Att 0001 - PWS - ESH Aerial Spraying.docx

PERFORMANCE WORK STATEMENT (PWS)

AERIAL VEGETATION CONTROL SPRAYING BY HELICOPTER

US ARMY CORPS OF ENGINEERS

NORTH DAKOTA, SOUTH DAKOTA AND NEBRASKA

PART 1

General Information

1.0 General Information.

1.1 Description of Services/Introduction. This is a services contract to provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform aerial vegetation spraying via helicopter for the US Army Corps of Engineers (USACE) as defined in this Performance Work Statement (PWS). The contractor shall perform to the standards in this contract.

1.2 Background. This requirement requires a licensed helicopter pilot and herbicide applicator to provide aerial vegetation spraying to Missouri River sandbars in North Dakota, South Dakota and Nebraska. Sites may include Missouri River segments below Garrison Dam, Ft. Randall Dam and Gavins Point Dam, as well as upper Oahe Reservoir and upper Lewis & Clark Lake.

1.3 Scope of Work. The Contractor shall provide all labor, tools, transportation, materials, and equipment necessary to control vegetation on sandbars as outlined in Part 5.0 Specific Tasks and described here in the PWS. Services include spraying all vegetation with specified aquatic-labeled herbicides via helicopter at designated sandbars without damaging non-target areas. A map and shapefile delineating spray sites will be provided to the contractor prior to performing work. The contractor will follow all label instructions for mixing and applying all herbicides (including the addition of any adjuvants). All spray equipment shall be properly calibrated prior to spraying. All vegetation control operations shall be conducted in a safe and professional manner.

1.4 Place of Performance. Work associated with this contract may be issued for locations within the states of North Dakota, South Dakota and Nebraska, on the Missouri River.

1.5 Period of Performance. Period of Performance for spraying operations will occur between 19 August 2025 through 19 November 2025. Actual dates are dependent on threatened birds using the areas as well as frost/freeze dates or short photoperiods that cause vegetation to stop growing for the season. In general, the desired dates will be August 26th through October 4th for North Dakota and September 3rd through October 9th for South Dakota/Nebraska.

1.6 Hours of Operations. The Contractor is responsible for conducting business, between sunrise and sunset, Monday thru Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.7 Recognized Holidays. The contractor will not perform services on recognized Federal Holidays, unless authorized within specific this contract or approved by the COR.

1.8 Payments and Invoicing. The Contractor shall submit one itemized invoice for payment which shall include digital (GIS/GPS) tracks of the application. The Contractor shall be reimbursed on a per acre basis as recorded on the submitted PAR forms and verified by digital GIS/GPS files. Each invoice shall be mailed to the COR and shall include the following information: Contractor's name and address exactly as it appears in Block 17a of SF Form 1449, contract number, and date. Payment will be made after satisfactory completion, inspection, and acceptance by the COR of all agreement work performed, upon presentation to the Disbursing Officer of an invoice covering the services rendered. Payment is generally received 4-6 weeks after submittal of a complete invoice. Payment will be made via Electronic Funds Transfer (EFT). All Government furnished materials are required to be returned to the COR before the final invoice will be accepted for payment.

1.9 COR/Government POC. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR authority, especially with regard to changes in cost or price, estimates or changes in delivery dates. A COR will be appointed at the contract level, with the possibility of additional Gov. POC’s being identified at the contract level. The COR/Gov. POC is not authorized to change any of the terms and conditions of the resulting order.

1.10 Post Contract/Periodic Progress Meetings. The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officers Representative, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance and/or performance requirements. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.11 Insurance. The Contractor shall be fully insured against any potential damages relating to the work specified herein. The Contractor is liable for any damage to adjacent private property such as, but not limited to, turf, roads, fences, etc. The Contractor shall provide a copy of certificate of insurance to the COR at the pre-work conference.

