W912QR21Q0085.pdf

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Green River Area Dock Removal IDIQ Federal contract opportunity
Solicitation number
W912QR21Q0085
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Department of the Army Corps of Engineers Engineering District Louisville

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SEE ADDENDUM

(No Collect Calls)

W912QR21Q0085 18-Aug-2021

b. TELEPHONE NUMBER

502.315.7028

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 13 Sep 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

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

502.315.6195 OR 6193FAX:

TEL: 502.315.6172 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$41,500,000

NAICS:

488310

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 OF130

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.

Section SF 1449 - CONTINUATION SHEET

SPECIAL INSTRUCTIONS

This Request for Quote (RFQ) is for an Indefinite Delivery Indefinite Quantity (IDIQ) Contract to provide dock removal services in the Green River Area. The Contractor shall furnish all necessary management, personnel, materials, supplies, tools, equipment, fuel, and vehicles, except as otherwise provided herein, required to perform services at Barren River, Nolin River, and Rough River Lake in accordance with the Scope of Work (SOW).

This solicitation contains an option clause to extend the awarded contract for up to two (2) additional one year periods. The one-year option periods are as follows:

Option Year 1: 17 September 2022 through 16 September 2023 Option Year 2: 17 September 2023 through 16 September 2024

One award will be made from this RFQ. The contract type is a Firm Fixed Price, Indefinite Delivery Indefinite Quantity (IDIQ). An IDIQ contract provides for an indefinite quantity, within stated limits, of supplies or services during a fixed period. The Government places orders for individual requirements. The quantities listed within the price breakout schedule are the quantity limits serving as the max capacity for this contract per FAR 16.504.

This procurement is 100% set-aside for Small Business, NAICS 488310, Size Standard $41.5 M.

The basis of award is lowest total price (base plus option years). The offeror shall complete the price breakout.

The total evaluated price will be determined by adding the total of all line items from the price breakout schedule.

The price will be reviewed by the Government for reasonableness and realism through the use of price analysis.

Price will also be checked for unbalancing of line items. Offerors are cautioned to distribute costs appropriately.

Award will not be made to offerors who do not provide reasonable and realistic prices for all line items listed in the price breakout schedule.

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

Quotes are due on 13 September 2021 at 10:00 am Eastern Time. Only Email submissions will be accepted.

Please submit quotes to Kari Rogers at Kari.A.Rogers@usace.army.mil. Fax submittals will not be accepted.

All contractors must be registered in the System for Award Management (www.SAM.gov) prior to award of a contract. 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.

Please begin the registration process immediately in order to avoid delay of the contract award should your firm be selected.

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) within 30 days of activation or the vendor risks no longer being active in SAM.

Vendors can check whether an account is active by performing a query by their CAGE or Unique Entity Identifier (known as DUNS). The new registration process may now take several weeks, so vendors are highly encouraged to begin registering as soon as possible to avoid any possible delays in future contract awards. Remember, there is no cost to use SAM.

To find out additional information about the changes of the SAM registration process, contractors should visit the Frequently Asked Questions (FAQ) link located at the top of the SAM homepage (www.sam.gov).

GREEN RIVER AREA

(BARREN, NOLIN, AND ROUGH RIVER LAKES)

SERVICE CONTRACT

TABLE OF CONTENTS

SECTION C-1

GENERAL

SECTION C-1

GENERAL

C-1.1 PROJECT INFORMATION

C-1.2 SCOPE OF WORK

C-1.3 TASK ORDERS

C-1.4 NEGOTIATION

C-1.5 WORKING HOURS

C-1.6 CONTRACTOR SUBMITTALS

C-1.7 PERMITS AND LICENSES

C-1.8 IDENTIFICATION OF CONTRACTOR EMPLOYEES AND VEHICLES

C-1.9 SAFETY AND SECURITY REQUIREMENTS

C-1.10 ACCIDENT REPORTING

C-1.11 DAMAGE REPORTS

C-1.12 CONTRACTOR EMPLOYEES’ CONDUCT AND COMPETENTCY

C-1.13 DAMAGE OR LOSS OF CONTRACTORS SUPPLIES AND PROPERTY

C-1.14 SUPERVISION

C-1.15 ENVIRONMENTALPROGRAM

C-1.16 CONTRACTOR DISCREPANCY REPORT(CDR)

