W912PM19T0048_AMD 1_21NOV19.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 as follow s:

a) Clarify, update w ording w ithin the Technical Provisions.

b) Update the Projnet Inquirey w ording to remove a date that is no longer applicable.

c) Update the site visit date to Monday, Dec 2, 2019 at 9AM.

d) Update the combined synopsis/solication language to clarify the evaluation approach indicating a best value trade-off approach instead of a low est priced technically acceptable approach w hile maintaining simplified procedures.

e) See attached summary of changes.

1. CONTRACT ID CODE PAGE OF PAGES

1 63

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

16C. DATE SIGNED

BY 21-Nov-2019

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 W912PM19T0048

X 9B. DATED (SEE ITEM 11)

12-Nov-2019

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 X is extended, 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

21-Nov-2019

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:

W912PM19T0048

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 12-Dec-2019 11:00 AM to 13-Nov-2019 11:00 AM.

SECTION B - SUPPLIES OR SERVICES AND PRICES

The following have been modified:

PROJNET

Solicitation/Technical Inquiries via ProjNet

1. Solicitation/Technical Inquiries.

a. Inquiries are to be submitted via Bidder Inquiry at the ProjNet website at https://www.projnet.org <https://www.projnet.org> .

b. If you have technical problems accessing the Bidder Inquiry via the ProjNet website, contact the ProjNet Help Desk at 1-800-428-4357 (HELP). This number is for technical issues accessing the website ONLY.

2. Read this paragraph in conjunction with contract provision FAR 52.214-6, “Explanation to Prospective Bidders”.

3. Any prospective bidder/offeror desiring an explanation or interpretation of the solicitation, drawings specifications, etc., must request it in writing via Bidder Inquiry in ProjNet within no less than ten (10) calendar days prior to the date of bid opening or receipt of proposals. The Government reserves the right to decline addressing questions received less than ten (10) calendar days prior to receipt of bid opening or receipt of proposals.

4. No Inquiries will be accepted by the Bidder Inquiry system within ten (10) calendar days prior to the date of bid opening. However, you may still access the Bidder Inquiry system to view answers/replies to previous inquiries until the bid opening.

5.ProjNet - Bidder Inquiry module.

a. To submit and review bid inquiry items, bidders/offerors will need to be a current registered user or self-register into system. To access Bidder Inquiry, go to the ProjNet web page at http://www.projnet.org <http://www.projnet.org> and click the “Quick Add” link. Once at the Quick Add screen, select agency USACE, enter Bidder Inquiry Key for this solicitation listed below, and bidder’s/offeror’s e-mail address, then click login. If this is bidder’s/offeror’s first time logging in they will be taken to the Bidder Inquiry Create Account screen to self-register. Fill in all required information and click create user. Verify that information on next screen is correct and click continue. Please remember your Secret Question Answer and email address used for future access to this website.

b. From this page you may view all bidder/offeror inquiries under Reports or post a new inquiry under Submit.

c. Bidders/Offerors will receive an acknowledgement of their question via email, followed by another email notification that an answer to their question has been posted after it has been reviewed by our technical team and responded to by a Contracting Officer. It is the responsibility of the Bidder/Offeror to check their junk email and email delivery options to ensure delivery of these acknowledgement emails.

d. Bidders/Offerors are responsible for checking bid inquiry items.

e. Bidders/Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The name of the submitter or firm is not published for the public on the report of all Bidder Inquiries. Bidders/ Offerors are on notice of, and assumed to be aware of, all inquiries, responses, and information posted in the Bidder Inquiry System up to the date of bid submission, whether the inquiry was generated by the Bidder themselves or another potential Bidder/ Offeror. Bidders are responsible for incorporating all such information into their bid, or for requesting further clarification."

6. Solicitation Information:W912PM19T0048

Bidder Inquiry Key: BZH2E7-4FPY4S

**ALL QUESTIONS MUST BE SUBMITTED NO LATER THAN 9/30//2019 AT 10AM EST.

(end)

TOTALS

NAME:

SOLICITATION NUMBER:

NAME OF PROJECT:

SUMMARY OF PRICE FOR BASE AND OPTION YEARS

This must be completed and attached to your quote.

