W912PP22B0005 Two rivers final IFB.pdf

CODE

(Hour)

PAGE(S)

until 09:00 AM local t ime 17 Mar 2022

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A X B X C

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X G F 125 - 133

134 - 140 X H 141

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 141

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912PP 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

See Section L conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 12

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

13 - 63 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

65 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 66 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 67 - 68 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

69 - 110

PART II - CO NTRACT CLAUSES

US ARMY ENGINEER DISTRICT, ALBUQUERQUE

4101 JEFFERSON PLAZA NE

ALBUQUERQUE NM 87109-3435

505-342-3496FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

111 - 124

6. REQUISITION/PURCHASE NO.

W81G6913132832

5. DATE ISSUED

17 Feb 2022

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912PP22B0005

Section B - Supplies or Services and Prices

BID SCHEDULE

TWO RIVERS DAM AND RESERVOIR FLOOD CONTROL PROJECT OPERATION

AND MAINTENANCE, TWO RIVERS DAM, CHAVES COUNTY, NEW MEXICO

Schedule I

Base Period: Date of Award through 28 Feb 2023

General: Provide all labor, equipment, supplies, transportation, supervision, management and other non-personnel services necessary to perform all activities related to the operation and maintenance of the Two Rivers Dam, Reservoir and Flood Control Project, Chaves County, New Mexico in strict accordance with the PWS for the Base Period.

DESCRIPTION AMOUNT UNITS UNIT

PRICE

EXTENDED

PRICE

0001 Records, Logs and Schedules 12 Months 0002 Labor for Routine operational activities, gate changes, etc. (normal hours of operation)

12 Months

0003 Labor for emergency dam operations, after hours, weekends, holidays

4 JOB N/A

0004 Inspection and maintenance activities 12 Months 0005 Equipment for routine operation, inspection, and maintenance activities

12 Months

0006 Heavy equipment for mobilization activities

12 Months

0007 Transportation/Travel to/from Two Rivers Dam and Reservoir

12 Months

0008 Transportation/Travel: Special training events and safety exercises

12 Months

0009 Contractor sponsored training activities

12 Months

0010 Security, safety, fire prevention, and environmental protection activities

12 Months

0011 Quality control plan, safety and environmental protection plan

1 EA N/A

0012 Supplies for cleaning, office supplies, etc. 12 Months

0013 Protective clothing 1 EA N/A

0014 Unscheduled Maintenance 12 Months

0015 Annual Inspection 1 EA

TOTAL

Schedule II

Option Year 1 Period: 01 Mar 2023 through 29 Feb 2024

General: Provide all labor, equipment, supplies, transportation, supervision, management and other non-personnel services necessary to perform all activities related to the operation and maintenance of the Two Rivers Dam, Reservoir and Flood Control Project, Chaves County, New Mexico in strict accordance with the PWS for the Option Year 1 Period.

DESCRIPTION AMOUNT UNITS UNIT

PRICE

EXTENDED

PRICE

0001 Records, Logs and Schedules 12 Months 0002 Labor for Routine operational activities, gate changes, etc. (normal hours of operation)

12 Months

0003 Labor for emergency dam operations, after hours, weekends, holidays

4 JOB N/A

0004 Inspection and maintenance activities 12 Months 0005 Equipment for routine operation, inspection, and maintenance activities

12 Months

0006 Heavy equipment for mobilization activities

12 Months

0007 Transportation/Travel to/from Two Rivers Dam and Reservoir

12 Months

0008 Transportation/Travel: Special training events and safety exercises

12 Months

0009 Contractor sponsored training activities

12 Months

0010 Security, safety, fire prevention, and environmental protection activities

12 Months

0011 Quality control plan, safety and environmental protection plan

1 EA N/A

0012 Supplies for cleaning, office supplies, etc. 12 Months

0013 Protective clothing 1 EA N/A

0014 Unscheduled Maintenance 12 Months

Schedule III

Option Year 2 Period: 01 Mar 2024 through 28 Feb 2025

General: Provide all labor, equipment, supplies, transportation, supervision, management and other non-personnel services necessary to perform all activities related to the operation and maintenance of the Two Rivers Dam, Reservoir and Flood Control Project, Chaves County, New Mexico in strict accordance with the PWS for the Option Year 2 Period.

