W912QR23Q0059.pdf

SEE ADDENDUM

(No Collect Calls)

W912QR23Q0059

b. TELEPHONE NUMBER

502.315.7494

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 25 May 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

02-May-2023

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

MATTHEW P JUDD

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

W22W9K21820731-0001

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 H270A00 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

LOGISTICS MANAGEMENT

600 DR. MLKJ PLACE P.O. BOX 59 ROOM 172D

LOUISVILLE KY 40201-0059

TEL: FAX:

FAX:

TEL: 502.315.7494 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$9,500,000

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF52

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.

W912QR23Q0059

SPECIAL INSTRUCTIONS

The Contractor shall furnish all necessary management, personnel, materials, supplies, tools, equipment, fuel, and vehicles, except as otherwise provided herein, required to perform herbicide application services at the Olmsted Locks & Dam Project, 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, communication 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-performance meeting to be scheduled by the Technical Point of Contact (TPOC).

This solicitation contains option clauses to extend the awarded contract for up to four (4) additional one-year periods. The one-year option periods are as follows:

Base Year: Date of Award through 31 December 2023 Option Year 1: 01 January 2024 through 31 December 2024 Option Year 2: 01 January 2025 through 31 December 2025 Option Year 3: 01 January 2026 through 31 December 2026 Option Year 4: 01 January 2027 through 31 December 2027

One award will be made from this RFQ. The contract type will be Firm Fixed Price.

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

Location:

Olmsted Locks & Dam Project Office:

634 New Dam Road Olmsted, IL 62970 618-748-6423

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

Quotes will not be accepted for quantities less than the quantities specified in the price breakout schedule. Failure to submit a unit price for all items listed (base year and option years) will be considered as a material deviation from the requirements of the RFQ and the quote will be rejected. Offerors should complete the price breakout schedule within this solicitation.

The solicitation will be available on the web only. Telephone and FAX requests for this solicitation will not be honored. Project files are Portable Document Format (PDF) files and can be viewed, navigated, or printed using Adobe Acrobat Reader. To download the solicitation for this project, contractors are required to register at www.SAM.gov. Amendments will be available from the SAM website by download only. Downloads are available only through the www.SAM.gov website.

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

The Corps of Engineers reserves the right to cancel all, or part of the work described in this Request for Quote if costs exceed anticipated funding.

Offerors shall submit any questions regarding this solicitation in writing to matthew.p.judd@usace.army.mil no later than 11:00 AM Eastern Time (ET) on 19 May 2023, in order to allow a written response prior to the quote due date. No remarks or written responses to questions by government personnel will change the terms or conditions of this RFQ. The RFQ will only be changed by a formal written amendment.

Offerors are encouraged to present their best prices in their initial quote submission. Quotes shall be submitted prior to the closing date and time identified on SF 1449 block eight (8), to the Contract Specialist via email at matthew.p.judd@usace.army.mil. Offeror’s quote shall remain valid for a period of 60 days after the closing date and time identified on SF 1449 block eight (8). Electronic submissions via facsimile will not be accepted.

The Performance Work Statement only contains approximate measurements for reference. A site inspection by the offeror prior to the quote submission is strongly recommended. The contractor is encouraged to visit the site to determine the type of equipment most suited for the work. All acreage amounts are estimated, and offerors should inspect the site for specific areas and special conditions. Appointments for site inspections should be made with Luther Helland (618) 748-6423 or Jeff Griffin at (618) 748-6401.

All offerors wishing to do business with the government must possess a valid DUNS number and shall be registered in the System for Award Management (SAM) prior to award. Offerors shall register online at www.sam.gov.

Offeror's SAM registration must be active in order to be eligible for award. Offers containing a name and address (Block 17a of SF1449) different from that registered in SAM may be deemed ineligible for award.