Base Year – Off - Peak Price $ ________________ Base Year – Peak Price $ ________________ Base Year – Level II </= $5,000 *DO NOT BID THIS CLIN** $ _10,000 EST ___ Base Year – Level II > $5,000 *DO NOT BID THIS CLIN** $ _10,000 EST ___

Base Year – Total Estimated Contract Amount $ ________________

Option Year 1 – Off - Peak Price $ ________________ Option Year 1 – Peak Price $ ________________ Option Year 1 – Level II </= $5,000 *DO NOT BID THIS CLIN** $ _10,000 EST ___ Option Year 1 – Level II > $5,000 *DO NOT BID THIS CLIN** $ _10,000 EST ___

Option Year 1 – Total Estimated Contract Amount $ ________________

Option Year 2 – Off - Peak Price $ ________________ Option Year 2 – Peak Price $ ________________ Option Year 2 – Level II </= $5,000 *DO NOT BID THIS CLIN** $ _10,000 EST ___ Option Year 2 – Level II > $5,000 *DO NOT BID THIS CLIN** $ _10,000 EST ___

Option Year 2 – Total Estimated Contract Amount $ ________________

Option Year 3 – Off - Peak Price $ ________________ Option Year 3 – Peak Price $ ________________ Option Year 3 – Level II </= $5,000 *DO NOT BID THIS CLIN** $ _10,000 EST ___ Option Year 3 – Level II > $5,000 *DO NOT BID THIS CLIN** $ _10,000 EST ___

Option Year 3 – Total Estimated Contract Amount $ ________________

Option Year 4 – Off - Peak Price $ ________________ Option Year 4 – Peak Price $ ________________ Option Year 4 – Level II </= $5,000 *DO NOT BID THIS CLIN** $ _10,000 EST ___ Option Year 4 – Level II > $5,000 *DO NOT BID THIS CLIN** $ _10,000 EST ___

Option Year 4 – Total Estimated Contract Amount $ ________________

TOTAL BASE AND OPTION YEARS $ ________________

NAME:

Summary of Costs by Year by Technical Provision

Technical Provision

Base Year

Off Peak

Base Year Peak

Option Year 1

Off Peak

Option Year 1 Peak

Option Year 2

Off Peak

Option Year 2

Off Peak

Option Year 3

Off Peak

Option Year 3 Peak

Option Year 4

Off Peak

Options Year 4 Peak

TP 2

TP 3

TP 5

TP 6

TP 7

TP 9

TP 10

TP 12

TP 13

TP 14

TP 17

TP 21

Total

NAME:

Summary of Productive Labor Hours by Technical Provision

Technical Provision

Base Year Off

Peak

Base Year Peak

Option Year 1

Off Peak

Option Year 1 Peak

Option Year 2

Off Peak

Option Year 2

Off Peak

Option Year 3

Off Peak

Option Year 3 Peak

Option Year 4

Off Peak

Options Year 4 Peak

TP 2

TP 3

TP 5

TP 6

TP 7

TP 9

TP 10

TP 12

TP 13

TP 14

TP 17

TP 21

T o t a l

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

NOTES

This requirement will be met with a firm fixed price contract.

Invoicing will be monthly per DFARS 252.204-7006 either at the peak or off-peak contract line item (CLIN) unit price for Level I Services. Level II Services will be invoiced monthly for any services that were performed under TP 2.29.2.

**For each 12 month performance period, there are 7 peak months and 5 off-peak months.

There are two CLINs for each year to cover these differences in the types of months. Peak and Off Peak months are defined in TP 1.20.

SCOPE OF WORK

OPERATIONS AND MAINTENANCE

DESCRIPTIONS, SPECIFICATIONS AND PERFORMANCE WORK STATEMENT

PHILPOTT LAKE

TP–1, GENERAL INFORMATION

Purpose: The purpose of this contract is to provide the maintenance, repair and operation of Philpott Lake Project as described below.

TP-1.1 Scope of Work: It is the intent of the following technical provisions to procure for the Government the complete and efficient maintenance and repairs on the Philpott Lake Project. The Project’s facilities include one

(1) Visitor Assistance Center, nine (9) formal recreation park areas, approximately 9 miles of trails, 100 miles of shoreline, 2,880 surface acres of reservoir waters, Visitor Center security and fire systems, numerous operational areas and structures, forestry and wildlife lands, all Corps owned and GSA vehicles, vessels, and equipment, the dam and related structures. The Contractor shall furnish all necessary management, personnel, materials, supplies, replacement parts, fuel, lubricants and other items as necessary to accomplish requirements as specified in this document in a an efficient and cost effective manner. All materials, supplies, and equipment not rented or owned by the Contractor and provided by the Government through this contract are considered Government property. Please refer to FAR 52.245-1 for further clarification. Work under this contract shall be performed under the general coordination with the Authorized Representative of the Contracting Officer. The Contractor shall assure that all services are conducted in accordance with the contract and all applicable laws, regulations, codes, or directives. Performance shall be in accordance with all Terms, Conditions, Technical Provisions, Drawings, Appendices, and Attachments contained herein or incorporated by reference.

Procuring Contracting Officer: The Procuring Contracting Officer (PCO) has the overall responsibility for administration of this contract. The PCO has the authority to administer, terminate, or modify the contract. The PCO is responsible for ensuring that all necessary actions are taken to achieve effective contract administration and that the Contractor complies with the provisions of the contract. Some responsibilities may be delegated to a COR.

