W912QR21Q0035.pdf

SEE ADDENDUM

(No Collect Calls)

W912QR21Q0035 08-Mar-2021

b. TELEPHONE NUMBER

502.315.7028

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 22 Mar 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912QR9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KARI A SMITH

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W22W9K03529878

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U. S. ARMY ENGINEER DISTRICT, LOUISVILLE

600 DR. MARTIN LUTHER KING, JR. PLACE

ROOM 821

LOUISVILLE KY 40202-2239

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE H2P0A00 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

CONTRACTING DIVISION

600 DR. MLKJ PLACE P.O. BOX 59 ROOM 821

LOUISVILLE KY 40202-2230

TEL: FAX:

502.315.6195 OR 6193FAX:

TEL: 502.315.6172 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF74

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912QR21Q0035

Section SF 1449 - CONTINUATION SHEET

SPECIAL INSTRUCTIONS

The contractor all labor, materials and equipment necessary to perform mowing and maintenance services at Patoka Lake, Dubois, Indiana, in accordance with attached specifications. This award will include a base year and two option years.

LOCATION:

DEPARTMENT OF THE ARMY

USACE Louisville District Patoka Lake 4512 N. Cuzco Road, South Dubois, Indiana 47527-9961

This procurement is 100% set-aside for Small Business, NAICS 561730, Landscaping Services (Size Standard: $8.0 Million).

Note: The contract award will be made based on Lowest Price to the Government (Base Plus Option Years). One firm-fixed price award will be made from this Solicitation.

Method of Payment under this contract will be Electronic Funds Transfer (EFT) to a commercial bank account specified by the contractor.

Note: In addition to the completed price breakout schedule price quote, the Offeror must complete their Representation and Certifications located in the solicitation.

Quotes are due on 22 March 2021 at 10:00AM Eastern Time. Please submit quotes to Kari Smith kari.a.smith@usace.army.mil. Faxed, telephoned, or mailed submittals will not be honored.

For contractual questions, please contact Kari Smith at (502) 315-7028 or by e-mail at kari.a.smith@usace.army.mil.

Per FAR 52.204-7(b)(1), Offerors are required to be registered in SAM when submitting an offer or quotation.

Please ensure the SAM registration process is complete and your SAM profile is active prior to submitting a quote otherwise the quote will not be considered. All proposed contractors are highly encouraged to review FAR Clause 52.232-33 Payments by Electronic Funds Transfer – System for Award Management, which indicates “All payments by the Government under this contract shall be made by electronic funds transfer (EFT).” Those not currently registered can obtain registration by going to the website http://www.SAM.gov. The process can usually be completed from 24 to 48 hours after submission. Contractors will need to obtain a Unique Entity Identifier (formerly DUNS number) for processing their registration. If you do not already have a Unique Entity Identifier, one can be obtained from http://www.SAM.gov. Refer to www.SAM.gov for information formerly found in CCR, EPLS, ORCA and FedReg.

ALERT: You must submit a notarized letter appointing the authorized Entity Administrator before your registration will be activated. This requirement now applies to both new and existing entities. Effective 29 April 2018, the notarized letter process is now mandatory on all CURRENT registrants at SAM who have a requirement to update data on their SAM record. The notarized letter is mandatory and is required before the GSA Federal Service Desk (FSD) will activate the entity's registration.

Effective 29 June 2018, vendors creating or updating their registration can have their registration activated prior to the approval of the required notarized letter. However, the signed copy of the notarized letter must be sent to the GSA Federal Service Desk (FSD) with 30 days of activation or the vendor risks no longer being active in SAM.

PLEASE NOTE: SAM is completely free of charge for both registrants and users.

Note: Page numbering in this document may not be accurate.

PRICE BREAK OUT SCHEDULE

I

Line Item Number

Description Quant Unit Unit Price

Total Price

BASE CY 2021 SERVICES Date of Award thru 31-DEC-21 0001 Recreation Area Mowing 25 EA

