses (AHA) Within 10 calendar days of the date of Contract award, the Contractor shall submit, for Government acceptance, a set of AHAs meeting the requirements of EM 385- 1-1 Section 01.A.14. AHAs must be site-specific and fully address each of the sections of the AHA form as presented in EM 385-1-1, Figure 1-2.

3.2.4 Hazardous Energy Control Plan (HECP)

3.2.4.1 Within 10 calendar days of the date of Contract award, the Contractor shall submit, for Government acceptance, a HECP in accordance with EM 385-1-1 Section 12, 29 CFR 1910.147, 29 CFR 1910.333, 29 CFR 1915.89, ASSE/SAFE Z244.1, and ASSE/SAFE A10.44. The HECP shall be submitted for Government acceptance as part of the APP.

3.2.4.2 A preparatory meeting shall be scheduled as shall a site inspection with all effected personnel to coordinate all HECP activities in accordance with EM 385-1-1, Section 12.A.02.

3.2.5 Exposure Reports The Contractor shall maintain an accurate record of exposure data (man-hours worked) for the Prime Contractor and all subcontractors. The Contractor shall prepare and submit the record to the COR monthly no later than the 10th day of the following month.

3.2.6 Safety Meetings

3.2.6.1 Routine The Contractor must conduct safety meetings at least once a week to be attended by all Contractor employees. The purpose of the weekly safety meetings is to review worksite activities; plan for new or changed operations; review/update AHAs; establish safe working procedures for anticipated hazards; and provide on the spot training and motivational exercises. The Contracting Officer’s Representative shall be notified of all scheduled safety meetings 7 calendar days in advance.

3.2.6.2 Maintenance or Repair Activities During contractor performed on-site maintenance or repair activities, the Contractor shall conduct a daily safety meeting for all employees involved in the performance of the Contract to discuss safety items, particularly those pertaining to current and upcoming work. The Contractor shall provide at least one day advance notice of the time(s), date(s), and locations of planned safety meetings to the COR. The Government reserves the right to attend any or all of these meetings.

3.2.6.3 Reports The Contractor shall prepare a report of all safety meetings and the Contractor shall deliver these reports to the COR by the 15th day of the following month. The report shall include the following information on each meeting: Date, time and location of meeting, names of persons attending, summary of safety items discussed and persons who conducted the meeting. The Contractor shall keep a copy of each report on file at the Barrier System.

3.2.6.4 The Site Safety and Health Representative and supervisory personnel shall conduct monthly management safety meetings for the purpose of evaluating current safety performance, reviewing corrective action status, and developing/refining mitigation activities for upcoming phases of work.

3.2.6.5 Safety Bulletin Board Within 7 calendar days after commencement of work, a safety bulletin board shall be erected at the job site. Include and maintain information on safety bulletin board as required by EM 385-1-1, Section 01.A.07.

3.2.7 Mishap & Near-Miss Reporting

3.2.7.1 All OSHA-recordable mishaps and property damage accidents exceeding $5,000 shall be reported to the COR within 8 hours by telephone or on a face-to-face basis. Within 48 hours of the mishap, the contactor shall deliver a completed ENG FORM 3394 to the COR for review and acceptance.

Unacceptable FORM 3394 shall be returned to the Contractor for correction.

3.2.7.2 All near misses, as defined by EM 385-1-1, Appendix Q, shall be reported within 48 hours on ENG FORM 3394 with “NEAR MISS” noted in the remark section.

3.2.8 Safety Violations If a Contractor's or subcontractor’s employee persists in not following the safety requirements of the scope of work, the Accident Prevention Plan, an Activity Hazard Analysis, or a Hazardous Energy Control Plan, the Contractor shall notify the COR within 24 hours. The Contractor, after notification from the COR, shall also ensure that the employee no longer works at or is present at the facility.

3.2.9 Personal Clothing and Personal Protective Clothing and Equipment (PPCE) Contractor personnel shall wear clothing suitable for the weather and working conditions. The minimum shall be short-sleeve shirt, long trousers, high visibility vests, and EH rated safety shoes. Additional PPCE shall be worn by personnel as required by EM 385-1-1, Corps of Engineers Safety and Health Requirements for the work being performed.

3.2.10 Employee Safety Awareness In order to promote employee safety awareness, the Contractor shall ensure that each employee (including all subcontractor employees performing work on-site) reviews the accepted Accident Prevention Plan (APP) at least quarterly and the Activity Hazard Analysis (AHA) prior to beginning work and thereafter on at least a semiannual basis. In addition, Contractor and subcontractor personnel shall review developed and accepted AHA’s prior to beginning work each time the AHA is used. The Contractor shall maintain a record of these reviews which shall include each employee's signature and the date of the person's review. The Contractor shall prepare and submit a copy of this record to the COR on a monthly basis. Job specific AHA’s for special non-routine maintenance and/or repair activities shall be reviewed prior to the start of each individual job and/or activity.

