W912QR22Q0072 Amendment 0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

Solicitation W912QR22Q0072 to provide Mow ing and Maintenance Services at Markland Locks and Dam is hereby amended as follow s:

a. The Site Visit contact information and Technical Point of Contact (TPOC) is hereby updated to Patrick Casto.

b. The due date is not extended as a result of this amendment.

c. All amendments must be acknowledged.

d. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 2

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 W912QR22Q0072

X 9B. DATED (SEE ITEM 11)

08-Jun-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.

2. AMENDMENT/MODIFICATION NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

10-Jun-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

This Request for Quote (RFQ) is to provide all necessary management, personnel, materials, supplies, tools, equipment, fuel, and vehicles, except as otherwise provided herein, required to perform mowing and maintenance services at Markland Locks and Dam. 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.

Period of Performance: Date of Award through 31 December 2022 Option Year 1: 01 January 2023 through 31 December 2023 Option Year 2: 01 January 2024 through 31 December 2024 Option Year 3: 01 January 2025 through 31 December 2025 Option Year 4: 01 January 2026 through 31 December 2026

One award will be made from this Request for Quote (RFQ). The contract type is a Firm Fixed Price Purchase Order.

This procurement is 100% set-aside for Small Business, NAICS 561730, Size Standard $8M.

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

The contract award will be based on Lowest Total Price (sum of all line items) to the Government. Award will be made to a responsible contractor. 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.

A site visit prior to submitting a bid is strongly encouraged. Prospective Offerors may set up a site visit by contacting Patrick Casto at Patrick.M.Casto@usace.army.mil.

Submit Quotes to Kari A. Rogers. Quotes are due on 21 June 2022 at 10:00 AM Eastern Time. Fax submittals will not be accepted. Electronic submittals will be accepted and may be emailed to kari.a.rogers@usace.army.mil.

For contractual/technical questions, please contact Kari Rogers by e-mail at kari.a.rogers@usace.army.mil.

Technical Points of Contact shall not be contacted prior to award.

All contractors must be registered in the System for Award Management (www.SAM.gov) prior to quote submittal.

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 (previously DUNS number) for processing their registration. If you do not already have a Unique Entity Identifier, one can be obtained from DUN and Bradstreet by calling 1-800-333-0505. Refer to www.SAM.gov for information formerly found in CCR, EPLS, ORCA and FedReg.

Training tools are available on the SAM website to help you get familiar with SAM. Start by going to www.sam.gov, and then click on the SAM HELP tab. Under User Help you will find the full User Guide as well as Quick Start Guides and Helpful Hints that will help you create an account, migrate your roles, perform updates , and search for the information you need. These guides can also be viewed at http://www.acquisition.gov.