C-1.17 MEETINGS

C-1.18 QUALITY CONTROL

C-1.19 QUALITY ASSURANCE

C-1.20 DEFICIENCIES

C-1.21 INTERRUPTIONS TO SYSTEMS

C-1.22 GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT

C-1.23 CONTRACTOR FURNISHED ITEMS

C-1.24 SAFEGUARDING GOVERNMENT PROPERTY

C-1.25 NOTIFICATION OF WORK TO BE DONE

C-1.26 MINIMUM MANPOWER REQUIREMENTS

C-1.27 MINIMUM PERSONNEL QUALIFICATIONS

C-1.28 COOPERATION WITH OTHER CONTRACTORS, LESSEES, AND

VOLUNTEERS

C-1.29 REPORTS

C-1.30 APPLICABLE PUBLICATIONS

C-1.31 DEFINITIONS

W912QR21Q0085

DESCRIPTION/SPECIFICATIONS

SECTION C‐1

General

C‐1.1 PROJECT INFORMATION. Rough River Lake is in South Central Kentucky, in Breckinridge and Grayson Counties, approximately 17 miles Northwest of Leitchfield, Kentucky. Principal cities in the area are Leitchfield and Hardinsburg, Kentucky. Nolin River Lake is in South Central Kentucky, in Edmonson, Hart, and Grayson counties, approximately 20 miles south of Leitchfield, Kentucky. Principal cities in the area are Leitchfield and Brownsville, Kentucky. Barren River Lake is in South Central Kentucky, in Allen and Barren Counties, approximately 21 miles east of Bowling Green, Kentucky. Principle cities in the area are Scottsville and Glasgow, Kentucky.

Point of Contact (POC): Jonathan Fillingham, Lead Park Ranger

Phone: 270-286-4511 Email: Jon.P.Fillingham@usace.army.mil

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 services at Barren River, Nolin River, and Rough River Lake , 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 quantities listed in the Price Breakout 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 MORE or LESS than shown. Variation in these estimated quantities shall not be justification for modification of the contract or request for additional payment.

C‐1.3 TASK ORDERS. When work is required under these Specifications, the Contractor shall respond within 2 business days after receipt of notification. The Contractor will be notified of work to be performed by issuance of a Task Order by the Government.

a. Task Orders. All work under this contract will be ordered by issuance of Task Orders (SF1449 or DD1155). The Task Order will list those items from the Price Breakout Schedule to be used to perform the work. The POC will coordinate with the contractor to schedule the work issued from the task order.

b. Fixed Price. Under this procedure the Government requires indefinite quantities of items from the Price Breakout Schedule for routine work. The Contractor furnishes the services in accordance with the technical provision of the contract at the quoted price in the Price Breakout Schedule. The Contractor furnishes all plant, labor 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. Central Time or as specified on the Task Order. Work that interferes with other ongoing functions at the project shall be scheduled around normal working hours, as specified by the Technical POC. Refer to individual sections of this 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) Juneteenth (June 19th) 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 Technical POC.

C‐1.6. CONTRACTOR SUBMITTALS. Unless otherwise specified, the Contractor shall submit the following information to the Technical POC prior to the pre‐work conference for this contract:

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

b. Contractor Representatives. List of names of Contractor Representatives.

c. Accident Prevention Plan (APP). The Contractor shall submit, for acceptance by the Technical POC, an accident prevention plan and Activity Hazard Analysis (AHA) in accordance with the requirements of the Corps of Engineers' Safety and Health Requirements Manual, EM 385‐1‐1, hereinafter referred to as the Safety Manual, current at the time of award.

d. Emergency Contacts. A prioritized list, including phone numbers, of those persons (normally

Contractor Representatives) to call in case of emergencies.

e. Operators. A list of names of qualified equipment/vehicle operators, including experience, training, and qualification to operate specific equipment as required in the Safety Manual

f. Certificate of Insurance. See Section H

g. Security Requirements. See Section C-1.9

h. Certification of Employees Qualified to Administer First Aid and CPR. The Contractor shall submit proof the appropriate number of employees, as required in the Safety Manual, are certified to administer First Aid and CPR (reference TP‐1.7d).

i. Quality Control Plan. Submit one copy of the basic quality control plan.

j. Performance Bond. Submit one copy of the required performance bond.

