18T0111_Amend_10_DEC_18.pdf

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

Solicitation hereby amended to replace the Statement of Work w ith the attached, revised Statement of Work dated 12/10/2018. All previous versions are obsolete. No quotes w ill be accepted if submitted prior to this amendment. All amendments must be acknow ledged.

**PROJNET WILL BE OPENED BACK UP FOR QUESITONS FOR 24 HOURS FROM DATE AND TIME OF AMENDMENT POSTING ONLY. NO additional quesitons w ill be accepted after that time.** Responses to questions and any updates, if needed, w ill be posted NO LATER THAN

THURSDAY, 13 DECEMBER 2018.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 16

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

16C. DATE SIGNED

BY 10-Dec-2018

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 W912PM18T0111

X 9B. DATED (SEE ITEM 11)

17-Sep-2018

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

10-Dec-2018

CODE

U S ARMY CORPS OF ENGINEERS, WILMINGTON

WILMINGTON DISTRICT

ATTN: CONTRACTING DIVISION

69 DARLINGTON AVE

WILMINGTON NC 28403-1343

W912PM 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912PM18T0111

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 11-Dec-2018 02:00 PM to 18-Dec-

2018 02:00 PM.

SUPPLIES OR SERVICES AND PRICES

CLIN 0002

The CLIN extended description has changed from:

The contractor shall remove hanging limbs, leaning trees, and stump removal throughout the United States Virgin Islands IAW athe attached Statement of Work (SOW).

To:

The contractor shall remove hanging limbs, leaning trees, and stump removal throughout the United States Virgin Islands IAW athe attached Statement of Work (SOW).*Hanger quantities consist of each tree location and do not reflect the actual total number of hangers. Contractor shall invoice and will be paid for each location that includes up to 3 hangers under this CLIN. The contractor will be paid the same rather there is 1 hanger or 3 in a given location.

*For amount of hangers over 3 per location, please see CLIN 0012 and Statement of Work.

The pricing detail quantity has increased by 15.00 from 1,333.00 to 1,348.00.

CLIN 0003

The contractor shall remove hanging limbs, leaning trees, and stump removal throughout the United States Virgin

The contractor shall remove hanging limbs, leaning trees, and stump removal throughout the United States Virgin

CLIN 0004

The contractor shall remove hanging limbs, leaning trees, and stump removal throughout the United States Virgin

The contractor shall remove hanging limbs, leaning trees, and stump removal throughout the United States Virgin

CLIN 0005

The contractor shall remove hanging limbs, leaning trees, and stump removal throughout the United States Virgin

The contractor shall remove hanging limbs, leaning trees, and stump removal throughout the United States Virgin Islands IAW athe attached Statement of Work (SOW).*Hanger quantities consist of each tree location and do not reflect the actual total number of hangers. Contractor shall invoice and will be paid for each location that includes up to 3 hangers under this CLIN. The contractor will be paid the same rather there is 1 hanger or 3 in a given location.

*For amount of hangers over 3 per location, please see CLIN 0013 and Statement of Work.

CLIN 0006

The contractor shall remove hanging limbs, leaning trees, and stump removal throughout the United States Virgin

The contractor shall remove hanging limbs, leaning trees, and stump removal throughout the United States Virgin

CLIN 0007

The contractor shall remove hanging limbs, leaning trees, and stump removal throughout the United States Virgin

The contractor shall remove hanging limbs, leaning trees, and stump removal throughout the United States Virgin

CLIN 0008

The contractor shall remove hanging limbs, leaning trees, and stump removal throughout the United States Virgin

The contractor shall remove hanging limbs, leaning trees, and stump removal throughout the United States Virgin Islands IAW athe attached Statement of Work (SOW).*Hanger quantities consist of each tree location and do not reflect the actual total number of hangers. Contractor shall invoice and will be paid for each location that includes up to 3 hangers under this CLIN. The contractor will be paid the same rather there is 1 hanger or 3 in a given location.

*For amount of hangers over 3 per location, please see CLIN 0014 and Statement of Work.

CLIN 0010 is added as follows:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 1 Job Concrete Repair

Up to 36 feet of concrete repairs shall be made in six (6) different locations throughout all three (3) Islands.