0002 Dam Area Mowing 4 EA 0003 Dam Toe Mowing 8 EA 0004 Leaf Removal 2 EA 0005 Cleaning Services 60 EA

Base Year Total $

OPTION YEAR ONE CY 2022 SERVICES 1-JAN-22 thru 31-DEC-22

Number

Description Quant Unit Unit Price

Total Price

0006 Recreation Area Mowing 25 EA

0007 Dam Area Mowing 4 EA 0008 Dam Toe Mowing 8 EA 0009 Leaf Removal 2 EA 0010 Cleaning Services 60 EA

OPTION YEAR ONE TOTAL $

OPTION YEAR TWO CY 2023 SERVICES 1-JAN-23 THRU 31-DEC-23

Number

Description Quant Unit Unit Price

Total Price

0011 Recreation Area Mowing 25 EA

0012 Dam Area Mowing 4 EA 0013 Dam Toe Mowing 8 EA 0014 Leaf Removal 2 EA 0015 Cleaning Services 60 EA

OPTION YEAR TWO TOTAL

TOTAL OPTION YEARS $

TOTAL BASE $

TOTAL BASE PLUS OPTION YEARS $

STATEMENT OF WORK

PERFORMANCE OF WORK STATEMENT

SECTION C-1

General

C-1.1 PROJECT INFORMATION. Patoka Lake is located in Dubois, Crawford, and Orange Counties. Patoka Lake is on the Patoka River, (river mile 118). The dam is about 12 miles northeast of Jasper, Indiana and approximately 65 miles northwest of Louisville, Kentucky.

C-1.2 SCOPE OF WORK. The Contractor shall furnish all necessary management, personnel, materials, supplies, tools, equipment, fuel, and vehicles, except as otherwise provided herein, required to perform mowing and maintenance services at the Patoka Lake project recreation areas, as specified and in strict accordance with all Terms, Conditions, General, Specific and Technical Provisions, Drawings, Attachments, Exhibits, etc., contained herein or incorporated by reference. The Contractor’s work and responsibility shall include all planning, programming, administration, management, supervision, communications and inspection necessary to assure that all services are conducted in accordance with the contract requirements and all applicable Federal, State and local laws and regulations. The Contractor is required to attend a pre-work meeting to be scheduled by the Technical Point of Contact (TPOC).

The quantities listed in the bid schedule are approximate and are provided as information only to assist in preparation of proposed pricing. They are not guaranteed, and the actual quantities may be less than shown.

Variation in these estimated quantities shall not be justification for modification of the contract or request for additional payment.

It is emphasized that the work described in this contract is a critical part of the Corps mission. The work described will be performed in a public recreation area. The Corps is committed to "Customer Care" and providing quality professional service.

The contracting officer retains all contractual authority. No one but a warranted Contracting Officer may modify or otherwise alter this contract on the behalf of the Federal Government.

The following are listed as the technical points of contact for this contract:

Tom Dekemper, Maintenance Leader, Patoka Lake, TPOC Phone: 812-678-3761 Email: Thomas.E.DeKemper@usace.army.mil

Jon Fillingham or Current Park Manager, Patoka Lake, Alternate TPOC Phone: 812-678-3761 Email: jon.p.fillingham@usace.army.mil

C-1.3 WORK ORDERS. When work is required under these Specifications, the Contractor shall respond within 48 hours after receipt of notification. The Contractor will be notified of work to be performed by phone call or email, by the Government.

a. Delivery Orders. Not Applicable

b. Work Orders. The Contractors' notification to actually perform the work, at the time(s) specified by the TPOC, or if the time is not specified, according to the time schedules contained in the technical provisions of the contract. There may be several work orders issued, at different times, for work contained in the contract. All work under this contract will proceed by the issuance of a work order which may include phone calls, emails or mailing.

c. Fixed Price. Under this procedure the Government requires definite quantities of items from the bid schedule for routine work. The Contractor furnishes the services in accordance with the technical provision of the contract at the quoted price in the Bid Schedule. The Contractor furnishes all plant, labor, equipment, and materials for fixed price work unless otherwise specified.

C-1.4. NEGOTIATION. No negotiated work is included in this contract.

C-1.5 WORKING HOURS.

a. Normal Working Hours. Normal working hours, except as otherwise specified herein, shall be Monday through Friday, 7:00 a.m. to 4:00 p.m. or as specified on the work order. Work inside Government buildings or other secured areas shall be performed during the above referenced work hours. Work that interferes with other ongoing functions at the project shall be scheduled around normal working hours, as specified by the TPOC. Please refer to individual sections of this contract specification for specific schedules of work.

b. Holiday Work. The ten Federal holidays observed are:

New Year's Day (January 1st) Martin Luther King Day (3rd Monday in January) President's Day (3rd Monday in February) Memorial Day (Last Monday in May) Independence Day (July 4th) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day (4th Thursday in November) Christmas Day (December 25th)

When one of the above designated holidays falls on a Sunday, the following Monday is observed as a legal holiday.