Contracting Officer’s Representative (COR)/ Authorized Government Representative: The COR provides feedback to the PCO in the administration of the contract requirements. The COR maintains direct communication with the Contractor and verifies that the Contractor performs the technical requirements of the contract. The COR accepts and approves services performed under the contract and may redirect the Contractor on any item or work requirement pending correction of a deficiency.

Quality Assurance Representative (QAR) and Specialized Inspectors (SI): The QAR/SI receives and reviews Contractor submittals, plans, charts, and reports. Verifies accuracy and completeness and recommends appropriate action to the COR. Performs random inspections to determine if the contract requirements are being met and if the Contractor’s Quality Control Plan is being implemented effectively. Advises the COR of contract status, deficiencies, recommended actions and other information pertinent to the administration of the contract.

Contractor Employees: All Contractor personnel utilized in performance of the contract shall be legal residents of the United States. Personnel shall be able to read, write, speak, and understand the English language to the extent necessary in adequately reading and understanding regulations and instructions to complete and safely perform the contract services. The Contractor shall provide personnel to perform the contract requirements within specified time frame required by the contract and shall meet all variations, shift schedules and changes as may be required to respond to the requirements of the contract. All persons performing under the contract shall remain employees of the Contractor and not of the Government. The Corps’ district commander has the authority to ban people from having access to government property and facilities, including contractor employees, who are deemed potential threats to the health, safety, security, general wellbeing or operational mission of the project and its personnel or the general public. The COR may require the Contractor to take immediate action to provide a substitute for any banned employee for all work requiring access to federal property or facilities. The banning from the job site of such person shall not relieve the Contractor of the requirement to perform. Compliance with the OSHA and other applicable laws and regulations for the protection of employees is exclusively the obligation of the Contractor. Further, the Government will assume no liability or responsibility for the Contractor's compliance or noncompliance with such requirements. Contractor employees working with the Philpott Lake Project will be required to receive a background investigation. Contractor employees are allowed to work after information is submitted and can continue to work unless derogatory information is found during background check that necessitates restriction or removal of the employee.

Contract Personnel Identification and Appearance: Contractor personnel shall present a neat appearance and be easily recognized as Contractor employees. The Contractor shall provide each employee with a uniform (i.e.

pants and shirt) bearing the name of the corporation located on the left shirt pocket. Uniforms shall be worn by the Prime Contractor employees at all times while performing work under this contract and all contractor employees (both prime and subcontractor) shall be distinct from the public and Government personnel.

Employee Conduct: Contractor personnel’s conduct shall not reflect discredit upon the U.S. Government, US Army Corps of Engineers, or Philpott Lake Project. The Contractor shall remove any employee for reasons of misconduct from the job site. The removal from the job site of such a person shall not relieve the Contractor of the requirement to provide sufficient personnel to perform adequate and timely service.

Contract Personnel Status: The Contractor is cautioned that off-duty active military personnel hired under this contract may be subject to permanent change of station, a change in duty hours, or deployment. Military Reservists and National Guard members may be subject to recall to active duty. The abrupt absence of these personnel could adversely affect the Contractor’s ability to perform; however, their absence at any time shall not constitute an excuse for nonperformance under this contract.

Employee Capability: All Contractor employees performing work under the contract shall be physically able to do their assigned work. The Contractor shall not allow any employee(s) under the influence of alcohol or incapacitated by restricted substances to perform any work. If an employee is found to be under the influence, the Contractor shall have them immediately removed and replaced so as not to affect performance of work.

Cooperation with Other Contractors and Government Personnel: The Contractor shall cooperate with other Contractors and Government personnel performing work on Government property. The Contractor shall be willing to adjust scheduling and performance to accommodate additional support if required by modification.

The Contractor shall avoid interfering with the performance of work by other Contractor or Government employees while not compromising health, safety, or security. Any disagreement or cause of delay shall immediately be brought to the attention of the COR.

Non-Personal Services: The Government shall neither supervise the Contractor employees nor control the methods by which the Contractor performs the required tasks, Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees, It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services> If the Contractor believes that any actions constitute , or are perceived to constitute personal services, it shall be the Contractor’s responsibility to notify the PCO immediately.

TP-1.2 Site of Work: Philpott Lake Project is located on the Smith River upstream from the town of Bassett in southwest Virginia. The project consists of 2,880 surface areas of water and approximately 5,720 acres of adjoining land. The lake impounds water in Henry, Patrick, and Franklin Counties and is approximately fifty (50) miles south of Roanoke, VA and sixty (60) miles north of Greensboro, NC.