FOB: Destination

NET AMT

CLIN 0011 is added as follows:

0011 1 Job Fence Repair

Up to 36 feet of fencerepairs shall be made in six (6) different locations throughout all three (3) Islands.

CLIN 0012 is added as follows:

0012 50 Each Hangers - > 3 per location - ST. CROIXContractor shall price per unit for additional hangers found over the 3 listed within CLIN 0002. Payment will be made under this CLIN for hangers found over 3 per location. Contractor must follow procedures under 2.0 within the Statement of Work in order to receive payment. **PRICE SHALL REFLECT THE COST PER HANGER.

CLIN 0013 is added as follows:

0013 50 Each Hangers - > 3 per location - ST. JOHN

Contractor shall price per unit for additional hangers found over the 3 listed within CLIN 0005. Payment will be made under this CLIN for hangers found over 3 per location. Contractor must follow procedures under 2.0 within the Statement of Work in order to receive payment. **PRICE SHALL REFLECT THE COST PER

HANGER.

CLIN 0014 is added as follows:

0014 50 Each Hangers - > 3 per location - ST. THOMAS

Contractor shall price per unit for additional hangers found over the 3 listed within CLIN 0008. Payment will be made under this CLIN for hangers found over 3 per location. Contractor must follow procedures under 2.0 within the Statement of Work in order to receive payment. **PRICE SHALL REFLECT THE COST PER

HANGER.

DELIVERIES AND PERFORMANCE

The following Delivery Schedule item for CLIN 0002 has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

120 dys. ANP 1,333 EMERGENCY MANAGEMENT DIVISION

STEPHAN VITHALANI

69 DARLINGTON AVENUE

WILMINGTON NC 28403

910-251-4943

K7R3000

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

120 dys. ANP 1,348 EMERGENCY MANAGEMENT DIVISION

STEPHAN VITHALANI

69 DARLINGTON AVENUE

WILMINGTON NC 28403

910-251-4943

K7R3000

INSPECTION AND ACCEPTANCE

The following Acceptance/Inspection Schedule was added for CLIN 0010:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

N/A N/A N/A Government

The following Acceptance/Inspection Schedule was added for CLIN 0011:

The following Acceptance/Inspection Schedule was added for CLIN 0012:

The following Acceptance/Inspection Schedule was added for CLIN 0013:

The following Acceptance/Inspection Schedule was added for CLIN 0014:

The following have been modified:

PRE-AWARD INFORMATION

1. Contracts shall be awarded to responsible prospective contractors only. Before award, to be determined responsible, a prospective contractor must:

a. Have adequate financial resources to perform the contract, or the ability to obtain them;

b. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and government business commitments;

c. Have a satisfactory performance record;

d. Have a satisfactory record of integrity and business ethics;

e. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them;

f. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

g. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

2. Each Bidder shall, upon request of the Contracting Officer, furnish information on any or all of the above areas so that the Contracting Officer can make an affirmative determination of responsibility or nonresponsibility.

(End of Paragraph)

PRE-AWARD INFORMATION

Before award, to be determined responsible, the low quoter must submit the following information within three days of request:

a. Current Financial Statement

b. Completed Small Business Subcontracting Plan (LARGE BUSINESS ONLY)

STATEMENT OF WORK

STATEMENT OF WORK

HURRICANES IRMA AND MARIA DISASTER

HANGERS, LEANERS AND STUMPS

U.S. VIRGIN ISLANDS

Revised 10 December

1.0 GENERAL

The purpose of this contract is to provide hanging limbs, leaning trees and stump removal throughout the United States Virgin Islands of St. Croix, St. John and St. Thomas generated by affects from the 2017 hurricanes Irma and Maria.

2.0 DESCRIPTION OF WORK

The Contractor shall provide all management, supervision, labor, tools, and equipment necessary to remove and reduce hanging limbs, leaning trees and stumps that have been previously validated as eligible by the Government. A list of all locations will be provided to the Contractor including unit type, coordinates and description of location. The Contractor shall work only in areas designated by the Contracting Officer’s Representative (COR), and shall not enter onto private property during the performance of this contract.

