W912QR22Q0020 Amendment 0001.pdf

W22W9K13486798

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

W912QR22Q0020 for the removal of Driftw ood at Buckhorn Lake is hereby modif ied as follow s:

1. The scope of work has been replaced in its entirety. The new scope incorporates four additional pictures under Exhibit B. The due date for submissions has not been changed.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 3

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

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912QR22Q0020

X 9B. DATED (SEE ITEM 11)

14-Jan-2022

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

U0001

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

19-Jan-2022

CODE

U. S. ARMY ENGINEER DISTRICT, LOUISVILLE

600 DR. MARTIN LUTHER KING, JR. PLACE

ROOM 821

LOUISVILLE KY 40202-2239

W912QR 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SPECIAL INSTRUCTIONS

The Contractor shall furnish all necessary management, personnel, materials, supplies, tools, equipment, fuel, and vehicles, required to perform driftwood and trash removal services from the Buckhorn Lake Dam upstream 4 miles to the State Resort Park boat ramp for 365 days post date of award, in the Buckhorn Lake project operational areas. All work will be completed 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 services 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.

One award will be made from this RFQ.

LOCATION:

U.S. Army Corps of Engineers Buckhorn Lake 804 Buckhorn Dam Road Buckhorn, KY. 41721 Phone: 606-398-7251 Technical Point of Contact (TPOC): Dewayne Shouse

This procurement is 100% set-aside for Small Business, NAICS 561730 ($8.0 M).

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

There is no bonding requirement for this procurement action.

Quotes will not be accepted for quantities less than the quantities specified in the price breakout schedule. Failure to submit a unit price for all items listed will be considered as a material deviation from the requirements of the RFQ and the quote will be rejected. An additional excel spreadsheet is provided for convenience in filling out the price breakout schedule. Offerors should complete the price breakout schedule within this solicitation.

The contract award will be based on Best Value to the Government. Factors to be considered are Past Performance and Price. The Offeror must complete the Price Breakout schedule. In addition to the completed price breakout schedule/price quote, the Offeror must complete and submit the forms located in Exhibit F of this solicitation. All evaluation factors, other than price, when combined are considered equal to price.

The solicitation will be available on the web only. Telephone and FAX requests for this solicitation will not be honored. Project files are Portable Document Format (PDF) files and can be viewed, navigated, or printed using Adobe Acrobat Reader.

Quotes are due on 26 January 2022 by 0200 PM Eastern. Fax submittals will not be accepted. Electronic submittals will be accepted and may be emailed to kurt.m.egner@usace.army.mil. Interested contractors are highly encouraged to schedule a Site Visit. Site visits may be scheduled prior to the due date for submitting proposals by contacting Mr. Dewayne Shouse at (606)398-7251. Please note that the site visit is not an opportunity for questions or clarifications regarding this solicitation. All questions shall be submitted to the contracting specialist through email at kurt.m.egner@usace.army.mil.

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 mailto:kurt.m.egner@usace.army.mil mailto:kurt.m.egner@usace.army.mil.

http://www.sam.gov/ 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 NOTE: SAM is completely free of charge for both registrants and users.

Evaluation Factors for Contract Award

The intent of this solicitation is to select one contractor to perform drift wood and trash removal services at the Buckhorn Lake project area. The Government will evaluate the quotes in accordance with the criteria described herein, and award a firm fixed price contract to the responsible offeror, whose quote conforms with all the terms and conditions of the solicitation and whose quote is determined to represent the overall best value to the Government, all factors considered. “Offeror Quotes” as referred to in this solicitation shall include the following:

Completed Price Breakout Schedule/Price Quote Completed “Offeror’s Statement of Contract/Work Experience and Performance” forms located in Exhibit F.

The basis of award is the Tradeoff Process. The Contracting Officer will award a firm fixed price contract to the responsible offeror whom the Source Selection Authority determines conforms to the solicitation, is fair and reasonable and offers the best overall value to the Government, all factors considered. The Government reserves the right to accept other than the lowest priced offer or to reject all offers.

Evaluation Criteria.

