Scope.pdf

MCALPINE LOCKS

AND DAM SERVICE

CONTRACT

TABLE OF CONTENTS

SECTION

C-1

GENERAL

SECTION C-1

GENERAL

SECTION C-2

GRASS MOWING AND MAINTENANCE OF LANDSCAPED AREAS

GRASS MOWING AND MAINTENANCE OF LANDSCAPED AREAS

C-2.1 – SCOPE OF WORK

C-2.2 – GENERAL

C-2.3 – WORK TO BE PERFORMED

C-2.4 – MOWING CYCLE

C-2.5 – ITEMS TO BE FURNISHED BY THE GOVERNEMENT

C-2.6 – SUPPLIES TO BE FURNISHED BY THE CONTRACTOR

C-2.7 – SERVICE EQUIPMENT

C-2.8 – SPECIAL PROVISIONS

C-2.9 – HERBICIDE SPRAYING

C-1.1 PROJECT INFORMATION

C-1.2 SCOPE OF WORK

C-1.3 TASK ORDERS

C-1.4 VETERANS EMPLOYMENT EMPHASIS

C-1.5 WORKING HOURS

C-1.6 CONTRACTOR SUBMITTALS

C-1.7 PERMITS AND LICENSES

C-1.8 IDENTIFICATION OF CONTRACTOR EMPLOYEES AND VEHICLES

C-1.9 SAFETY AND SECURITY REQUIREMENTS

C-1.10 ACCIDENT REPORTING

C-1.11 DAMAGE REPORTS

C-1.12 CONTRACTOR EMPLOYEES’ CONDUCT AND COMPETENTCY

C-1.13 DAMAGE OR LOSS OF CONTRACTORS SUPPLIES AND PROPERTY

C-1.14 SUPERVISION

C-1.15 ENVIRONMENTAL PROGRAM

C-1.16 CONTRACTOR DISCREPANCY REPORT (CDR)

C-1.17 MEETINGS

C-1.18 QUALITY CONTROL

C-1.19 QUALITY ASSURANCE

C-1.20 DEFICIENCIES

C-1.21 INTERRUPTIONS TO SYSTEMS

C-1.22 GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT

C-1.23 CONTRACTOR FURNISHED ITEMS

C-1.24 SAFEGUARDING GOVERNMENT PROPERTY

C-1.25 NOTIFICATION OF WORK TO BE DONE

C-1.26 MINIMUM MANPOWER REQUIREMENTS

C-1.27 MINIMUM PERSONNEL QUALIFICATIONS

C-1.28 COOPERATION WITH OTHER CONTRACTORS, LESSEES, AND VOLUNTEERS

C-1.29 REPORTS

C-1.30 APPLICABLE PUBLICATIONS

C-1.31 DEFINITIONS

DESCRIPTION/SPECFICATIONS

SECTION C-1

General

C-1.1 PROJECT INFORMATION. The project site is located at McAlpine Locks and Dam located approximately 2.5 miles northwest of Louisville, Kentucky in Jefferson County. The address for McAlpine Locks and Dam is 805 North 27th Street, Louisville, KY 40212.

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 mowing, spraying services at the McAlpine Locks and Dam project recreation and operational areas, as specified and in strict accordance with all Terms, Conditions, General, Specific and Technical Provisions, Drawings, Attachments, Exhibits, etc., contained herein or incorporated by reference. The Contractor’s performance and responsibility shall include all planning, programming, administration, management, supervision, communications, and inspection necessary to ensure 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).

TPOC: Tyler Jamison, Natural Resource Specialist, tyler.s.jamison@usace.army.mil, 502-315-6714 Jay Rickman, Lockmaster, jay.w.rickman@usace.army.mil, 502-774-3514

It is emphasized that the performance described in this contract is a critical part of the Corps mission.