REPRESENTATIONS AND CERTIFICATIONS

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)

PRICE BREAKOUT SCHEDULE

OLMSTED LOCKS AND DAM, OLMSTED, IL, HERBICIDE SPRAYING

BASE YEAR-CALENDAR YEAR Date of Award - TO 31 DECEMBER 2023 The following Line Item Number are for the BASE YEAR, date of Award through 31 December 2023

ITEM NO. ITEM DESCRIPTION UNIT COST UNIT OF

ISSUE

QTY TOTAL

0001 Herbicide Spraying 41.1 acres $ EA. 2 $

OPTION YEAR ONE-CALENDAR YEAR 2024-01 JANUARY TO 31 DECEMBER 2024

The following Line Item Number (0002) are for Option Year One, 01 January 2024 through 31 December 2024

ITEM NO. ITEM DESCRIPTON UNIT COST UNIT OF

ISSUE

QTY TOTAL

0002 Herbicide Spraying – 41.1 acres $ EA. 2 $

OPTION YEAR TWO-CALENDAR YEAR 2025-01 JANUARY TO 31 DECEMBER 2025

The following Line Item Number (0003) are for Option Year Two, 01 January 2025 through 31 December 2025

ITEM NO. ITEM DESCRIPTION UNIT COST UNIT OF

ISSUE

QTY TOTAL

0003 Herbicide Spraying – 41.1 acres $ EA. 2 $

OPTION YEAR THREE-CALENDAR YEAR 2026-01 JANUARY TO 31 DECEMBER 2026

The following Line Item Number (0004) are for Option Year Three, 01 January 2026 through 31 December 2026

ITEM NO. ITEM DESCRIPTION UNIT COST UNIT OF

ISSUE

QTY TOTAL

0004 Herbicide Spraying – 41.1 acres $ EA. 2 $

OPTION YEAR FOUR -CALENDAR YEAR 2027 - 01 JANUARY TO 31 DECEMBER 2027

The following Line Item Number (0005) are for Option Year Four, 01 January 2027 through 31 December 2027

ITEM NO. ITEM DESCRIPTION UNIT COST UNIT OF

ISSUE

QTY TOTAL

0004 Herbicide Spraying – 41.1 acres $ EA. 2 $

GRAND TOTAL BASE YEAR PLUS ALL OPTION YEARS ____________________

PERFORMANCE WORK STATEMENT

OLMSTED LOCK AND DAM

HERBICIDE APPLICATION CONTRACT

SECTION C-1

GENERAL

C-1.1 PROJECT INFORMATION

C-1.2 SCOPE OF PEFORMANCE

C-1.3 TASK ORDERS

C-1.4 VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF

ENGINEERS CONTRACTS

C-1.5 WORKING HOURS

C-1.6 CONTRACTOR SUBMITTALS

C-1.7 PERMITS AND LICENSES

C-1.8 IDENTIFICATION OF CONTRACTOR EMPLOYEES AND VEHICLES

C-1.9 SAFETY AND SECURITY REQUIREMENTS

C-1.10 ACCIDENT REPORTING

C-1.11

C-1.12

DAMAGE REPORTS

CONTRACTOR EMPLOYEES’ CONDUCT AND COMPETENTCY

C-1.13 DAMAGE OR LOSS OF CONTRACTORS SUPPLIES AND PROPERTY

C-1.14 SUPERVISION

C-1.15 ENVIRONMENTAL PROGRAM

C-1.16 CONTRACTOR DISCREPANCY REPORT (CDR)

C-1.17 MEETINGS

C-1.18 QUALITY CONTROL

C-1.19 QUALITY ASSURANCE

C-1.20 DEFICIENCIES

C-1.21 INTERRUPTIONS TO SYSTEMS

C-1.22 GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT

C-1.23 CONTRACTOR FURNISHED ITEMS

C-1.24 SAFEGUARDING GOVERNMENT PROPERTY

C-1.25 NOTIFICATION OF SERVICE TO BE DONE

C-1.26 MINIMUM MANPOWER REQUIREMENTS

C-1.27 MINIMUM PERSONNEL QUALIFICATIONS

C-1.28 COOPERATION WITH OTHER CONTRACTORS, LESSEES, AND

VOLUNTEERS

C-1.29 REPORTS

C-1.30 APPLICABLE PUBLICATIONS

C-1.31 DEFINITIONS

SECTIONS C-2 through C-9 not used.