Contractor shall work from right of way (ROW) areas and provide traffic control for leaners, hangers and stumps locations. It will be the responsibility of the contractor to provide traffic control and coordinate with local officials.

The following totals are for each Island:

St Croix: 1348 Hanger Locations, 63 leaners and 19 stumps St John: 52 Hanger Locations, 13 leaners, and 0 stumps St Thomas: 534 Hanger Locations, 22, leaners, and 2 stumps

*Hanger quantities consist of each tree location and do not reflect the actual total number of hangers.

Contractor shall invoice and will be paid for each location that includes up to 3 hangers under the CLINs 0002, 0005 and 0008. The contractor will be paid the same rather there is 1 hanger or 3 in a given location.

The Government understands that some locations will have more than 3 hangers. The proper procedures for the Contractor to receive compensation over 3 is as follows:

1. Immediately stop work, on the location in question. The contractor may proceed to the next location while working through the remaining steps.

2. Document the findings in the form of a report and pictures as applicable.

3. Contact the Government Representative and assist in coordinating a site visit for the Government’s purposes of confirming those findings.

4. Wait for approval and guidance on how to proceed.

5. After receiving approval based on the Government’s confirmation, perform those services in accordance with the Contract and this Statement of Work.

*Payment for quantities above the 3 hangers per location must be invoiced against CLIN 0012, 0013 and/or 0014. For these locations the contractor will get paid for the first 3 under CLINs 0002, 0005 and 0008.

Payment will not be approved for services performed without following the above steps and without receiving Government approval.

3.0 LEANERS

The Contractor shall remove hazardous leaning trees (leaners) 6” or greater in diameter (measured 4.5 feet above ground) from public property and Right-of-Way (ROW), as identified by the Government as eligible for Federal Emergency Management Agency (FEMA) reimbursement. Disaster damaged trees leaning more than 30 degrees from vertical (this does not include trees that are leaning out from edge of road side embankments) and trees with more than 50% of the canopy damaged shall be considered a leaner. Leaners shall be removed, transported and reduced on Debris Management Site DMS areas. The quoted price shall include removal, transportation, (to DMS areas for STT and STX) and reduction of each leaner on the list provided by the Government. Leaners shall be cut to within 2 inches of top of ground surface, and the top saw cut into 4” squares, 2” deep to allow for decay. All leaners on St John shall be water hauled to St Thomas DMS on a daily basis for reduction at the DMS. Reduction of leaners at the DMS areas shall be as describe in section 6.

4.0 HANGERS

The Contractor shall remove hazardous hanging limbs (hangers) over 2 inches in diameter (measured at the point of break) from public property and the ROW, as identified by the Government as eligible for FEMA reimbursement. The contractor shall cut as close as possible to the first health lateral limb or trunk to preserve the health of the tree and avoid future hazardous conditions. If hangers are five feet or more from a lateral limb or trunk the contractor may make a 45 degree cut two feet inward from the break to ensure a healthy area to allow new growth. The Contractor employees performing these task must have experience and safety training to perform these tasks. Equipment may be required and must meet safety requirements found in the EM 385-1-1 latest edition. Hanger removal generally will require the utilization of lift equipment and/or workers trained and experienced in climbing. See paragraph 2.0 and CLINs 0012, 0013 and 0014 for further guidance and procedures in order to receive compensation for quantities above 3 in a single location. The quoted price shall include removal and reduction per location (reference attached Excel files for locations.) For this action each hanger in the list provided by the Government is considered a “location”. All hangers 2” or greater shall be removed from that location. In areas that the material can be chipped in-place without causing a safety hazard, to include excessive noise or a nuisance (i.e. chips blown onto private property or pavement), maybe spread out over the Right of Way area to less than 3” in depth.

Chipping at the location shall reduce the hangers to 3” or less in size. In all other areas, Hangers shall be transported to the DMS for reduction. Reduction of Hangers at the DMS site, and processed as stated in section 6.

The government will not provide a staging area on STJ. However the contractor may acquire a staging area for storing roll-offs prior to transportation or to consolidate material prior to water hauling to the STT DMS for his own use. Reduced material shall be combined with leaners and stump-reduced material as describe in section 6.0.