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 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 Thursday, 7:00 a.m. to 4:00 p.m. Eastern Time. Work that interferes with other ongoing functions at the project shall be scheduled around normal working hours, as specified by the Technical POC. Refer to individual sections of this specification for specific schedules of work.

b. Holiday Work. The 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) 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 shall be scheduled around the above-listed Federal holidays except as specified herein or as approved by the Technical POC.

c. Inclement Weather Work. The Contractor shall maintain the schedule of services regardless of inclement weather. Exceptions may be approved by the Technical POC when severe conditions make it impractical or dangerous to perform the work.

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

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

e. Emergency Contacts. A prioritized list, including phone numbers, of those people

(normally Contractor Representatives) to call in case of emergencies.

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

g. Certificate of Insurance.

h. Security Requirements. Section C-1.9

i. Certification for Rollover Protective Structures (ROPS). The Contractor shall submit a certification from the manufacturer or a Registered Professional Engineer to demonstrate rollover protective structures (ROPS), as required in of the Safety Manual, comply with applicable SAE recommended practices or an approved OSHA program. In lieu of the certification, the Contractor may provide a written statement containing the following information permanently affixed to the ROPS:

1) Manufacturer's or fabricator's name and address.

2) ROPS model number, if any.

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

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

k. Applicator’s License. The contractor shall submit a Kentucky state approved herbicide applicators license.

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

C-1.8 IDENTIFICATION OF CONTRACT EMPLOYEES AND VEHICLES. The Contractor shall furnish employees T-shirts with the company identification on the left side of the shirt, which may be silkscreen or patchwork. 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 Technical POC or any other project employee may stop all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such work stoppage shall be made subject to any claims for extension of time or for excess costs or damages sustained by the Contractor. Also, the Contractor will not be paid for work not performed because of the stop order.

The Contractor shall comply with the Occupational Safety and Health Act (OSHA), the Corps of Engineers Manual, EM 385- (https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385- 1-1.pdf) and as otherwise stated herein. Special attention shall be given to the requirements for safety meetings. The Contractor shall inform the TPOC a minimum of 7 business days prior to a Contractor monthly safety meeting, to permit a Government representative to attend.

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

c. Activity Hazard Analysis.

1) The Contractor shall use Activity Hazard Analyses (AHA’s) as one of many tools to ensure safe performance of work. It is the Contractor’s responsibility to prepare the AHA.

Sample AHA’s may be available at the project office for review and use by the Contractor to assist in the development of site-specific Activity Hazard Analyses prior to the Contractor performing the job. The Contractor is encouraged to revise or add to these sample AHA’s as necessary to address changing conditions. Prior to performing jobs with inherent hazards, the Contractor shall review, at a “Toolbox” safety meeting, the approved AHA’s with those employees who shall perform that work each time the work is ordered.

The Government may request advanced notification of the time and date of the above AHA Toolbox safety meeting for Contractor employees so that the Government may attend such reviews.

2) The Government will require the Contractor to prepare an AHA for any jobs for which an adequate AHA does not already exist. A copy of this AHA shall be submitted to the Technical POC and must be accepted before the Contractor starts the job. This copy of the AHA will become the property of the Government. Guidance is included in Exhibit D, which shall be used by the Contractor as a guide for the preparation of required AHA's.

3) A copy of an approved AHA is required. A copy of the approved AHA’s shall always be available to workers at each associated job site and a copy shall be provided to the

Government.

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

e. Personal Protective Apparel and Equipment. Protective apparel and equipment, as identified in the

AHA, shall be provided to eliminate or minimize hazards to personnel. As a minimum, each employee shall wear a short-sleeved shirt (as detailed in C-1.8), long trousers and appropriate footwear during all contract work. Face shields, spectacles with side-shields, or goggles, and hearing protection shall be worn by employees when required by the safety manual. 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. Two people per crew shall be trained in First Aid and CPR. Individuals working alone shall be trained in First Aid.

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

h. Equipment Safety.

1) Rollover Protective Structures (ROPS). A certification or written statement shall be provided, in accordance with TP 1.6(i).

2) Seat Belts. Seat belts are required and shall be used on all riding lawn mowers and tractors.