TP-1.3 Maps and Drawings and Normal Duty Hours: All maps, drawings, and lists referenced in the following TPs that are not provided in the appendix of this document may be reviewed at the Philpott Lake Visitor Center located at 1058 Philpott Dam Road, Bassett, Virginia during the hours of 8:00 am – 4:30 pm Monday through Friday, excluding Federal Holidays. Normal duty hours for Philpott Lake are 8:00 am – 4:30 pm Monday through Sunday. The Contractor will be allowed to make copies of Government provided maps and drawings using Government equipment during duty hours only. All other reproduction needs of the Contractor will be at their own expense.

TP-1.4 Applicable Documents and References: The following individual standards and codes, manuals, and other documents shall apply to performance:

A. Underwriter’s Laboratories Inc.

National Electrical Code National Warm Air and Air Conditioning Association National Association of Fan Manufacturers National Fire Protection Association American Society of Heating, Air Conditioning, and Refrigeration Institution Sheet Metal Manufacturers Air Moving and Conditioning Association American Society of Heating, Refrigeration and Air Conditioning Engineers American Welding Society American National Standards Institute American Concrete Institute Portland Cement Associates Asphalt Institute American Institute of Steel Construction National Assn. of Architectural Metal Manufacturers National Plumbing Standards Code Illustrated Architectural Aluminum Manufacturers Association The Aluminum Association American Society for Testing and Materials Flat Glass Marketing Association American Association of Nurserymen, Inc. Architectural Graphic Standards Consumer Product Safety Commission's Public Playground Safety Guideline, Vols. I & II Southern Building Code

B. Equipment Manufacturers Repair and Operating Manuals

TP-1.5 Other Contracts: The Government may award contracts for additional or similar work. The Contractor shall cooperate with other Contractors and Government employees. The Contractor shall not commit or permit any act of interference in the performance of other Contractors or Government forces.

TP-1.6 Contractor's Facilities:

The Government will furnish the Contractor the following buildings:

Building Number Size Comments

1 Approx. 15’x 90’ Contractor’s Office - water, electricity & toilet

Facilities (storage areas shared with Government &

VDGIF)

2 Approx. 24’x 100’ Vehicle equipment shed with 9 stalls – electricity (shared with Government)

3 Approx. 12’x 16’ Storage

4 Approx. 20’x 24’ Metal Warehouse – electricity (shared with Government

5 Approx. 20’x 36’ Shop – electricity

12 Approx. 40’x 60’ Quonset - water, electricity & toilet facilities (shared with Government)

31 Approx. 10’x 12’ Open Tool Shed

63 Approx. 24’x 60’ Metal Warehouse – electricity (shared with Government

Utilities for listed facilities are provided by the Government. All structures except Building No. 1 are enclosed by a chain link security fence with lockable gate. The Contractor may modify these facilities to meet work requirements following prior approval by the COR.

The Contractor shall confine all operations (including storage of materials) on Government premises to areas approved by the COR. The Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor's performance.

Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by the Contractor only with the approval of the COR and shall be built with labor and materials furnished by the Contractor without expense to the Government. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed.

When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation.

When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.

TP-1.6.1 Facility Condition: The Government will provide the facilities in their current condition for use by the Contractor. The Government and Contractor will conduct an inspection of the facilities to be occupied by the contractor before the start and after completion of the contract to document the condition of the facility.

The Contractor shall be responsible for maintenance and repairs of the occupied facilities placed at his disposal.

The Contractor shall keep all facilities furnished by the Government in neat and orderly condition, free of hazards, at all times. The Contractor shall assume full responsibility for the safekeeping of facilities placed at his disposal and shall take adequate precautions to prevent or minimize fire hazards, odors, and vermin. At the completion or termination of the contract, and subsequent to a joint inspection by the Contractor and Government, these facilities shall be returned to the Government in the same condition as received with allowances made for reasonable wear and tear. The Contractor shall be held liable for any incurred repair costs caused through negligence on the part of the Contractor, subcontractor, or employee, to include any administrative and inspection costs necessary to repair the facilities. Any discovery of lead, asbestos, or similar hazardous materials within the facilities is to be reported to the COR and will be handled by the Government separate from this contract.

TP-1.6.2 Custodial Services: The Government does not provide custodial services for areas utilized by the Contractor; however, the Contractor is required to keep the facilities clean. Cleaning of shop and restrooms shall be completed weekly at a minimum.

TP-1.6.3 Housekeeping: All work areas operated by the Contractor, specifically the Government Furnished Facilities identified in TP-1.6 shall be inspected once per week for adequate housekeeping and findings recorded on weekly QC inspection reports. All work areas and means of access shall be maintained safe and orderly.