When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday. Work shall be scheduled around the above listed Federal holidays except as specified herein or as approved by the TPOC.

c. Inclement Weather Work. The Contractor shall maintain the schedule of services regardless of inclement weather. Exceptions may be approved by the TPOC when severe conditions make it impractical or dangerous to perform the work. The TPOC will notify the Contractor, by modification to the work order, of any change(s) that extends the performance period due to inclement weather.

d. Emergency and/or After-Hours Work. Work may be required on holiday periods during heavy visitation, emergencies, or for other reasons as determined by the TPOC. Additional personnel may be required to handle the additional workload during holiday periods because of heavy visitation. The TPOC will notify the Contractor by work order of specific work requirements.

e. SITE VISIT. The Scope of Work only contains approximate measurements for reference. Each offeror should visit the job site and assume responsibility for quantities, materials, equipment requirements, critical dimensions, and work conditions used to calculate a quote. Interested bidders should contact the Patoka Lake Project Manager to schedule a site visit. The Patoka Lake Project Manager's contact information is as follows:

Jon Fillingham USACE Louisville District Patoka Lake 4512 N. Cuzco Road, South Dubois, Indiana 47527-9961 Phone: 812-678-3761 Email: jon.p.fillingham@usace.army.mil

C-1.6 CONTRACTOR SUBMITTALS. Unless otherwise specified, the Contractor shall submit the following information to the TPOC prior to the pre-work conference for this contract. The TPOC has legal binding authority to request additional information from the contractor granted that the information is within the scope of services being rendered.

a. Quality Control Plan. An outline for the Contractor's Quality Control Plan is in Exhibit A.

b. Contractor Quality Control Inspector. List of Quality Control Inspectors.

c. Contracting Representatives. List of names of Contracting Representatives.

d. Accident Prevention Plan (APP). A suggested outline for the Contractor’s Accident Prevention Plan.

See Section C-1.9 for APP requirements.

e. Emergency Contacts. A prioritized list, including phone numbers, of those persons (normally Contractor Representatives) to call in case of emergencies.

f. Operators. A list of names of qualified equipment/vehicle operators, including qualifications, experience and training to operate specific equipment.

g. Certificate of Insurance – The contractor shall furnish a copy of the certificate of insurance for the minimum liability coverage

h. Security Requirements – See section C-1.9, part h.

C-1.7 PERMITS AND LICENSES. The Contractor shall, at his own expense, obtain any licenses or permits required to perform all aspects, requirements, and work under this contract. The Contractor shall comply with all current Federal, State, and local laws and regulations and shall comply with any subsequent changes.

C-1.8 IDENTIFICATION OF CONTRACT EMPLOYEES AND VEHICLES. The Contractor shall furnish his employees, other than office and clerical personnel, standardized uniforms (shirt-pants/shirt-skirt) with a company patch or embroidered identification on the breast pocket or on the sleeve at the top of the arm, within 30 days after notice of award of the contract. Any employee hired 30 calendar days after award of the Contract shall be in the required uniform within 14 calendar days of the date of hire. Contractor uniforms shall not resemble U.S. Army Corps of Engineers uniforms. Contractor employees and subcontractors shall wear these uniforms at all times they are performing work under this contract. Exceptions may be granted by the TPOC for short term workers, or during disasters, emergencies, wildfire suppression, or special circumstances specified by the TPOC. Stained or faded uniforms shall not be worn. All vehicles used by the Contractor to perform work under this contract shall be identified with the company name prominently displayed on the outside of both front doors of each vehicle in a professional manner to provide an attractive and readily visible means of identification.

The Contractor may require his employees to report in their own vehicles to the project, but these personal vehicles must be parked at a site designated by the TPOC. All vehicles used in performance of work must be marked.

Vehicles used by the Contractor to perform administrative functions such as morning meetings or crew supervision must also be marked.

C-1.9 SAFETY AND SECURITY REQUIREMENTS.

a. General. If the Contractor fails or refuses to promptly comply with safety and security requirements as specified herein, the TPOC or any other project employee may stop all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such work stoppage shall be made subject to any claims for extension of time or for excess costs or damages sustained by the Contractor. Also, the Contractor will not be paid for work not performed as a result of the stop order.

The Contractor shall comply with the Occupational Safety and Health Act (OSHA), the Corps of Engineers Manual, EM 385-1-1 (https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf), and as otherwise stated herein. Special attention shall be given to the requirements for safety meetings. The

Contractor shall inform the Government POC a minimum of 7 days prior to a Contractor monthly safety meeting, to permit a Government representative to attend.

b. Accident Prevention Plan (APP). The Contractor shall prepare an APP to assure that requirements of the safety program are provided as specified. This plan must be accepted by the KO prior to commencement of any work. One copy of the APP shall be provided to the Contracting Officer and the TPOC one week prior to the pre-work conference. The APP must be in the outline and form prescribed in Appendix “A” of EM 385-1-1.

c. Activity Hazard Analysis (AHA).