Documentation of all personnel participating in the work activity covered by each AHA shall include the following information: Printed name of each employee (Prime and subcontractors), by last name, first name and middle initial, followed by their signature and date by month/day/year.

3.2.11 Continuous Inspection The Contractor shall institute a continuous inspection program to ensure that all safety requirements are being fulfilled by Contractor and Subcontractor employees. The Contractor shall prepare and submit records of the results of this inspection program to the COR upon request. At a minimum, these records shall include the following information: the identification of the activity inspected; the results of the inspection including deficiencies noted and corrective actions taken;

the date of the inspection; and the signature of the person making the inspection.

3.2.12 OSHA 30 Hour Training All Contractor and subcontractor personnel shall have successfully completed an approved Occupational Safety and Health Administration (OSHA) 30 hour training class for general industry to be eligible to work on the site. Copies of each employee's certifications shall be submitted to the COR within ten (10) business days after contract award.

3.2.13 National Fire Protection Association (NFPA) 70E: Electrical Safety in the Workplace Training All Contractor and subcontractor employees who are required to work on-site at the fish barrier facility shall have successfully completed a formal classroom NFPA 70E training class taught by a qualified electrical safety trainer. Copies of each employee's certifications shall be submitted to the COR within ten (10) business days after contract award.

3.2.14 Equipment Operator Training The Contractor shall ensure that operators of any equipment are trained and licensed for proper and safe operation of the equipment. The Contractor shall provide a copy of a current license or certificate issued by the accrediting body to the COR upon request. If the license or certificate cannot be provided or has expired that employee shall not operate the equipment until the license or certificate is renewed.

3.2.15 Government Safety Inspections

3.2.15.1 Scope: All Contractor activities conducted in accordance with this Contract, as well as equipment and facilities maintained or operated in the performance of Contract activities, shall be subject to inspection by the Government for compliance with the safety provisions of the Contract. Any violations of those provisions shall be promptly corrected by the Contractor. Contractor equipment which is not in compliance shall be immediately removed from service until the problem is rectified. Periodic Government inspections of the site does not relieve the Contractor from performing their required safety inspection duties.

3.2.15.2 Suspension of Activities: The COR and any other authorized Corps representative(s) reserve the right to totally or partially suspend any or all Contractor operations due to unsafe conditions. In the event that the unsafe conditions either are caused by, or are allowed to arise or exist by the Contractor, the Contractor shall be responsible for any or all work stoppages. Performance schedules will not be extended under these circumstances and no payments shall be made to the Contractor for time or work performed during a suspension of activities.

3.2.16 Chemical Hazard Communication Program A chemical hazard communication program shall be implemented in accordance with 29 CFR 1910.1200 or 1926.59 and paragraph 06.B.01 of EM 385-1-

1. The plan shall be submitted to the COR as part of the Accident Prevention Plan. See EM 385-1-1, Appendix A.3.1. (4) - Hazard Communication Plan (06.B.01).

3.2.17 First Aid/CPR/AED Training Each employee shall be trained in First Aid, CPR, and AED from an approved organization (see EM 385-1-1, Section 03.A.02.c) and have a valid, up-to-date, First Aid/CPR/AED card in his possession at all times when on duty. This requirement of training shall be submitted to the COR as part of the APP. See EM 385-1-1, Appendix A.3.i.(4) - Medical Support. The requirement of training shall be accomplished prior to commencement of work by an employee. Copies of each employee's certifications shall be submitted to the COR within ten (10) workdays after contract award.

3.2.18 Potable Water The Contractor shall supply potable drinking water for their personnel in accordance with EM 385-1-1, Section 02.C. This requirement shall be submitted to the COR as part of the APP. See EM 385-1-1, Appendix A.3.i.(4) - Site Sanitation/Housekeeping (02).

3.2.19 Monitoring of Marine Safety The Contractor shall utilize two (2) portable handheld VHF marine band radio with drop-in-chargers for use at the fish barrier facility. One (1) handheld radio shall be carried and monitored by the designated Contractor employee(s) during each shift. The other radio shall be kept in its drop-in-charger for immediate use as an alternate radio if a problem occurs with the radio being carried. Both radios shall be set to channel 16 (156.8 MHz) to monitor for incoming emergency distress calls involving the passage of waterborne vessels and/or persons-in-the-water through the fish barrier’s electric fields. The designated Contractor employee(s) shall have the authority to provide an appropriate level of assistance in response to all incoming distress calls, which is limited to calling 911, notifying USACE, and providing access to first responders when they arrive at the facility.