TP-1.7 Government Furnished Equipment (GFE): The Government will furnish the contractor with the equipment and tools listed in Appendix 1; however, the contractor shall provide their own equipment and tools to perform Level I Services over that which is provided as GFE or GFP for the tasks. See TP 1.7.1 for more information on Contractor Furnished Equipment. Any other use of Government equipment must be approved by the COR. In addition to the items listed in Appendix 1, there may be other equipment and tools available to the Contractor on an as need basis with approval from the COR, but availability or use of such items is not guaranteed nor should be depended on by the Contractor. All Government furnished equipment and tools that the Contractor used to perform any work specified in the I contract shall be hand receipted to, used, and maintained by the Contractor during the performance of work specified in this Contract. If a Government furnished equipment item is not available for Contractor use during the contract performance period, the procedures in TP-1.9 will be followed. The Contractor is responsible for all equipment and tools needed to perform the technical provisions of this contract outside of the items listed in Appendix 1. The Government will not furnish vehicles outside of those listed in Appendix 1.

TP-1.7.1 Contractor Furnished Equipment: The Contractor shall provide all tools, equipment, etc. to perform the tasks laid out in this statement of work except where use of GFE is authorized in this contract.

Tools and equipment furnished by the contractor may include but are not limited to: general equipment such as vehicles, trailers, lawn mowers, etc.; hand tools such as carpentry and landscaping tools; power tools such as drills, portable saws, sanders, portable generators, pneumatic and impact tools, chainsaws, weed eaters, leaf blowers, etc.; specialty tool such as drain rooters, multi-meters, measuring wheels, paint stripers, and transits;

and other items such as ladders, vacuums, GFE shall not be used to haul Contractor furnished equipment. The Contractor shall haul all Contractor furnished equipment with Contractor furnished vehicles and trailers unless use of GFE is authorized by the COR for a specific task. GFE should only be used for its intended purpose (i.e. the Government furnished dump truck should only be used for hauling large loads and plowing snow, not for daily driving).

All Contractor furnished equipment shall be marked with the Contractor’s name or as to distinguish it from Government own equipment. Contractor furnished equipment shall be stored separately from Government owned equipment.

TP-1.7.2 Vehicle Washing: All Contractor-owned vehicles and equipment used to perform contract services shall be washed in locations off Philpott Project property at sites determined by the Contractor.

TP-1.7.3 Fuel: The Contractor shall be responsible for providing fuel for all Contractor furnished equipment in performance of this contract. The Contractor shall pay fuel costs for all Government furnished equipment and vehicles while in the Contractor’ possession and use. The Contractor is required to record fuel levels (in a log) when checking out Government owned equipment or vehicles, and refuel them to pre-check-out levels prior to return. Fuel consumed by Government employees and volunteers will not be the responsibility of the Contractor.

TP-1.8 Damaged Government Furnished Equipment: In the event the Contractor damages any Government furnished equipment due to negligence, it will be the sole responsibility of the Contractor to replace any damaged or broken tools at the Contractor’s own expense. Damaged or broken tools and equipment shall be reported to the COR within 24 hours of damage, and the COR will perform an inspection of said item and document damage. The replacement will be of equal or greater quality than initially provided and the replacement(s) shall remain the property of the Government.

TP-1.9 Government Employee Use of Equipment: Government employees may schedule the use of any idle hand-receipted Government furnished equipment as long as the use does not interfere with the Contractor accomplishing all TPs found in this document. The Government will not schedule the use of equipment that creates a scheduling conflict with the Contractor unless it is an emergency. The use of Government furnished equipment by Government employees or volunteers is limited to eighty (80) hours per year. In the event an unexpected emergency occurs requiring the use of Government equipment by the Government, the Contractor is expected to relinquish control of the equipment until such time the Government does not need the equipment.

In the event that the Government requires the use of Government furnished equipment for longer than eighty

(80) hours, a suitable replacement will be provided to the Contractor or an allowable Level II Services charge for the replacement equipment during the non-availability period. The Government is responsible for repair of equipment damaged by Government or volunteer personnel.

TP-1.10 Safeguarding Government Property: The Contractor shall cooperate with Government personnel in safeguarding Government property. The Contractor shall ensure that all contract personnel are aware of the responsibility to be good stewards of Government property entrusted to them. The Contractor may be held liable for damaged or stolen Government property due to negligence. When it is determined that the Government is due compensation, the Contracting Officer will issue a written request to the Contractor. The Contractor shall be responsible for reporting to the COR, QAR, or any ranger on duty, all acts of vandalism, larceny, pilferage, or other damage within 24 hours after discovery by the Contractor. A quote detailing repair cost shall be submitted within three business days to the COR.

TP-1.11 Key Control: The Government will issue Contractor personnel keys to all locked areas that will be operated and maintained by the Contractor. The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the government are not lost or misplaced and are not used by unauthorized persons. Keys issued to the Contractor must not be duplicated. The Contractor shall immediately report any occurrences of lost or duplicated keys to the COR. The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees or personnel authorized by the COR.