DESCRIPTION AMOUNT UNITS UNIT

PRICE

EXTENDED

PRICE

0001 Records, Logs and Schedules 12 Months 0002 Labor for Routine operational activities, gate changes, etc. (normal hours of operation)

12 Months

0003 Labor for emergency dam operations, after hours, weekends, holidays

4 JOB N/A

0004 Inspection and maintenance activities 12 Months 0005 Equipment for routine operation, inspection, and maintenance activities

12 Months

0006 Heavy equipment for mobilization activities

12 Months

0007 Transportation/Travel to/from Two Rivers Dam and Reservoir

12 Months

0008 Transportation/Travel: Special training events and safety exercises

12 Months

0009 Contractor sponsored training activities

12 Months

0010 Security, safety, fire prevention, and environmental protection activities

12 Months

0011 Quality control plan, safety and environmental protection plan

1 EA N/A

0012 Supplies for cleaning, office supplies, etc. 12 Months

0013 Protective clothing 1 EA N/A

0014 Unscheduled Maintenance 12 Months

Schedule IV

Option Year 3 Period: 01 Mar 2025 through 28 Feb 2026

General: Provide all labor, equipment, supplies, transportation, supervision, management and other non-personnel services necessary to perform all activities related to the operation and maintenance of the Two Rivers Dam, Reservoir and Flood Control Project, Chaves County, New Mexico in strict accordance with the PWS for the Option Year 3 Period.

DESCRIPTION AMOUNT UNITS UNIT

PRICE

EXTENDED

PRICE

0001 Records, Logs and Schedules 12 Months 0002 Labor for Routine operational activities, gate changes, etc. (normal hours of operation)

12 Months

0003 Labor for emergency dam operations, after hours, weekends, holidays

4 JOB N/A

0004 Inspection and maintenance activities 12 Months 0005 Equipment for routine operation, inspection, and maintenance activities

12 Months

0006 Heavy equipment for mobilization activities

12 Months

0007 Transportation/Travel to/from Two Rivers Dam and Reservoir

12 Months

0008 Transportation/Travel: Special training events and safety exercises

12 Months

0009 Contractor sponsored training activities

12 Months

0010 Security, safety, fire prevention, and environmental protection activities

12 Months

0011 Quality control plan, safety and environmental protection plan

1 EA N/A

0012 Supplies for cleaning, office supplies, etc. 12 Months

0013 Protective clothing 1 EA N/A

0014 Unscheduled Maintenance 12 Months

Schedule V

Option Year 4 Period: 01 Mar 2026 through 28 Feb 2027

General: Provide all labor, equipment, supplies, transportation, supervision, management and other non-personnel services necessary to perform all activities related to the operation and maintenance of the Two Rivers Dam, Reservoir and Flood Control Project, Chaves County, New Mexico in strict accordance with the PWS for the Option Year 4 Period.

DESCRIPTION AMOUNT UNITS UNIT

PRICE

EXTENDED

PRICE

0001 Records, Logs and Schedules 12 Months 0002 Labor for Routine operational activities, gate changes, etc. (normal hours of operation)

12 Months

0003 Labor for emergency dam operations, after hours, weekends, holidays

4 JOB N/A

0004 Inspection and maintenance activities 12 Months 0005 Equipment for routine operation, inspection, and maintenance activities

12 Months

0006 Heavy equipment for mobilization activities

12 Months

0007 Transportation/Travel to/from Two Rivers Dam and Reservoir

12 Months

0008 Transportation/Travel: Special training events and safety exercises

12 Months

0009 Contractor sponsored training activities

12 Months

0010 Security, safety, fire prevention, and environmental protection activities

12 Months

0011 Quality control plan, safety and environmental protection plan

1 EA N/A

0012 Supplies for cleaning, office supplies, etc. 12 Months

0013 Protective clothing 1 EA N/A

0014 Unscheduled Maintenance 12 Months

Schedule VI

Extension: 1 Mar 2027 through 30 Sep 2027

General: Provide all labor, equipment, supplies, transportation, supervision, management and other non-personnel services necessary to perform all activities related to the operation and maintenance of the Two Rivers Dam, Reservoir and Flood Control Project, Chaves County, New Mexico in strict accordance with the PWS for the Base Period.

