W912P8-08-R-0082.pdf

W912P8-08-R-0082

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemental with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and A Written Solicitation Will Not Be Issued. The U.S. Army Corps of Engineers, New Orleans District is soliciting for proposals for Performance Based Services for Ground Maintenance at the Old River Control Structure, 4342 Hwy 15, Vidalia, LA 71373-5812.

This PROCUREMENT is UNRESTRICTED: NAICS Code 561730, business size standard is 6.5 million. The solicitation number W912P8-08-R-0082 is issued as a request for proposals. The requirement calls for mowing services, including but not limited to furnishing all labor, equipment, fuel, supplies, and materials necessary to mow, edge/trim grass, and herbicide sprayings.

Base Year: Line Item 0001, Period of Performance Award date through 1 year later.

Item No. SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT 0001 Base Year: Lawn Main-tenance @ Old River Control Structure (CS)

0001AA *Est Grass Mowings of Grounds 40 EA $_________ $___________ in Areas 4A, 7, 11A, and 13 at Old River CS

0001AB Est Grass Mowings of Levees & 8 EA $_________ $___________ Adjacent Grounds in Areas 8, and 11B at Old River CS

0001AC Est Grass Mowings of Grounds 2 EA $_________ $___________ in Areas 3, 4, 9, 10, 12, 14, 15, and 17 at Old River CS

0001AD Est Grass Mowings of Levees & 5 EA $_________ $___________ Adjacent Grounds in Areas 1, 2, 5, 6, 11, 16, and 18 at Old River CS

0001AE Est Herbicide Spraying of Riprap 4 EA $_________ $___________ in Areas 19 thru 30 at Old River CS

First Option Year: Line Item 0002, Period of Performance Exercise of Option date through 1 year later.

Item No. SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT 0002 First Option Year: Lawn Main-tenance @ Old River Control Structure (CS)

0002AA *Est Grass Mowings of Grounds 40 EA $_________ $___________ in Areas 4A, 7, 11A, and 13 at Old River CS

0002AB Est Grass Mowings of Levees & 8 EA $_________ $___________ Adjacent Grounds in Areas 8, and 11B at Old River CS

0002AC Est Grass Mowings of Grounds 2 EA $_________ $___________ in Areas 3, 4, 9, 10, 12, 14, 15, and 17 at Old River CS

0002AD Est Grass Mowings of Levees & 5 EA $_________ $___________ Adjacent Grounds in Areas 1, 2, 5, 6, 11, 16, and 18 at Old River CS

0002AE Est Herbicide Spraying of Riprap 4 EA $_________ $___________

Second Option Year: Line Item 0003, Period of Performance from Exercise Of Option date through 1 year later.

Item No. SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT 0003 Second Option Year: Lawn Maintenance @ Old River Control Structure (CS)

0003AA Est Grass Mowings of Grounds 40 EA $_________ $___________ in Areas 4A, 7, 11A, and 13 at Old River CS

0003AB Est Grass Mowings of Levees & 8 EA $_________ $___________ Adjacent Grounds in Areas 8, and 11B at Old River CS

0003AC Est Grass Mowings of Grounds 2 EA $_________ $___________ in Areas 3, 4, 9, 10, 12, 14, 15, and 17 at Old River CS

0003AD Est Grass Mowings of Levees & 5 EA $_________ $___________ Adjacent Grounds in Areas 1, 2, 5, 6, 11, 16, and 18 at Old River CS

0003AE Est Herbicide Spraying of Riprap 4 EA $_________ $___________ in Areas 19 thru 30 at Old River CS

Third Option Year: Line Item 0004, Period of Performance from Exercise Of Option date through 1 year later.

Item No. SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT 0004 Third Option Year: Lawn Maintenance @ Old River Control Structure (CS)

0004AA Est Grass Mowings of Grounds 40 EA $_________ $___________ in Areas 4A, 7, 11A, and 13 at Old River CS

0004AB Est Grass Mowings of Levees & 8 EA $_________ $___________ Adjacent Grounds in Areas 8, and 11B at Old River CS

0004AC Est Grass Mowings of Grounds 2 EA $_________ $___________ in Areas 3, 4, 9, 10, 12, 14, 15, and 17 at Old River CS

0004AD Est Grass Mowings of Levees & 5 EA $_________ $___________ Adjacent Grounds in Areas 1, 2, 5, 6, 11, 16, and 18 at Old River CS

0004AE Est Herbicide Spraying of Riprap 4 EA $_________ $___________

Fourth Option Year: Line Item 0005, Period of Performance from Exercise Of Option date through 1 year later.

