W912QR23Q0049.pdf

SEE ADDENDUM

(No Collect Calls)

W912QR23Q0049 21-Apr-2023

b. TELEPHONE NUMBER

502.315.7494

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 05 May 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912QR9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ADYSON MEDLEY

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U. S. ARMY ENGINEER DISTRICT, LOUISVILLE

600 DR. MARTIN LUTHER KING, JR. PLACE

ROOM 821

LOUISVILLE KY 40202-2239

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 502.315.7494 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$9,500,00.00

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF65

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912QR23Q0049

Section SF 1449 - CONTINUATION SHEET

SPECIAL INSTRUCTIONS

This Request for Quote (RFQ) is for the contractor to provide all personnel, materials, supplies, parts, tools, equipment, vehicles, transportation, communication, management, supervision, and quality control required to perform the specified Herbicide and Broadleaf applications at Clarence J Brown Dam & Reservoir. The specified services shall be performed in strict accordance with these specifications and exhibits, and all other terms, conditions, clauses, and provisions contained herein or incorporated by reference. This includes all mandatory provisions of the Federal Acquisition Regulation (FAR), whether referenced or not, current at time of award in accordance with the attached Scope of Work (SOW).

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

Option Year 1: 01 January 2024 through 31 December 2024 Option Year 2: 01 January 2025 through 31 December 2025

One award will be made from this RFQ. The contract type is a Firm Fixed Price, Indefinite Delivery Indefinite Quantity (IDIQ). The minimum guarantee for the Base Year is $8,500.00 in services. There is no guaranteed minimum for the option periods, if exercised.

This procurement is 100% set-aside for Small Business, NAICS 561730 ($9.5M)

Location:

United States Corps of Engineers CJ Brown Dam and Reservoir 2630 Croft Rd.

Springfield, OH 45503

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

One award will be made from this Solicitation.

Note: The contract award will be based on Lowest Price to the Government.

Quotes are due on 05 May 2023 at 10:00 AM Eastern Time.

Electronic submittals will be accepted. You may submit your quote to adyson.medley@usace.army.mil. Fax submittals will not be accepted.

For contractual questions, please contact Adyson Medley at (502) 315-6211 or by e-mail at adyson.medley@usace.army.mil.

**ALERT: All contractors must be registered in the System for Award Management (www.SAM.gov) prior to contractors submission. 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. Effective June 29, 2018 vendors creating or updating their registration can have their registration activated prior to the approval of the required notarized letter. However, the signed copy of the notarized letter must be sent to the GSA Federal Service Desk (FSD) within 30 days of activation or the vendor risks no longer being active in SAM. Vendors can check whether an account is active by performing a query by their CAGE or Unique Entity Identifier (known as DUNS).

The new registration process may now take several weeks, so vendors are highly encouraged to begin registering as soon as possible to avoid any possible delays in future contract awards. Remember, there is no cost to use SAM. To find out additional information about the changes of the SAM registration process, contractors should visit the Frequently Asked Questions (FAQ) link located at the top of the SAM homepage (www.sam.gov).

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

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

PRICE BREAKOUT SCHEDULE

Line Items 0001 thru 0003 are prices for the base year - “Date of Award” thru 31 December 2023.

ITEM

No.

Work Item Description Est. Qty. U/I Unit Price Amount

0001 FRM Herbicide Application 1 JB 0002 FRM Broadleaf Application 1 JB 0003 REC Herbicide Application 1 JB

Total for Calendar Year 2023 (Base Year)

Line Items 0004 thru 0005 are prices for Option Year 1 – 01 January 2024 thru 31 December 2024.

Work Item Description Est. Qty. U/I Unit Price Amount

0004 FRM Herbicide Application 1 JB 0005 REC Herbicide Application 1 JB

Total for Calendar Year 2024 (Option Year 1)

Line Item 0006 thru 0008 are prices for Option Year 2 – 01 January 2025 thru 31 December 2025.

Work Item Description Est. Qty. U/I Unit Price Amount

0006 FRM Herbicide Application 1 JB 0007 FRM Broadleaf Application 1 JB 0008 REC Herbicide Application 1 JB

Total for Calendar Year 2025 (Option Year 2)

Total for Line Item 0001 thru 0008 Base Year + 2 Option Years – “Date of Award” thru 31 December 2025.