1) The Contractor shall use Activity Hazard Analyses (AHA’s) as one of many tools to insure safe performance of work. It is the Contractor’s responsibility to prepare the AHA. An approved AHA must be prepared by the Contractor for each work order issued by the Government. Sample AHA’s may be available at the project office for review and use by the Contractor to assist in the development of site-specific Activity Hazard Analyses prior to the Contractor performing the job. The Contractor is encouraged to revise or add to these sample AHA’s as necessary to address changing conditions. Prior to performing jobs with inherent hazards, the Contractor shall review, at a “Toolbox” safety meeting, the approved AHA’s with those employees who shall perform that work each time the work is ordered. The Government may request advanced notification of the time and date of the above AHA Toolbox safety meeting for Contractor employees so that the Government may attend such reviews.

2) The Government will require the Contractor to prepare an AHA for any jobs for which an adequate AHA does not already exist. A copy of this AHA shall be submitted to the TPOC and must be accepted before the Contractor starts the job. This copy of the AHA will become the property of the Government. Guidance is included in Exhibit B, which shall be used by the Contractor as a guide for the preparation of required AHA's.

3) A copy of an approved AHA is required for each work order issued by the Government. A copy of the approved AHA’s shall be available at all times to workers at each associated job site and a copy shall be provided to the Government.

d. Public Safety. The Contractor and its employees shall comply with all pertinent sections of the Corps of Engineers Manual, EM 385-1-1, “Safety and Health Requirements Manual,” current at time of award and any subsequent revisions. This manual will be available for all work orders from the TPOC.

The Contractor shall ensure that reasonable precautions are taken to protect the public at all times where work is being performed. The Contractor shall immediately report to the TPOC any potential hazards found by his employees on the project. The APP shall include procedures to be taken to provide for public safety. Additionally, the Contractor shall not allow any persons, except employees, into work areas that are not otherwise open to the public; nor shall the Contractor transport in Contractor work vehicles any persons, except employees, during times the Contractor is on the project performing work under a work order.

e. Personal Protective Apparel and Equipment. Protective apparel and equipment, as identified in the AHA, shall be provided to eliminate or minimize hazards to personnel. As a minimum, each employee shall wear a short-sleeved shirt, long trousers, and appropriate footwear during all contract work (as detailed in C-1.8). Face shields, spectacles with side-shields, or goggles, and hearing protection shall be worn by employees when required, (Please See EM 385-1-1, “Safety and Health Requirements Manual,”).

Contractor personnel involved in handling or application of pesticides or herbicides shall use all protective apparel per manufacturer's recommendations. Fire extinguisher(s) and first aid kit(s) meeting the “Safety and Health Requirements Manual” standards shall also be provided and easily accessible to all employees.

f. Contractor Employees Certified in First Aid & CPR. The Contractor shall provide its employees the appropriate number of CPR and First Aid certified personnel on duty as required by EM 385-1-1“Safety and Health Requirements Manual”. Copies of their certification shall be provided to the TPOC and will be the property of the Government. Two people per crew shall be trained in First Aid and CPR. Individuals working alone shall be trained in First Aid.

g. Hazard Communication Program. The Contractor shall be responsible for implementing a hazard communication program for Contractor employees, as required by 01.B.04 of the Safety Manual. The Contractor shall provide Material Safety Data Sheets (MSDS) and/or Safety Data Sheets (SDS) for review by the TPOC prior to use of any hazardous substance on the project and provide a plan for the proper handling, transportation, storage and usage of hazardous substances on the project.

h. Antiterrorism/Operations Security - Required Security Training and Planning.

1. Access, General Protection, and Security Policy and Procedures: All Contractor and all associated sub-contractors’ employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation 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 individual facility or installation change, the Government may require changes in contractor security matters or processes.

2. Suspicious Activity Reporting Training: The contractor and all associated sub-contractors shall receive a brief/training (provided by the TPOC) 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 TPOC no later than 5 calendar days after the completion of the training.

3. Pre-screen candidates using E-Verify Program: The Contractor must pre-screen Candidates using the E-verify Program 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 ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the TPOC no later than 3 business days after the initial contract award.

C-1.10 ACCIDENT REPORTING. The Contractor is responsible for reporting all accidents to the TPOC immediately. Prompt action shall be taken to ensure immediate and appropriate medical treatment. The Contractor shall maintain an accurate record of any accidents in the manner and on the forms prescribed by the Government POC. For property damage accidents of $5,000 or more, the Contractor shall complete and submit to the TPOC a copy of ENG Form 3394 (see Exhibit C). The Contractor shall maintain an OSHA 300 Log (see Exhibit D) of on – The – Job injuries and first aid treatments.

C-1.11 DAMAGE REPORTS. All instances where Government materials, supplies, property, and/or equipment are damaged shall be reported immediately to the TPOC. When the damage was caused by contract employees, a written report of the incident and extent of such damage shall be submitted to the TPOC, within 2 workdays (less weekends and holidays) of occurrence. For property damage accidents of $5,000 or more the Contractor will complete and submit to the TPOC a copy of ENG 3394.