1.12 Quality Control. The quality of all work shall be the responsibility of the Contractor. The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which they assure themselves that their work complies with the requirements of the contract. The contractor shall designate, in writing, an employee who shall serve as the contact for matters involving quality and performance or nonperformance of the required work. The employee (s) shall be qualified and fully competent with full authority to act for, and on behalf of, the contractor as necessary to ensure that the required work is performed in accordance with the specifications and standards contained herein. The contractor shall furnish the above written designation to the Contracting Officer’s Representative before work begins. The contractor shall include the name(s), address(es), and telephone number(s) of the responsible individual(s).

1.13 Quality Assurance. The Government shall evaluate the contractor’s performance under this contract, IAW Part 7 of this Performance Work Statement. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). The COR or a Government Representative at the COR request will be allowed to obtain a sample of the chemical being used for testing at any time or place when the Contractor is on Government property. If the Contractor is found to be using a chemical off-label or a chemical not approved for use by the Contracting Officer (KO), the agreement may be terminated and the Contractor shall be held liable for any damages and pay for the completion of the agreement by a different source. The COR or other Government Representative will be allowed to observe, photograph, and inspect all work activities conducted in completion of this PWS. The Contractor will not be paid for any work performed that is deemed defective by the COR. Any defective service(s) noted by the COR shall be corrected at no additional cost to the Government. The Contractor shall be responsible to perform only that work specified within the scope of this PWS executed by a valid contract and shall receive no compensation for any work performed that is not specified within the PWS. No Government personnel will be allowed to assist the Contractor with actual spraying activities or supervision of the Contractor's personnel.

1.13.1 Quality Assurance Surveillance Plan. will be used during the life of the contract to ensure that the Contractor is performing the services required by this PWS in an acceptable manner. The Government develops the QASP and the Project Office administers the Plan through Quality Assurance Evaluators (QAE)s.

1.13.2 The Government reserves the right to inspect all reports/results called for by the contract, to the extent practicable.

1.14 Compliance with Laws and Regulations. The Contractor shall comply with all laws, ordinances, statutes and regulations, pertaining to the services specified herein.

1.15 Compliance with Pesticide Application Regulations. The Contractor will comply with all pesticide application laws and regulations, including but not limited to all Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) provisions, National Pollutant Discharge Elimination System (NPDES) regulations, and herbicide label guidelines. The Contractor shall be responsible for obtaining the NPDES permit notification from the North Dakota Department of Environmental Quality Division of Water Quality prior to commencing work on this contract. USACE shall be responsible for obtaining the NPDES permit from the Nebraska Department of Environment and Energy (NDEE).

1.16 Pesticide Application Documentation and Recordkeeping. A Pesticide Application Record (PAR) must be completed daily on-site for each application and submitted to the COR within 10 days of the application.

1.17 Commercial Pesticide Applicators Licenses. The Contractor will provide the COR with the pesticide applicator license number and certification categories for each employee that will apply herbicides. The Contractor shall submit pesticide applicator information to the COR prior to commencing work on this contract.

1.18 Additional Requirements. The Contractor is responsible for ensuring 1) all personnel are a minimum of eighteen (18) years of age, 2) all personnel involved with the application of chemicals possess and maintain a valid commercial applicator license with the appropriate pesticide certification classification(s) during the period(s) of performance of this agreement, 3) all personnel involved with the application of chemicals have the ability to correctly identify all target species at all growth stages, 4) all personnel involved with the operation of vehicles on public roadways possess and maintain a valid United States issued operator license during the period(s) of performance of this contract, 5) all vehicles and equipment operated on public roadways are legally registered, licensed, and insured to do so and meet all State and local laws, and 6) all personnel are trained and have working knowledge of the specific vehicles/equipment they will operate and tasks they are directed to perform.