TP-1.12 Communication: Within thirty (30) days of contract award, the Contractor shall procure a telephone line and sufficient cell phones to provide adequate telephone communications. The Contractor will furnish a cellular phone to enable communication between the Government and the Contractor’s superintendent. The Government will furnish six (6) portable (hand-held) radios. Contractor supervisors and each crew will carry a radio throughout the entirety of each shift for communication with each other, Government employees, volunteers, gate attendants, etc. Any routine repairs or replacements of these devices will be the responsibility of the Government. The Contractor will be financially responsible for any repairs or replacements due to Contractor negligence. The Contractor will be responsible for replacing radio batteries as needed so that radios remain charged throughout the entire shift.

Contractor supervisors and personnel while on call are permitted to take Government radios home after hours to better communicate with Government employees if needed.

TP-1.13 Interruptions: All work that requires an interruption of the use of the project, recreation facilities, buildings, or by the visiting public shall be fully coordinated and approved in advance by the COR.

Interruptions shall be kept to an absolute minimum, and all repairs, replacements of equipment or components shall be performed in an expeditious manner.

TP-1.14 Closure of Recreation Areas: Occasionally, recreation areas will be closed in their entirety, or partially, for safety concerns or other reasons. Closures for periods less than sixty (60) days will be communicated by the COR to the Contractor. Temporary closures of facilities or areas greater than sixty (60) days or permanent closures of facilities or areas will be handled by a separate contract action. The COR will notify the Contractor immediately upon knowledge of a closure to allow for proper coordination by the Contractor in determining the need for and duties of employees usually working at these locations.

TP-1.15 New or Consolidated Facilities: The Philpott Project is continually undergoing renovation and consolidation of recreation areas, which could cause the temporary or permanent closing of some public use areas or the increase, decrease, or alteration of facilities. The Contractor's work schedule shall be flexible in order to meet these changing requirements. Any additions of recreation facilities or parks, not already included in these technical provisions, will be handled under TP-2.19 Major Repairs or 2.29.2 Level II Services.

TP-1.16 Transporting Equipment & Materials: The Contractor will be required to transport Government equipment and materials for the use of Government employees and volunteers or to relocate Government property.

All costs related to transporting equipment, materials, and property that are not designated in this statement of work shall be charged to Level II Services per TP-2.29.2

TP-1.17 Pre-Work Conference: The Contractor shall attend a pre-work conference where the COR will establish the line of authority and Government procedures for contractual, administrative, and work matters. The schedule of required submittals and reports will also be discussed. The Contractor shall submit, in completed form, the following items:

A. Certificates of Insurance (in amounts specified) B. Letter of Authority for the Superintendent C. Letter(s) Appointing Quality Control Personnel

TP-1.18 Key Personnel and Plans Submittals: Within thirty (30) days after award, the Contractor shall furnish a list of key personnel, and separate plans of operation for the following:

A. Quality Control Plan B. Accident Prevention/Hazardous Analysis Plan C. Activity Hazard Analysis D. Subcontracting Plan E. Management Plan – Personnel Staffing, Operational Aspects (planning and organizing utilization of equipment and facilities), etc.

F. Security Plan G. Oil Spill Plan H. Hazardous Material Handling/Storage/Disposal Plan I. Lock-out/Tag-out Plan J. Confined Space Plan K. Bloodborne Pathogens Plan L. *Schedule Plan with Work Breakdown Structure M. *Pest Control Plan

*The Schedule Plan (L) and Pest Control Plan (M) shall be updated and resubmitted annually within thirty (30) days after the exercise of an option.

TP-1.19 Emergency Medical Services: Medical services for Contractor personnel are the responsibility of the Contractor.

TP-1.20 Peak/Off-Peak Months: Peak months shall be the seven (7) months from April 1 st through October st each year and Off-Peak months shall be the five (5) months from November 1 st through March 31 st each year. A peak month is a month of services where it is expected that there will be a seasonal increase in services needed to meet the operations and maintenance requirements due to the increased visitor usage of the Philpott Lake area and its associated campgrounds and recreational areas. An off-peak month is a month of services where it is expected there is a reduction in services due to the seasonal closure of Philpott Lake campgrounds and recreational areas. Contractor will focus on the off-season maintenance needs outlined in the technical provisions to maintain the Philpott Lake area in condition for the beginning of the next recreational high-use season. Contractor will determine its own staffing needs to meet the technical provision requirements whether during peak or off peak month.