C-1.12 CONTRACT EMPLOYEES' CONDUCT AND COMPETENCY. All contract employees shall conduct themselves in a professional, respectful and courteous manner at all times. Since the majority of work is performed in the presence of the general public, the conduct of all employees is critical and will be closely monitored. Contract employees shall comply with all provisions of Title 36, Chapter III, Part 327, CFR and obey all posted signs and regulations in the performance of the work under this contract. Being under the influence of or consuming alcoholic beverages or controlled substances by the Contractor or employees while on duty is prohibited and will result in termination of the contract.

a. Employee Dismissal. The Contractor expressly agrees to dismiss any employee or subcontractor employee whose continued employment is deemed by the TPOC to be inconsistent with the best interests of the public or the U.S. Army Corps of Engineers. The KO (Contracting Officer) or the TPOC have the discretion and may require the

Contractor to immediately remove from the work site any employee or subcontractor who is incompetent, endangers persons or property, or whose physical or mental condition would impair their ability to satisfactorily perform the work. Notification to the Contractor will be promptly made in writing if time and circumstances permit. Otherwise, notification will be verbal and confirmed in writing as soon as possible. No removal shall reduce the Contractor's obligation to perform all work required under this contract nor be the basis for time extension. Resources for immediate replacement of the employee shall be in place by the contractor.

C-1.13 DAMAGE OR LOSS OF CONTRACTOR'S SUPPLIES AND PROPERTY. The Contractor is responsible for taking the action necessary to protect Contractor supplies, materials and equipment, and the personal property of Contractor employees from loss, damage or theft. The contractor shall not leave equipment, supplies, and/or materials, etc. on government property at any time. The Government assumes no responsibility for theft, damage, etc., of the above.

C-1.14 SUPERVISION. The Contractor or a Contractor Representative shall personally supervise the work or be readily available by phone or other means of communication to respond to any contract issue that may arise when work is in progress. The Contractor Representative(s) shall conduct overall management coordination and be the central point of contact with the Government for performance of all work under the contract.

Each Contractor Representative shall have full authority to contractually commit the Contractor for prompt action on all matters pertaining to administration of this contract and shall be the on-site Contractor employee who is responsible for safety.

In addition to Contractor Representative(s), the Contractor shall also appoint Quality Control Inspectors (QCI) who shall perform the Contractor's Quality Control Program. QCI’s shall be responsible for implementing the Contractor’s APP. All QCI'S shall have the authority to determine for the Contractor when work is ready for Government inspection and to make decisions for the Contractor on re-performance when necessary. A QCI shall be appointed for each work crew. For work performed outside normal working hours, a Contractor Representative or QCI shall be present at the work site.

The TPOC and Government Inspectors will deal directly with the QCI’s or Contractor Representatives, for normal day-to-day administration of the contract provisions.

The names and telephone numbers of all individuals authorized to act on behalf of the Contractor as Contractor Representatives shall be submitted in writing to the TPOC before work is performed.

The Contractor shall maintain copies of contract work requirements, specifications, AHA, etc., at each work site which relate to each person's work responsibilities and shall review them to insure employee’s comprehension of a job prior to initiating work.

C-1.15 ENVIRONMENTAL PROGRAM. The Contractor shall comply with Federal, State, and local laws, regulations and standards regarding environmental protection. All environmental protection matters shall be coordinated with the TPOC. Any of the facilities operated by the Contractor may be inspected by the TPOC, or other Federal, State and local officials without advance notice. Access for inspection shall be granted upon request.

Citations against Government facilities operated by the Contractor for non-compliance with environmental standards are a matter for resolution between the Government and the issuing office. Payment of fines or penalty charges associated with citations issued by Federal, State or local officials will be paid by the Government. If the citations are issued due to faulty operation or maintenance practices of the Contractor, the Contracting Officer or TPOC will deduct the fine from any monies owed to the Contractor.

The Contractor shall conduct all operations and maintenance activities in a manner to prevent contamination of Government land and property. The Contractor shall ensure all lubricants, petroleum products, paints, cleaning materials, and/or any other hazardous substances are not spilled, leaked or disposed of on Government property and are disposed of in accordance with environmental regulations. If spills or contamination occur, the Contractor shall be responsible for cleanup and any associated costs in accordance with Federal, State and Local Law. Such spills shall be reported to the TPOC immediately.