SECTION C-10

HERBICIDE APPLICATION SERVICES

C-10.1 HERBICIDE SPRAYING GENERAL INFORMATION

C-10.2 INVENTORY OF SITES FOR HERBICIDE SPRAYING

C-10.3 SPECIAL HERBICIDE SPRAYING RESTRICTIONS

C-10.4 GENERAL REQUIREMENTS OF HERBICIDE SPRAYING SERVICES

C-10.5 SPOT HERBICIDE SPRAYING/TREATMENTS

DESCRIPTION/SPECIFICATIONS

SECTION C-1

General

C-1.1 PROJECT INFORMATION. The Olmsted Locks & Dam Project Office is located at 634 New Dam Road, Olmsted, IL 62970 in Pulaski County, IL.

C-1.1.1 Government Technical Point of Contact (TPOC). The following individuals will be designated as the Government TPOC for this purchase order:

Luther Helland, Mechanic Supervisor Olmsted Locks & Dam Project Office:

634 New Dam Road Olmsted, IL 62970 618-748-6423

The Government TPOCs are authorized by the Contracting Officer to approve monthly invoices for payment and issue instructions to the Contractor effecting or directing the performance of the specified purchase order services. The Government TPOCs and their designee(s) are also authorized to perform surveillance of work in progress and inspect completed work to determine compliance with the contractual requirements. The Government TPOC’s are not authorized to approve any contractual documents or make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the purchase order.

C-1.1.2 Site Visit. A site inspection by the offeror prior to the quote submission is strongly recommended.

The contractor is encouraged to visit the site to determine the type of equipment most suited for the work. All acreage amounts are estimated and offerors should inspect the site for specific areas and special conditions.

Appointments for site inspections should be made with Luther Helland (618) 748-6423 or Jeff Griffin at (618) 748-6401.

C-1.2 SCOPE OF PERFORMANCE. The Contractor shall furnish all necessary management, personnel, materials, supplies, tools, equipment, fuel, and vehicles, except as otherwise provided herein, required to perform herbicide application services at the Olmsted Locks & Dam Project, 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, communication 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-performance meeting to be scheduled by the Technical Point of Contact (TPOC). At the option of the Government this purchase order may be renewed for four (4) one-year periods from 01 Jan 2024 thru 31 Dec 2024, 01 Jan 2025 thru 31 Dec 2025, 01 Jan 2026 thru 31 Dec 2026 and 01 Jan 2027 thru 31 Dec 2027. Dates for treatments to begin shall be decided during the option years at the discretion of the TPOC.

C-1.3 TASK ORDERS. Not applicable.

C-1.4. 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:

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: wtc.army.mil/modules/employers/index.html

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

C-1.5 WORKING HOURS.

a. Normal Working Hours. Normal working hours, except as otherwise specified herein, shall be Monday through Friday, 7:00 a.m. to 4:00 p.m, Central Time. Performance 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.

b. 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)

Junteenth (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. Services shall be scheduled around the above listed Federal holidays except as specified herein.

c. Inclement Weather. Spraying will not occur when wind or inclement weather prevents spraying per industry standards.

C-1.6 CONTRACTOR SUBMITTALS. Unless otherwise specified, the Contractor shall submit the following information to the TPOC prior to the pre-performance 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 Inspector(s).

c. Contractor Representatives. List of names of Contractor Representative(s).

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. Activity Hazard Analysis (AHA). An AHA will be submitted for each task performed.

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

g. Certification of employees qualified to administer First Aid and CPR.

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

i. Application Plan. The contractor shall submit an electronic copy of an application plan. This plan shall outline at a minimum the types of herbicides, areas to be treated, application rates, hyperlinks to SDSs 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 SDSs and that personal protective equipment as specified by the SDSs 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 said plan complies with all state, local and federal regulations. This plan shall be submitted for review and approval within 10 working 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.

j. Certificate of Insurance

k. Security Requirements – See Section C-1.9.i

l. Certification for Rollover Protective Structures (ROPS)

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

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 safety toe shoes. Contractor name shall be visible on shirts. Vehicles and any motorized equipment utilized for transportation shall be in good operating condition with no display of items such as stickers, flags, or etc. Vehicles shall be maintained in accordance with federal, state, and local laws and display contractor name.

