A.02 PWS Webb Lime Application.pdf

Performance Work Statement for

Lime Application at Webb Mitigation Site in Clatskanie, Columbia County, Oregon

1.0 General Statement

The US Army Corps of Engineers – Portland District (Corps) is soliciting for application of standard powder agricultural lime at Webb mitigation site in Clatskanie, Columbia County, OR (Location shown in Attachments 1-2). This is a non-personal, commercial services requirement. The contractor shall apply lime in accordance with the terms of the contract and as defined in this Performance Work Statement (PWS).

This is a firm-fixed-priced contact with two month period of performance, from 1 September through 31 October 2021.

2.0 Definitions

Throughout this PWS terms are defined as follows:

Acceptable Quality Level (AQL): Acceptable Quality Level equals the performance standards listed in 5.1.

The contractor must re-perform all unsatisfactory work.

Contracting Officer (KO): The Government employee who is authorized to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officer’s Representative (COR): The individual designated in accordance with subsection

201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

Contract Discrepancy Report (CDR): A written record of unsatisfactory performance by the contractor as observed by the COR.

3.0 The Government Will Furnish

U.S. Army Corps of Engineers (USACE) will not furnish any information or equipment for this contract.

4.0 The Contractor Shall Furnish

4.1 75 tons of powder agricultural lime (calcium carbonate) (approximately 2.5 tons per acre over 30 acres).

4.2 All personnel labor, equipment, tools, materials, vehicles, supervision, and other items and services (including water, electricity, and sanitary facilities) necessary to perform the work as defined in this PWS, including mobilizations and demobilizations from the site. Approved equipment access to the site is shown in Attachments 2 and 3.

5.0 Performance Standards and Requirements (Also see Summary in Paragraph 6.0)

The performance standards apply to the area between the outer drainage ditch and the inner berm around the wetland shown in Attachment 2.

5.1 Lime Application at Webb Mitigation Site

The purpose of the lime application is to raise the pH of the soil to control horsetail in agricultural fields.

The recommended pH level to control horsetail is 6 to 7. Existing soil samples indicate pH levels are too low. The Contractor shall apply 75 tons of standard powder agricultural lime to a total of 30 mowed acres between the outer drainage ditch and the inner berm around the wetland to raise the pH level the desired amount. This equates to an application rate of approximately 2.5 tons of lime per acre; however, at the preparatory meeting the Contractor may be directed to increase the rate in some locations and decrease the rate in other locations depending on local conditions within the field. Extreme care shall be taken at all times to ensure the lime is not applied to ditches adjacent to the fields. All industry best management practices shall be followed.

5.2 Pre-work submittals

At least 2 weekdays prior to start of lime application, Contractor shall submit a written Workplan for approval by the designated COR. Contractor must receive approval prior to start of lime application. The purpose of the Workplan is to briefly describe the Contractor’s technical approach to how the work will be accomplished to demonstrate that the Contractor fully understands how to accomplish the work safely, while protecting the environment and meeting contract performance requirements. Workplan shall contain the following:

1. Project schedule (planned dates of lime application).

2. Job safety analysis (also known as activity hazard analysis) consisting of a list of potential general and site-specific safety hazards associated with the work and recommended controls that will be implemented.

3. Environmental protection analysis consisting of recommended controls that will be implemented to reduce the risk of lime spills from hazards such as wind and ditches, and a site-specific spill response plan.

4. Quality control analysis consisting of a description of how the lime application rate is controlled and measured to meet contract requirements.

5. E-verify report of all Contractor personnel that will perform the work (see PWS section 7.4).

5.3 Preparatory Meeting

At the site immediately prior to start of lime application, the Contractor and COR will meet to review the approved Workplan.

6.0 Performance Requirements Summary (PRS)

The PRS is intended to ensure that the Government receives the services for which it contracted. The Government will only pay for services received. The Performance Requirement Summary (PRS) determines if the contractor meets the performance standards of the contract, as well as provides guidelines for how and when surveillance will be performed. It ensures timeliness, effectiveness, and that the contractor is delivering the results specified in the contract. Government contract quality assurance will be performed at such times and/or places as may be necessary to determine the services conform to contract requirements.

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable quality levels (AQL) of service required for each requirement. These thresholds are critical to mission success.

6.1 Performance Requirements Summary Table

Below are the criteria against which the performance will be evaluated. Work shall be considered not to have been performed when any one of the following conditions exists in accordance to the Quality Assurance Surveillance Plan.