DESCRIPTION AMOUNT UNITS UNIT

PRICE

EXTENDED

PRICE

0001 Records, Logs and Schedules 6 Months 0002 Labor for Routine operational activities, gate changes, etc. (normal hours of operation)

6 Months

0003 Labor for emergency dam operations, after hours, weekends, holidays

1 JOB N/A

0004 Inspection and maintenance activities 6 Months 0005 Equipment for routine operation, inspection, and maintenance activities

6 Months

0006 Heavy equipment for mobilization activities

6 Months

0007 Transportation/Travel to/from Two Rivers Dam and Reservoir

6 Months

0008 Transportation/Travel: Special training events and safety exercises

6 Months

0009 Contractor sponsored training activities

6 Months

0010 Security, safety, fire prevention, and environmental protection activities

6 Months

0011 Quality control plan, safety and environmental protection plan

1 EA N/A

0012 Supplies for cleaning, office supplies, etc. 6 Months

0013 Protective clothing 1 EA N/A

0014 Unscheduled Maintenance 6 Months

*Include applicable New Mexico Gross Receipts Tax (NMGRT) for each line item.

Co. Name: Phone:

Name: Title:

Signature: Date:

SAM:

****************Note to Offeror**************** The System for Award Management (SAM) registration (formerly CCR) should be completed prior to award of any resultant contract from the IFB. Failure to have this registration completed could cause delay of award or rejection of offer. To complete or update a SAM registration, go to www.sam.gov.

Please provide the following information with quote:

Dun & Bradstreet Number:

Federal Tax CAGE Code:

ID Number:

http://www.sam.gov/

BIDDER’S CHECKLIST (IFB)

All information required by the terms of the solicitation must be furnished. MISTAKES OR OMISSIONS CAN BE COSTLY. Important items for you to check are included in but not limited to, those listed below. This checklist is furnished only to assist you in submitting a proper bid. Check as you read.

[ ] Have you acknowledged all amendments?

[ ] Have you completed the Bidder’s Representations and Certifications?

[ ] Is your bid properly signed?

[ ] If a bid guarantee is required, is it included with your bid? (A late bid guarantee is treated the same as a late bid.)

[ ] If required, have you entered a unit price for each bid item? (The solicitation will specifically state when this is necessary.)

[ ] Are decimal in unit prices in the proper places? Are your figures legible?

[ ] Are the extensions of your unit prices, and your total bid price correct?

[ ] Are all erasures or corrections initialed by the person signing the bid?

[ ] Have you erroneously restricted your bid by altering the provisions of the solicitation?

CORPORATE, PARTNERSHIP, JOINT VENTURE CERTIFICATES

If the offer is submitted by a corporation, partnership or a Joint Venture, the applicable form listed below must be completed and submitted with the Standard Form 1442. In the alternative, other evidence must be submitted to substantiate the authority of the person signing the offer. If a corporation, the same officer shall not execute both the offer and the certificate.

CORPORATE CERTIFICATE

I, _______________________________________________, certify that I am the Secretary of the corporation named as Offeror/Contractor herein; that __________________________________________________ who signed this offer/contract on behalf of the Offeror/Contractor was then __________________________ of said corporation; that said offer/contract was duly signed for and on behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

______________________________ (CORPORATE SEAL)

(Secretary)

AUTHORITY TO BIND PARTNERSHIP

This is to certify that the names and signatures of all partners are listed below and that the person signing the offer had authority to actually bind the partnership pursuant to its partnership agreement. Each of the partners individually has full authority to enter into and execute contractual instruments, on behalf of said partnership, with the United States of America, except as follows: (State “none” or describe limitations, if any.)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to, and acknowledged by, the Contracting Officer.

(Type or Print Name) (Signature)

JOINT VENTURE

Provide a copy of the Joint-Venture (JV) agreement. The SF 1442, Solicitation, Offer and Award form must be signed by the party with the authority to bind the JV as indicated in the agreement. Each party to the JV agreement shall complete one of the following entries:

I, _______________________________________________, certify that I am the Secretary of the Corporation named as Offeror/Contractor herein, that __________________________________________________ who signed this offer/contract on behalf of the Offeror/Contractor was then _________________________ of said corporation by authority of its governing body and is within the scope of its corporate powers.

IN WITNESS WHEROF, I have hereunto affixed my hand and the seal of said corporation this ______________________ day of _____________________.

AFFIX CORPORATE SEAL ___________________________

(Secretary)

(Corporation A)

I, _______________________________________________, certify that I am the Secretary of the Corporation named as Offeror/Contractor herein, that __________________________________________________ who signed this offer/contract on behalf of the Offeror/Contractor was then _________________________ of said corporation by authority of its governing body and is within the scope of its corporate powers.