5.0 STUMPS

The Contractor shall extract and reduce all stumps as designated in the list provided by the Government.

The method of removal is to be determined by the Contractor as long as it follows proper safety, federal and local regulations and guidelines.

5.1 The contractor shall remove dirt and stones from the root ball. The removed material shall be placed back into the hole created by the stump removal. The Contractor shall place backfill material in ruts/holes created by the Contractor’s equipment and stump removal. The ground surface shall be permanently restored to original grade and slope, with grass seed applied to the area. Backfill material shall be a mixture of sand and organic material. The cost of all backfill material and placement shall be absorbed costs and will not be eligible for separate payment. The quoted price shall include removal, reduction and disposal per stump.

5.2 Not used

5.3 For STT and STX stump locations, the quoted price shall include removal, transportation to the DMS staging area, processing at the DMS location, and stockpiling of the material. Stumps shall be processed as describe in section 6.0.

5.4 Concrete Repair – (CLIN 0010)

The Contractor shall repair damaged to concrete caused by removal of material as indicated above.

Concrete thickness is 4” with expansion joints located every 6 feet. The repairs will consist of up to 36 feet of concrete at 6 different locations. Four are located on St. Croix and two are located on St.

Thomas. The ground shall be smooth and compacted before concrete is poured.

5.5 Fence Repair – (CLIN 0011)

The Contractor shall repair damage to fencing cause by the removal of material as indicated above.

Fencing shall be repaired to commercial industry standards and shall consist of a similar material and design as the original fencing. The condition of this repair shall be equal to or greater than the condition is was in prior to removal of material.

6.0 SERVICES

6.1 The Contractor shall provide all necessary management, equipment, and labor for hanging limbs, leaning trees and stump removal.

6.2 The contractor shall either place material in the ROW as previously described. For material hauled to the DMS it shall be consolidated into one location and placed in wind rows. Wind rows requirements are described in section 6.2.2.

NOTE: The contractor shall not take any material to the landfill. All material will be required to be reduced, and spread in the ROW or left in Wind rows at the DMS sites.

6.2.1 The contractor may at their discretion chip in place and leave reduced debris along the Right of Way in thicknesses of three (3) inches or less. Material chipped in place shall be 3” or less on longest dimension.

No chipping will be allowed in areas that the operation could a safety hazard, to include excessive noise or a nuisance (i.e. chips blown onto private property, commercial property or pavement).

6.2.2 The contractor may at their discretion haul the unprocessed material to the STT DMS known as Cancryn, or the STX DMS also known as Body Slob. The contractor will be allotted a space up to 40,000 square feet at Body Slob and a space of up to 10,000 Square feet. The material shall be left in wind rows that are no taller than 9’ high and 12’ wide, the pile may be as long as needed to store the material. The material left at Body Slob shall not be larger than 14”x2”x2”, and the material left at Cancryn shall not be larger than 14x2”x2”. The area that is used at the DMS by the contractor shall be restored by the contractor. The area used should be leveled to provide positive drainage and no ponding. The area shall be seeded with a beneficial seed to prevent erosion of material.

6.2.3 Before the contractor begin work in each DMS, the contractor, the Government, and the contractor managing the DMS shall meet together and prepare a Baseline assessment report. The purpose of this report to document the conditions before the contractor mobilizes to the DMS. The report will be used to determine if the site has been restored to original conditions. The Report will consist mostly of pictures.

The Pictures need to include not only the area the contractor will be using but also the access roads in and out, and any other areas that could be damaged by the contractor. The contractor shall prepare the report and provide to all three parties.

6.2.4 It will be the responsibility of the contractor to provide daily hauling of material from STJ to STT DMS.

6.3 During the chipping operations, reduced debris shall be contained such that debris or dust is not scattered in a manner that would pose a risk to the workers, Government personnel or the general public. The public roadways shall be swept clean of debris as a result of the chipping operation at each location.

7.0 PERFORMANCE SCHEDULE

7.1 The Contractor shall commence mobilization 14 days from receipt of Notice to Proceed (NTP). The contractor shall work throughout the daylight hours, seven (7) days per week, including holidays. The contract period of performance is 150 days from Notice to Proceed.