1.19 E-verify. The Contractor must pre-screen Candidates using the E-verify Program (http://www.dhs.gov/E-Verify) website to meet the established employment eligibility requirements. The vendor must ensure that the candidate has two valid forms of Government issued identification prior 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 the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government Representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

1.20 Security Requirements. The Contractor shall comply with all pertinent provisions of the Federal, State, and local regulations as stated in the applicable Safety & Health Requirements Manual per EM 385-1-1. EM 385-1-1 (available online at http://www.usace.army.mil/CESO/Pages/EM_385_1_1._aspx and shall take or cause to be taken such additional measures as the CO may determine to be reasonable and necessary for the purpose.

1.21 Physical Security. The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use.

1.22 Environmental Protection. The Contractor shall perform all work in such a manner as to minimize the polluting of air, water, or land, and shall, within reasonable limits, control noise and the disposal of solid waste materials, as well as other pollutants.

1.22.1 Protection of Resources: The Contractor shall not pollute rivers, ponds, or other water bodies with fuels, oils, herbicides or other harmful materials. The Contractor shall investigate and comply with all applicable Federal, State, County and Municipal laws concerning pollution of rivers and streams.

1.22.2 Spillage. Special measures shall be taken to prevent herbicides and other chemicals from entering public waters. If any spillage occurs, the Contractor shall remove the material and restore the area to the original condition before being contaminated. If necessary, contaminated ground shall be excavated and disposed of as directed by the Contracting Officer, and replaced with suitable fill material, compacted and finished with topsoil and planted as required to reestablish vegetation all at the expense of the Contractor.

1.22.3 Notification of Chemical Spills, Damage, or Injury. The Contractor shall notify the COR immediately (on the day of occurrence/observance) of any chemical spillage, damage to Government property, and injury to any person resulting from the Contractor's operations. In the event of a spill, the Contractor shall comply with state reporting requirements. In the event of a chemical spill, the Contractor shall adhere to the three C’s (Control, Contain, and Clean up) to the best of their ability and within their level of safety:

a) Control the Spill Situation (stop or prevent any further chemical spillage).

b) Contain the Spill (if possible).

c) Cleanup (follow correct procedures for size of spill & chemical type).

1.22.4 Disposal. Disposal of all materials shall be at the appropriate locations as directed by the COR. Disposal of any materials, wastes, effluent, trash, garbage, oil, grease, chemicals, etc., in areas adjacent to streams shall not be permitted. If any waste material is dumped in unauthorized areas, the Contractor shall remove the material and restore the area to the original condition before being disturbed. If necessary, contaminated ground shall be excavated and disposed of as directed by the Contracting Officer, and replaced with suitable fill material, compacted and finished with topsoil and planted as required to reestablish vegetation all at the expense of the Contractor.

1.22.5 Protection of Non-Target Species. The Contractor shall not deface, injure, or destroy non-target trees and shrubs. Care shall be exercised at all times by the Contractor to minimize damage to non-target species from the required activities.

1.22.6 Protection of Fish and Wildlife. The Contractor shall at all times perform work in such a way that minimizes interference with or disturbance to fish and wildlife.

1.22.7 Protection of Crops. The Contractor shall not damage any crops adjacent to work areas.

1.23 Identification of Contractor Employees. All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

PART 2

DEFINITIONS & ACRONYMS

2.0 DEFINITIONS AND ACRONYMS:

2.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.4 DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.5 DELIVERABLE. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

2.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.12 WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.13 WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: N/A

3.2 Facilities: The government will not furnish any facilities to the contractor.

3.3 Utilities: The government will not furnish any utilities to the contractor.

3.4 Equipment: The government will not furnish any equipment to the contractor.

3.5 Materials: The government will furnish upon request 1) Code of Federal Regulations, Title 36 Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects pamphlet, 2) USACE Manual EM 385-1-1 entitled “Safety and Health Requirements Manual”, (electronic version); 3) initial hard-copy PAR form (an electronic fillable copy is available upon request), 4) local emergency telephone numbers, and 5) enlarged vicinity maps/aerial photographs of work areas

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Part 3 of this PWS.

4.2. Secret Facility Clearance: N/A

4.3. Utilities: The Contractor shall furnish their own municipal water source for tank mixing purposes. The Contractor is not authorized to utilize non-potable water from the Missouri River or water sources located within USACE lands for any purpose when conducting chemical application services.