Amount TOTAL FOR ALL OPTIONS (2024 and 2025)

GRAND TOATL FOR BASE YEAR + TWO OPTION YEARS

(2023, 2024, and 2025)

REPS & CERTS

COMPANY NAME AND ADDRESS: _________________________________________

PHONE NUMBER: _________________________________________

EMAIL ADDRESS: _________________________________________

BUSINESS SIZE (select one or more as applicable):

Large Business ____ Small Business ____ HUBZone ____ 8(a) ____ Women-Owned Small Business ____ Economically Disadvantaged Women-Owned Small Business ____ Service-Disabled Veteran-Owned ____

CURRENTLY REGISTERED WITH SYSTEM FOR AWARD MANAGEMENT (SAM): YES ____ NO ____

(Note: See FAR 52.204-7)

TAX IDENTIFICATION NUMBER (TIN): ____________

UNIQUE ENTITY IDENTIFIER: ____________

(Note: See FAR 52.204-7. The Unique Entity Identifier is a 12 character alphanumeric code.)

CAGE CODE: ________

(Note: See FAR 52.204-7)

SCOPE OF WORK

SPECIFICATIONS/DESCRIPTION

1. Project Information:

C.J. Brown Dam and Reservoir is a flood control located in Springfield, OH, Clark County.

2. Scope of Work:

The Contractor shall provide all personnel, materials, supplies, parts, tools, equipment, vehicles, transportation, communication, management, supervision, and quality control required to perform the specified Herbicide and Broadleaf applications at Clarence J Brown Dam & Reservoir. The specified services shall be performed in strict accordance with these specifications and exhibits, and all other terms, conditions, clauses, and provisions contained herein or incorporated by reference. This includes all mandatory provisions of the Federal Acquisition Regulation (FAR), whether referenced or not, current at time of award. The purchase order term shall be from 01 Jan 2023 or from the date of award (if later) through 31 Dec 2024, unless terminated earlier for cause or extended by the Government for up to two (2) additional one-year option periods.

2.1. Application Plan: The contractor shall submit an electronic copy of an application plan. This plan shall outline as a minimum the types of herbicides, target pests, areas to be treated, application rates, hyperlinks to MSDS's and labels for each chemical to be used, scanned copies of applicator licenses, and a spill and contamination action plan. Additionally, the contractor shall certify in writing that all employees engaged in handling, mixing and spraying herbicides have read the MSDS's and that personal protective equipment as specified by the MSDS's will be provided to and worn by these persons. Further, one hard copy of the approved plan shall be provided that will include a signed statement by the contractor that this plan complies with all state, local and federal regulations. This plan shall be submitted for review and approval within 10 business days prior to the desired start of work. The Government reserves the right to deny use of any herbicide when a safer herbicide is available. Government acceptance of this plan in no way relieves the contractor of any liability for compliance with all Federal, State, and/or local regulations, should there be omissions/errors within said plan.

2.2. Herbicide Selection Procedure: The contractor is responsible for proposing the specific herbicides to be used to accomplish the vegetation control goals at each location and will request prior approval from the TPOC for use of these herbicides in accordance with the application plan. These herbicides will be categorized by the Environmental Protection Agency (EPA) as “general use”, and will be appropriately labeled for specific application (i.e. aquatic label for use directly over water, ditch bank application, etc.).

Herbicides used where spray mist could contact the water must be registered for aquatic use. No restricted use herbicides are allowed. No herbicides can be used on Corps of Engineers property without prior approval from the TPOC. In addition, all carriers, colorants, and adjuvant must be non-toxic and registered for appropriate applications. To further increase rain-fastness and enhance performance, a surfactant shall be added per label instructions to all herbicide mixtures, with the exception of Round-up Pro.

2.3. Alternative Herbicides: At any time during the contract period, the contractor may submit a written request to apply alternative herbicides to those submitted in the initial quote. The Contracting Officer must receive submission of such a request a minimum of 15 business days in advance of the desired application date. This submission shall be electronic and shall include but not limited to, hyperlinks to an EPA product label, manufacturer’s catalog sheet or specification data sheet and material safety data sheet (MSDS), area to be treated, target pest, and reason for the choice must be submitted with the request. The request will be reviewed considering, as a minimum, relative effectiveness compared to the currently specified herbicide, toxicity and costs.