C-1.16 CONTRACT DISCREPANCY REPORT (CDR). A CDR is a formal document used by the Government to process defects in services (see Exhibit E). As initially issued to the Contractor, the CDR describes the discrepancy or problem. The CDR will be discussed with the Contractor or his representative when it is issued. The Contractor shall provide his written response on the CDR form within 24 hours of issuance or the Government may terminate the contract. The Contractor's response must:

a. Identify the cause and corrective action taken, and

b. Identify Contractor action to prevent recurrence.

Upon finalization of the CDR, the Contractor and the TPOC must sign the form. The Contractor will be given a copy of the completed form. Should the Contractor not concur with any decision, etc., the Contractor may so state, in writing, and request a final decision by the Contracting Officer. The Contracting Officer monitors all CDR's issued, and CDR's are the principle evidence used by the Contracting Officer in determining Government contract actions such as termination or decision not to exercise options.

C-1.17 MEETINGS. The Contractor or his authorized representative shall contact the TPOC or alternate each workday to discuss contract work items. Meetings may be in person or by telephone as determined by the TPOC or alternate. Specific topics of discussion at the meetings may include issuing work orders, requests for estimates, negotiation, inspections, quality control, and upcoming work. If a CDR is issued, mutual effort will be made to resolve any and all problems identified to preclude their recurrence. The TPOC may alter this reporting schedule, or change the reporting method, time, or place if mutually agreeable between the TPOC and the Contractor.

C-1.18 QUALITY CONTROL. The Contractor shall have a Quality Control program to assure the requirements of the contract are provided as specified. The primary purpose of Quality Control is to identify and correct deficiencies in the quality of services performed before the level of performance is unacceptable.

The program shall include, but not be limited to the following:

a. An inspection system covering all the services stated in the contract specifications.

b. A method of identifying and correcting deficiencies in the quality of services performed before the level of performance is unacceptable.

c. A file of all inspections conducted by the Contractor and the corrective actions taken. These files shall be made available for inspection upon request by the TPOC.

d. A method of insuring that employees have full knowledge of work assignments and that appropriate technical expertise is utilized with each work assignment.

e. A method of coordinating each work crew’s activities with the TPOC and/or inspector.

A sample program is described in Exhibit A. The Contractor may use any or all portions of this plan to prepare a plan of his own. A signed plan, including Contractor specific information, shall be provided to the Contracting Officer and the TPOC, and accepted, prior to the Pre-Work Conference. If changes to this program occur, updated copies shall be provided to the Contracting Officer and TPOC.

Failure to provide appropriate Quality Control may result in issuance of a CDR, and/or termination of the contract.

C-1.19 QUALITY ASSURANCE. The Government will monitor the Contractor's performance in each functional area under this contract and reserves the rights to use whatever additional surveillance procedures are deemed appropriate by the TPOC. The Government will monitor the contract to insure compliance using a Quality Assurance Surveillance Plan (QASP), but reserves the right to alter the plan at its own discretion. The QASP is used for information purposes only and will not be made part of any resulting contract. The Government will keep a record of all complaints received by the public concerning Contractor performance. Upon receipt of a written complaint by the public, the Government will attempt to verify the complaint and furnish the Contractor a copy of the findings. Should the Government verification reveal a non-performance by the Contractor, a CDR may be issued.

A Government employee shall not be considered an Inspector unless they identify himself or herself as such to the Contractor, the Contractor Representative, or Quality Control Inspector. No Inspector is authorized to change any provision of the specifications without written authorization of the KO nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the Contract.

C-1.20 DEFICIENCIES. If the Contractor fails to perform, or if performance in any area is judged unsatisfactory by the TPOC, the Government will take corrective action. If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no cost to the Government. When the defect in services cannot be corrected by re-performance, or cannot be corrected in the specified time frame, the Contractor is required to respond to a CDR (See Section C- 1.16).

C-1.21 INTERRUPTIONS TO SYSTEMS. All work that would necessitate an interruption of the use of the project or its support systems or otherwise disrupt building occupants and/or the visiting public shall be fully coordinated and approved in advance by the TPOC. Interruptions shall be kept to an absolute minimum, and all repairs or replacements of equipment or components shall be accomplished in an expeditious and efficient manner.

C-1.22 GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT.

a. Government Furnished Facilities. Suitable space will be provided for the Contractor's use for work performed under this contract, as listed below. The Contractor shall maintain such space or grounds to the same, or higher standards, as similar areas occupied by the Government, and shall assume responsibility for the safekeeping of facilities provided. The Contractor shall not use those grounds or facilities as a place of habitation. At the completion of the contract, all facilities and equipment shall be returned to the Government in the same condition as received, except for reasonable wear and tear. The Contractor shall be held responsible for the cost of any repairs caused by negligence on the part of the Contractor or Contractor employees. Modifications or changes shall not be made to any facilities without prior written approval of the TPOC. Any modifications to the facilities shall be at the Contractor's expense. The facilities provided consist of space within reasonably secure fenced areas. The Contractor shall be responsible for maintaining physical security for Government furnished facilities and property. Should the Contractor reject any or all Government furnished facilities, the Contractor shall provide all necessary facilities at no cost to the Government. All Government furnished facilities shall be used only for the performance of work specified herein.