Item No. SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT 0005 Fourth Option Year: Lawn Maintenance @ Old River Control Structure (CS)

0005AA Est Grass Mowings of Grounds 40 EA $_________ $___________ in Areas 4A, 7, 11A, and 13 at Old River CS

0005AB Est Grass Mowings of Levees & 8 EA $_________ $___________ Adjacent Grounds in Areas 8, and 11B at Old River CS

0005AC Est Grass Mowings of Grounds 2 EA $_________ $___________ in Areas 3, 4, 9, 10, 12, 14, 15, and 17 at Old River CS

0005AD Est Grass Mowings of Levees & 5 EA $_________ $___________ Adjacent Grounds in Areas 1, 2, 5, 6, 11, 16, and 18 at Old River CS

0005AE Est Herbicide Spraying of Riprap 4 EA $_________ $___________ in Areas 19 thru 30 at Old River CS

Grand Total _______________________ *Est = Estimated

All work to be performed in strict accordance with commercial standards, local state, and federal laws, and the requirements of the attached performance base work statement

(PBWS):

Award will be made to the offeror with the ability to fulfill the aggregate of the requirements. The resultant contract will be a Firm Fixed-Price Contract and the performance period is 1 base year and 4 renewable option years. The contract start date is estimated to start on 8 August 2008. The provisions and clauses incorporated into this solicitation are those in effect at the time of publication. This synopsis/solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with his/her offer. The size standard is $6.5M dollars. The associated NAICS code 561730. The provisions at 52.212-1, Instructions of Offerors Commercial Items, apply to this solicitation. The provisions at 52.212-3, Offeror Representations and Certifications-- Commercial Items apply to this solicitation. The contractor shall return a completed copy of these provisions with his/her proposal. A copy of the provisions may be obtained from http://www.arnet.gov/far. Full text clauses may be viewed at www.farsite.hill.af.mil.

The following FAR Clauses and Provisions are applicable to this solicitation:

52.202-1, Definitions; 52.203-5, Covenant Against Contingent Fees; 52.204-7, Anti- Kickback Procedures; 52.204-9, Personal Identity Verification of Contractor Personnel;

52.209-5, Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters; 52.209-6, Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment;

52.211-16, Variation in Quantity; 52.212-3, Offeror Representations and Certifications— Commercial Items; 52.212-4, Contract Terms and Conditions—Commercial Items;

52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items; 52.216-24, Limitation of Government Liability; 52.217-5, Evaluation of Options; 52.217-8, Option to Extend Services; 52.217-9, Option to Extend the Term of the Contract; 52.219-8, Utilization of Small Business Concerns; 52.222-3, Convict Labor; 52.222-19, Child Labor—Cooperation with Authorities and Remedies;

52.221-21, Prohibition of segregated facilities; 52.222-26, Equal Opportunity;

52.222-36, Affirmative Action for Workers with Disabilities; 52.222-41, Service Contract Act of 1965, as Amended; 52.222-42, Statement of Equivalent Rates for Federal Hires; 52.223-6, Drug-Free Workplace; 52.225-13, Restrictions on Certain Foreign Purchases; 52.228-5, Insurance—Work on a Government Installation; 52.228-10, Vehicular and General Public Liability Insurance; 52.232-1, Payments; 52.232-18, Availability of Funds; 52.232-19, Availability of Funds for the Next Fiscal Year; 52.232- 23, Assignment of Claims; 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration; 52.233-2, Service of Protest; 52.233-3, Protest After Award;

52.233-4, Applicable Law for Breach of Contract Claim; 52.239-1, Privacy or Security Safeguards; 52.244-6, Subcontracts for Commercial Items; 52.237-1, Site Visit; 52.237- 2, Protection of Government Buildings, Equipment, and Vegetation; 52.242-15, Stop Work Order; 52.243-1 Alt 1, Changes—Fixed Price; 52.246-1, Contractor Inspection Requirements; 52.246-4, Inspection of Services—Fixed Price; 52.246-16, Responsibility for Supplies; 52.249-4, Termination for Convenience of the Government (Services) (Short Form); 52.249-8, Default (Fixed-Price Supply and Service); 52.252-1, Solicitation Provisions Incorporated by Reference; 52.252-2, Clauses Incorporated by Reference;

52.252.5, Authorized Deviations in Provisions; 52.252-6, Authorized Deviations in Clauses; 52.253-1, Computer Generated Forms; MVN Security – Background Checks for Building or Non-Building Access; Security Contract Language for All Corps of Engineers’ Unclassified Contracts (PIL 203-06).

The following DFAR clauses are applicable to this solicitation: 252.204-7004 Alt A Central Contractor Registration (52.204-7); 252.212-7001, Contract terms and conditions required to implement statutes or Executive Orders applicable to defense acquisitions of commercial items; 252.219-7011, Notification to Delay Performance; 252.225-7000, Buy American Act—Balance of Payments Program Certificate; 252.225-7002, Qualifying country sources as subcontractors; 252.232-7003, Electronic Submission of Payment Requests; 252.232-7010, Levies on Contract Payments; 252.243-7001, Pricing of Contract Modifications;.

The solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular FAC 2005-20. Department of Labor Wage Determination Schedule WD 05-2231 (Rev.-6) is applicable to this procurement (see attachment). This solicitation is issued as a request for proposals. Offerors must be registered in the Central Contractor Registry located at www.ccr.gov prior to contract award. Interested sources who submit data are responsible for appropriately marking information if it is proprietary in nature. A determination by the government to not award based on the responses to this solicitation is solely within the discretion of the Government. Proposals may be mailed, hand delivered or FED EX to the following address: US Army Corps of Engineers, New Orleans District, ATTN: CT-E (Lydia Quillens), 7400 Leake Ave, Room 155A, New Orleans, LA 70118-3651. Annotate the solicitation number on your proposal package. Proposals are due on 06 August 2008 at 2:00 p.m., Central Standard Time.