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

H2EDMKAS

Highlight

PERFORMANCE WORK STATEMENT

MARKLAND L&D MOWING AND MAINTENANCE SERVICES CONTRACT

TABLE OF CONTENTS

SECTION C-1

GENERAL

GENERAL

PAGE

C-1.1 PROJECT INFORMATION 5

C-1.2 PERFORMANCE WORK STATEMENT 5

C-1.3 TASK ORDERS 5

C-1.4 NEGOTIATION 5

C-1.5 WORKING HOURS 5

C-1.6 CONTRACTOR SUBMITTALS 6

C-1.7 PERMITS AND LICENSES 6

C-1.8 IDENTIFICATION OF CONTRACTOR EMPLOYEES AND VEHICLES 6

C-1.9 SAFETY AND SECURITY REQUIREMENTS 7

C-1.10 ACCIDENT REPORTING 9

C-1.11 DAMAGE REPORTS 10

C-1.12 CONTRACTOR EMPLOYEES’ CONDUCT AND COMPETENTCY 10

C-1.13 DAMAGE OR LOSS OF CONTRACTORS SUPPLIES AND PROPERTY 10

C-1.14 SUPERVISION 10

C-1.15 ENVIRONMENTAL PROGRAM 11

C-1.16 CONTRACTOR DISCREPANCY REPORT (CDR) 11

C-1.17 MEETINGS 11

C-1.18 QUALITY CONTROL 12

C-1.19 QUALITY ASSURANCE 12

C-1.20 DEFICIENCIES 12

C-1.21 INTERRUPTIONS TO SYSTEMS 12

C-1.22 GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT 13

C-1.23 CONTRACTOR FURNISHED ITEMS 13

C-1.24 SAFEGUARDING GOVERNMENT PROPERTY 14

C-1.25 NOTIFICATION OF WORK TO BE DONE 14

C-1.26 MINIMUM MANPOWER REQUIREMENTS 14

C-1.27 MINIMUM PERSONNEL QUALIFICATIONS 14

C-1.28

C-1.29

COOPERATION WITH OTHER CONTRACTORS, LESSEES, AND

VOLUNTEERS

REPORTS

C-1.30 APPLICABLE PUBLICATIONS 15

C-1.31 DEFINITIONS 15

SECTION C-2 GRASS

MOWING

SECTION C-2

MOWING SVCS

C-2.1

PERFORMANCE WORK STATEMENT

PAGE

C-2.2 GENERAL 18

C-2.3 WORK TO BE PERFORMED 18

C-2.4 MOWING CYCLE 18

C-2.5 ITEMS TO BE FURNISHED BY THE GOVERNMENT 19

C-2.6 SUPPLIES TO BE FURNISHED BY THE CONTRACTOR 20

C-2.7 SERVICE EQUIPMENT 20

C-2.8 SPECIAL PROVISIONS 20

DESCRIPTION/SPECIFICATIONS

General

C-1.1 PROJECT INFORMATION. Mowing and Maintenance for Markland Locks and Dam (L&D), Kentucky.

C-1.2 PERFORMANCE WORK STATEMENT. The Contractor shall furnish all necessary management, personnel, materials, supplies, tools, equipment, fuel, and vehicles, except as otherwise provided herein, required to perform mowing services at the Markland L&D project recreation and 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’s work and responsibility shall include all planning, programming, administration, management, supervision, communications and inspection necessary to assure that all services are conducted in accordance with the contract requirements and all applicable Federal, State and local laws and regulations. The Contractor is required to attend a pre-work meeting to be scheduled by the Technical Point of Contact (TPOC).

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 3:30 p.m. Eastern Time. 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 eleven 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 D.

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 E.

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. Security Requirements – See Section C-1.9

h. Certification for Rollover Protective Structures (ROPS) – See Section C-1.9

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. All Contractor employees shall be in good appearance while performing services. Employees must wear long pants, shirt with no vulgar or obscene graphics with at least sleeves equivalent of a t-shirt, and durable work type shoes. Vehicles and any motorized equipment utilized for transportation shall be in good operating condition with no display of obscene or vulgar material such as stickers, flags, or etc. Vehicles shall be maintained in accordance with federal, state, and local laws.

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 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/her 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 the 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 provide Material Safety Data Sheets (MSDS) and/or Safety Data Sheets (SDS) for review by the TPOC prior to use of any hazardous substance on the project and provide a plan for the proper handling, transportation, storage and usage of hazardous substances on the project.

Required Security Training and Planning General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (TPOC). Contract personnel are critical to the overall security and safety of US Army Corps of engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (HPCOM) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures – this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

Antiterrorism (AT) Level I Training: All contract personnel requiring routine access to Army installations, facilities, and controlled access areas, or requiring network access shall complete initial and annual refresher AT Level I awareness training. Online AT Level I awareness training is available at https://jko.jten,mil/ (website subject to change).

Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the Requiring Activity (RA).

Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch or See Something, Say Something): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

Pre-screen candidates using e-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.everify.gov/) (website subject to change) to meet the contract employment eligibility requirements.

Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under Untied States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates must be provided to the TPOC no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form 1-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

Rollover Protective Structures (ROPS).The Contractor shall provide certification from a Registered Professional Engineer, or from the manufacturer of the tractor or riding mower, to demonstrate that rollover protective structures (ROPS) comply with applicable SAE recommended practices or an approved OSHA program, as required by the Safety Manual. In lieu of the certification, the Contractor may provide a written statement that contains the following information that is permanently affixed to the ROPS:

Manufacturer’s or fabricator's name and address;

ROPS model number, if any;

Machine make, model or series number that the structure is designed to fit.

A summary of ROPS requirements are as follows, however, EM 385-1-1 governs requirements:

1. Rollover protective structures shall be installed on all riding lawn mowers and tractors, regardless of size, which are to be operated on 5-horizontal to 1-vertical, or steeper, slopes. There are mowing areas within this contract that will require the use of ROPS, if mowed with riding equipment. The Contractor shall determine that riding mowers and tractors, intended for operation on slopes, have sufficient wheelbase and weight to resist overturning because of the ROPS.

2. Rollover protective structures shall also be installed on all riding mowers and tractors that are rated at 20 drawbar horsepower, or greater. ROPS are required for such equipment, regardless of the terrain upon which it will be operated.