TP-1.21 Transition: The Contractor shall ensure the continuity of service while implementing its transition plan for all affected activities to preclude any adverse impact on the mission. The Contractor shall implement the actions necessary for a smooth transition of operations. During this period, which shall not exceed fourteen (14) calendar days, the Contractor shall make all preparations and conduct as many on site investigations as deemed necessary to commence full performance of work under the contract. The Contractor shall provide a sufficient number of personnel to ensure effective transfer of all work in progress so as not to impact mission accomplishment. A Government and Contractor inspection and documentation of the condition of all Government furnished equipment, vehicles, and facilities shall be completed during this time so that an accurate account of all items can be documented. Any item or system requiring replacement or repair will be handled through a separate contract action. GFE maintenance will be current and in good working condition for the transition.

TP-1.22 Average Yearly Visitation: Philpott Lake receives around 250,000 visitors each year. Visitation numbers are averages only and vary from year to year. The following is Philpott Lake’s seasonal opening/closure dates for each park. This information is provided only to assist the Contractor in the solicitation.

Park Name Yearly Visitation Open/Close Date Philpott Park Open Year Round Bowens Creek May 1 – September 30 Goose Point Year Round/partial closure Nov. 1 – Mar. 31 Ryans Branch Open Year Round Runnett Bag Open Year Round Horseshoe Point May 1 – Sep. 30 Twin Ridge Open Year Round Salthouse Branch Apr. 1 – Oct. 31/ partial closure Nov. & Dec.

Franklin Co. Tailrace Open Year Round Deer Island Open Year Round

DESCRIPTIONS, SPECIFICATIONS AND PERFORMANCE WORK STATEMENT

PHILPOTT LAKE

TECHNICAL PROVISIONS

TP-2, MANAGEMENT

TP-2.0 Scope of work: Provide management services for all tasks related to the operation, maintenance, repair work included in this contract.

TP-2.1 Reference and Compliance Documents:

• ER 1130-2-550 - "Recreation Operations and Maintenance Policies", revised 30 January 2013 and companion EP.

• EM 385-1-1 - "Safety and Health Requirements Manual", 30 November 2014

• ER 700-1-1 - USACE "Supply Policies and Procedures"

• EP 1165-2-316 - "Rules and Regulations Governing Public Use of Corps of Engineers Water Resource Development Project"

• ER 385-1-1 - "Safety and Occupational Health Program Management

• Sign Standards Manual – EP 310-1-6a

• CFR Title 36 - Code of Federal Regulations

• ER 1130-2-540 - “Environmental Stewardship Operations and Maintenance Policies” and companion EP revised 11 August 2008

TP-2.2 Performance Evaluation Meetings: The Contractor, Superintendent, or both shall meet with the COR (or a designated representative) weekly or as determined necessary by the COR. However, a meeting shall be held not later than one (1) normal workday after a Contract Discrepancy Report (CDR) is issued. Mutual effort will be made to resolve problems identified.

TP-2.3 Contractor Quality Control (CQC): Contractor Quality Control (CQC) is the means by which the Contractor ensures that all work complies with the contract requirements. Within thirty (30) days after award of this contract, the Contractor shall develop, implement and maintain an effective CQC plan and program. The plan shall identify personnel and procedures to maintain acceptable productivity and quality levels. The COR will approve changes to the CQC plan before implementation. The person responsible for CQC operations should be present on the job within thirty (30) days after award.

TP-2.3.1 CQC Chief: The CQC system shall be staffed with personnel as necessary to perform quality control.

The Contractor's project superintendent may serve as the quality control chief.

TP-2.3.2 CQC Inspections: According to the Inspection of Services clause, FAR 52.246-4, the Government will evaluate the Contractor’s performance under this contract. CQC shall inspect work to ensure conformance to the technical provisions and regulations.

TP-2.3.3 Corrective Action: At any time it is determined by the COR that the quality control system, personnel, instructions, controls, tests, or records are not providing results which conform to contract requirements; action shall be taken by the Contractor to correct the deficiency. Any such changes shall be at no additional cost to the Government.

TP-2.4 Quality Assurance Surveillance: Government inspectors will perform assurance inspections to verify that the Contractor is performing in accordance with the contract requirements. QA reports will be documented and provided to the Contractor. It is the Governments responsibility to be fair and consistent in evaluating the Contractor’s performance. Government inspections will be accomplished by the Contracting Officer’s Representative, Quality Assurance Representative, Specialized Inspectors, and Park Rangers to a varying degree.

TP-2.4.1 Unacceptable Performance: Unacceptable performance with regards to the specifications outlined in the technical provision of this contract, and any other performance deviations from this contract, will be documented by the COR and provided to the Contractor in writing. The Contractor shall follow the Performance Requirements Summary table within this document outlining by TP section, performance standards, acceptable quality levels, methods of assessment and performance incentives. The Contractor may have an opportunity to re-perform the services within a specified timeframe. If the Contractor does not re-perform the tasks, or tasks are time-constrained, the negative performance will be documented. The value of any work not performed may be withheld from the contract payment. However, the Contractor shall not be liable for non-performance beyond the control of the Contractor such as but not limited to fires, floods, severe weather conditions, vandalism, or acts of Government. If the Contractor does not concur with the Government that performance is either deficient or unacceptable, then the Contractor may submit a written appeal to the Contracting Officer.