Content and Rating. Offeror quotes shall be specific and complete in every detail and shall contain the information necessary to properly assess and evaluate the Contractor's capability to perform the specified contract services, based upon the following factors:

1. Past Performance

2. Price

All evaluation factors, other than price, when combined are considered equal to price. In addition to a complete and properly prepared price breakout schedule or price quote, the Contractor shall also complete the “Offeror’s Statement of Contract/Work Experience and Performance” forms contained in Exhibit F. The price breakout schedule and information provided on the forms will be used to evaluate each Offeror’s quote. Quotes will be evaluated based on the degree to which the quote meets, fails to meet, or usefully exceeds the standards established for individual factors, and compared with acceptable quotes submitted by other Offerors. Quotes will be evaluated in accordance with the factors contained in the following paragraphs.

Past Performance.

Offerors will be evaluated on their record of conforming to specifications and standards of good workmanship;

adherence to schedules, including the administrative aspects of performance; concern for safety and accident prevention; reasonable and cooperative behavior and commitment to customer satisfaction. One of the forms contained in Exhibit F shall be used by the Offeror and submitted as a part of the quote to provide business references that can be contacted for the purpose of verifying past performance. The Government will consider information in the Performance Evaluation completed by personnel for whom the Offeror has performed services, and any information obtained from other sources. The evaluation process essentially consists of four parts: quote compliance review and responsibility determination, technical evaluation, price evaluation, and price/technical trade-off analysis.

Quote Compliance Review: This is an initial review to ensure that all required forms and certifications are complete and that both a technical and price quotes were received.

Technical Evaluation: The Source Selection Evaluation Board (SSEB) will evaluate and rate the quotes against the RFP requirements. Factors will be rated using an adjectival-based system. Past Performance will be rated based on recently/relevancy and confidence.

Price Evaluation: The SSEB and Contracting Officer/SSA will evaluate price quotes independent of the technical evaluation. The SSEB will not have access to price information until completion of the technical evaluation.

Price/Technical Trade-off Analysis: After all above evaluations are complete, the Contracting Officer/SSA will compare the relative advantages and disadvantages of technical quotes and compare prices. The Source Selection Authority (SSA) will then consider all factors to select the quote offering the best value to the Government.

To demonstrate experience, Offerors shall provide up to three (3) projects demonstrating experience related to the requirements of this solicitation. The information provided by the Offeror should include applicable types of business/work experience that would indicate an ability to accomplish the types of services contained in this solicitation. The information will also be used to evaluate the Offeror’s experience with the accomplishment of services of a similar scope and scale.

Price.

Price. The completed price breakout schedule will be reviewed for completeness and compatibility with the estimated price to perform the contract services. The price will be evaluated on as total price for all items listed.

The price will be evaluated by the SSEB and Contracting Officer/SSA for fairness and reasonableness through the use of a price analysis. Price will also be checked for unbalancing of line items. Offerors are cautioned to distribute prices appropriately.

Overall Price Evaluations. The Government will evaluate quoted prices for award purposes by adding the Offeror’s total price for all items listed.

Discounts. Prompt payment discounts will not be considered in the evaluation of quotes.

Evaluation Process.

Award will be made to the responsive and responsible Offeror, whose quote conforms to the solicitation requirements with acceptable Past Performance/Price as determined by the Contracting Officer, and when compared to other acceptable quotes is determined to be the “Best Value to the Government.”

The Government may award a contract based on initial offers received, without discussions of such offers.

The Government reserves the right to check any or all cited references to verify supplied information and to assess owner satisfaction. The Government also reserves the right to not contact the provided references. The Government will at a minimum review past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including CPARS. The Government may also use other tools such as FAPIIS, CPARS, etc. or any other relevant information to assist in its evaluation of an offeror’s past performance.

Selection of a Contractor will be made by an integrated assessment of the quotes submitted. The integrated assessment will involve an evaluation by the Government of the overall merits of each Offeror's quote, recognizing that the subjective judgment on the part of the Government evaluators is implicit in the entire process. An award will be made as a whole to the Offeror whom the Government determines can accomplish the necessary services to satisfy the objectives and requirements set forth in the contract specifications at the Best Value to the Government.