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

i. Mowing on Slopes. Mowing shall not be performed on slopes with 5.67 horizontal to 1 vertical (10%), or steeper grade, when the ground is soft, or the grass is wet.

j. Access Gates. Egress and ingress to closed areas will be controlled as directed by the Technical

POC.

k. 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., 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.

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.

3) 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.

4) 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.

5) 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 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 when applicable, and (5) US Citizens Security Access 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.

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-SM

600 Martin Luther King Jr. Pl Louisville, KY 40202

Primary Email: DLL-CELRL-Security-SM@usace.army.mil

Alternate (if no response in 72 hours):

James R. Milner, phone (502) 315-6916; James.R.Milner@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. In all instances where Government or private property, equipment, natural features, landscape, or trees are damaged by contract employees, an immediate notification shall be made to the Technical POC. A full report of the incident and extent of such damage shall be submitted to the Technical POC within 24 hours of occurrence, excluding weekends and holidays.

C-1.12 CONTRACT EMPLOYEES’ CONDUCT AND COMPETENCY. All contract employees shall conduct themselves in a proper and courteous manner at all times. Since most of the work is performed in the presence of the public, the conduct of all employees is critical and will be closely monitored. Contract employees shall comply with all provisions of Title 36, Chapter III, Part 327, CFR and obey all posted signs and regulations in the performance of the work under this contract. Being under the influence of or consuming alcoholic beverages or controlled substances by the Contractor or employees while on duty is prohibited.

a. Employee Dismissal. The Contractor expressly agrees to dismiss any employee or subcontractor employee whose continued employment is deemed by the Technical POC to be inconsistent with the best interests of the public or the U.S. Army Corps of Engineers. The KO or the Technical POC may require the Contractor to immediately remove from the work site any employee or subcontractor who is incompetent, endangers persons or property, or whose physical or mental condition would impair their ability to satisfactorily perform the work. Notification to the Contractor will be promptly made in writing if time and circumstances permit. Otherwise, notification will be verbal and confirmed in writing as soon as possible. No removal shall reduce the Contractor's obligation to perform all work required under this contract nor be the basis for time extension. Immediate replacement of the employee shall be made.

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

C-1.14 SUPERVISION.

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

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 Contractor shall maintain copies of contract service 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.

b. Communication. The Contractor or the appointed Superintendent shall contact the Technical POC or his designated representative daily, or as directed by the Technical POC, to coordinate his work schedule in compliance with the contract terms and arrange satisfactory operating agreements between his operations and the Corps of Engineers. The Contractor shall furnish the Technical POC, in writing, the name of a superintendent for on-the-job contact and supervision purposes.

The Contractor and Superintendent shall attend a pre-work conference at the Project Office prior to commencing contract work. The Contractor or Superintendent shall maintain a communication system which ensures a maximum one-half hour (1/2) hour response to messages or inquiries from the Technical POC, or his representative, on major issues such as performance related problems needing attention and relaying emergency messages to Contractor employees.

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 services are performed.

C-1.15 ENVIRONMENTAL PROGRAM.

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

b. 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 a 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.

Central 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.

The Contracting Officer or the Technical POC will evaluate the Contractor's response and take appropriate action, which may include making necessary deductions. Upon finalization of the CDR, the Contractor and the Technical POC must sign the form. The Contractor will be given a copy of the completed form.

Should the Contractor not concur with any decision, etc., the Contractor may so state, in writing, and request a final decision by the Contracting Officer. The Contracting Officer monitors all CDR's issued, and CDR's are the principal evidence used by the Contracting Officer in determining Government contract actions such as termination or decision not to exercise options.

C-1.17 MEETINGS. The Contractor is required to attend a pre-performance meeting to be scheduled by the TPOC. If a CDR is issued, mutual effort will be made to resolve all problems identified to preclude their recurrence. The TPOC may alter this reporting schedule, or change the reporting method, time, or place if mutually agreeable between the TPOC and the Contractor.

C-1.18 QUALITY CONTROL. The Contractor shall have a Quality Control program to assure the requirements of the contract are provided as specified. The primary purpose of Quality Control is to identify and correct deficiencies in the quality of services performed before the level of performance becomes unacceptable. Quality Control Inspections must be completed prior to contacting the TPOC for Quality Inspections.