Restroom facilities for contract employees are the responsibility of the Contractor. The Contractor may elect to use public restroom facilities, unless closed.

b. Utilities. The Government will furnish available utilities to perform the specified work. At remote locations the Contractor shall supply his own utilities such as water. The Contractor shall make a dedicated effort to conserve utilities and shall comply with all Government regulations regarding energy conservation. Government furnished utilities shall be used only in the performance of work specified in this contract.

c. Forms. All Department of Defense forms, required by the Government to be used under this contract, will be provided by the Government during the contract period. The Government reserves the right to modify or supersede these forms during the contract period.

d. Control. The Contractor shall provide control to ensure Government furnished equipment, property, or items are utilized only for contract purposes. The Contractor will be provided keys to allow access to certain secure areas and will be held responsible for losses due to their negligence and for the replacement of compromised locks (which can occur due to loss or duplication of keys). Upon completion (including any extensions of contract term) or termination of the contract for any reason, and except for fair wear and tear, the Contractor shall return all

Government furnished equipment, keys and any unused material or supplies in the same condition as received. Any discrepancies (except for fair wear and tear), damages or deficiencies in the inventory will be chargeable against the Contractor.

e. Safety Manual. Prospective contractors may review a copy of the Safety and Health Requirements Manual EM 385-1-1 at the Project Office or online at https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

C-1.23 CONTRACTOR FURNISHED ITEMS.

a. General. Except as described elsewhere in this contract, the Contractor shall furnish all personnel, facilities, vehicles, small tools, equipment and operators, supplies, or materials necessary to accomplish all required services.

All Contractor furnished tools, equipment, supplies, materials, or vehicles shall meet all applicable Federal, Department of Defense, Department of the Army, State and local laws or regulations. A partial list of equipment which shall be needed by the Contractor is included in each section.

b. Equipment. At the end of each section, an "Equipment List" is provided for Contractor reference. The equipment listed is not mandatory, nor necessarily complete. The Government requires, however, that the Contractor provide adequate equipment to perform the work required within the specified time period for each job. Adequacy of the equipment (e.g., mowing equipment and vehicles) to perform certain repetitive work will be determined prior to award of the contract. Also, all equipment used by the Contractor must meet safety requirements outlined in EM 385-1-1.

c. Service Vehicle. It is the Contractor's responsibility to provide service or work vehicles as necessary, capable of transporting employees, equipment, tools, materials, and supplies. Contractor service vehicles used along project and public roads must be equipped with an orange rooftop revolving light, a rear mounted warning sign, and reflective tape on the rear bumper.

d. Contractor Equipment and Supply Inspection. The apparent Contractor shall make available for inspection all service equipment, tools, and samples of supplies he proposes to use for work under this contract, along with proof of ownership or lease agreement. Such articles shall be made available for inspection within seven (7) working days after notice from the TPOC. Only equipment and supplies inspected and approved shall be used for work under this contract. A sample of the Safety Inspection for Miscellaneous Equipment Exhibit F. All subsequently procured equipment to be used for work under this contract must be inspected and approved by the Government prior to use.

C-1.24 SAFEGUARDING GOVERNMENT PROPERTY. The Contractor shall cooperate with Government personnel in safeguarding Government property. The Contractor shall be responsible for promptly reporting all acts of vandalism, larceny, and/or pilferage to Government property, and malfunctioning Government equipment to the TPOC. The Contractor shall establish security procedures and safeguards that are compatible with the Government's existing procedures, to protect all equipment, materials, supplies, tools, and other resources. The Contractor shall cooperate with, and provide any assistance necessary to, the Government during any audits, usage checks of expendable property, and inventories of nonexpendable property under control of the Contractor. Any item of value found on the work sites shall be placed into the custody of the TPOC for return to the owner, if ownership cannot be established. The Contractor shall inform the TPOC of any information he or his employees receive about lost and/or found articles from the public.

C-1.25 NOTIFICATION OF WORK TO BE DONE. The Contractor will be notified of work to be performed by issuance of work orders. Under normal conditions, work orders or other notifications will be issued that require response within 48 hours after receipt. All work orders or notifications must be completed by the delivery times as specified in the description of work.

C-1.26 MINIMUM MANPOWER REQUIREMENTS. The Contractor shall provide an adequate number of fully qualified personnel to perform the work specified herein. Personnel required to handle emergency situations shall be available on call, 24 hours per day, 7 days per week.