PERFORMANCE BASED WORK STATEMENT

1. GENERAL

1.1 DESCRIPTION of SERVICES. This contract is a non-personal service performance based service contract subject to the Service Contract Act. This contract requires the contract and each option year is issued, funded and released by the Contracting Officer prior to performance of work. Each Option Period will be awarded via letter within 60 days of contract expiration (followed by a modification with any and all necessary changes).

Contractor shall provide all personnel, equipment, fuel, tools, supervision and other items and services necessary to ensure that grounds maintenance is performed at U.S. Army Corps of Engineers Old River Overbank, Low Sill, and Auxiliary Control Structure in a manner that will maintain healthy grass, trees, shrubs, and plants and present a clean, neat, and professional appearance. Quantities listed in this contract are estimates only for the maximum amount per contract period and are not guaranteed to be awarded. The structures (collectively referred to as the Old River Complex) are located on State Highway 15, approximately 15 miles north of the junction of State Highway 1 and State Highway 15 in Lettsworth, Louisiana.

1.2 Quantities specified in the CLINS for pricing are only estimates based upon historical data and not guarantees of a specific number of mowings, etc under this contract.

1.3 The Service Contract Act applies to work performed under this contract. The applicable

Wage Determination for the Concordia Parish area is attached.

1.4 DEFINITIONS.

1.4.1 Contracting Officer - The term “Contracting Officer” means the person executing this contract on behalf of the Government, and any other officer or civilian employee who is properly designated Contracting Officer.

1.4.2 Contractor – The “Contractor” is the individual or firm whose proposal is accepted by the U.S. Army Corps of Engineers and who has gained responsibility of performing the duties governed by this contract’s Performance Based Work Statement and all other contract requirements. The Contractor will be responsible for ensuring all subcontractors comply with the provisions of this contract.

1.4.3 Contracting Officer’s Technical Point of Contact – The term “Contracting

Officer’s Technical Point of Contact”, hereafter referred to as the TPOC, as used in this contract refers to the Government Employee(s) designated by the Contracting Officer to perform day to day administration and quality assurance duties required to ensure Contractor’s compliance with the requirements of this contract. This is normally the Supervisor of the facility who is either a Lock Master or Field Foreman or another employee of the facility designated in writing.

1.4.4 Performance Based Work Statement – The term “Performance Based Work

Statement or PBWS” as used in this contract refers to the section of the contract that provides a description of the work or duties to performed, qualifications of Contractor and/or employees, contract specifications, quality control and assurance, safety requirements, security requirements, and any/all other descriptions/requirements to be followed by the Contractor in the performance of the contract requirements.

1.4.5 Quality Control – The term “Quality Control or QC” as used in this contract refers to action taken by the Contractor and/or their personnel to document, inspect, and control performance of services to ensure they meet the specifications and requirements of this contract.

1.4.6 Quality Assurance – The term “Quality Assurance or QA” as used in this contract refers to action taken by the Government to ensure the Contractor’s quality control system is functioning and effective and that the Contractor is providing services which are in accordance with this contract.

1.4.7 Quality Deficiency Report – The term “Quality Deficiency Report or QDR” as used in this contract refers to any written record of unsatisfactory performance by the Contractor as observed by the quality assurance inspection. This written record can be email or any other written correspondence documenting unsatisfactory performance.

1.4.8 Quality Assurance Plan – The term “Quality Assurance Plan or QAP” refers to the section of the PBWS that describes the method of Government surveillance, measurable objectives for contract performance, threshold for acceptable performance, and penalties or action that will be taken by the Government for unsatisfactory performance.

1.4.9 Herbicide – The term “Herbicide” means (1) any substance or mixture of substances intended for preventing growth of or destroying vegetation (2) any substance or substances intended for use as a plant regulator, defoliant, or desiccant. All herbicides used in the performance on this contract require the submission of a MSDS to the TPOC for approval by the Government prior to use.

1.4.10 Material Safety Data Sheet – The term “Material Safety Data Sheet or MSDS” refers to a fact sheet summarizing information about material identification;

hazardous ingredients; health, physical, and fire hazards; first aid; chemical reactivities and incompatibilities; spill, leak, and disposal procedures; and protective measures required for safe handling and storage.

1.5 PERFORMANCE REQUIREMENTS

1.5.1 Mowing Grounds. Grass shall be cut on approximately 10 acres of improved grounds, and 707 acres of semi-improved grounds, and are outlined and numbered on the grounds maintenance drawing in Appendix B. Grass clippings shall be removed or mulched when visible after mowing. Mowing shall be performed according to the frequency required in Appendix A “Frequency of Work” and to a height between 1.5 to 3 inches in areas 4A, 7, 11A and 13 (10 acres), between 3 to 5 inches in areas 1, 2, 5, 6, 11, 16 & 18 (205 acres) and areas 8 and 11B (58 acres), and between 4 to 6 inches in areas 3, 4, 9, 10, 12, 14, 15 and 17 (444 acres), as indicated on the grounds maintenance drawing. Grass shall be of uniform cut without break, indentation, roughness, or other irregularity. The Contractor is not required to remove weeds. Weeds shall be mowed to the same height as the adjacent grass. Ruts from mowing equipment are unacceptable and covered under the PBWS QASP. The Contractor is totally responsible for scheduling work as required to meet this requirement. Refer to Appendix A.

The estimated acreage for each area is as follows:

*Area 1 = approximately 69 acres. *Area 10 = approximately 7 acres.

*Area 2 = approximately 8 acres. *Area 11 = approximately 32 acres.