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

C‐1.8 IDENTIFICATION OF CONTRACT EMPLOYEES AND VEHICLES. Long trousers, shirts, and shoes/boots will be in good condition and be kept clean. Contractor and subcontractor's vehicles shall be identified with the organization name, address and telephone number prominently displayed on the outside of both front doors of the vehicle for readily visible identification.

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 Technical POC 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(http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_38 5-1-

1. pdf), and as otherwise stated herein. Special attention shall be given to the requirements for safety meetings. The Contractor shall inform the Technical POC a minimum of 7 Calendar 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 Accident Prevention Plan to assure that requirements of the safety program are provided as specified. This plan must be accepted by the Contracting Officer prior to commencement of any work. One copy of the Accident Prevention Plan shall be provided to the Contracting Officer and the Technical POC one week prior to the pre-work conference. The Accident Prevention Plan must be in the outline and form prescribed in Appendix A of EM 385- 1-1.

c. Activity Hazard Analysis.

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 Task 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 Technical POC 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 A, which shall be used by the Contractor as a guide for the preparation of required AHA's.

d. Public Safety. 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 Technical POC any potential hazards found by his employees on the project. The Accident Prevention Plan 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 Task 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 (as detailed in C-1.8), long trousers and appropriate footwear during all contract work. Face shields, spectacles with side-shields, or goggles, and hearing protection shall be worn by employees when required by the safety manual. Fire extinguisher(s) and first aid kit(s) meeting the Safety Manual standards shall also be provided and easily accessible to all employees.

f. Contractor Employees Certified in First Aid & CPR. The Contractor shall schedule employees so the appropriate numbers of certified personnel are on duty to administer First Aid and CPR as required by the Safety Manual. 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 the Safety Manual. The Contractor shall provide Material Safety Data Sheets (MSDS) and/or Safety Data Sheets (SDS) for review by the Technical POC 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.

i. Required Security Training and Planning.

1. Access and General Protection. 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/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 (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) 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.

2. Suspicious Activity Reporting Training. 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 Technical Point of Contact NLT 5 calendar days after the completion of the training.

3. Prescreen/E-Verification. 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 Technical Point of Contact no later than 3 business days after the initial contract award.

C‐1.10 ACCIDENT REPORTING. The Contractor shall maintain accurate accident records and report accidents as prescribed by the Technical POC. Accidents shall be reported within 24 hours of occurrence, and all serious accidents (those resulting in death or injury requiring medical attention or lost time) shall be reported immediately.

C‐1.11 DAMAGE REPORTS. In all instances where Government property, equipment, natural features, landscape, or trees are damaged by contract employees, an immediate notification shall be made to the Technical POC. A full report of the incident and extent of such damage shall be submitted to the Technical POC within two Business days of occurrence, excluding weekends and holidays.

C‐1.12 CONTRACT EMPLOYEES’ CONDUCT AND COMPETENCY. All contract employees shall conduct themselves in a proper 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.

a. Employee Dismissal. The Contractor expressly agrees to dismiss any employee or subcontractor employee whose continued employment is deemed by the Technical POC to be inconsistent with the best interests of the public or the U.S. Army Corps of Engineers. The KO or the Technical POC 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. Immediate replacement of the employee shall be made.

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 Government assumes no responsibility for theft, damage, etc., of the above.

C‐1.14 SUPERVISION.

a. General. The Contractor shall act as, or provide, a Superintendent physically present on‐site whenever the work specified herein is being performed. The Contractor shall appoint a representative in his/her absence, or in the absence of the Superintendent. The Superintendent and any designated representative shall have full authority to represent the Contractor for prompt action on any matter pertaining to contract administration. The Superintendent shall deal directly with the Technical POC or a designated representative for day‐to‐day administration of contract provisions. If the Contractor appoints a Superintendent, one primary Superintendent shall be appointed to coordinate all communications with the Technical POC for all activities under this contract, except that an alternate Superintendent may be appointed to act on behalf of the primary Superintendent in this individual’s absence.

b. Communication. The Contractor or the appointed Superintendent shall contact the Technical POC or his designated representative daily, or as directed by the Technical POC, to coordinate his work schedule in compliance with the contract terms and arrange satisfactory operating agreements between his operations and the Corps of Engineers. The Contractor shall furnish the Technical POC, in writing, the name of a superintendent for on‐the‐job contact and supervision purposes. The Contractor and Superintendent shall attend a pre‐work conference at the Project Office prior to commencing contract work. The Contractor or Superintendent shall maintain a communication system which ensures a maximum one‐half hour (1/2) hour response to messages or inquiries from the Technical POC, or his representative, on major issues such as performance related problems needing attention and relaying emergency messages to Contractor employees.