C-1.9 SAFETY AND SECURITY REQUIREMENTS.

a. General. If the Contractor fails or refuses to promptly comply with safety and security requirements as specified herein, the TPOC or any other project employee may stop all or part of the performance 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 performance not performed as a result of the stop order.

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

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

c. Activity Hazard Analysis (AHA).

1) The Contractor shall use Activity Hazard Analyses (AHA’s) as one of many tools to insure safe performance of services. 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 service. The Contractor is encouraged to revise or add to these sample AHA’s as necessary to address changing conditions. Prior to performing services with inherent hazards, the Contractor shall review, at a “Tool Box” safety meeting, the approved AHA’s with those employees who shall perform that service each time the service 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.

2) The Government will require the Contractor to prepare an AHA for any services 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 service. 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.

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

e. Personal Protective Apparel and Equipment. Protective apparel and equipment, as identified in the AHA, shall be provided to eliminate or minimize hazards to personnel. As a minimum, each employee shall wear a short-sleeved shirt, long trousers, and appropriate footwear during all contract service. Face shields, spectacles with side-shields, or goggles, gloves and hearing protection shall be worn by employees when required by safety manual. Contractor personnel involved in handling or application of pesticides or herbicides shall use all protective apparel per manufacturer's recommendations. Fire extinguisher(s) and first aid kit(s) meeting the Safety Manual standards shall also be provided and easily accessible to all employees.

f. Contractor Employees Certified in First Aid & CPR. The Contractor shall schedule employees so the appropriate numbers of certified personnel are on duty to administer First Aid and CPR as required by the Safety Manual. Copies of their certification shall be provided in accordance with regulations. Two people per crew shall be trained in First Aid and CPR. Individuals performing services alone shall be trained in First Aid.

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

h. 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 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; and 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 spraying areas within this contract that will require the use of ROPS if sprayed 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. RPOS 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.

i. Required Security Training and Planning

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., Technical Point of Contact (TPOC), Requiring Activity (RA) representative, or Contracting Officer (if a TPOC 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.

2) 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).

3) 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.

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.

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.

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

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 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 services 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 services required under this contract nor be the basis for time extension. Immediate replacement of the employee shall be made.

C-1.13 DAMAGE OR LOSS OF CONTRACTOR'S SUPPLIES AND PROPERTY. The Contractor is responsible for taking the action necessary to protect Contractor supplies, materials and equipment, and the personal property of Contractor employees from loss, damage or theft. The Government assumes no responsibility for theft, damage, etc., of the above.

C-1.14 SUPERVISION. 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 services are 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 services 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 completed services are ready for Government inspection and to make decisions for the Contractor on re-performance when necessary. A QCI shall be appointed for each crew. For services performed outside normal working hours, a Contractor Representative or QCI shall be present at the job 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 services requirements, specifications, Activity Hazard Analysis, etc., at each job site which relate to each person's responsibilities and shall review them to ensure employees’ comprehension of a job prior to initiating services.

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.

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. If the 24 hours falls on the weekend or Federal Holiday, the written response shall be provided by 10:00 a.m. Eastern Time the following business day. The Contractor's response must:

a. Identify the cause and corrective action taken, and

b. Identify Contractor action to prevent recurrence.

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

C-1.17 MEETINGS. The Contractor is required to attend a pre-performance meeting to be scheduled by the TPOC.

The Contractor and/or the Contractor’s designated representative shall attend Performance Evaluation Meetings whenever deemed necessary by the TPOC. The TPOC will request a meeting not later than three normal workdays after a Contract Deficiency Report (CDR) is issued. Mutual effort will be made to resolve any problems identified.

Written minutes of these meetings shall be prepared by the TPOC and signed by the TPOC and the Contractor and/or the designated Contractor representative(s). Should the Contractor not concur with any decisions, etc., contained in the minutes, the Contractor shall so state in writing, and request a final decision by the Contracting Officer.

C-1.18 QUALITY CONTROL. The Contractor shall have a Quality Control program to ensure 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 performance assignments and that appropriate technical expertise is utilized with each performance assignment.

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

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

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.