*Area 3 = approximately 244 acres. *Area 11A = approximately 2 acres.

*Area 11B = approximately 21 acres *Area 4 = approximately 69 acres. *Area 12 = approximately 10 acres.

*Area 4A = approximately 2 acres. #*Area 13 = approximately 2 acres.

*Area 5 = approximately 6 acres. *Area 14 = approximately 30 acres.

*Area 6 = approximately 24 acres. *Area 15 = approximately 26 acres.

#*Area 7 = approximately 4 acres. *Area 16 = approximately 41 acres.

*Area 8 = approximately 37 acres. *Area 17 = approximately 37 acres.

*Area 9 = approximately 21 acres. *Area 18 = approximately 25 acres.

# Area 7 is the office and storage areas of the Old River Overbank and Low Sill C.S.

# Area 13 is the office and storage areas of the Old River Auxiliary C.S.

1.5.2 Security Fence. Where applicable, a three foot-minimum strip shall be mowed along the outside and adjacent to the fence located on the perimeter of the reservations. Fence lines shall be kept clear of undesirable vegetation.

1.5.3 Edging and Trimming. Edging shall include removal of vegetation from cracks in walkways, driveways, and curbs within ½ inch of the edged surface.

Grass shall be trimmed around trees, shrubs, buildings, poles, posts, fire hydrants, parking lot bumper blocks, along flowerbeds and fences, and other fixed landscape features. Trimming height shall match surrounding area grass height. All areas shall be edged and trimmed concurrent with mowing (i.e.

edging and trimming will not be performed unless mowing is also performed).

Edging and trimming shall be performed according to frequency stated in table in Appendix A.

1.5.4 Damage to Government Property. Damage to Government facilities and equipment, including but not limited to piezometers, surveying monuments, fences, and utility manholes or pull boxes, will be repaired by the Government at the Contractor’s expense. Damage to trees and shrubs from trimming shall be repaired by the Contractor at his/her own expense. If a plant should die or become unhealthy due to damage caused by the Contractor, the Contractor will be responsible for replacing the damaged plant with a plant of same size and type at no expense to the Government, except that mature trees shall be replaced with saplings. Plant replacement shall occur within 15 days of the Contractors receipt of written notification of the damage. Written notification may be email or faxed letter.

1.5.5 Trash and Debris Removal. The Contractor shall perform general litter patrol in all areas to be mowed or trimmed, each day that mowing or trimming is to be performed. Responsibilities shall include, but not be limited to, the removal and disposal of all natural debris weighing less than 40 pounds in a single piece (tree limbs, dry brush, rodent habitats, dead animals, etc.), and man-made debris, with particular attention paid to any debris that could become dangerous if thrown by a mower blade. Debris weighing in excess of 40 pounds in a single piece (fallen trees, displaced stone from riprap areas, etc.) shall be noted and reported to the Contracting Officer’s Technical Representative for removal and disposal by the Government. During the dormant season, fallen leaves shall be removed or mulched during each mowing. At other times leaves shall be removed or mulched as necessary. All debris and trash shall be removed from the site and disposed at an off-site location in accordance with local, state, and Federal regulations. The cost of performing these services shall be included in the applicable contract price for mowing.

1.5.6 Repair Damaged Areas. Grassy areas damaged by Contractor vehicles, equipment, or chemicals, or by erosion, drought, insects, or plant diseases shall be seeded, sprigged, or sodded as appropriate to meet the standards of surrounding areas. Damaged areas will be repaired such that the new vegetation matches the type of surrounding vegetation. Repairs to damage caused by the Contractor will be performed at the Contractor’s own expense. Repairs to damage caused by weather, insects, diseases, etc. will be paid by the Government and are not covered under this contract.

1.5.7 Herbicide Application. Herbicide shall be applied in areas that total approximately 24.5 acres. These areas consist of a riprap (rock) areas and are indicated on the grounds maintenance drawing as areas 19 through 30.

Applications shall be performed according to the frequency required in Appendix A “Frequency of Work”. Herbicide shall also be applied in areas where mechanical methods of plant control are impractical, ineffective, or unsafe. The Contractor shall exercise caution during application so that the herbicides do not injure desirable plants, trees, or shrubbery in the vicinity. All spraying operations shall be coordinated and approved by the TPOC to ensure that non-essential personnel are not present in the area at the time spraying is performed, and that any overspray or windblown chemicals do not pose a hazard to unprotected personnel. Any herbicide used in the control of unwanted vegetation shall contain GLYPHOSATE as an active ingredient and shall be recommended for weed control near open waters in accordance with Federal, State, and local requirements. Tank mixture shall be in accordance with label rate for spraying broadleaf-vegetation. Prior to the application of any herbicide, the Contractor shall submit applicable MSDS sheets to the TPOC for approval by the New Orleans District Safety Office. The estimated acreage for each area is as follows:

*Area 19 = approximately .27 acres. *Area 25 = approximately 1.6 acres.

*Area 20 = approximately .45 acres. *Area 26 = approximately 4.0 acres.

*Area 21 = approximately .08 acres. *Area 27 = approximately 3.7 acres.

*Area 22 = approximately .45 acres. *Area 28 = approximately 4.8 acres.

*Area 23 = approximately .25 acres. *Area 29 = approximately 5.3 acres.

*Area 24 = approximately 1.6 acres. *Area 30 = approximately 2.0 acres.

