Attachment 1 - Herbicide PWS - 7N25QA059.pdf

PERFORMANCE WORK STATEMENT

FOR THE

WILLAMETTE VALLEY PROJECT TERRESTRIAL WEED TREATMENT 2023

PROJECT IN LANE COUNTY, OREGON

1.0 GENERAL STATEMENT.

The Willamette Valley Project, Portland District, Army Corps of Engineers is acquiring chemical control of noxious and invasive weeds on lands it administers in Lane and Linn Counties Oregon. This effort is part of a comprehensive Integrated Vegetation Management program intended to limit the environmental damage to public lands caused by invasive plants and to protect dams and other infrastructure from damage by harmful vegetation. Federal policy requires agencies to control invasive plants and prevent their further spread. Invasive plant control in selected sites is needed to protect Endangered Species, native plant communities, restoration projects and the built environment from the harmful effects of invasive plants.

This contract calls for spot spraying about 376.6 acres of exotic species in 16 parcels.

This includes 356.7 acres at Fern Ridge, 10.3 acres at Dexter, 2.8 acres at Dorena, and

6.8 at Cottage Grove in 2025-27. It calls for broadcast treatment of about 72.2 acres in 10 parcels at Fern Ridge and 10.2 acres in 2 parcels at Cottage Grove. It calls for cut-stump treatment of about 6.9 acres across 2 parcels at Fern Ridge.

The Period of Performance for this contract is Date of Award through February 28, 2027. Work shall begin upon award in 2025.

2.0 DEFINITIONS.

Throughout this PWS terms are defined as follows:

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

Contracting Officers Representative (COR): The Government employee who has been authorized in writing as the contracting officer’s representative, acting within the limits of their authority.

Technical Lead: The Government employees responsible for checking contractor performance.

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

3.0 THE GOVERNMENT WILL FURNISH.

The Government will furnish maps (Attachment 1) of areas to be treated, a list of target species, and treatment acreage for each location in Table 1. Treatment areas are illustrated in the attached maps (Attachment 1). GIS shapefiles of the treatment areas are available. These may be supplemented with field visits with the COR or technical representative. In addition, site orientation regarding property boundaries, target and desirable and endangered plant identification, and special features shall be provided at the discretion of the technical lead.

4.0 THE CONTRACTOR SHALL FURNISH.

The Contractor shall provide all technical expertise, labor, language interpretation, permits, licenses, equipment, supervision, transportation, operating supplies, and incidentals necessary to spot treat specific target species using hand-operated spot application equipment (i.e., back-pack sprayers, hand-gun sprayers); broadcast treat using appropriate powered equipment (i.e., tractor or ATV-mounted boom or boomless spray rigs); and perform cut-stump and basal bark treatments for the successful performance of this contract.

5.0 PERFORMANCE STANDARDS AND REQUIREMENTS (Also see Summary in Paragraph 6.0)

5.1 Subcontractors shall meet the same standards for spraying as the prime contractor. The contractor shall submit subcontractor qualifications, and the COR shall approve the subcontractor for spraying prior to subcontractor performing any work under this contract. Subcontractor qualifications may be submitted for approval with the quote.

5.2 Applicable Regulations. The contractor shall follow all applicable federal, state, and local regulations, including but not limited to those listed here. Nothing in this specification is to be construed as permitting work not conforming to these regulations.

In the case of conflict between the referenced documents, this Performance Work Statement (PWS), the stricter requirements shall apply.

a. Code of Federal Regulations (CFR)

b. DOT -- Department of Transportation regulations for transportation of hazardous used oil and oil water mixtures (49 CFR)

c. OSHA -- Occupational Safety and Health Administration regulations related to management and control of hazardous used oil and oil-water mixture, and personal protection and safety (29 CFR 1910)

d. RCRA -- Resource Conservation and Recovery Act as enforced in 40 CFR, Part

260 through 299

e. PPA -- Pollution Prevention Act of 1990, Section 6602

f. Executive Order 12856 -- Federal Compliance Order with the Emergency

Planning and Community Right to Know Law and the Pollution Prevention Requirements. U.S. Army Corps of Engineers, Portland District Pollution Prevention Policy of 1994

g. Federal Insecticide and Rodenticide Act, 40 CFR, Subpart B

h. OAR 340-113 -- Oregon Universal Waste Regulations as administered by DEQ

i. ORS 465, 466, 468 -- Oregon Hazardous Materials Regulations

j. ORS 573 -- Oregon State Pesticide Applicators Law

k. Pertinent pesticide labels

l. EM 385-1-1 -- U.S. Army Corps of Engineers Safety and Health Requirements

Manual Revised 2008

m. CWA – Clean Water Act and terms of Portland District’s NPDES PGP permit

n. The Contractor is responsible for ascertaining the extent to which these regulations affect the operations resulting from this solicitation and to comply therewith. The Contractor shall meet all the applicable regulations as well as all provisions outlined in this contract