Total Eradication at the Sites Indicated: Furnish all equipment, materials, including herbicides, and labor necessary for the ground application of herbicide between 15 April and 15 June according to attached specifications (treatment No. 1), the dates may be adjusted by the TPOC due to weather conditions, or to insure leaf out of target plants. Examples of products to be used may include Sahara, Rodeo, Accord or equivalents such as Endurance or Pendelum, and applied in accordance with the label for total eradication.

(for example: one possible equivalent is the following per acre mix - Rodeo at 1.5 gallons, Arsenal at 40 ounces, Escort at 1 ounce, Diuron 4L at 3 gallons, and surfactant at 2 quarts (except for the location on the Harsha Saddle Dam) in spray or backpack sprayer application on weeds, brush, and woody growth in rip rap and other areas as specified. The contractor will incorporate a colorant as approved by the Park Manager as a temporary colorant that will leave a clear indication of treated areas. All colorant treated herbicide solution will be applied in a uniform and accurate manner according to the manufacturers’ label and State license guidelines for the application site, it is anticipated that most sites will require an aquatic or ditch bank label.

Aquatic labeled herbicides such as Rodeo will be used for on all post emergent vegetation in all areas within 40 linear feet of open water or abutments. On Dams, Dikes, and other areas where treatment includes areas more than 40 linear feet away from water products such as Rodeo and Sahara will be used, and in areas within 40 feet of the water only Rodeo will be applied. The dates for Rodeo treatment may be adjusted by the TPOC separately to insure leaf out of target plants.

Products such as Sahara will be applied in treated areas to completely cover the ground per the application rate specified by the label. Products such as Rodeo will be applied in the treated areas on a spot treatment basis to all post emergent vegetation. The objective is treatment or prevention of all vegetation in the target areas.

2.4. Broadleaf Control at the Sites Indicated: Furnish all equipment, broadleaf control herbicide between 25 June and 31 July. The dates may be adjusted by the TPOC due to weather conditions, mowing schedules, or to insure the leaf out of target plants. Application dates may vary at each lake to coincide with the mowing schedule. Examples of products to be used will include Escort EPA Registration #352-439 @ .05 gal/acre or Millennium Ultra @ .25 gal/acre or as label instructions or equivalent labels, in spray of backpack sprayer application on broadleaf growth in mow zones and other areas as specified. This service shall be performed in the Base Year and Option Year 2 only.

2.5 Personnel performing herbicide application services shall be certified as an applicator in accordance with Ohio State Law and the Ohio Department of Agriculture. The required categories of certification are as follows:

ODA Core Pesticide Applicator License plus category #5 Industrial Vegetation and category #6c Ornamental Weed.

3. Task Orders:

All performance under this contract will be ordered by issuance of individual Task Orders (DD Form 1155). No performance hall be performed under this contract before an individual Task Order has been issued by the Contracting Officer (KO). Only the KO, by issuance of a modification, may make any change to a Task Order. The Task Order will list those items from the price breakout schedule that are to be performed.

4. Technical Point of Contact (TPOC):

Operations Manager Russell Curtis U.S. Army Corps of Engineers Clarence J Brown Dam and Reservoir 2630 Croft Road Springfield, OH 45503 937-325-2411

5. Pre-Work Conference:

The contractor will be required to attend a pre-work conference prior to beginning work during which the contractor’s plan of work, safety procedures, start date and other items in this contract will be discussed.

6. Working Hours:

Normal working hours, except as otherwise specified herein, will be Monday through Friday, 7:00 a.m. to 3:30 p.m.

Eastern Time. Work that interferes with other ongoing functions at the project will be scheduled around normal working hours, as specified by the Project Manager.

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) Juneteenth (June 19th) 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 will be scheduled around the above listed Federal holidays except as specified herein or as approved by the TPOC.

Inclement Weather Work. The Contractor will maintain the schedule of services regardless of inclement weather.

Exceptions may be approved by the TPOC when severe conditions make it impractical to perform the work.

7. Contract Start and Completion Dates.

Work under this contract will begin within 10 calendar days of Notice to Proceed (NTP) and complete within 90 calendar days after receiving the NTP.

8. Contractor Submittals:

Unless otherwise specified, the Contractor will 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.

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.

See Section 15.3 and Exhibit C for APP Requirements.