1.5.8 Herbicide Application in Lieu of Other Methods of Plant Control. If the Contractor elects to use herbicides in lieu of mechanical or other means for weed/grass control in any area not already identified for herbicide use, approval shall be obtained from the TPOC prior to application of the herbicide. Prior to the application of any herbicide, the Contractor shall submit applicable MSDS sheets to the TPOC for approval by the New Orleans District Safety Office.

Herbicides used in these areas shall be supplied by the Contractor at his/her own expense, and will not be made the basis for any claim for additional compensation.

1.6 ADVERSE CONDITIONS. Adverse conditions may affect the performance of the work.

The following are various types of conditions that may occur. The list is in no particular order, and does not include all possible adverse conditions:

1.6.1 Imminent Hurricanes. When the Government reservation is in the area where a tropical storm or hurricane is predicted to strike, the Contractor shall be required to make his/her own determination of whether or not he wishes to commit resources to contract performance or make preparations for the storm, which should include the securing or removal of Contractor equipment from the work site. Given the uncertain nature of hurricanes, if a hurricane is predicted to strike the area, and does not do so, the Contractor will not be penalized for failure to perform during that period of time.

1.6.2 Thunderstorms. No work will be performed during a thunderstorm.

1.6.3 Rainfall. During a rain and for a period of time up to several days afterwards, depending on the intensity and duration of the rainfall, the ground may be too soggy to use grounds maintenance equipment without causing ruts in the ground, which would be considered damage to be repaired. Some areas of the reservation may dry more quickly than others, and grounds maintenance shall be performed, if necessary, in those areas even if the remainder of the reservation is too wet as long as at least half of the reservation’s area is dry enough.

1.6.4 Flooding. The Government reservation is located adjacent to one or more waterways that could rise out of their banks, causing all or part of the reservation to be inundated. If flooding only affects part of the reservation, and conditions on the rest of the reservation are adequate for the Contractor to work, then the Contractor shall perform what required work is possible, and will be paid only for the portion of the work actually performed.

1.6.5 Other Government or Contractor’s Activities. At certain times during the course of the contract, operations and/or maintenance work may be needed that may interfere with grounds maintenance. See the “Coordination of Work” in paragraph 4.14 of this PBWS.

1.6.6 Security Requirements. See the “Security Requirements” in Section 4.8 of this

PBWS for a description of how security considerations may affect the contract.

2. CONTRACTOR-FURNISHED SERVICES

PERMITS AND LICENSES. The Contractor shall, at its own expense, obtain any licenses or permits that are required to perform the duties of this contract, including pesticide applicators’ licenses issued by the State of Louisiana, safety training certificates, drivers’ licenses for Contractor vehicles, etc.

The Contractor shall comply with all current local, state, Federal laws and regulations and shall comply with any subsequent changes to laws and regulations that may occur during the life of the contract.

The Contractor shall provide any and all tools and supplies, fuel, herbicide, etc. necessary to maintain his/her equipment and/or perform the work.

The Contractor shall provide his/her own telephone services. Cellular telephones are permitted, but the Contractor is advised that not all Government reservations in the New Orleans District are within range of all cellular service providers. The use of cellular telephones by Contractor employees while operating motorized or mechanized equipment is prohibited.

The Contractor shall provide potable water for consumption by his/her employees.

If Government sanitary facilities are not available, the Contractor shall provide adequate sanitary facilities for his/her employees’ use at his/her own expense.

The Contractor shall provide the TPOC at the work site with Material Safety Data Sheets (MSDS) for any hazardous materials that he intends to use on-site. The Contractor shall conduct a safety briefing for the Government personnel on-site prior to the first use of the hazardous materials, in which the information listed on the MSDS concerning safe exposure limits, possible health hazards, and the actions to be taken in case of accident or injury.

2.7 The Contractor at his/her own expense shall provide anything else not specifically identified, as being provided by the Government.

3. GOVERNMENT FURNISHED SERVICES

3.1 The services that the Government will provide to the Contractor on-site are limited as follows.

3.1.1 Safety Equipment. The Contractor may use permanent safety equipment such as eyewash stations if the need arises. However, the Government will not provide any personal safety equipment such as safety goggles, hard hats, hearing protection, etc., or portable safety equipment such as fire extinguishers, first aid kits, etc., which shall be provided by the Contractor at his/her own expense.

3.1.2 Sanitary Facilities. If the work site has sanitary facilities (bathrooms) on-site (some normally unmanned facilities don’t have bathrooms) then the TPOC will designate one bathroom for the Contractor’s use. The Contractor does not gain exclusive use of this bathroom, but must share it with Government personnel and/or other Contractors. The intent of this is not the Contractor’s convenience, but rather the Government’s convenience, so that the Contractor’s personnel do not disrupt operations in other areas.

If the work site does not have a bathroom, the Contractor shall make his/her own arrangements for sanitary facilities for his/her workers.