5.3 Submittals.

5.3.1 Submittals Due with Quote Submission. The Contractor shall furnish the following information with quote submission:

a. The contractor shall provide their Certified Pesticide Applicator license number in accordance with the Oregon State Pesticide Applicator Law (ORS Chapter 573). Ecological restoration work in Oregon requires either Forest or Agriculture license categories. Contractors who do not submit proper categories at time of bid shall not be considered for award.

b. Success in executing this contract requires familiarity with noxious weeds and invasive plants of Willamette River Basin. In addition, performance standards cannot be met without the ability to distinguish target weeds from native species, including native relatives of weeds and rare and endangered plants of the Willamette Valley (including but not limited to Bradshaw’s Lomatium, Kincaid’s lupine, and Willamette Valley daisy). Hence, the contractor shall provide a narrative to include past performance of 3 similar contracts within the past 5 years; how these contracts demonstrate experience applying herbicides in natural wetland and meadow areas for ecological restoration; and/or a statement of training and experience identifying weeds and native plants of the Willamette River Basin.

Contractors not demonstrating these qualifications shall not be considered for award.

5.3.2 Pre-Work Submittals Due at the Pre-work Meeting (Post Award). The Contractor shall furnish to the COR all the following information:

a. Material Safety Data Sheets (MSDS)

b. General Health and Safety Plan

c. Hazard Communication Plan

d. Emergency Spill Response Plan

e. Quality Control Plan

f. Copy of contractor's and current employees’ Certified Pesticide Applicator licenses

g. Proof of pollution liability, general commercial liability and business automobile liability insurance per Insurance Clause (FAR Clause 52.228-5) and the insurance section under Contract Administration

5.3.3 Submittals Due During Execution of the Work: The Contractor shall furnish to the

COR the following:

a. A copy of the Post-Application Report within 10 working days after application. Post-Application Report shall be submitted to the COR for every herbicide application.

b. Site-specific recommendations on methods or procedures that will improve management and control of weeds. The recommendations shall be communicated to the COR through the most direct and informal means possible

5.4 Service Requirements. Herbicides shall be applied to target vegetation within the treatment area as described and mapped for each unit. Herbicide application 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.

Applications may be delayed to subsequent seasons if conditions developed that would limit the effectiveness of herbicides. Such conditions may include drought or freezing, which may cause plant dormancy.

5.5 Notification and Access. Contractor shall notify the COR or technical representative at least 2 business days in advance of beginning treatment at any unit. Contractor may be issued keys, or access through locked gates may be provided by a government employee.

Prior to work in every Endangered Species site, Corps staff will provide an orientation to critical features including specific areas to avoid.

Vehicle access to the edge of each unit is possible in most cases. Vehicles, including ATVs, are prohibited from the Fern Ridge Research Natural Area (except for dry season access to fire lines around the margins, which may be impassible in wet weather).

The contractor, prior to beginning herbicide treatment, shall post each separate treatment site. Each entrance to a site will be posted using water-proof media with the formulation applied, the date, the herbicide label re-entry period and contact data for the COR or a staff member who is competent to address public concerns.

5.6 Reporting. Within ten (10) working days of completion of each unit, the contractor shall submit a complete Post-Application Report containing the following information:

a. The Contract Number and Contract Line Item (CLIN) which required the pesticide application

b. The location of the land or property where application was made

c. The date and start and end time of application

d. The temperature, wind speed, and weather conditions at the time of application

e. The supplier of pesticide product(s) applied

f. The trade name, EPA number, and the strength of such pesticides applied

g. The total amount and concentration (total amount of concentrate, percent of mix, amount of mix applied, amount of concentrate and mix per acre)

h. The trade name, total amount, and concentration of adjuvants used

i. The specific property, crop or crops to which the pesticide was applied

j. The summary information of equipment, device or apparatus used

k. The full name and license number of the contractor, applicator(s), apprentice(s), and/or trainee(s) who applied the pesticides

5.7 Application.

5.7.1 Task 1 - Spot application. Herbicide formulation, target species, and location for spot treatments are specified in Table 1.