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

Contractor Representatives) to call in case of emergencies.

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

g. Certificate of Insurance.

h. Performance Bond (where applicable).

i. Security Requirements – See Section 16.

9. Notification of Work to be Done:

The Contractor will be notified of work to be performed by issuance of Task Orders. Under normal conditions, Task Orders will be issued that require response within 24 hours after receipt. If the 24 hours falls on a weekend or

Federal Holiday, the response shall be given by noon the following business day. All Task Orders must be completed by the Delivery Date shown in block 10 on the Task Order Form.

10. Veterans Employment Emphasis for U.S. Army Corps of Engineers:

CONTRACTS. In addition to complying with the requirements outlined in FAR Part 22.13, FAR Clause 52.222- 35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S.

veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

Guide to Hiring Veterans:

https://obamawhitehouse.archives.gov/sites/default/files/docs/white_house_business_council_- _guide_to_hiring_veterans_0.pdf

U.S. Department of Labor Veterans employment:

www.vets.gov/

Federal veteran employment information:

www.fedshirevets.gov/index.aspx

Veterans’ Employment and Training Service (VETS):

http://www.dol.gov/vets/

Veterans Opportunity to Work (VOW) Program:

http://benefits.va.gov/vow/

U.S. Army Warrior Transition Command Employment Index: https://wct.army.mil/modules/employers/index.html

Hiring Our Heroes initiative:

www.uschamberfoundation.org/hiring-our-heroes

11. Permits and Licenses:

The Contractor will obtain, at own expense, any required licenses, permits or certifications necessary to perform the specified services. Required licenses, permits and certifications will 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 will 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 will provide an adequate number of fully trained and qualified personnel to perform the work specified herein. Contractor personnel will be properly trained to perform their assigned work in a safe and effective manner. Training will 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 will be used in the performance of services specified herein. The Contractor will 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 will 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.

12. Identification of Contract Employees and Vehicles:

All Contractor employees will 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 will be in good operating condition with no display of obscene or vulgar material such as stickers, flags, or etc. Vehicles will be maintained in accordance with federal, state, and local laws.

13. Property Damage:

The contractor shall use reasonable care to avoid damaging existing buildings, equipment, facilities, and structures during the performance of the specified work. If the Contractor, Contractor employees, or persons acting on behalf of the Contractor fail to use reasonable care and Government property is damaged, the contractor shall repair or replace the damaged property at no expense to the Government. Property damage caused by the Contractor or persons/employees acting on behalf of the Contractor shall be reported to the Contracting Specialist and the park manager on the day of occurrence or on the first working day following the occurrence.

14. Insurance:

The contractor shall, at their own expense, provide to the park manager and maintain during the entire performance of this contract the following: Insurance Type – General Liability (Bodily Injury and Property Damage Combined) Minimum Amounts of Liability $1,000,000. Each Occurrence $1,000,000 Aggregate. The contractor is required to provide a Certificate of Insurance to the park manager at the time of the pre-work conference.

15. Safety Requirements:

15.1. General. Performance of all services will assure complete safety to public visitors, Contractor employees, and all other persons in the area. The Contractor will 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 will 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 will 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.

15.2. The Contractor will 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 will be given to the requirements for safety meetings.

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

15.3. Accident Prevention Plan (APP). The Contractor will 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 will 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.

15.4. Activity Hazard Analysis (AHA). The Contractor will 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 will review, at a “Tool Box” safety meeting, the approved AHA’s with those employees who will 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 will 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 will be used by the Contractor as a guide for the preparation of required AHA's. A copy of the approved AHA’s will be available at all times to workers at each associated job site and a copy will be provided to the Government.

A copy of an approved AHA is required for each Task Order issued by the Government. A copy of the approved AHA’s shall be always available to workers at each associated service site and a copy shall be provided to the Government.

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

15.6. Personal Protective Apparel and Equipment. Protective apparel and equipment, as identified in the AHA, will be provided to eliminate or minimize hazards to personnel. As a minimum, each employee will 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 will be worn by employees when required by safety manual. Fire extinguisher(s) and first aid kit(s) meeting the Safety Manual standards will also be provided and easily accessible to all employees.

15.7. Contractor Employees Certified in First Aid & CPR. The Contractor will 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 will be provided in accordance with regulations. Two people per crew will be trained in First Aid and CPR. Individuals working alone will be trained in First Aid.