C-1.27 MINIMUM PERSONNEL QUALIFICATIONS.

a. General. Employees, technical personnel, and consultants shall have the education, experience, or knowledge evidenced by license, certificate, diploma, etc., to provide a comprehensive understanding of the systems and components serviced, operated, maintained, and repaired under this contract. Only qualified mechanics and operators shall service, operate, maintain, or repair heating and air-conditioning systems, control tower equipment, miscellaneous equipment, and vehicles. Only properly trained and qualified employees shall be used in the performance of this contract. All employees shall be subject to applicable Government regulations. In the event the Contracting Officer or his Authorized Representative decides the Contractor does not have a qualified employee to perform the specified work, the Contractor shall be required to immediately provide qualified personnel or to subcontract the work to a specialist.

C-1.28 COOPERATION WITH OTHER CONTRACTORS, LESSEES, AND VOLUNTEERS. The Government may undertake or award other contracts, or have lessees or volunteers performing certain work, including work that could otherwise be performed utilizing work orders under this contract. The Contractor shall fully cooperate with such other Contractors, lessees, volunteers and Government employees. The Contractor shall not commit or permit any act which will interfere with the performance of work by another Contractor, volunteer, lessee, or Government employee. The KO or TPOC can alter the work schedules of the other Contractor, lessee, Government employees, volunteer, or the Contractor to avoid possible conflicts. Any such change (or failure to make such a change) by the KO shall not be the basis for a claim by the Contractor.

C-1.29 REPORTS. The Contractor shall, in an accurate and timely manner, prepare all reports, forms, permits etc., as required in this contract. A partial list of these reports, forms, permits, etc., follows:

Supplies Furnished and Used Contractor Portion of Any CDR Quality Control Inspection Checklists Worksheet (ENG Form 5007-R) Vehicle Operational Record Form (CEORH Form 2813 Test) Activity Hazard Analysis (AHA)

C-1.30 - APPLICABLE PUBLICATIONS. The Contractor shall perform technical work in accordance with applicable publications. They include but are not limited to:

MANUFACTURER'S RECOMMENDATIONS:

Operating Manuals Repair Manuals Maintenance Manuals

INDUSTRIAL STANDARDS AND CODES (Latest Editions):

Underwriter's Laboratories, Inc.

National Electrical Code National Warm Air & Air Conditioning Association National Association of Fan Manufacturers National Fire Protection Association American Society of Heating, Air Conditioning & Refrigeration Institute Sheet Metal Manufacturers Air Moving and Conditioning Association American Welding Society

American National Standards Institute American Concrete Institute Portland Concrete Association Asphalt Institute American Institute of Steel Construction National Association of Architectural Metal Manufacturers Architectural Aluminum Manufacturers Association The Aluminum Association American Society for Testing and Materials Flat Glass Marketing Association American Association of Nurserymen, Inc.

OSHA Safety Standards

C-1.31 DEFINITIONS. As used throughout this description/specification, the following terms shall have the meaning set forth below:

a. Clean. Free of dirt, impurities, or extraneous matter including graffiti. The act of removing all dirt, impurities or extraneous matter without damage, injury, or impairment to that being cleaned.

b. Completion Date. The date specified in the delivery order and/or call letter by which all work must be completed.

c. Contractor. The term Contractor refers to the prime Contractor, subcontractors, and all Contractor employees and personnel. The prime contractor shall be responsible for ensuring all subcontractors comply with the provisions of this contract.

d. Contractor Quality Control Inspector (QCI). Person designated by the Contractor to perform the Contractor's Quality Control program. A QCI shall be responsible for implementing the Contractor Accident Prevention Plan and shall have the authority to determine for the Contractor if work is ready for government inspection and make decisions for the Contractor on re-performance.

e. Contractor Representative (CR). Individual(s) selected to represent the interests of the Contractor with regards to all matters and activities involving this contract and shall be the onsite Contractor employee who is responsible for safety.

f. Contracting Officer (KO). A person with the authority to enter into, administer, and/or terminate contracts for the Government, and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer.

g. EM 385-1-1. Corps of Engineers Safety and Health Requirements Manual, referenced on the web at http://www.usace.army.mil/SafetyandOccupationalHealth/SafetyandHealthRequirementsManual.aspx

h. Flush Toilet. A facility containing waterborne sewage disposal and having sinks, toilets, urinals, etc.

i. Garbage. Animal and vegetable waste, including grease.

j. Inspector. Individual designated by the Government POC to perform Quality Assurance.

k. Item. The term item, when used with the contract, refers to the Bid Schedule Items contained in Section B of the contract.

l. Litter.