C‐1.15 ENVIRONMENTAL PROGRAM.

a. General. 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 Technical POC. Citations for noncompliance with environmental standards against work performed by the Contractor are a matter of resolution between the installation representative and the issuing office. Payment of fines or penalty charges associated with citations issued by Federal, State, or local officials will be made by the Government. If the citations are issued due to faulty operation or maintenance practices or negligent acts on the part of Contractor employees, the Technical POC will deduct the fine or penalty from any payment due the Contractor.

b. Refuse Hauling, Dumping and Disposal Areas. Transportation of refuse and debris shall comply with

State and Federal Laws. Anytime the Contractor is hauling refuse. Unless otherwise specified, all refuse and debris shall be removed from the project on the day it is picked up. All refuse shall be hauled to a State approved Sanitary Landfill or Transfer Station. Receipts indicating delivery of refuse and the dates and times of dumping will be retained by the Contractor and be subject to regular inspection by the Technical POC. No dumping or disposal shall be permitted upon Government property without prior approval from the Technical POC.

C‐1.16 CONTRACT DISCREPANCY REPORT (CDR). A CDR is a formal document used by the Government to process defects in services (see Exhibit B). 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. The Contractor's response must:

a. Identify the cause and corrective action taken, and

b. Identify Contractor action to prevent recurrence.

The Contracting Officer or the Technical POC will evaluate the Contractor's response and take appropriate action, which may include making necessary deductions. Upon finalization of the CDR, the Contractor and the Technical POC 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 and/or superintendent shall meet with the Technical POC or his designated representative weekly when an active delivery order is in place or as determined by the Technical POC. The Technical POC will hold a meeting not later than one normal workday after a Contract Deficiency Report (CDR) is issued. Mutual effort will be made to resolve any problems identified. Written minutes of these meetings shall be prepared by the Technical POC and signed by the Technical POC and the Contractor or their representative(s).

Should the Contractor not concur with any decisions, etc., contained in the minutes, the Contractor shall state so in writing, and request a final decision by the KO.

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 Technical POC.

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 Technical POC and/or inspector.

A signed plan, including Contractor specific information, shall be provided to the Contracting Officer and the Technical POC, and accepted, prior to the Pre-Work Conference. If changes to this program occur, updated copies shall be provided to the Contracting Officer and Technical POC.

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 accordance with the Quality Assurance Surveillance Plan, Exhibit C, and reserves the right to perform inspections at a level sufficient to assure adequacy of the Contractor's Quality Control Plan. The Government will use 100% Inspection.

1) Quality Assurance Inspections. The Technical POC will inform the Contractor as to how the Government intends to inspect the contract and who is in charge of Quality Assurance. The Quality Assurance Inspector (QAI) will keep a daily log of all communications with the Contractor and/or Contractor’s superintendent. The Contractor and the QAI shall coordinate work schedules and inspections to best evaluate Contractor performance. The plan shall contain a method of informing the Government when items of work are ready for inspection, i.e. a detailed written route schedule indicating the times routine work is performed in each area.

2) Contractor Deficiency Reports. When the Contractor fails to perform according to the performance standards, the Technical POC will notify the Contractor in writing by issuing a Contractor Deficiency Report (CDR), stating the nature and extent of the deficiency. The Contractor shall explain in writing the reason(s) performance was less than satisfactory and how to prevent recurrence, within two business days of receipt of the CDR.

3) Deductions. If the performance of any required service is unsatisfactory, not quickly correctable, and is the fault of the Contractor, the Government will deduct the cost from payments due the Contractor.

Deductions will be based on the Price Breakout Schedule, or the Government's cost to complete the work.

Normally, re‐performance will not be permitted on services required on a highly repetitive basis.

C‐1.20 DEFICIENCIES. If the performance of any required service is unsatisfactory, not quickly correctable, and is the fault of the Contractor, the Government will deduct the cost from payments due the Contractor. Deductions will be based on the Price Breakout Schedule, or the Government's cost to complete the work. Normally, re‐ performance will not be permitted on services required on a highly repetitive basis.

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 Technical POC. 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. All major maintenance on equipment and any maintenance that could endanger visitors shall be conducted off government property.