The contractor shall have a sufficient amount of crews and number of employees to fulfill all requirements in accordance with the contract specifications. The Contractor shall work only one (1) Island at a time.

Separate crews working on two (2) Islands simultaneously will not be permitted.

It is the Government’s recommendation and preference that the contractor work on the St John Island first to reduce travel to and from St John’s Island. However the order of work is at the discretion of the contractor in coordination with the designated Government representative for this contract on scheduling operations.

7.2 Not Used

7.3 Weekly coordination meetings between all parties shall occur as directed by the COR.

7.4 The Contractor shall designate one Operations Manager as the main point of contact for the Government throughout the entirety of the contract.

8.0 EQUIPMENT

8.1 All equipment must be in compliance with all federal, state, and local rules and regulations. The Contractor shall also submit proof of ownership or proof of access to the equipment capable of completing described work in this SOW.

8.2 Trucks and other heavy equipment designated for use under this contract shall be equipped with two signs, one attached to each side. These signs shall be furnished by the Contractor. Magnetic signs are not permitted. The signs shall contain the following information:

a. Company Name

b. Truck Number

c. Inspector’s Name and Date

9.0 OPERATIONS PLAN

The Contractor shall submit an operations plan to the COR and Contracting Officer within seven (7) days after receipt of Award and include at a minimum the following information:

a. Organizational Structure and Key Personnel

i. Management to field supervisory level

ii. Division of responsibilities

iii. Letters of commitment

b. Technical Approach and Methodology

i. Mobilization of personnel and equipment

ii. Work schedule and hours

iii. Quality control plan

iv. Leaners removal method

v. Hangers removal method

vi. Stump removal method

vii. Chipping or reducing method of material (both in field and at the DMS)

viii. List of proposed equipment to be used

10.0 REPORTING

10.1 The Contractor shall maintain daily current records providing factual evidence that required quality control (QC) activities have been performed. These records shall include the work of subcontractors and shall be on an acceptable form that include, at a minimum, the following information:

a. Contractor’s Name

b. Contract Number

c. Daily and Cumulative Units Completed

d. Daily and Cumulative Units for CKIN 9 (separate from above)

e. Coordinates, Address, or Description of Locations Completed

f. All operating equipment with hours worked, idle, or down for repair

g. Job safety evaluations stating what was checked and instructions or corrective actions taken

h. Daily inspection reports of all equipment including trucks and other equipment

i. Instructions given/received and conflicts with approved plans and/or specifications

j. These records shall include a list of any subcontractors working on the project; the number of personnel working; weather conditions encountered; and any delays encountered. The original and one copy of these records in report form shall be furnished to the Government daily, except that reports need not be submitted for days on which no work is performed. Reports shall be signed and dated by the on-site manager.

k. Daily reports shall be named “STX L/H/S QC Daily YYYYMMDD”. Where YYYY is the year, MM is the month, and DD is the day of the month. Were as the ISLAND symbol shall be used for that Island’s Daily STT L/H/S and STJ L/H/S

10.2 The Contractor shall submit a digital version of the daily report to the COR by 0700 of the calendar day following the day work was accomplished for each day of the term of the contract. The submittals can be in the form Word, PDF, or Excel.

11.0 SAFETY

11.1 The Contractor shall identify an individual employed by the company as the full time on-site Safety Manager. This person shall spend time between the operating sites. The Safety Manager shall ensure that all safety provisions as specified herein refer to the most recent edition of EM 385-1-1. The latest edition of EM 385-1-1 may be accessed at http://www.usace.army.mil/safetyandoccupationalhealth.aspx

11.2 Accident Investigations and Reporting. Refer to EM 385- 1-1, Section 01.D. Accidents shall be investigated and reports completed by the immediate supervisor of the employee(s) involved and reported to the Contracting Officer or his/her representative immediately and the accident report submitted on ENG Form 3394 within one working day after the accident occurs. All data reported must be complete, timely and accurate. A follow-up report shall be submitted when the estimated lost time days differs from the actual lost time days.

11.3 Within seven (7) days after receipt of contract award, a searchable digital version (PDf format) of the

Accident Prevention Plan (APP) shall be submitted to the Contracting Officer for review and acceptance.