3.1.3 On-site Storage. On-site storage of tools and equipment is not generally available.

However, open storage (not covered or enclosed) may be available upon request for tractors or other large equipment that is to be used on the contract. If such a storage area is requested and provided, the Government will not accept responsibility for the safety or security of any equipment stored there. Any equipment stored at the site must be intended for use at the site. Any equipment stored on-site that remains idle for any reason, including breakdowns, for a period in excess of one month, shall be promptly removed from the site. All Contractor equipment shall be removed promptly at the end of the contract prior to final payment. Fuel and other hazardous materials shall not be stored on the Government reservation by the Contractor. A Government-provided storage site shall not be used for equipment maintenance other than fueling. The Contractor shall be responsible for maintaining the storage site to at least the same standards as the rest of the grounds. Damage to grassy storage areas due to fuel, or oil spills or leaks shall be treated as if damaged by chemicals as per the “Repair Damaged Areas” paragraph 1.5.6 of this PBWS.

3 GENERAL INFORMATION

3.1 QUALITY CONTROL. The Contractor shall develop, submit for the Contracting Officer’s approval, and maintain a quality program to ensure grounds maintenance services are performed in accordance with established standards of Professional Grounds Management Society (http://www.pgms.org), American Society of Landscape Architects (http://www.asla.org), and the local Parish extension office (refer to the Louisiana Cooperative Extension Service’s Internet site at http://www.agctr.lsu.edu/inst/extension/parish/lcesmap/lcesmap.asp to find the appropriate Parish office). The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. As a minimum the Contractor shall develop quality control procedures addressing the areas identified in paragraph 5.9, Service Delivery Summary.

3.2 QUALITY ASSURANCE. The government will evaluate the Contractor’s performance in accordance with the Quality Assurance Surveillance Plan, by means of a joint inspection by the TPOC and a representative of the Contractor following the completion of each mowing cycle. The inspection will note whether the work performed is complete and satisfactory. Items that are unsatisfactory will be identified, including a notation whether or not the work is correctable. If the work is correctable, the Contractor will be given the option of correcting the work at no additional cost to the Government. See the paragraph entitled “Quality Assurance Surveillance Plan (QASP) for work that is both unsatisfactory and non-correctable or for work that is unsatisfactory and correctable but that the Contractor fails to correct.

3.3 SCHEDULING. The Contractor shall, prior to the start of all work under this contract other than the initial site inspection, which may be performed first, prepare a schedule of anticipated work cycles for the entire active period of the contract. The schedule shall take into account the total quantity listed in the Performance Work Statement for each item of work. The Contractor may, and is encouraged to, consult with the TPOC in charge of the work site during the preparation of the schedule. The schedule shall be submitted for approval to the Contracting Officer, and no work under the contract (except for inspections of the site and/or equipment) shall be performed until approval of the schedule is granted. The schedule shall be revised whenever it becomes necessary, such as for extended periods of inclement weather, and schedule modifications shall also be submitted to the Contracting Officer for approval.

3.4 SUPERVISION BY CONTRACTOR. During progress of the work, the Contractor shall at all times give his/her personal supervision to the work or provide a competent foreman with written authority to act for the Contractor. No work shall be performed unless the Contractor or his/her foreman is on-site at the time. The foreman can be, but need not be, the same person as the Contractor’s Site Safety and Health Officer (See “Required Safety Training” Section 4.7 below).

3.5 PRE-WORK CONFERENCE. A Pre-work Conference shall be held between the

Contractor and the TPOC prior to starting work on this contract or the start of work after the exercise of an option year on this contract. This conference shall be held at a place (which may or may not be on-site) and time identified by the Contracting Officer. A written notice to proceed will be provided to the Contractor by the Contracting Officer after all pre-work requirements are satisfied. Contractor will not begin performance until notified for the base or applicable option period (authorization must be signed by the Contracting Officer).

3.6 INITIAL SITE INSPECTION. The drawings that are a part of this contract are believed to be accurate. However, due to the scale of the drawings, some features that may affect the work are not necessarily shown. Acreages listed are compiled from a combination of planimetering of topographic drawings and field measurements and are approximate as stated. Deviation between stated approximate acreages and actual acreages outlined on the drawings shall not be considered as a basis for claim for additional compensation. Prior to the start of work under this contract, the Contractor shall perform a site inspection, and identify any features of the site that may affect the course of the work. The Contractor shall mark up the site plan drawing to note the locations and/or description of any of these features that are not already shown; that he believes will affect the work. One copy of the annotated drawing shall be given to the Contractor’s foreman in charge of the work, and be kept available on the worksite for the Contractor’s reference whenever work or inspections are performed. One copy shall be given to the TPOC for use during joint inspections. One copy shall be given to the Contracting Officer for the official contract file. Features that should be marked include, but are not limited to:

3.6.1 Piezometers, surveying monuments and markers, manholes or pull boxes, and other permanent features that need to be protected from damage or that may damage Contractor equipment and must be trimmed around rather than being run over with a mower, or which cannot easily be mowed around.

3.6.2 Storage area for Contractor equipment, if requested and granted.

3.6.3 Slopes that pose a rollover danger to Contractor equipment.

3.6.4 Areas that may be subject to flooding, including low areas that may be subject to standing water or saturated ground after a rainstorm, which may have to be excluded during some mowing cycles.

3.6.5 Trees, hedges, shrubbery, and/or flowerbeds that do not appear on the drawings will need to be trimmed or edged around.

3.7 SAFETY

3.7.1 All work performed under this contract shall be in accordance with the requirements of the U.S. Army Corps of Engineers Safety Manual – EM 385-1-1. The following are minimum requirements that must be submitted and approved by the Government as part of the Contractor’s Safety Plan prior to the Contracting Officer providing a notice to proceed (NTP) for work to be performed under this contract.