3. Seat Belts. Seat belts are required on all riding lawn mowers and tractors on which ROPS are installed.

4. Protective Devices. Mowers shall be equipped with suitable protective devices to prevent flying objects from injuring people or damaging property.

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 TPOCs will be Project Manager/Lockmaster Patrick Casto at Patrick.M.Casto@usace.army.mil. 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 employees 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 principal 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 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. When the defect in services cannot be corrected by re-performance, or cannot be corrected in the specified time frame, the Contractor is required to respond to a CDR (See Section C- 1.16), and deductions will be determined in accordance with Contract Clause 52.212-4(a) located in the Clauses Section and in accordance with the Government's Quality Assurance Surveillance Plan.

a. Corrections of mowing and trimming deficiencies will be permitted if completed within one working day of the original completion time limit.

b. Corrections of maintenance and cleaning services deficiencies will be permitted if completed on the day the services were scheduled. Corrections of herbicide spraying deficiencies will be permitted if completed within five (5) working days of the Contractor being notified of the deficiencies.

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

C-1.22 GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT.

Government Furnished Facilities. 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.

Utilities. The Government will furnish available utilities to perform the specified work. At remote locations the Contractor shall supply his own utilities such as water. The Contractor shall make a dedicated effort to conserve utilities and shall comply with all Government regulations regarding energy conservation.

Government furnished utilities shall be used only in the performance of work specified in this contract.

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.

Control. The Contractor shall provide control to ensure Government furnished equipment, property, or items are utilized only for contract purposes. The Contractor will be provided keys to allow access to certain secure areas and will be held responsible for losses due to his/her negligence and for the replacement of compromised locks (which can occur due to loss or duplication of keys). Upon completion (including any extensions of contract term) or termination of the contract for any reason, and except for fair wear and tear, the Contractor shall return all Government furnished equipment, keys and any unused material or supplies in the same condition as received. Any discrepancies, damages or deficiencies in the inventory will be chargeable against the Contractor. The Contractor will not be provided with keys to the Project Office, storage buildings or storage compounds. Any work to be performed within these facilities must be performed during regular working hours when Government employees are available to unlock these facilities for the Contractor.

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 can find a copy of Safety Manual EM 385-1-1 online at:

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

C-1.23 CONTRACTOR FURNISHED ITEMS.

General. Except as described elsewhere in this contract, the Contractor shall furnish all personnel, facilities, vehicles, small tools, equipment and operators, supplies, or materials necessary to accomplish all required services. All Contractor furnished tools, equipment, supplies, materials, or vehicles shall meet all applicable Federal, Department of Defense, Department of the Army, State and local laws or regulations. A partial list of equipment which shall be needed by the Contractor is included in each section.

Equipment. The Government requires that the Contractor provide adequate equipment to perform the work required within the specified time period for each job. All equipment used by the Contractor must meet safety requirements outlined in EM 385-1-1.

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 that could reasonably be transported in a standard size 1/2 ton truck with a 4' x 8' bed to and from job sites on the project. 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.

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

C-1.24 SAFEGUARDING GOVERNMENT PROPERTY. The Contractor shall cooperate with Government personnel in safeguarding Government property. The Contractor shall be responsible for promptly reporting all acts of vandalism, larceny, or pilferage to Government property, and malfunctioning Government equipment to the TPOC. The Contractor shall establish security procedures and safeguards that are compatible with the Government's existing procedures, to protect all equipment, materials, supplies, tools, and other resources. The Contractor shall cooperate with, and provide any assistance necessary to, the Government during any audits, usage checks of expendable property, and inventories of nonexpendable property under control of the Contractor. Any item of value found on the work sites shall be placed into the custody of the TPOC for return to the owner if ownership can be established. The Contractor shall inform the TPOC of any information he or his employees receive about lost and/or found articles from the public.

C-1.25 NOT APPLICABLE.

C-1.26 MINIMUM MANPOWER REQUIREMENTS. The Contractor shall provide an adequate number of fully qualified personnel to perform the work specified herein. Personnel required to handle emergency situations shall be available on call, 24 hours per day, 7 days per week. At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the primary contractor.

C-1.27 MINIMUM PERSONNEL QUALIFICATIONS.

a. General. Employees, technical personnel, and consultants shall have the education, experience, or knowledge, as evidenced by license, certificate, or diploma, etc., to provide a comprehensive understanding of the systems and components to be serviced, operated, and maintained under this contract.

A commercial driver’s license (CDL) will be required to operate certain large trucks, to pull trailers and operate other vehicles as required by the Commercial Vehicle Safety Act of 1986.