The APP shall be written in English by the Prime Contractor for the specific work and hazards of the contract, and implementing in detail the pertinent requirements of the most recent edition of EM 385-1-1 will be reviewed and found acceptable by the Government. The Contractor shall address each of the elements in the outline contained in the order they are provided in the manual. If by nature of the work an item is not applicable, the Contractor shall state and provide a justification for why that element is not applicable.

11.4 The APP shall be developed by qualified personnel and shall be signed in accordance with EM 385-1-1.

The Contractor shall be responsible for documenting the qualified person’s credentials. The Contractor’s APP shall be job-specific and shall include work to be performed by subcontractors and measures to be taken by the Contractor to control hazards associated with materials, services, or equipment provided by suppliers.

11.5 The Contractor shall not commence physical work at the site until the APP has been accepted by the

Contracting Officer, or his/her authorized representative.

11.6 A daily tailgate safety meeting shall be conducted each morning prior to each day's activities. The daily safety meeting shall include the hazards expected with each day's activities and the mitigation measures for each hazard shall be discussed. The Contractor Safety Plan may be referenced for mitigation measures and shall include the signatures of all in attendance i.e. contractor employees, Army, FEMA, VITEMA, or any other person that may enter the site. The contractor shall note daily tailgate topic and attached signatures of attendees if QC personnel are not present to the daily to ensure tailgate meetings are occurring.

11.7 The Contractor understands and acknowledges that work will be performed in congested areas. The

Contractor shall employ flagmen and other necessary measures to protect the public and shall be fully responsible for securing safety equipment/devices and for implementing safety measures in performing the work under this contract. The Contractor shall provide necessary traffic control devices and measures.

12.0 PROTECTION OF EXISTING STRUCTURES, EQUIPMENT, AND UTILITIES

12.1 The Contractor shall preserve and protect all structures, equipment, vegetation, and utilities at or adjacent to work sites, which are not to be removed and which do not unreasonably interfere with the work required at work sites. The Contractor shall repair any damage to those facilities, including those that are property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

12.2 The Contractor shall be responsible for verifying the locations and depths of all utility crossings and take precautions against damages which might result from the operations. If any damage occurs as a result of the operations, the Contractor shall be required to suspend work until the damage is repaired and approved by the Contracting Officer or representative. Costs of such repairs and downtime of the operation and attendant plant shall be at the Contractor’s expense.

13.0 ENVIRONMENTAL PROTECTION

13.1 The Contractor shall comply with all applicable local, territorial, and Federal laws and regulations concerning environmental issues. The Contractor shall take proper steps to protect the uplands, beach, and open waters from environmental damages of any kind.

13.2 In the event, historically or archaeologically, significant materials (or evidence thereof) are discovered during the implementation of the project, project activities in the vicinity of the discovery shall be halted until such time as FEMA, in consultation with the Virgin Islands State Historic Preservation Office, determines that appropriate measures have been taken to ensure the project is in compliance with the National Historic Preservation Act. The contractor shall also immediately contact the COR and Contracting Officer after work has stopped. The Government representative will work closely with the contractor on schedule impacts pertaining to this type of discovery.

13.3 In the event that human remains (e.g. unmarked graves, burials, etc.) are uncovered, construction activities in the vicinity of the discovery shall immediately halt, the site secured, and reasonable measures taken to avoid or minimize harm to the finds. The Virgin Islands Territorial Emergency Management Agency, Virgin Islands State Historic Preservation Office and FEMA (also the coroner/medical examiner and local law enforcement) shall immediately be notified of the discovery for further guidance. After those authorities are contacted, the contractor must also immediately contact the COR and Contracting Officer after work has stopped. The Government representative will work closely with the contractor on schedule impacts pertaining to this type of discovery. Work within the vicinity of the finds may not resume until consultations are completed or until an archaeologist who meets the Secretary of Interior’s Professional Qualification Standards determines the extent and historical significance of the discovery.

14.0 SECURITY

14.1 All Contractor and all associated sub-contractor’s employees shall comply with applicable local security policies and procedures (provided by Government representative). The Contractor shall also provide all information required for background checks to meet local security policies and procedures. 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.