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. These files must be provided within 12 hours of being requested by the TPOC.

d. A method of ensuring that employees have full knowledge of work assignments, and that appropriate technical expertise is utilized with each work assignment.

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

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

Failure to provide appropriate Quality Control may result in issuance of a CDR, and/or termination of the contract.

C-1.19 QUALITY ASSURANCE. The Government will monitor the Contractor's performance in accordance with the Quality Assurance Surveillance Plan and reserves the right to perform inspections at a level sufficient to assure adequacy of the Contractor's Quality Control Plan. The Government will use 100% Inspection.

1) Quality Assurance Inspections. The Technical POC will inform the Contractor as to how the

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

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

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

C-1.20 DEFICIENCIES. If the Contractor fails to perform, or if performance in any area is judged unsatisfactory by the TPOC, the Government will take corrective action. If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no cost to the Government. When the defect in services cannot be corrected by re-performance, or cannot be corrected in the specified time frame, the Contractor is required to respond to a CDR (See Section C-1.16).

C-1.21 INTERRUPTIONS TO SYSTEMS. All work that would necessitate an interruption of the use of the project or its support systems or otherwise disrupt building occupants and/or the visiting public shall be fully coordinated and approved in advance by the Technical POC. Interruptions shall be kept to an absolute minimum, and all repairs or replacements of equipment or components shall be accomplished in an expeditious and efficient manner. All major maintenance on equipment and any maintenance that could endanger visitors shall be conducted off government property.

C-1.22 GOVERNMENT FURNISHED MATERIALS AND EQUIPTMENT.

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

b. Utilities. The Government will furnish available utilities to perform the specified work. At remote locations the Contractor shall supply his own utilities such as water. The Contractor shall make a dedicated effort to conserve utilities and shall comply with all Government regulations regarding energy conservation. Government furnished utilities shall be used only in the performance of work specified in this contract.

c. Forms. All Department of Defense forms, required by the Government to be used under this contract, will be provided by the Government during the contract period. The Government reserves the right to modify or supersede these forms during the contract period.

d. Control. The Contractor shall provide control to ensure Government furnished equipment, property, or items are utilized only for contract purposes. The Contractor will be provided keys to allow access to certain secure areas and will be held responsible for losses due to his negligence and for the replacement of compromised locks (which can occur due to loss or duplication of keys). Upon completion (including any extensions of contract term) or termination of the contract for any reason, and except for fair wear and tear, the Contractor shall return all Government furnished equipment, keys and any unused material or supplies in the same condition as received. Any discrepancies (except for fair wear and tear), damages or deficiencies in the inventory will be chargeable against the Contractor.

e. Safety Manual. Prospective contractors may review a copy of the Safety and Health

Requirements Manual EM 385-1-1 at the Project Office. This manual can also be found online.

C-1.23 CONTRACTOR-FURNISHED ITEMS.

a. General. Unless otherwise specified, the Contractor shall furnish all personnel, tools, facilities, vehicles, transportation, equipment and operators, supplies, or materials required to perform all work. All Contractor-furnished equipment, supplies, materials, vehicles, etc., shall meet all applicable Federal, Department of Defense, Department of the Army, State and local laws and regulations. All materials shall be subject to approval by the Technical POC prior to use.

b. Service Vehicle. It is the Contractor's responsibility to provide service or work vehicles as necessary, capable of transporting employees, equipment, tools, materials, and supplies.

Contractor service vehicles used along project and public roads must be equipped with an orange rooftop revolving light, a rear mounted warning sign, and reflective tape on the rear bumper.

c. Contractor Equipment and Supply Inspections. The apparent Contractor shall make available for inspection all service equipment, tools, and samples of supplies he proposes to use for work under this contract, along with proof of ownership or lease agreement. Such articles shall be made available for inspection within seven (7) working days after notice from the Technical POC.