C‐1.22 GOVERNMENT FURNISHED MATERIALS AND EQUIPTMENT.

a. Government Furnished Facilities. No facilities will be provided in this contract.

b. Utilities. No utilities will be provided 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. Safety Manual. Prospective contractors may review a copy of the Safety and Health

Requirements Manual EM 385-1-1 at the Project Office. The Contractor shall be provided one copy of Safety Manual EM 385-1-1, during the pre-work conference.

e. Access. In the cases where access is required or the contractor chooses to cross private property, the contractor will be responsible for gaining legal access with an adjacent landowner.

C‐1.23 CONTRACTOR‐FURNISHED ITEMS.

a. General. Unless otherwise specified, the Contractor shall furnish all personnel, tools, facilities, vehicles, transportation, equipment and operators, supplies, or materials required to perform all work.

All Contractor‐furnished equipment, supplies, materials, vehicles, etc., shall meet all applicable Federal, Department of Defense, Department of the Army, State and local laws and regulations. All materials shall be subject to approval by the Technical POC prior to use.

b. 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.

c. Contractor Equipment and Supply Inspections. 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) Business days after notice from the Technical POC. 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 D). 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 reporting all acts of vandalism, larceny, or pilfering to the Technical POC. The Contractor shall establish security procedures and safeguards 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 Technical POC for return to the owner, if ownership can be established. The Contractor shall inform the Technical POC 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 Task Orders. The Task Orders must be signed and return to the Technical POC within 24 hours of delivery. All Task Orders must be completed within 90 calendar days of delivery.

C‐1.26 MINIMUM MAN‐POWER 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. 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 KO 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 Task 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 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:

Contractor Portion of Any CDR Quality Control Inspection Checklists 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):

2020 Shoreline Management Plan for Barren, Nolin, and Rough River Lakes Underwriter's Laboratories, Inc.

National Electrical Code National Fire Protection Association Sheet Metal Manufacturers American Welding Society OSHA Safety Standards

C‐1.31 DEFINITIONS. As used throughout this Description/Specification/Technical Provisions, the following terms are defined:

a. Contractor. The prime Contractor and all Contractor employees and personnel. The prime Contractor shall be responsible for ensuring all subcontractors comply with the provisions of this contract.

b. Contracting Officer (KO). An individual designated in writing by the Contracting Officer to be responsible for administration of the contract and Quality Assurance Representative.

c. Contractor Representative. A foreman or superintendent, assigned to represent the interest of the

Contractor with regards to all matters involving the contract.

d. Contracting Officer's Representative (COR). An individual with written designation from the Contracting Officer to be responsible for contract administration. The COR may designate project personnel to act on his behalf, in the daily administration of the contract.

e. Fully Clothed. Contractor and employees must wear sleeved shirts without abusive language and/or pictures, shoes as stated in EM 385‐1‐1, “Safety and Health Requirements Manual”, and pants without holes suitable for the weather and work conditions.

f. Quality Assurance. Action taken by the Government to ensure the Contractor’s quality control system is functioning and effective, and the Contractor is providing services, which are in accordance with this contract.

g. Quality Control. Action taken by the Contractor and/or their personnel to document, inspect, and control performance of services to ensure they meet the specifications and requirements of this contract.

h. Rain Day. A day when rain, wet turf and/or slippery conditions prevent the contract crew from starting work at the beginning of the shift or working 3/4 of their normal shift.

i. Boat Dock. A structure extending into the water onto which boats may be moored. The typical configuration of a boat dock on Barren, Nolin, and Rough River Lakes is a “L” shape consisting of a main section and finger. A typical finger section is 4’x20’. A typical main section is 6’x16’. Other dock configurations include a “T” and “U” shape. Sizes and configurations will vary.

1) Dock “Main” Section: The section of the dock that is parallel with the shoreline.

2) Dock “Finger” Section: The section of dock that is perpendicular to the shoreline.

3) Dock “Walkway” Section: The section of dock that extends from the shoreline to the

“Main” dock section.

j. Stand-off Pipe. A metal pipe connecting the boat dock to the shoreline for added support and strength.