The designated Contractor employee(s) shall also have authority to shut off any of the fish barriers’ electric fields to help prevent the loss of life. Copies of any current standard operating procedures for emergency response coordination can be obtained from the Contracting Officer Representative.

3.2.20 Emergency Support The Contractor and subcontractors shall be responsible for assisting and providing notification and access support to the USACE, US Coast Guard (USCG) and local first responders in response to emergency situations occurring within the vicinity of the Barriers.

3.3 SECURITY REQUIREMENTS

3.3.1 AT Level 1 Awareness Training All Contractor employees, to include 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 affected Contractor 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 employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

3.3.2 Site Access and General Protection/Security Policy and Procedures All Contractor and all associated sub-Contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by Government representative). The Contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all 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. All Contractor and all associated sub-Contractors employees that access any Computer Hardware Resource related to the Barrier System shall sign a User Agreement Policy to be provided by the Government. All Contractor and all associated subcontractor employees shall only use Computer Hardware Resources associated with the control of the Barrier System solely for control of the Barrier System, and shall not use such Computer Hardware Resources for email access, internet access, or any other purpose.

3.3.2.1 Contractor Employees Requiring Issuance of Common Access Card (CAC) Before CAC issuance will be granted, the Contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05 and Homeland Security Presidential Directive-12 (HSPD-12). The Contractor employees will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an interim CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management. The current operations plan does not require the issuance of a CAC to contractor employees and it is anticipated that future operations will not require a

CAC.

3.3.2.2 Contractor Employees Not Requiring Issuance of CAC Contractor and all associated sub- Contractors employees not requiring the issuance of a CAC shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by Government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

3.3.3 Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something) The Contractor and all associated sub-Contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR, facility manager, security representative or law enforcement entity. 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.

3.3.4 Access to Government Information Systems All Contractor and subcontractor employees with access to a Government information systems must be registered in the Army Training Certification Tracking System (ATCTS) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the information systems and then annually thereafter in accordance with personnel security standards listed in AR 25-2 (Information Assurance) and DOD 8570.01-M, an appropriate background investigation will be conducted prior to accessing the Government information systems. The Government will provide the operator the user name and passwords necessary to operate all systems provided in the control room as required by this scope of work. Every 90 to 120 days the system password will expire and prompt the user to change the password. Any password change executed by the contractor, either due to expiration or for security purposes, shall be provided to the COR within 24 hours.

3.3.5 Level 1 OPSEC Training In accordance with Army Regulation (AR) 530-1, all new Contractor and subcontractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all Contractor and subcontractor 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 websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

3.3.6 Information Assurance (IA)/Information Technology (IT) Training All Contractor employees and associated sub-Contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All Contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment. All Contractor employees who act as system administrators need to gain the certification of an IAT-II level position in accordance with DOD 8570.01M.

3.3.7 Sensitive or Restricted Access Areas Contractors with CAC cards will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

The Contractor will coordinate with the COR and/or the facility security office for access when required.

(Use when security clearances are not required, i.e. facility repair or construction). 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.

3.3.8 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. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

3.3.9 Release of News Information No news releases (including photographs and films, public announcements or denial or confirmation of same) on any part of the subject matter of this Contract or any phase of any program hereunder shall be made without the prior written approval of the Contracting Officer.

3.3.10 Contingencies. The Contractor shall respond to abnormal situations as determined by the COR in order to provide continuity of all operations. Examples of abnormal situations are civil disturbances, labor strikes, terrorist activities, and national emergencies leading to mobilization or deployment. Since the Army must be able to react to such events without undue delay, the Contractor shall continue and expand, if necessary, his performance to meet the terms of this Contract.

3.3.11 OPSEC Plan. The Contractor shall develop an OPSEC SOP/Plan in accordance with Army Regulation 530-1, Appendix B “Operations Security Process”. The plan shall be submitted within 90 calendar days of contract award. The OPSEC SOP/Plan must be reviewed and approved by the RA OPSEC Officer. Figure N-1 of Army Regulation 530-1, dated 26 September 2014, should be used as a template to aid the contractor in developing the plan. The SOP/Plan shall address the following required elements.

1. Requirements for the identification and protection of critical information from initial planning through post execution phases.

2. Tasks to staff and subordinate commands to plan and execute OPSEC measures.

3. An OPSEC estimate comprising the identified or assumed adversary knowledge of friendly operations or activity, friendly critical information, and an evaluation of friendly OPSEC effectiveness.

4. Intelligence collection threat consisting of friendly detectable indicators, critical information, and the adversary’s capability to obtain and use the information.

5. OPSEC measures to implement.

3.4 MINIMUM AMOUNT OF INSURANCE REQUIRED

In accordance with FAR CLAUSE entitled…