IN WITNESS WHEROF, I have hereunto affixed my hand and the seal of said corporation this ______________________ day of _____________________.

AFFIX CORPORATE SEAL ___________________________

(Secretary)

(Corporation B)

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT (PWS)

TWO RIVERS DAM AND RESERVOIR FLOOD CONTROL PROJECT

CHAVES COUNTY, NEW MEXICO

Part 1

General Information

1.0 General: This is a non-personal services contract to provide oversight, inspection, operation, maintenance and reporting duties for the Two Rivers Dam and Reservoir Flood Control Project. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform oversight, inspection, operation, maintenance and reporting duties for the Two Rivers Dam and Reservoir Flood Control Project as defined in this Performance Work Statement except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this contract.

1.2 Background: The Two Rivers Dam and Reservoir Flood Control Project was authorized by the 1954 Flood Control Act for the purposes of flood control and sediment retention. The Two Rivers project was constructed from 1960 to 1963. The City of Roswell experienced mass flooding from the Rio Hondo in 1937, 1941 and 1954. After the disastrous flood of 1941, Roswell sought to convert the abandoned Hondo Reservoir into a flood control facility. The Two Rivers Dam was completed in August 1963. The project is named Two Rivers because it provides flood control from the Rio Hondo and Rocky Arroyo. Since the goal of the project is flood control, most visitors will not see water in this reservoir. Visitors will find an overlook shelter, picnic area and restrooms at the Day Use Picnic Area, located approximately 1 mile from the Diamond “A” Dam.

1.3 Objectives: To provide public safety, protect life, property and commerce by mitigating flood conditions in Chaves County, New Mexico to include the City of Roswell by means of daily operations, inspection and maintenance of the Two Rivers Dam and Reservoir Flood Control Project while satisfying all regulations of the Dam Safety Program.

1.4 Scope: The U.S. Army Corps of Engineers, Albuquerque District is authorized to provide flood control, including operations and maintenance services for the Two Rivers Dam and Reservoir Flood Control Project.

The services to be performed under a firm fixed price performance-based contract will consist of oversight, inspection, operation, and maintenance of high hazard dam facilities and property. Services include safety, fire, security and environmental protection efforts, as well as, providing USACE reports that include but are not limited to, operations, inspections and maintenance information and notifications of unanticipated situations or problems. Services also include maintaining records, logs and schedules. Finally, Critical Components (CC) of the services to be provided includes coordination of gate and flood control operations with the Reservoir Control Branch, providing emergency response in flood fight situations, coordination of emergency services with local safety and fire protection agencies such as Chaves County Law Enforcement and Fire Department, participating in emergency planning and exercises, providing and operating heavy equipment, providing on-call services during off-duty hours to include Saturdays, Sundays, and holidays and ensuring compliance with all Federal, State and Dam Safety Regulations. The Contractor shall perform to the standards in this contract.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four

(4) 12-month option years. The Period of Performance reads as follows:

Base Year: 01 January 2022 through 31 December 2022 Option Year I: 01 January 2023 through 31 December 2023 Option Year II: 01 January 2024 through 31 December 2024 Option Year III: 01 January 2025 through 31 December 2025 Option Year IV: 01 January 2026 through 31 December 2026 Option V: Optional 6 Months of Services This option may be exercised by formal modification in the event that continued services are required outside the period of performance for the base or optional periods. This option provision may be exercised more than once, but the total extension of performance shall not exceed 6 months.

Exercise of the contract option years will be at the Government’s discretion.

1.6 General Information:

1.6.1 Quality Control: The Contractor shall develop and follow an effective Quality Control Plan (QCP) to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s Quality Control Plan is the means by which he ensures that his work complies with the requirements of the contract. The Contractor will provide his Quality Control Plan within 30 days of contract award. After acceptance of the QCP, the Contractor shall receive the Contracting Officer (KO) or Contracting Officer Representative’s (COR) acceptance in writing. Changes to the Contractor’s QCP must first be approved and accepted by the KO or COR.

1.6.2 Quality Assurance: The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum satisfactory performance thresholds. The Government will use the Facilities and Maintenance System (FEMS) to track Contractor performance.