14.2 The Contractor and all associated sub-contractors shall receive a brief training provided by the requiring activity 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 project manager, security representative or law enforcement entity. This training shall be completed within seven (7) days of contract award and within seven (7) days of new employees commencing performance with the results reported to the COR no later than five (5) days after completion of training.

14.3 The Contractor must pre-screen employees using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Contractor must ensure that the employee 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 employee must be provided to the COR no later than three (3) days after the initial contract award.

15.0 OTHER CONSIDERATIONS

15.1 The Contractor shall supervise and direct the work, using skillful labor and proper equipment for all tasks.

Safety of the Contractor’s personnel and equipment is the responsibility of the Contractor. Additionally, the Contractor shall pay for all materials, personnel, taxes, and fees necessary to perform under the terms of this contract.

15.2 The Contractor shall be responsible for taking corrective action in response to any notices of violations issued as a result of the Contractors or any subcontractors’ actions or operations during the performance of this contract. Corrections for any such violations shall be at no additional cost to the Government.

15.3 The Contractor shall be responsible for control of pedestrian and vehicular traffic in the work area. The

Contractor shall provide all flag persons, signs, equipment, and other personnel and equipment shall be in addition to the personnel and equipment required in other parts of this contract. Work shall be accomplished in a safe manner in accordance with municipal, state, county and OSHA standards.

15.4 The Contractor may request a period of performance extension due to inclement weather. All requests will be carefully reviewed and must be approved by the Contracting Officer.

15.5 The Contractor shall employ as many local residents and subcontractors as possible as part of this contract.

15.6 The Contractor shall conduct the work so as not to interfere with the response and recovery activities of local governments or agencies, or of any public utilities.

16.0 PAYMENT

For payment, each location will be inspected by the Government to verify all debris has been reduced or removed properly and to confirm quantities. The Contractor shall leave the work area in a clean and orderly condition satisfactory to the Contracting Officer. Payment will be made in arrears and in accordance with the Prompt Payment Act. Please see referenced contract payment terms for more information.

17.0 PROPOSAL FORMAT

The Contractor shall complete and return the pricing schedule included within the solicitation. The Contractor shall provide supporting documentation with its price proposal in sufficient detail for the Government to understand the means and methods to be employed by the Contractor and to determine the price reasonableness of the Contractor’s offer.

18.0 NOTICE TO PROCEED

Once all permits, Accident Prevention Program, schedule and other requirements are in place, the Contractor will be issued a NTP by the Contracting Officer and shall commence mobilization immediately after NTP. All work shall be completed within 150 days of the NTP.

(End of Statement of Work)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

Award shall be made to the lowest priced technically acceptable offer. Technical acceptability shall be defined as evidence of:

PAST EXPERIENCE:

a) Offerors are required to submit prior experience of recent and relevant contracts/projects. Contracts/Projects can be performed with Federal, State, local or private companies. Government contracts are preferred but not required.

b) Contracts/Projects that are relevant are defined as those that are similar to the requirements of the Statement of Work (SOW). Contracts/Projects that are recent are defined as those that have been completed within the last five

(5) years.

c) A minimum of two (2) contracts/projects shall be provided to include: contract number, title of project, detailed description of work performed, and Point of Contact. Please do not submit more than five (5) contracts/projects.

d) In order for an Offeror to be determined technically acceptable, the offeror must show previous experience with the type of work described in the SOW. Offerors must show previous experience on a minimum of two (2) contracts/projects.

EQUIPMENT: Offerors are required to submit documentation of proof ownership or access of equipment capable of completing described work in this SOW to include: a bucket truck, chipper, grinder, and back-hoe.

Quotes will either be deemed “acceptable” or “unacceptable”, as per the table below.

ADJECTIVAL RATING DEFINITION

Quotes deemed “unacceptable” will be deemed non-responsive and not considered for award. A quote must be “acceptable” to be considered for award. The lowest priced quote that is technical “acceptable” will be in line for award.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

(End of Summary of Changes)

Acceptable (A) Quote clearly meets the minimum requirements of the solicitation.

Unacceptable (U) Quote does not clearly meet the minimum requirements of the solicitation.