The Price Quote will not be the controlling factor in the final selection of a Contractor for this solicitation. As the overall merits of competing Offeror Quotes become more equal, total price and other price related factors could become the deciding factor for selection, unless the most acceptable quote (on the basis of combined factors) is determined to be worth the price differential, if any.

Ratings.

Evaluators will apply the adjectival rating for the definition that most closely matches the evaluation.

Definitions

Deficiency. A material failure of a quote to meet a Government requirement or a combination of significant weaknesses in a quote that increases the risk of unsuccessful contract performance to an unacceptable level. See FAR 15.001.

Strength. An aspect of an offeror’s quote that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

Significant Strength. An aspect of an offeror’s quote that has appreciable merit or appreciably exceeds specified performance or capability requirements in a way that will be appreciably advantageous to the Government during contract performance.

Weakness. A flaw in the quote that increases the risk of unsuccessful contract performance. See FAR 15.0001.

Significant Weakness. A flaw in the quote that appreciably increases the risk of unsuccessful contract performance. See FAR 15.001.

Uncertainty. Any aspect of a non-price factor quote for which the intent of the offeror is unclear (e.g., Performance Confidence Assessments Rating Definition Substantial Confidence Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will successfully perform the required effort.

Neutral Confidence No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

more than one way to interpret the offer or inconsistencies in the quote indicating that there may have been an error, omission or mistake).

Clarification. Limited exchanges between the Government and offerors that may occur when award without discussions is contemplated. See FAR 15.306(a)(1).

Adverse Past Performance. Past performance information that supports a less than satisfactory rating from sources where the information is from other than formal rating systems such as “PPIRS” or

“FAPIIS.”

PRICE BREAKOUT SCHEDULE

BUCKHORN DAM, BUCKHORN, KENTUCKY DRIFT WOOD AND TRASH REMOVAL SERVICES

ITEM

NO.

ITEM DESCRIPTION UNIT COST PER

CUBIC YARD

CUBIC YARDS TOTAL

0001 Drift Wood Removal Service.

$ 6,500 $

0002 Trash Removal Service. $ 50 $

GRAND TOTAL $

REPS & CERTS

REPRESENTATIONS & CERTIFICATIONS

COMPANY NAME AND ADDRESS: PHONE

NUMBER FAX NUMBER

EMAIL ADDRESS

BUSINESS SIZE (select one)

Large Business Small Business HUBZone Business 8A

Woman-Owned Service-Disabled Veteran-

Owned

Contractor is registered with SAM: YES NO (See FAR 52.204-7)

TAX ID #

INDICATE Unique Entity Identifier (previously DUNS NUMBER) (Note: See FAR

52.204-7. Unique Entity Identifier is a 9 digit numeric code.)

CAGE NO. (FAR 52.204-7)

Special Specification:

BUCKHORN LAKE DRIFT WOOD AND TRASH REMOVAL SERVICE CONTRACT

SECTION C-1

GENERAL

C-1.1 PROJECT INFORMATION

C-1.2 PERFORMANCE WORK STATEMENT

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 ENVIRONMENTAL PROGRAM

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

C-1.29

COOPERATION WITH OTHER CONTRACTORS, LESSEES, AND

VOLUNTEERS

REPORTS

C-1.30 APPLICABLE PUBLICATIONS

C-1.31 DEFINITIONS

DESCRIPTION/SPECIFICATIONS

SECTION C-1

General

C-1.1 PROJECT INFORMATION. Driftwood and Trash Removal Services for Buckhorn Lake, Buckhorn, Kentucky.

C-1.2 P E R F O R M A N C E WORK STATEMENT. The Contractor shall furnish all necessary management, personnel, materials, supplies, tools, equipment, fuel, and vehicles, required to perform driftwood and trash removal services from the Buckhorn Lake Dam upstream 4 miles to the State Resort Park boat ramp for the period from date of contract award 365 days after award, in the Buckhorn Lake project operational 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 will concentrate driftwood and trash removal in the areas designated on the attached map in alphabetic order. 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 Operations Manager known as the Technical Point of Contact (TPOC).