1.6.2.1 As a minimum, the COR and/or authorized representative will perform monthly quality assurance inspections. The inspection will involve a review of written reports and logbooks, and a visual inspection of the project site and facilities. Written reports and logbooks will be inspected for completeness, accuracy, and up-to-date status. The visual inspection of the work area and project site will evaluate the safety precautions in use, number of outstanding and undetected maintenance items, and overall condition of the project site and facilities as described by the O&M manual. Identification of any deficiencies will result in a Contract Discrepancy Report (CDR). The CDR will be handled in accordance with the applicable section.

1.6.3 Contract Discrepancy Report (CDR): If any items are discovered which are not properly maintained or inspected, the COR will prepare a Contract Discrepancy Report. This report will describe the nature of the discrepancy/deficiency and will request the Contractor to take action to remedy the discrepancy/deficiency. These reports will be kept on file for the duration of the contract. Upon receipt of the CDR, the Contractor will either take action to correct the problem or provide a written response on the report as to his position regarding the discrepancy/deficiency. If, within 7 days of receipt by the Contractor, the items noted on the report are corrected or resolved to the satisfaction of the Government, no further action will be taken. If the CDR is not resolved, the Contracting Officer’s decision is final. The KO has the following options:

a. Perform required work by Government forces and bill or deduct from the Project Contractor for costs incurred by the Government.

b. Perform required work by other outside Contractor and bill or deduct from the Project Contractor for costs incurred by the Government.

All CDRs resolved by either of the two methods above will likely result in a cumulative unsatisfactory evaluation of the Contractor’s performance.

1.6.4 Recognized Holidays: The following are recognized Government holidays in which the Contractor is required to be on-call:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Juneteenth

Christmas Day

1.6.4.1 Hours of Operation: The Contractor is responsible for conducting business between the hours of 7:30a.m.

- 4:00p.m. Monday thru Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must, at all times, maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

After Hours, Weekend, Holiday and Emergency Dam Operations (CC): The Contractor will be available on-call 24-hours a day, 7 days a week in case of after hours, weekends, holidays or emergency dam operations. In such cases, the Contractor and his employees are expected to be available by phone and no more than one (1) hour away from the project site in order to execute dam operations as directed. The estimate for the number of callouts is 3 times a year. The most likely scenario for emergency dam operations is a weather event that would require gate changes after hours, perhaps during the monsoon season. If weather dictates more callouts than the estimated 3 times, the contractor will get paid above the contract amount by a modification to the contract. The Contractor shall maintain his/her own office operations and equipment within the vicinity of the project and have the capability to mobilize heavy equipment to the project site within four (4) hours for dam operations as stated above. The type of equipment the contractor mobilizes for the completion of the work is left to the contractor. Past experience has shown that typical equipment necessary for work completion at the dam includes a 4 x 4 service pickup truck, backhoe tractor, motor grader, track-hoe with 30 feet reach and dump truck. The four-hour response time with equipment is a target response and would be dictated by the type of event taking place at the time. Scenarios requiring the subject equipment response in 4 hours are remote and experience has shown this rarely happens. An example of a remote event outside of flood risk management is herein given: A car was stolen and driven on to the dam site and ended up at the bottom of the trash rack. Law enforcement wanted immediate help with dealing with the situation. In a remote case like this, the contractor would have to respond, and this would be included as part of his contract for maintaining the dam.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at the Two Rivers Dam and Reservoir Flood Control Project, located in Chaves County, New Mexico. Refer to Attachment #4 for map of project boundaries.

1.6.6 Direction to Place of Performance: The Two Rivers Dam and Reservoir Flood Control Project is located southwest of Roswell, New Mexico. Diamond “A” Dam is located on the Rio Hondo about 34 river miles above the confluence of the Rio Hondo with the Pecos River. Rocky Dam is located on Rocky Arroyo about 10 river miles above its confluence with the Rio Hondo. Access to the dams and reservoir from Roswell is by traveling west on U.S. 70 about 12.7 miles to the project access road, and southerly approximately 7 miles on the project access road to Diamond “A” Dam.