4.4. Materials: The Contractor shall furnish all necessary materials, such as but not limited to, chemicals, insurance, permits, licenses, work plan, accident prevention plan, quality control, completed PAR forms, invoices, etc. to complete the requirements of this PWS.

4.5. Equipment: The Contractor shall furnish all necessary equipment, such as but not limited to, vehicles, spraying equipment, GPS unit, required safety equipment, etc. to complete the requirements of this PWS.

4.5.1 Spraying Equipment: Chemical application shall be accomplished by the use of helicopter with micro-foil booms or equivalent.

4.5.1.2 Equipment Storage: It is the Contractor’s responsibility to secure their personal property during working and non-working hours. The Government will not be held liable for damaged, lost, stolen, or vandalized property.

4.5.2 GPS Unit: The Contractor may need to navigate to work areas using aerial maps and/or GPS coordinates. To accurately provide GPS data the Contractor’s GPS unit shall be commercial grade and will need to be ArcGIS compatible and/or Google Earth compatible. The contractor will need to provide shapefiles and/or a kmz file for areas that were sprayed for payment verification.

PART 5

SPECIFIC TASKS

5. SPECIFIED TASKS:

5.1. Basic Services: The Contractor shall provide services to chemically control target vegetation without damaging nearby vegetation. Areas that are to be sprayed will be identified with aerial map with general locations of target vegetation.

5.2 Pre-Inspection of Work Sites. It is the prospective Contractor’s responsibility to inspect the sites where services are to be performed to satisfy themselves as to all general and local conditions that may affect the cost of performance of the agreement. Aerial photographs will be made available for review by the requesting USACE Project. The prospective bidder shall base their bid on their personal site visit/field assessments, rather than from any maps, aerial photos, or estimates that may be furnished by the Government as background/orientation information. In no event will a failure to inspect the sites constitute grounds for cancellation of the contract after issuance. Site visits can be scheduled with the COR as identified in the contract.

5.3 Type and Rates of Chemicals to be applied: Only those EPA registered chemicals approved for aquatic use in the States of North Dakota/South Dakota/Nebraska shall be applied. The location and estimated acreage of specific work areas shall be provided prior to performing work. The contractor will apply the manufacturer-specified maximum mixture rate of herbicide for aerial applications; this equates to 7 pints of glyphosate and 6 pints of imazapyr mix per acre at an application rate of 5 gallons mix per acre to control vegetation. Adjuvants (surfactant, plus a drift retardant as needed to control spray drift) will be added per label directions to the mix; all adjuvants must be certified for aquatic use. The surfactant will consist of a non-ionic surfactant (NIS) with at least 80% active ingredient, and mixed at 0.25% v/v (one quart per 100 gallons mix) or a methylated seed oil (MSO) that works well with glyphosate. A drift retardant is optional per Contractor’s preference, keeping in mind that the Contractor will be responsible for any damages due to drift to non-target vegetation.

5.4 Weather Conditions: The Contractor shall identify weather conditions before beginning any herbicide application, and continue to monitor weather conditions throughout the course of the application. The Contractor shall strictly adhere to any manufacturer's label directions and warnings relative to temperature, wind, or other weather conditions. The Contractor shall immediately stop applying herbicides if weather conditions begin to adversely impact the application. Herbicide applications shall not take place when precipitation is expected before the herbicide formulation is rain-fast. If treatment is followed by rain before the application is rain-fast as specified in the herbicide label, the area shall be retreated at the Contractor's expense. Care shall be exercised at all times by the Contractor to protect desirable (non-target) species from damage by the required chemical applications.

5.5 Notification: The Contractor shall notify the COR by telephone no later than two working days prior to treatment. This will allow the COR to be on site as needed. It will also facilitate access, coordination with partners and other contractors, and communication with the public.