Stand-off pipes can vary in length and diameter.

k. Cables. A metal, normally braided, cable connecting the dock to the shoreline that prevents the dock from moving from its approved location.

l. Anchors. The anchors referenced in this contract are normally concrete anchor points for attaching the stand-off pipes or cables to the shoreline. Anchors points may also be screw-in type, or fastened directly into the solid rock bed on the shoreline.

m. Specified Dock. The dock that is specified to be removed by the technical POC.

n. Interior Dock. A dock that has other adjacent docks located and attach to both sides.

o. End Dock. A dock that has only one adjacent dock attached. The adjacent dock could be attached to either side of the dock.

p. Single Member Dock. An individual dock with no adjacent docks attached on either side.

Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

- U.S. Department of Labor Veterans’ Employment and Training Service (VETS): https://www.dol.gov/vets/

- Federal Veteran Employment Information: https://www.fedshirevets.gov/

- Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

- U.S. Army Warrior Transition Command Employment Index:

https://wct.army.mil/modules/employers/index.html

- Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes

SECTION C-15

General

C-15.1 GENERAL. The work shall consist of removal and disposal of abandoned, deteriorated, or condemned structures such as docks, stairs, and improved pathways. This work will be conducted at the Barren River, Nolin River, and Rough River Lake Projects. The use of any non-standard methods or practices, or any deviation from the following specifications must receive prior approval of the Technical POC (Person of Contact). The Contractor shall provide all personnel, materials, supplies, tools, equipment, and transportation required to perform this work, unless otherwise specified herein.

C-15.2 WORK TO BE PERFORMED.

a. Access. In the cases where access is required to cross private property, the contractor will be responsible for gaining legal access with an adjacent landowner.

b. Dock Removal and Disposal. Wooden and Metal (both interior and end docks) docks will be removed and disposed of by the contractor according to the following requirements:

1. The Technical POC shall specify the exact dock to be removed.

2. The contractor shall remove the dock specified by the Technical POC without damaging adjacent docks.

Interior and End docks shall be removed by disconnecting the hinges from the adjacent dock(s).

3. After an interior dock is removed from the dock string, the two adjacent docks shall be reconnected to each other by the contractor. The contractor shall ensure that the reconnected docks are level after reconnection.

4. All anchor cables and/or stand-off pipes attached to the specified dock shall be disconnected before removal. All disconnected anchor cables and/or stand-off pipes shall be reattached to the adjacent dock(s) after they are reconnected.

5. For single member docks, the standoff pipes and/or anchor cables shall also be removed and disposed of with the dock.

6. Concrete anchors attaching the anchor cables and/or stand-off pipes to the shoreline will not be removed with the cables and/or pipes.

7. Any apparent structures such as ladders, boat lifts, storage boxes, etc. shall be removed from project lands and disposed of with the specified dock.

8. Unattached dock sections (Main, Finger, or Walkway Sections) shall be removed from the project when specified by the Technical POC. When unattached dock sections are removed, any related structures such as anchor cables and/or stand-off pipes shall be removed with the dock section. These unattached dock sections in some cases will be located a substantial distance from the shoreline as opposed to floating in the water. Contractor should be prepared to remove these structures from government property using alternative techniques as opposed to methods used for removing floating dock structures.

9. All materials associated with the specified dock shall be removed from project lands and waters. The contractor shall properly dispose of all materials removed from the project in accordance with local, state, and federal laws and policies. The contractor shall provide a receipt documenting the proper disposal of all materials removed from project lands. Any usable materials that are removed from project lands may be recycled or repurposed.

c. Staircase and Timber Lined Pathway Removal. Wooden/Metal Staircases and Improved Pathways will be removed and disposed of by the contractor according to the following requirements:

1. The technical POC shall specify the exact staircase and/or improved pathway to be removed.

2. All materials associated with the specified staircase and/or improved pathway shall be dismantled and removed from project lands.

3. If supports for the staircase and/or improved pathway are anchored into the ground with concrete, all materials located below ground level shall be allowed to remain in place to reduce erosion and damage to project lands. If supports are anchored into rock, anchors shall be removed or cut flush with the rock’s surface without leaving sharp edges.

4. Gravel associated with stairs or timber line pathways shall be dispersed. The dispersed gravel shall be raked in a manner that the seed mixture specified in item (5) will have contact with the soil to promote growth.

5. The Contractor shall also seed and straw the footprint of the stairs or timber-lined pathway with a seed mixture that will be provided by the government according to the manufacturer’s recommendations. Weed free straw shall be used by the contractor.

6. All materials associated with the specified stairs and/or improved pathway shall…

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