PERFORMANCE REQUIREMENTS SUMMARY

Required Services (Tasks)

Performance Standards Acceptable Quality Levels

Surveillance Validated Complaints

Lime Application at Webb Mitigation Site [PWS Para. 5.1]

Perform work on schedule. Standard powder agricultural lime applied at rate of 2.5 tons per acre to the designated area using industry best management practices. No lime applied in ditches or within the bermed wetland area.

Zero deviation from PWS

100% Inspection; Work may be accepted immediately upon completion.

None

6.2 Surveillance

100% inspection by the COR will serve as the surveillance methods. If the COR discovers deficiencies and/or receives complaints, the COR will pass them on to the Contractor for correction.

6.3 Quality Control

The contractor, not the government is responsible for quality control actions necessary to meet the quality standards set forth by the contract. The Government reserves the right under the Contract Terms and Conditions--Commercial Items (FAR 52.212-4) to inspect and test the services called for by the contract, to the extent practicable at all times and places during the term of the contract. Non-conforming services shall be rejected.

6.4 Unacceptable Performance

When performance is determined unacceptable, as defined in the Performance Requirements Summary, the COR will inform the Contractor that performance is unacceptable and provide written documentation by use of the Form DD 2772, Contract Discrepancy Report (Attachment 4). By initialing and dating the form, the Contractor is only acknowledging notification of unacceptable performance. Disputes in surveillance shall be referred to the Contracting Officer.

The COR will notify the Contracting Officer of unacceptable performance. If any of the services do not conform to task order requirements, the Government may require the contractor to perform the services again in conformity with task order requirements, at no increase in task order amount. When the defect(s) in services cannot be corrected by re-performance, the Government may:

a. Require the contractor to take necessary action to ensure future performance conforms to task order requirements.

b. Reduce the task order price to reflect the reduced value of the services performed.

c. If the contractor fails to promptly re-perform the services, or to take the necessary action to ensure future performance in conformity with task order requirements, the Government may:

i. By contract or otherwise, perform the services and charge to the contractor any cost incurred by the Government that is directly related to the performance of such service;

ii. Issue a Cure Notice;

iii. Terminate the task order for the convenience of the Government; and/or

iv. Terminate the task order for cause.

6.5 Correction of Non-Performance of Work

The Contractor shall employ an adequate quantity of personnel to ensure that any area found to not be in compliance, and therefore not acceptable, shall be made acceptable by the performance or re-performance of the work, where such re-performance is possible, during the first business day after noncompliance has been observed by or reported to and verified by the COR.

6.6 Damages Caused by the Contractor

Contractor shall be held accountable and liable to the Government for any damages to government facilities, fixtures, furnishings, equipment, trees, or grounds caused by the Contractors or their employees.

6.7 Interference with Government Operations

The Government may undertake or award other contracts for additional work and the Contractor shall fully cooperate with such other contractors and Government employees. The Contractor shall not commit or permit any act which shall interfere with the performance of work by any other contractor or by Government employees.

7.0 Safety and Security

7.1 Safety

a. The contractor shall conform to all safety standards of the most recent edition of the Corps Safety and Health Requirements Manual EM-385-1-1 (2014), which can be found online at (http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf).

b. Tools shall be equipped with manufacturer's recommended safety protective devices to ensure worker safety at all times. Tools shall be inspected daily by the Contractor and maintained in good working condition. All workers shall be properly trained in safe practices.

c. In the event that an accident or injury occurs to Contractor personnel, the Contractor shall notify the COR in a timely manner. The Contractor shall make a written report of each separate case of an injury or accident. The report shall include, but not be limited to; location, nature of the injury or accident, authorities notified, and the action taken along with any other pertinent information. The report shall be accompanied by sketches, graphs/drawings, and photographs as needed and forwarded to the COR within 24 hours.

7.2 Project Security

Project security is the responsibility of the Contractor. The Government will not accept responsibility for stolen or damaged equipment and materials. All equipment and materials shall be adequately secured by the Contractor to prevent theft or vandalism.

7.3 Access and General Protection/Security Policy and Procedures

All Contractor and all associated sub-contractors employees shall comply with applicable installation, facility, and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy.

In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

7.4 Pre-screen candidates using E-Verify Program

The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Contractor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after contract award.