5.6 Spraying Activities: The Contractor shall NOT start spraying until issuance of a purchase order. It shall be the Contractor's responsibility to start and provide a continuous spraying operation from day to day, weather permitting, until completion of the contracted work within the allotted time frame. The potential exists for work areas to be in close proximity to areas of human activity. The Contractor is to avoid contact with the public, work force, livestock, and crops with either spray or drift. Holiday applications will NOT be allowed without prior authorization from the COR. If unusually adverse weather conditions prevent the completion of the contract within the allotted time frame, the Contractor will be required to submit, in writing to the COR, a request for a time extension, which must document the cause(s) for the services not being completed on time. Lack of personnel, equipment, or other work priorities will not be acceptable reasons for allowing an agreement time extension. Approval of any agreement extension shall be at the determination of the Contracting Officer (KO).

5.7 Aquatic Sensitive Areas: Those areas designated as aquatic sensitive areas or are an aquatic area by nature shall only be treated with chemicals labeled for aquatic use. If an herbicide application is made to an aquatic area, a weather forecast for the 24-hour period immediately following the application must be submitted with the PAR. All aquatic sensitive areas will meet NPDES requirements for the state in which they are located.

5.8 Record Keeping: All areas treated shall have PAR forms completed in accordance with the specifications set forth within this PWS. The Contractor shall be required to completely fill out an accurate, Government PAR form (Technical Exhibit 4) for each area treated on the day of application. The PAR form(s) shall be submitted to the COR within 10 days of the application. The contractor must collect accurate GPS data with commercial grade equipment that is compatible with ESRI ArcGIS software or Google Earth software. The contractor will need to provide a shapefile or kmz. file for areas and total acres that were sprayed for payment verification.

5.9 Application Rates: Application rates will be adhered to as specified in this PWS.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

6.1.1 The Contractor will comply with applicable sections (as listed in part 1.6.12.1) of the U. S. Army Corps of Engineers Safety and Health Requirements Manual EM 385-1-1 (copies of this manual are available at the Project Office or online at http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf).

6.1.2 The Contractor will comply with the Code of Federal Regulations, Title 36, Chapter III, Part 327, Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects Pamphlet EP 1165-2-316 (copies of this pamphlet are available at the Project Office or online at http://www.usace.army.mil/Portals/2/docs/EP1165-2-316.pdf).

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

7.2. Attachment 2/Technical Exhibit 2 – Deliverables Schedule

7.3. Attachment 3/Technical Exhibit 3 – Estimated Workload Data

TECHNICAL EXHIBIT 1

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

Performance Objective

PRS # 1.

The Contractor shall provide chemical control services for vegetation control.

The Contractor must provide services to the performance and safety standards outlined in this PWS, specifically Part 5.

The Contractor must treat at least 95% of the target species within a specified work area, per treatment, while minimizing damage to non-target species.

Direct Observation

PRS # 2.

The Contractor shall provide Pesticide Application Records for each chemical application.

The Contractor must complete PAR forms in accordance with the PWS, specifically Part 5, provision 5.9 (and 5.8 when applicable).

Zero Deviation from Standard

100% Inspection

PRS # 3.

The Contractor shall provide accurate invoices.

The Contractor must submit invoices in accordance with the PWS, specifically Part 1, provision 1.6.16

Zero Deviation from Standard

100% Inspection

PRS # 4.

The Contractor shall provide accurate GPS data showing locations and acres sprayed

The contractor must collect and provide accurate GPS data of areas and acreages outlined in Part 5, 5.9

Zero Deviation from Standard

100% Inspection

PRS # 5

Submit PAR (Pesticide Application Record)

IAW 5.2A (4)

Zero Deviation from Standard

100% Inspection

TECHNICAL EXHIBIT 2

Deliverables Schedule

One (1) copy of each PAR form submitted to the COR/Gov. POC with the corresponding invoice.

Paper (hard copy) or electronic copy in PDF or MS Word.

COR/Gov. POC as outlined in the contract

TECHNICAL EXHIBIT 3

Estimated Workload Data