Only equipment and supplies inspected and approved shall be used for work under this contract. All subsequently procured equipment to be used for work under this contract must be inspected and approved by the Government prior to use.

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

C-1.25 NOTIFICATION OF WORK TO BE DONE. The Contractor will be notified of work to be performed by issuance of Call Orders. The Call Orders must be signed and return to the Technical POC within 24 hours of delivery. Under normal conditions, Call Orders will be issued that require response within 48 hours after receipt. All Call Orders must be completed by the Delivery Date shown on the Call Order Form.

C-1.26 MINIMUM MAN-POWER REQUIREMENTS. The Contractor shall provide an adequate number of fully qualified personnel to perform the work specified herein.

C-1.27 MINIMUM PERSONNEL QUALIFICATIONS.

a. General. Employees, technical personnel, and consultants shall have the education, experience, or knowledge, as evidenced by license, certificate, or diploma, etc., to provide a comprehensive understanding of the systems and components to be serviced, operated, and maintained under this contract. A commercial driver’s license (CDL) will be required to operate certain large trucks, to pull trailers and operate other vehicles as required by the Commercial Vehicle Safety Act of 1986. Only properly trained and qualified employees shall be used in the performance of this contract. All employees shall be subject to such Government or other regulations that are applicable during the time spent on Government property.

b. Management. The business owner or upper management shall have experience in mowing, cleaning, and herbicide application. Personnel performing herbicide application services shall be certified as an applicator in accordance with KY State Law and the Kentucky Department of Agriculture.

C-1.28 COOPERATION WITH OTHER CONTRACTORS, LESSEES, AND VOLUNTEERS. The Government may undertake or award other contracts, or have lessees or volunteers performing certain work. The Contractor shall fully cooperate with such other Contractors, lessees, volunteers and Government employees. The Contractor shall not commit or permit any act which will interfere with the performance of work by another Contractor, volunteer, lessee, or Government employee. The KO can alter the work schedules of the other Contractor, lessee, Government employees, volunteer, or the Contractor to avoid possible conflicts. Any such change (or failure to make such a change) by the KO shall not be the basis for a claim by the Contractor. Any changes outside of normal working days or hours shall come from the Contracting Officer and will be completed through a modification.

C-1.29 REPORTS. The Contractor shall, in an accurate and timely manner, prepare all reports, forms, permits etc., as required in this contract. A partial list of these reports, forms, permits, etc., follows:

- Supplies Furnished and Used

- Contractor Portion of Any CDR

- Quality Control Inspection Checklists

- Worksheet (ENG Form 5007-R)

- Vehicle Operational Record Form (CEORH Form 2813

Test)

- Activity Hazard Analysis (AHA)

- Monthly Record of Work-Related Injuries/Illnesses & Exposure form (Submitted by the by the 5th day of each month for the work completed in the prior month)

- Monthly Invoice (Submitted by the by the 5th day of each month for the work completed in the prior month)

“CONTRACTOR MANPOWER REPORTING LANGUAGE FOR CONTRACT SERVICE

PERFORMANCE STATEMENTS AND RELATED BACKGROUND INFORMATION:

"The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:

https://sam.gov/content/home

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 20__.

Contractors may direct questions to Customer Service at: https://sam.gov/content/home

The information below is not to be included in contract service performance statements Uses and Safeguarding of Information: Information from the secure web site is considered proprietary in nature when the contract number and contractor identity are associated with the direct labor hours and direct labor dollars.

At no time will any data be released to the public with the contractor’s name and contract number associated with the data. Contractors for other than Army components can visit to review user manuals and gain an understanding about the data fields that will be included in the reporting structure that is hosted at https://sam.gov/content/home

Applicability: The reporting requirement applies to all contracted services, provided the organization that is receiving or benefiting from the contracted services is a Department of Defense organization, including reimbursable appropriated funding sources from non-DoD executive agencies where the Defense Component requiring activity is executive agent for the function performed. The reporting requirement does not apply to situations where a Defense Component is merely a contracting agent for another executive agency. In general, the only contracted services excluded from reporting are construction and utilities.”

C-1.30…