TP-2.5 Supervision: The Contractor shall provide a superintendent to manage daily operations of this contract and its technical provisions. The superintendent shall have at least two (2) years of experience in the management of similar or closely related Operation and Maintenance contracts. The superintendent shall possess authority to act on behalf of the Contractor. Such authorization shall be submitted in writing to the COR. The superintendent shall be required to attend briefings, planning sessions, and other Government designated meetings.

TP-2.6 Minimum Personnel Qualifications: Service mechanics, technicians, and consultants shall have the education or experience to enable them to comprehensively understand the systems and components to be operated, maintained, and repaired under these technical provisions. Only trained and qualified employees shall be used in performance of this contract. Employees shall be subject to Government regulations during time spent on Government property. Subcontractors may be utilized to perform highly specialized or infrequent repair work.

A file containing the qualifications (education and experience) and/or certification and/or licenses of each employee and subcontractor shall be maintained by the Contractor. These files shall be made available to the COR upon request and will be used as part of the basis for determining the qualifications of personnel.

TP-2.7 Banning of Contractor's Employees: The Corps’ District Commander has the authority to ban people from having access to government property and facilities, including contractor employees who are deemed potential threats to the health, safety, security, general well-being or operational mission of the project and its personnel or the general public. This determination may be made for reasons including, but not necessarily limited to, a Contractor employee who potentially endangers persons or property, or whose physical or mental condition is such that it would impair the employee's ability to perform his work. If such a decision is made with regard to a contractor employee(s), the COR will notify the Contractor. Notification of the ban will be in writing. Notification may be initially made by telephone, and later confirmed in writing, if time and circumstances warrant. Although a banned contractor employee may remain an employee of the Contractor, the Contractor shall take immediate action to provide a substitute for any banned employee for all work requiring access to federal property or facilities. Personnel changes, regardless of cause, shall not reduce the Contractor's obligation to perform work in accordance with contract technical provisions.

TP-2.8 Hours of Operation: Normal work schedules shall be performed between the hours of 7:00 am and 5:00 pm, Monday through Friday, excluding Federal holidays, unless specified differently in this document, or requested and approved by the COR. Contractor personnel will be available for emergency contact 24 hours per day, 7 days a week.

TP-2.9 Schedules: The Contractor shall submit an annual plan (as listed in TP-1.18) for Level I Services covered by the technical provisions of the contract within 30 days from the start of each contract year. In addition, the Contractor shall prepare weekly schedules detailing planned activities to avoid any scheduling conflicts with the general public, visitors, or Government personnel. Weekly schedules shall be submitted to the COR before commencement of activity.

TP-2.10 Daily Work Reports: The Contractor shall provide the COR daily written reports for all services provided in this contract. Daily reports will include: the date, what services were performed each day, location of the work performed, and if the service performed was completed. Daily reports will be documented on a spreadsheet or work document and emailed to the COR for electronic filing.

TP-11 Emergency Repairs and Services: The Contractor shall furnish to the COR with thirty (30) days after contract award, and keep current, an On-Call Roster (a list of personnel to contact) in the event emergency repairs or services become necessary. The Contractor shall ensure contact can be made with these people either by telephone, or radio, within one (1) hour. Response shall take place within two (2) hours after notification and work shall continue until an emergency no longer exists. All unscheduled/emergency services shall be handled as Level II Services in accordance with TP-2.29.2.

TP-2.12 Interruptions: Advance approval shall be obtained from the COR (via telephone, Corps radio, email, or letter/memorandum) before beginning work that would interrupt the use of project facilities or systems, or disrupt building occupants or the visiting public. The COR will provide approval/disapproval pertaining to each request within one (1) hour of receipt.

TP-2.13 Inclement Weather and Holiday Work: The Contractor shall maintain the schedule of services despite inclement weather, except when severe conditions make it impractical or hazardous to perform the work. In the event severe weather impacts the safety of Contractor personnel, Government personnel and/or the public, the Contractor shall immediately contact the COR notifying them of the situation and working with them to ensure services continue as safely able to.

During the peak recreation season, TP-3 Cleaning Services shall be required on Federal holidays. No other TP services will be required on Federal holidays during peak months. No services are required on Federal holidays during non-peak months.

The following Federal Legal Holidays are observed by the US Army Corps of Engineers each year:

New Year’s Day 1 January Birthday of Martin Luther King Jr. Third Monday in January Washington’s Birthday Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

TP-2.14 Determination of Work to Be Performed: Managing and determining the work…