1.6.7 Reservoir and Dam Data:

1.6.8 Pertinent Data:

Drainage Area: Square Miles Rio Hondo above Diamond "A" Dam 963 Rocky Arroyo above Rocky Dam 64 Total 1,027

Rio Hondo above confluence with Pecos River 1,666

Dam Data: Rocky Dam Diamond “A” Dam Total Crest Length (feet) 2,920 4,920 Maximum Height (feet) 116 100 Width, Top of Dam (feet) 20 26

Spillways – Uncontrolled, Off Channel Measurement Left Abutment, Rocky Dam, Length (feet) 730 Concrete Weir Section (feet) 370 Right Abutment, Rocky Dam, Length (feet) 400

Outlet Works – Diamond “A” Dam Measurement Conduit Size (feet) 4 X 7 Control Shaft (Wet Well) Diameter (feet) 11.5 Depth to Floor of Gate Chamber (feet)

89.77

Gates – Slide (1 each) Service Gate, Size (feet) 4 X 7 Emergency Gate, Size (feet) 4 X 7

Outlet Works – Rocky Dam Measurement Conduit Size (feet) 3.5 X 3.5

Recreation 5 Covered Picnic Units 1 Vault Type Rest Room

1.7 Project Features: The principal features of the Two Rivers Project are two rolled earth-fill dams with a common reservoir, two off-channel uncontrolled spillways, an uncontrolled conduit in Rocky Dam, a gated conduit in Diamond "A" Dam, an office building, a maintenance building, service roads, and public use area.

1.8 Type of Contract: The Government will award a firm fixed price performance based contract.

1.9 Security Requirements:

1.9.1 Physical Security: The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured.

Per the guidelines mandated with the implementation of OPORD 2013-74: Integrating Antiterrorism and Operations Security (OPSEC) into the USACE Acquisition Process, the following OPSEC provisions apply to this requirement:

1.9.2 AT Level I Training. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

https://atlevel1.dtic.mil/at/; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

1.9.3 Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractors’ employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks or background investigation and to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

1.9.4 Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something). The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

1.9.5 OPSEC Training. All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

1.9.6 Pre-screen candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements.

The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

1.9.7 Key Control: The Government will issue the Contractor keys to perform their responsibilities. The Contractor shall implement methods to ensure that keys are not lost, misplaced or used by unauthorized persons. The Contractor shall maintain a key register to record those keys in Contractor employees' possession. Extra keys shall be kept in a locked and secure key cabinet. Discharged Contractor employees shall be required to turn in all Government keys. Keys will not be duplicated, unless authorized by the Contracting Officer or his representative. The Contractor shall provide the Government with a list of persons who are authorized to have keys and a breakdown of those keys which are issued to Contractor personnel. If the integrity of the key assignment and lock system is violated due to Contractor actions, the system will be re-keyed at Contractor expense. The Contractor shall immediately report any occurrences of lost or duplicate keys to the COR.

a. Use of Government Issued Keys: 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 engaged in the performance of assigned work in those areas, or personnel authorized entrance by the COR.

b. Lost or Duplicated Keys: In the event that keys other than master keys are lost or duplicated, the Contractor shall, upon direction of the COR, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks https://www.iad.gov/ioss/ http://www.cdse.edu/catalog/operations-security.html shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.9.7.1 Padlocks: The Contractor shall change all padlocks on security gates as directed by the COR. The padlocks will be furnished by the Government and all removed locks with keys shall be returned to the Government.

1.9.7.2 Vandalism: The Contractor shall not be held liable for any vandalism to Government property provided they have complied with the security requirements.

1.9.8 Special Qualifications: The operation and maintenance efforts for the Two Rivers Dam Project requires Contractor employees to be experienced in operating flood control structures or experienced within the parameters of a flood control system as the Two Rivers Project dams are classified as high hazard structures. Contractor employees should have as a minimum three (4) years’ experience operating heavy equipment, experience in communication and coordination of operations with local and state agencies, in dam safety programs, and experience with compliance of Federal and State environmental regulations.

1.9.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.9.10 Contracting Officer’s Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract:

perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of Government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

1.9.11 Key Personnel: The following personnel are considered key personnel by the Government: The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name of this person, and an alternate who shall act for the Contractor when the manager is absent, shall be designated in writing to the Contracting Officer. The Contract Manager, or alternate, shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager, or alternate, shall be available between 7:30 a.m. to 4:00 p.m., Monday thru Friday except Federal holidays or when the Government facility is closed for administrative reasons. Qualifications for all key personnel are listed below:

1.9.11.1 Special Qualifications: The operation and maintenance efforts for the Two Rivers Dam Project requires Contractor employees to be experienced in operating flood control structures or experienced within the parameters of a flood control system as the Two Rivers Project dams are classified as high hazard structures. Contractor employees should have as a minimum three (4) years’ experience operating heavy equipment, experience in communication and coordination of operations with local and state agencies, in dam safety programs, and experience with compliance of Federal and State environmental regulations.