8.0 Environmental Protection

8.1 Equipment Cleaning

The Contractor shall clean all construction equipment prior to bringing it onto the project site. The Contractor shall ensure that the equipment is free from soil residuals, egg deposits from plant pests, noxious weeds, and plant seeds.

8.2 Protection of Land Resources

The areas on which the work is to be performed under this contract, and the land resources adjacent thereto, shall be preserved in their present condition.

8.3 Protection of Water Resources

Lakes, ditches, rivers, canals, ponds, waterways, inundated wetlands, or reservoirs shall not be polluted with lime, fuels, oil, bitumens, calcium chloride, insecticides, herbicides, or other similar materials harmful to fish, shell fish, wildlife, or materials which may be detrimental to outdoor recreation.

8.4 Removal of Equipment and Other Materials

Upon completion of work, the contractor shall remove from the site of work, all equipment, unused materials, and any waste materials and rubbish resulting from the operation performed herein.

9.0 General

9.1 Site Conditions

The site can be wet. Equipment will be equipped properly for operation on wet ground to preclude rutting and mass soil disturbance.

9.2 Project Coordination

Coordination of project activities is critical to the successful completion of the required services. Every effort shall be made to resolve critical issues in a timely manner before they become problems. The Contractor shall notify the COR at least 2 work days, excluding weekends, prior to start of work.

9.3 Project Schedule

Lime application is allowed any day of the week, including weekend days if needed.

9.4 Media/Publicity

The contractor shall immediately refer all media and public inquiries or access requests to the worksite to the COR without further comment. The Government may request or require the contractor to provide access to the worksite to those groups approved by the Government.

9.5 Contract Changes

Changes in scope, time, or deliverables can only be authorized by the Contracting Officer. The contractor shall notify the Contracting Officer immediately if they have received direction to perform work outside the scope of the contract. Changes in scope will be negotiated and a written modification issued, before proceeding with the work.

9.6 Government Holidays

The Contractor is not required to perform services on the following recognized Federal holidays: New Year’s Day, Labor Day, Martin Luther King Day, Columbus Day, President’s Day, Thanksgiving Day, Independence Day, and Christmas Day.

9.7 Walsh-Healey Public Contracts Act or the McNamara-O'Hara Service Contract Act (SCA) Every employer performing work covered by the Walsh-Healey Public Contracts Act or the McNamara- O'Hara Service Contract Act (SCA) is required to post a notice of the compensation required (including, for service contracts, any applicable wage determination) in a prominent and accessible location at the worksite where it may be seen by all employees performing on the contract. A copy of the poster is available in two versions at the following DOL website: http://www.dol.gov/whd/regs/compliance/posters/sca.htm. The rest of the content is subjective to each locations needs.

9.8 Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts USACE contractors and sub-contractors 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:

Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx Department of Labor Veterans Employment Assistance at http://www.dol.gov/vets/ Department of Veterans Affairs-VOW to Hire Heroes Act at http://benefits.va.gov/vow Army Wounded Warrior Program at http://wtc.army.mil/modules/employers/index.html U.S. Chamber of Commerce Foundation – Hiring Our Heroes: http://www.hiringourheroes.org/ Guide to Hiring Veterans:

www.whitehouse.gov/sites/default/files/docs/white_house_business_council_- _guide_to_hiring_veterans_0.pdf

9.9 Invoicing

Invoice(s) shall be prepared in accordance with FAR clause 52.212-4(g) and an electronic copy submitted to: Jessica Stokke, (503) 808-4352, Jessica.B.Stokke@usace.army.mil

10.0 Points of Contact

Contracting Officer: TBD Contracting Officer’s Representative: Jessica Stokke, (503) 808-4352, Jessica.B.Stokke@usace.army.mil Contract Specialist: TBD

11.0 Deliverables Schedule

PWS

Paragraph

Deliverable Delivery Date

5.2 Workplan 100% of items described in the PWS prior to initiation of the work tasks or as otherwise stated in PWS.

5.1 Lime Application at Webb

mitigation site

Lime application must occur between 1 September and 31 October 2021.

12.0 Attachments

Attachment 1 - Webb Mitigation Site Location Map (External Attachment)

Attachment 2 - Webb Mitigation Site Lime Area Extent and Access Map (External Attachment)

Attachment 3 - Webb Mitigation Site Access Photos (External Attachment)

Attachment 4 - Contract Discrepancy Report (CDR) (External Attachment)