EM 385-43(A) (Accident Prevention Plan Checklist) EM 385-43 (Accident Prevention Program Administrative Plan) EM 385-43(B) Accident Prevention Program, Hazard Analysis) Designation of Site and Health and Safety Officer (See additional information below) Certification of completion for OSHA 10 hour class (See additional information below)

3.7.2 Contractor is required to review the current edition of the EM 385-1-1 and ensure that all requirements are satisfied. These forms are available from the New Orleans District Safety Office, the Contracting Officer, or from the following website:

http://www.mvn.usace.army.mil/safety/safetyforms.htm. The 10 hour OSHA training course can be completed online at the following website:

http://www.mvn.usace.army.mil/safety/training.htm.

3.7.3 Paragraph 01.A.17 of the 3 November 2003 Edition of EM 385-1-1, the

US Army Corps of Engineers Safety and Health Requirements Manual, requires that all Contractors working on a Corps of Engineers project, including those not performing construction-type work, have a Site Safety and Health Officer who has completed a 10-hour OSHA Construction Safety Class or an approved equivalent within the past three years. The Site Safety and Health Officer can be, but need not be, the Contractor’s foreman (See “Supervision by Contractor”, PWBS paragraph 4.4). The Contractor will not be permitted to work under this contract unless and until the following conditions have been met:

3.7.3.1 At least one Contractor employee has successfully completed the required safety training within the past three years;

3.7.3.2 A trained person is present on the job site whenever work is being performed under this contract; and

3.7.3.3 The trained person on-site has the authority and

responsibility to enforce safety requirements, including procedures, personal protective equipment, etc. for all Contractor personnel on the job site.

3.7.3.4 To ensure compliance with these training requirements, the

Contractor shall submit copies of the appropriate safety training certificates to the District Safety Officer through the Contracting Officer and also to the Government field foreman in charge of the work site prior to the start of work under this contract. These certificate copies will become part of the Contracting Officer’s permanent contract file.

3.7.3.5 It is important to note that the safety training certification is only valid for a period of three years from the date the training is completed. Since this contract may extend for a period of up to five years, if the options are exercised, the training may need to be retaken at least once, and possibly twice, during the contract period. If the certification expires before the end of the contract period, the Contractor will not be allowed to work under this contract until the Site Safety and Health Officer successfully renews his/her certification or a new Site Safety and Health Officer with a current and valid safety-training certificate is designated.

3.7.3.6 NOTE: As a courtesy, the US Army Corps of Engineers, New Orleans District, presently provides the OSHA 600 safety-training course through its Internet site (the address of the site is http://www.mvn.usace.army.mil/ss/osha600/s600) free of charge. Contractors who wish to avail themselves of this training are welcome to do so. However, the minimum training required for Contractors working on this contract is an OSHA 500-series course, or an equivalent approved by the District’s Safety Officer. The various OSHA 500-series courses are not available from the New Orleans District at this time. Such training is available for a fee from various commercial training sources. Because OSHA safety training is also valuable to potential Contractors for other contracts besides Government contracts, the Government will not reimburse the Contractor for complying with the safety training requirements.

3.8 SECURITY REQUIREMENTS.

3.8.1 Application: Furnish to the Contracting Officer a list showing, for employees and representatives who are expected to work at the site.

Include the name, address, date and place of birth, social security number, proof of citizenship, and, for anyone who is not a United States citizen, an alien registration number. Promptly notify the Contracting Officer of any changes to the list.

3.8.2 Proof of Citizenship - Proof of citizenship will consist of copies of unexpired passports, birth certificates, military dependent ID card, or naturalization papers, which will be returned once the information is entered into the District Security Office’s computer system.

3.8.3 Background Checks. The Security Office may elect to run a criminal history check on Contractor employees, depending on the location and type of work to be performed under the contract. The need for a background check will depend on several factors, but the Contractor is advised to assume that such a check will be required unless specifically told otherwise by the Contracting Officer. As a condition of employment, each employee must willingly sign an authorization form allowing the Security Office to conduct a criminal history check, even if such a check is not required at the beginning of the contract, in case the need arises later due to changing security requirements. The Security Officer will maintain the authorization forms on file. Based on proof of citizenship and the results of the criminal history check, if performed, the Security Officer will determine whether or not to grant the employee entry to the Government reservation. If entry for any employee is denied, the Contractor will be immediately notified.

3.8.4 Identification Badges - All Contractor employees and subcontractor employees shall have on their persons at all times, current and valid photo identification. A driver’s license or State-issued identification card (for non-drivers) will meet this requirement. Failure to carry a valid photo ID may be grounds for excluding the affected employee(s) from the Government reservation.

3.8.5 Vehicles and Equipment - In addition to other conditions and requirements set forth hereinbefore, attention is invited to the fact that vehicles and equipment admitted to the Government reservation will be required to meet vehicle safety inspection standards established by the State and/or locality where the vehicle is registered. Vehicles, whether company-owned or privately-owned, that are brought onto the

Government reservation are subject to search at any time, to detect firearms, explosives, drugs, or other contraband being brought onto the reservation, or to detect theft or pilferage from the Government reservation.

3.8.6 Temporary Work Stoppage: At high Force Protection/Threat Condition levels, the Government may require the Contractor to temporarily cease work and may deny the Contractor access to the Government reservation.