1.9.12 Contractor Responsibilities: The Contractor shall perform all work in accordance with the rules and procedures outlined or referenced herein and as directed by the Contracting Officer, COR or authorized representative. The Contractor shall not make departures from standards set forth in this PWS or other references without prior approval of the KO or COR. The Contractor and the USACE representative shall periodically review these requirements and make suggestions for improvement in view of current operational requirements.

1.9.12.1 Immediately upon implementation of the agreement, the Contractor shall furnish the Contracting Officer or COR a roster of on-call personnel including names, addresses, and telephone numbers.

1.9.12.2 The Contractor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning facilities and equipment.

1.9.12.3 Only experienced, trained, and competent personnel shall perform maintenance and lubrications to Government equipment. Any major specification changes in the manufacturers' equivalent lubrication product shall be brought to the attention of the COR. A complete record of each lubricant used and the equipment on which the lubricant was used shall be kept in the maintenance record file.

1.9.12.4 The Contractor shall promptly (within 8 hours) report suspected encroachments onto the project site to the Santa Rosa Project Operations Manager.

1.9.12.5 It will be the duty of all employees to perform reservoir patrol to protect Government land and property and to obtain compliance with all rules and regulations concerning the use of lands and water at the project. Inspection of the project areas will be made as necessary to ensure the above.

1.9.13 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.9.14 Contractor Travel: The Contractor may be required to travel to off-site training locations in support of this PWS. This would most likely be one trip per year to Santa Rosa for safety training and one day training in Roswell, NM with the Bureau of Reclamation for a total of two days.

1.9.15 Other Direct Costs: This category includes travel outlined above.

1.9.16 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.9.17 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

PART 2

DEFINITIONS & ACRONYMS

2.0 Definitions and Acronyms:

2.1 Definitions: The following definitions and descriptions apply wherever the term, phrase, or acronym is used in this Performance Work Statement.

2.1.1 Acquisition: The acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated.

2.1.2 Additional Work: Any service or task that is over and beyond that which is specifically listed in the PWS but is still covered within the contract’s scope of work.

2.1.3 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime Contractor.

2.1.4 Contracting Officer (KO): A person with authority to enter into, administer, and or terminate contracts and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the government.

2.1.5 Contracting Officer’s Representative (COR): A person designated and authorized by the Contracting Officer to administer the contract. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.6 Critical Component (CC): Services which are extremely important and vital to the successful operation of the Project to which failure is detrimental to providing public safety, protecting life, property and commerce.

2.1.7 Discrepancy/Deficiency: A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.8 Deliverable: Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.9 Emergencies: Personnel often perform unusual, difficult, and hazardous tasks while in a challenging environment. These conditions may cause an emergency which can be an unexpected serious occurrence or situation urgently requiring prompt action to mitigate risk and the potential for accidents.

2.1.10 Equipment: A tangible asset that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use.

2.1.11 Encroachment: To intrude upon the rights, property, etc. of the Government as it pertains to the Two Rivers Dam and Reservoir Flood Control Project boundaries.

2.1.12 Facilities and Equipment Maintenance System (FEMS): The Government equipment and maintenance system used to track Contractor inspection and maintenance actions.

2.1.13 Government: United States of America

2.1.14 Government-Furnished Property: Property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract.

2.1.15 Lubrication: Applying a lubricant substance to all operating equipment in strict accordance with the equipment manufacturers’ recommendations for the purpose of maintaining equipment in good working condition.

2.1.16 Performance-based Acquisition (PBA): An acquisition structured around the results to be achieved as opposed to the manner by which the work is to be performed.

2.1.17 Performance Requirements Summary (PRS): A summary of the performance objectives that relate directly to mission essential items. Shows contract requirements, performance standard, and performance thresholds in order to receive a satisfactory rating and the Government’s method of surveillance for each work requirement.

2.1.18 Performance Work Statement (PWS): A statement of work for performance-based acquisitions that describes the required results in clear, specific and objective terms with measurable outcomes.

2.1.19 Point of Contact (POC): Government personnel designated to inspect work performed under the contract and make daily contact with Contractor…