15.8. Hazard Communication Program. The Contractor will be responsible for implementing a hazard communication program for Contractor employees, as required by the Safety Manual. The Contractor will 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.

16. Required Security Training and Planning:

16.1. 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 (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)).

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 (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) 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.

16.2. 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

RA.

16.4. 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.

16.5. 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.e-verify.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 United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR 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 I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

16.6 SUPPLEMENTAL SECURITY REQUIREMENTS

All Contractors and subcontractor employee(s) working on this contract who require access to any Louisville District Lake Projects and Lock and Dam Projects shall receive authorization to be on site at these facilities based upon a favorable background investigation in accordance with “Homeland Security Presidential Directive 12: Policy for a Common Identification Standard for Federal Employees and

Contractors” (HSPD 12). The Louisville District Security Management Office shall submit contractor(s) personal information to complete the basic background investigation in order to make a recommendation to the Contracting Office of an employee’s suitability for work on Government property. The Procuring Contracting Officer (PCO) has the right to deny any contractor or subcontractor employee from working on the contract based upon the results of the background investigation provided by the Louisville District Security Office. The Government, Contractor, and subcontractors shall not permit any employee(s) access to drawings, blueprints, records, photos, sites, or projects until the Louisville District Security Management Office has completed an Operations Security (OPSEC) review of such items and determined they can be released.

FOR ALL LOUISVILLE DISTRICT CONTRACTS:

Contractors shall submit a complete investigation packet for each contractor and subcontractor employee to the Louisville District Security Management office within 10 working days after award of any contract, or prior to the individual being permitted access to Louisville District facilities.

The Contractor must also provide the following: (1) Name of the Contract Specialist with whom he/she is working, (2) Project Name, (3) Contract Number (4) Task Order Number when applicable, and (5) US Citizens Security Access Form or Pre-Bid/Site Visit Form; each employee working on site must have a background investigation form submitted directly to the Louisville District Security Office.

The Contractor must provide a full legal name, complete SSN#, Date of Birth, Place of Birth (City and State) and Driver’s license number if available. It is the Contractor’s responsibility to ensure the above information is accurate and legible, otherwise delays may occur.

Contractors shall have background checks completed for their employees annually in the case of Contracts with an initial period of performance (POP) greater than 1 year and those Contracts with Options or Modifications Which Extend the POP beyond 1 year. For instance, if the employee was cleared in May of 2022, they shall be cleared again in May of 2023. It is the Contractor’s responsibility to ensure that each employee’s security is up to date. Failure to comply may lead to possible removal from the project/jobsite.

The Contractor must ensure if new employees are brought in to work on an existing Contract with the U.S. Army Corps of Engineers (USACE), they must process the employee through the Louisville District USACE Security Office for background purposes.

FOR CONTRACTORS REQUIRING DOD COMMON ACCESS CARDS (CAC)

The documents listed below are required:

SF 85, Questionnaire for Non-Sensitive Positions (see http://www.opm.gov/forms/ to print form).

Fingerprints are captured electronically at the closest Army Recruiting Station to the contractor’s home of record or at the USACE, Louisville District Security Office.

Contractor shall report any changes in personnel, or at any time conditions change at least 5 working days prior to individual(s) need to have access to the site. The Contractor shall provide the same information as listed above for all new employees.

Following submission of paperwork, the Louisville District Security Office will conduct an initial criminal check based upon the information provided. If there are no issues, the Louisville District Security Office will make recommendations to the PCO or their Designated Representative. The Louisville District Security Office cannot give approval due to unfavorable report(s). The Louisville District Security Office shall coordinate with Office of Counsel and will jointly make recommendations to the PCO and/or the Designated Representative should a background investigation come back with derogatory information. The PCO will make the determination whether to allow the Contractor personnel to work on the site based on Security and Office of Counsel recommendations, and the PCO will advise the Contractor of the decision.