The Contractor will not be entitled to additional compensation for such security-mandated work stoppages.

3.8.7 Contractor Responsibility for Employees - The Contractor is responsible for all employees under his/her employment, including subcontractors.

The Contractor shall not claim ignorance of his/her employees’ actions as a means of avoiding responsibility for failure to comply with safety and/or security requirements.

3.8.8 Equipment Markings. Equipment owned or rented by the company shall have the company name painted or stenciled on the equipment in a conspicuous location. Rented equipment is to be conspicuously marked with a tag showing who rented the equipment, in addition to the painted or stenciled name of the equipment owner.

3.8.9 Current Information - Contractors will be responsible for keeping the vehicle and employee lists current, and keeping the Contracting Officer notified of any changes.

3.8.10 Unmanned Facilities. If the Government reservation to be maintained under this contract is nominally unmanned, then the Contractor will be required to contact the TPOC at least one workday in advance to make arrangements for site access.

3.9 MOTOR VEHICLE OPERATION.

3.9.1 Traffic accidents on the Government reservation involving Contractor vehicles (including privately-owned vehicles used by Contractor employees) shall be reported immediately to the Contracting Officer, regardless of the amount of damage done or who is at fault for the accident.

3.9.2 All personnel entering the Government reservation are subject to random vehicle inspections. The purpose of these inspections is to detect the theft of Government and private property, to detect contraband or illegal drugs, and to detect weapons and explosive devices. Failure to inspect does not constitute permission to carry prohibited items.

3.9.3 Required Information on Privately Owned Vehicles - Advise company employees who desire to use their privately-owned vehicles to personally bring the vehicle, vehicle registration, copy of vehicle insurance policy, valid state inspection documentation, and valid driver's license to the District Security Office at the New Orleans District reservation prior to first using the vehicle for commuting to the field location. NOTE: The vehicle must be registered in the same state in which the owner is licensed, and meet all State requirements, including proof of insurance, vehicle inspection decals, etc.

3.9.4 PHOTOGRAPHY. Unofficial photography is prohibited on the Government reservation. Photographs, including film or digital still photos and video, required for contract purposes, such as before-and-after photographs of work performed, are permitted. Complete copies of all photography taken for contract purposes shall be made available to the Contracting Officer for documentation purposes. Any photographs taken for contract purposes shall not be released in any form to the public or any member of the public without the expressed written permission of the Contracting Officer.

3.10 SAFETY MANUAL. All mowing, edging, trimming, and cleanup operations performed under this contract shall be in strict accordance with the applicable sections of the latest edition of the "U.S. Army Corps of Engineers Safety and Health Requirements Manual", EM 385-1-1, in the 3 November 2003 edition. If a new edition is published during the course of the contract, the 2003 edition will remain in force until the expiration of the current year (base or option) of the contract. The new edition will go into effect at the time the next option is exercised.

3.11 ACCIDENT PREVENTION. Contractor shall be required to complete and submit

LMN Form 385-6-R “HAZARD ANALYSIS” and LMN Form 385-28-R “SAFETY INSPECTION FOR MISCELLANEOUS EQUIPMENT” prior to commencement of any work. The Contractor shall submit these forms to the Contracting Officer for review by the New Orleans District’s Safety Officer. Once approved and kept on file at the work site for future reference. Forms along with guidance can be obtained from the TPOC.

3.12 EQUIPMENT INSPECTION. At the beginning of the contract or prior to the first mowing after the exercise of an option period, the Contractor’s equipment will be jointly inspected for safety compliance by the TPOC and the Contractor. All equipment must meet the applicable requirements of EM385-1-1 (See the clause above entitled “Safety Manual”) and all current local, state, and Federal safety requirements. The purpose of this inspection is to ensure that unsafe equipment is not used on a Government reservation, and allows the Contractor an opportunity to observe the way that the Corps of Engineers performs a safety inspection. The Contractor retains all responsibility for making sure his/her equipment is safe to use. Following the initial safety inspection, the Contractor shall inspect his/her equipment prior to each day’s use.

3.13 PAYMENT. Payment will be made monthly under the following conditions:

3.13.1 The Contractor submits a correct invoice for the work that was actually performed. Original invoice is to be mailed to the payment office at the address in the contract and one copy marked as copy to the TPOC so that a Receiving Report may be prepared.

3.13.2 The invoice is to be on company letterhead, including all invoicing requirements of the contract’s FAR clause 52.212-4 and itemizes the work performed, the dates the work was performed, and the contract prices for the work performed. Disputed items (see “Price Adjustments” below) shall not be invoiced until the dispute is resolved.

3.13.3 Price Adjustments. In the event of adverse conditions such as inclement weather, flooding, drought, etc., or change in site conditions due to construction work, etc., that prevent the Contractor from performing all or part of the work required during any given mowing cycle, payment will be a percentage of the contract price for the area(s) affected according to the percentage of work actually performed. The percentage of work that was actually performed will be determined by mutual agreement between the Government and the Contractor, if possible, during the joint inspection following the mowing cycle. If a consensus cannot be reached at that time, the disagreement will be subject to the "Disputes" clause of this contract (FAR 52.212-4), and the disputed amount will not be invoiced or billed to the Government until such time as the dispute is resolved.

3.14 COORDINATION OF WORK. The Contractor is advised that during the course of this contract, the Government may undertake other work at the site, either…