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 and project operational areas. The Corps is committed to "Customer Care" and providing quality professional service.

C-1.3 TASK ORDERS. NOT APPLICABLE.

C-1.4. NEGOTIATION. NOT APPLICABLE.

C-1.5 WORKING HOURS.

Normal Working Hours. Normal working hours, except as otherwise specified herein, shall be Monday through Friday, 7:00 a.m. to 4:30 p.m. Eastern Standard Time or specified on the Task 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. Refer to individual sections of this specification for specific schedules of work.

Holiday Work. The 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 TPOC.

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.

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 work load during holiday periods because of heavy visitation. The TPOC will notify the Contractor of actual work requirements.

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:

a. Quality Control Plan. A suggested outline for the Contractor's Quality Control Plan. Exhibit E.

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

c. Contractor Representatives. List of names of Contractor Representatives.

d. Accident Prevention Plan (APP). A suggested outline for the Contractor’s Accident Prevention Plan Appendix A of EM 385-1-1 See Section C-1.9 for APP requirements. Exhibit F.

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 experience, training and qualification to operate specific equipment.

g. Certificate of Insurance – See C.2.3.2

h. Security Requirements – See Section C-1.9

i. Certification for Rollover Protective Structures (ROPS). – See Section C.2.3.5

C-1.7 PERMITS AND LICENSES. The Contractor shall obtain, at own expense, any required licenses, permits or certifications necessary to perform the specified services. Required licenses, permits and certifications shall be kept current during the period the work is performed. The Contractor is also responsible for any and all costs associated with the training of Contractor personnel to acquire and maintain valid licenses, permits or certifications necessary to perform the contract services specified herein. The Contractor, Contractor personnel and any persons acting on behalf of the Contractor shall comply with all applicable Federal, State and local laws and regulations, including any subsequent changes to these laws and regulations. Minimum Personnel and Training Requirements. The Contractor shall provide an adequate number of fully trained and qualified personnel to perform the work specified herein.

Contractor personnel shall be properly trained to perform their assigned work in a safe and effective manner.

Training shall include but is not limited to instruction on the proper and safe use and operation of Contractor equipment and any Contractor provided tools, supplies and materials required to perform the specified services. Only properly trained and qualified employees shall be used in the performance of services specified herein. The Contractor shall also assume responsibility for training or Orienting Contractor personnel to perform the services specified in the contract. In the event the Contracting Officer or his/her Authorized Representative determines that the Contractor does not have a qualified employee performing the specified work, the Contractor shall be required to provide qualified personnel, or subcontract the work to a person or persons who are trained and qualified to perform the work. The Contractor acknowledges that the employment of undocumented migrant workers to perform services under this contract will not be permitted.

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 Government POC for short term workers, or during disasters, emergencies, wildfire suppression, or special circumstances specified by the Government POC. 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 Government POC. 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. Performance of all services shall assure complete safety to public visitors, Contractor employees, and all other persons in the area. The Contractor shall comply with any pertinent requirements contained in the Corps of Engineers Safety Manual (EM 385-1-1), current at the time of award and any subsequent revisions to that document. Furthermore, the Contractor shall comply with pertinent occupational safety and health standards for general industry (29 CFR Part 1910) as required by the Occupational Safety and Health Administration (OSHA). 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.

b. 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 or latest version and as otherwise stated herein. Special attention shall be given to the requirements for safety meetings.

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

c. 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 TPOC 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.

Activity Hazard Analysis (AHA).

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. 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 “Tool https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

Box” 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 Tool Box safety meeting for Contractor employees so that the Government may attend such reviews.

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

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.

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 TPOC 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 contract.

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. Face shields, spectacles with side-shields, or goggles, and hearing protection shall be worn by employees when required by safety 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 Manual standards shall also be provided and easily accessible to all employees.

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.

Copies of their certification shall be provided in accordance with regulations. Two people per crew shall be trained in First Aid and CPR. Individuals working alone shall be trained in First Aid.

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 p rov ide 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.