FOREIGN NATIONALS

The Contractor shall provide the package listed above, as well as additional materials noted below for all Foreign Nationals. The Contractor is to expect additional time in the approval process for all Foreign Nationals due to the level of review and elevation of the review to Headquarters staff to complete. All

Foreign Nationals must comply with the following paragraph:

In accordance with Engineering Regulation 380-1-18, “Technology Transfer, Disclosure of Information and Contacts with Foreign Representatives” dated 1 August 1996, Section 4, all foreign nationals who work on Corps of Engineers’ contracts shall be approved by the Headquarters US Army Corps of Engineers (HQ USACE) Foreign Disclosure Officer before beginning work on this contract; this regulation includes subcontractor employees. The Contractor shall submit to the Security Management Office, the names of all foreign nationals proposed for performance under this contract, along with documentation to verify legal admittance into the United States. Such documentation shall include at least one of the following: a U.S. passport, Certificate of U.S. Citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), Alien Registration Card with photograph (INS Form I-151 or I-551), Employment Authorization Card (INS Form I-688A), etc.

In order to assure forms are properly completed, and to minimize time delays, the Contractor is encouraged to work closely with the Louisville District Security Office. The Government will return for correction incomplete forms, illegible forms, etc. which will delay the contractor / subcontractor from beginning work.

Security requirements are subject to change in accordance with HSPD-12, Office of Personnel Management, regulation or policy changes, etc. The Government shall add any changes to security requirements by modification to the contract.

The Contractor shall contact the Louisville District Security Office by phone, letter, or email at the following numbers/addresses:

CELRL-SC

600 Martin Luther King Jr. Pl Louisville, KY 40202

Charles R. Tanner, phone (502) 315-6929; email Charles.R.Tanner@usace.army.mil James R. Milner, phone (502) 315-6916; email James.R.Milner@usace.army.mil Jason Almodovar, phone (502) 315-6754; email Jason.Almodovar@usace.army.mil

*When contracts are with individuals, the individuals will be required to complete a Form I- 9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and will become part of the official contract file. Emergency Contacts. A prioritized list, including phone numbers, of those persons (normally Contractor Representatives) to call in case of emergencies.

The contractor will supply the Technical Point of Contact (TPOC) with an Accident Prevention Plan (APP), Scaffolding Plan, Control of Hazardous Energy Plan (LO/TO), and an Activity Hazard Analysis (AHA) prior to site work in accordance with EM 385-1-1.

17. Accident Reporting:

The Contractor is responsible for reporting all accidents to the Project Manager immediately. Prompt action will be taken to ensure immediate and appropriate medical treatment. The Contractor will maintain an accurate record of any accidents in the manner and on the forms prescribed by the Project Manager. For property damage accidents of $2,000 or more, the Contractor will complete and submit to the Project Manager a copy of ENG Form 3394. The Contractor will maintain an OSHA 300 Log of On – The – Job injuries and first aid treatments. The Contractor will 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. The Monthly Record of Work-Related Injuries/Illnesses & Exposure report will be provided to the Project Manager by the 5th working day of the month for the previous month.

18. Damage Reports:

All instances where Government materials, supplies, property, and/or equipment are damaged will be reported immediately to the Project Manager. When the damage was caused by contract employees, a written report of the incident and extent of such damage will be submitted to the Project Manager, 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 Project Manager a copy of ENG 3394.

19. Contractor Employees’ Conduct and Competency:

All contract employees will 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 will 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.

19.1. Employee Dismissal. The Contractor expressly agrees to dismiss any employee or subcontractor employee whose continued employment is deemed by the Project Manager to be inconsistent with the best interests of the public or the U.S. Army Corps of Engineers. The KO or the Project Manager 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 will 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 will be made.

20. 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 Project Manager may provide a location for the temporary storage of large 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.

21. 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 will 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 will 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) will conduct overall management coordination and be the central point of contact with the Government for performance of all work under the contract.

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

The names and telephone numbers of all individuals authorized to act on behalf of the Contractor as Contractor Representatives will be submitted in writing to the TPOC before work is performed. The Contractor will maintain copies of contract work requirements, specifications, Activity Hazard Analysis, etc., at each work site which relate to each person's work responsibilities, and will review them to insure employees comprehension of a job prior to initiating work.

22. Environmental Program:

The Contractor will comply with Federal, State, and local laws, regulations and standards regarding environmental protection. All environmental protection matters will 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 will 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 will conduct all operations and maintenance activities in a manner to prevent contamination of Government land and property. The Contractor will ensure all lubricants, petroleum products, paints, cleaning materials, or any other hazardous substances are not spilled, leaked or disposed of on Government…