Kentucky Division of Forestry. The Kentucky Division of Forestry office for Buckhorn Lake is located at 232 Birch street Hazard, KY. 41701. Telephone # 606-435-6037. The Kentucky Division of Forestry requires the contractor to call before any burning takes place. The Kentucky Division of forestry has the authority to grant or deny burning at any location or any time.

The Kentucky Division of Forestry Fire Hazard Seasons:

Spring Fire Hazard Season: February 15th – April 30th Fall Fire Hazard Season: October 1st – December 15th During these seasons burns within 150’ of the woodland can only be done between the hours of 6:00PM and

6:00AM.

Burns mor than 150’ from the woodland can be done at any time.

Required Security Training and Planning

A. Access and General Protection/Security Policy and Procedures.

All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks 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.

B. 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 TPOC NLT 5 calendar days after the completion of the training.

C. Pre-screen candidates using E-Verify Program.

The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the 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 TPOC. For property damage accidents of $2,000 or more, the Contractor shall complete and submit to the TPOC a copy of ENG Form 3394. The Contractor shall maintain an OSHA 300 Log of On – The – Job injuries and first aid treatments.

The Contractor shall also provide a monthly record of all exposure and accident experience incidental to the performance of services under the contract. This reporting requirement includes exposure and accident experience of both the Prime Contractor and any subcontractor(s). A Monthly Record of Work-Related Injuries/Illnesses & Exposure form will be available from the Project Manager/TPOC. The Monthly Record of Work-Related Injuries/Illnesses & Exposure report shall be provided to the TPOC by the 5th working day of the month for the previous month.

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 work days (less weekends and holidays) of occurrence. For property damage accidents of $2,000 or more the Contractor will complete and submit to the TPOC a copy of ENG 3394.

C-1.12 CONTRACTOR 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 TPOC to be inconsistent with the best interests of the public or the U.S. Army Corps of Engineers. The KO or the TPOC 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. The Government is not responsible for providing storage areas or facilities for the storage of Contractor supplies, materials and equipment. With prior approval, the TPOC may provide a location for the temporary storage of large mowing equipment to prevent the transportation of such equipment to/from the work site while a particular service is being performed. However, the Government assumes no liability for the loss or destruction of Contractor equipment while it is stored on Government property. Upon request, the Government may also provide a storage locker for modest quantities of janitorial-type cleaning supplies and cleaning equipment.

However, it shall be understood that the Government is not required to provide storage facilities for Contractor supplies and materials used in the performance of contract work.

C-1.14 SUPERVISION.

The Contractor is responsible for providing on-site supervision and quality control inspections of work performed under the contract. The level of supervision and inspections shall be sufficient to assure that services are performed in accordance with contractual requirements and all applicable Federal, state, and local laws and regulations. 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 Accident Prevention Plan. 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, Activity Hazard Analysis, 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.

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, 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.

If during the performance of contract services, the Contractor encounters any abandoned containers on Government property (i.e., barrels, drums, etc.), suspected of containing, or having contained, hazardous or toxic substances, the Contractor shall immediately notify the TPOC. The containers shall not be moved or disturbed by the Contractor until the Government confirms that there is no hazardous or toxic substance involved. Once there is confirmation that the containers do not contain hazardous or toxic substances, the Contractor shall be responsible for removing them as a part of this contract. At no time will the Contractor be responsible for handling containers involving hazardous or toxic substances under this contract.

C-1.16 CONTRACT DISCREPANCY REPORT (CDR). A CDR is a formal document used by the Government to process defects in services. 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:

Identify the cause and corrective action taken and 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.

C-1.17 MEETINGS. The Contractor is required to attend a pre-work meeting to be scheduled by the TPOC. The Contractor or his authorized representative shall report each Month with the schedule and location determined by the TPOC to discuss contract work items. Specific topics of discussion at the Monthly meetings may include issuing 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. A tour of the work site will be conducted following the discussions. It is recommended that the Contractor’s on-site representative or superintendent also attend this meeting. During the pre-work conference, the Contractor shall also provide any required submittals not previously submitted.

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.

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. 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 nonperformance by the Contractor, a CDR may be issued.

A Government employee shall not be considered an Inspector unless he identifies himself 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 Contracting Officer 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.