Table 1. Spot Application CLIN 0001

Project Site Formulation Acres Approx. date Target

CLIN

0001AA

Cottage Grove

Lakeside Park

Glyphosate (aquatic)

1.3 15-Nov-25 Exotic blackberry

CLIN

0001AB

Cottage Grove

Pine Meadows Campground

Glyphosate (aquatic)

2.1 15-Nov-25 Exotic blackberry

CLIN

0001AC

Dexter Dexter Wetland

Triclopyr choline 10.3 15-Sep-25 Exotic blackberry

CLIN

0001AD

Fern Ridge

Middle Green Oaks

Triclopyr choline 8.3 15-Sep-25 Exotic blackberry

CLIN

0001AE

Fern Ridge

North & South Eaton

Triclopyr choline 14.0 15-Sep-25 Exotic blackberry & rose

CLIN

0001AF

Fern Ridge

East Kirk Triclopyr choline 0.5 15-Sep-25 Exotic blackberry & rose

CLIN

0001AG

Fern Ridge

South Green Oaks

Triclopyr choline 12.9 15-Sep-25 Exotic blackberry & rose

CLIN

0001AH

Fern Ridge

Royal RNA Triclopyr choline 134.

15-Sep-25 Exotic blackberry & rose

CLIN

0001AJ

Fern Ridge

Gibson island Triclopyr choline 35.2 15-Sep-25 Exotic blackberry & rose

CLIN

0001AK

Fern Ridge

West Spires Triclopyr choline 2.4 15-Sep-25 Exotic blackberry & rose

CLIN

0001AL

Fern Ridge

East Spires Triclopyr choline 3.0 15-Sep-25 Exotic blackberry & rose

CLIN

0001A M

Fern Ridge

East Shore Triclopyr ester 0.5

15-Sep-25 All woody vegetation

CLIN

0001AN

Fern Ridge

West Shore Triclopyr ester 3.4 15-Sep-25 All woody vegetation

CLIN

0001AP

Dorena Spillway Rd Diquat 1.4 15-Dec-25 Shining geranium

CLIN

0001AQ

Cottage Grove

Lakeside Park

Glyphosate (aquatic)

1.3 15-Mar-26 Exotic blackberry

CLIN

0001AR

Cottage Grove

Pine Meadows Campground

Glyphosate (aquatic)

2.1 15-Mar-26 Exotic blackberry

CLIN

0001AS

Fern Ridge

West Shore Aminopyralid 1.4 15-Mar-26 Shining geranium

The contractor shall use hand-held, directed application equipment to spot spray the specified exotic plants on 14 sites totaling 232.8 acres with the specified herbicide formulation at label-specified rates and timing adequate to control the target species.

Adjuvants shall be consistent with herbicide labels.

Endangered species sites West Shore, North & South Eaton, North, Middle and South Green Oaks, Cherry Orchard, Royal RNA) shall be treated on foot. No vehicles shall leave the fire line (unit margins) in the North and Royal Amazon and Fisher Butte RNA units.

Dorena Spillway Road: handgun work will be required to apply diquat to shining geranium infestations within 10 feet of the road’s edge or to drainage ditch water’s edge, whichever is less. This is a follow-up to a 2024 treatment.

5.7.2 Task 2 - Broadcast application. The Contractor shall use broadcast methods combined with hand-gun work for small areas and near obstacles. Spray equipment will be towed or mounted on ATV or equivalent.

Table 2. Broadcast Application CLIN 0002

CLIN

0002AA

Cottage Grove

Lakeside Park

Triclopyr choline

1.3 15-Nov-25 Reed canary grass

CLIN

0002AB

Cottage Grove

Pine Meadows Campground

Triclopyr choline 2.1 15-Nov-25 Reed canary grass

CLIN

0002AC

Fern Ridge

Green Oaks Triclopyr choline 1.7 15-Nov-25 Reed canary grass

CLIN

0002AD

Fern Ridge

East Kirk Fluazifop 4.0 01-Dec-25 Tall oatgrass, orchard grass

CLIN

0002AE

Fern Ridge

East Spires Fluazifop 3.0 01-Dec-25 Tall oatgrass

CLIN

0002AF

Fern Ridge

West Spires Fluazifop 2.2 01-Dec-25 Tall oatgrass

CLIN

0002AG

Fern Ridge

North Eaton Fluazifop 1.7 01-Dec-25 Tall oatgrass

CLIN

0002AH

Fern Ridge

West Shore Lane

Fluazifop 3.4 01-Dec-25 Tall oatgrass

CLIN

0002AJ

Fern Ridge

East Shore Fluazifop 1.4 01-Dec-25 Tall oatgrass

CLIN

0002AK

Fern Ridge

South Green Oaks

Fluazifop 1.5 01-Dec-25 Tall oatgrass

CLIN

0002AL

Fern Ridge

Big Spires Fluazifop 7.6 01-Dec-25 Tall oatgrass

CLIN

0002AM

Fern Ridge

Cherry Orchard

Fluazifop 2.9 01-Dec-25 Tall oatgrass

CLIN

0002AN

Fern Ridge

East Shore Fluazifop 1.4 01-Mar-26 Tall oatgrass

CLIN

0002AP

Fern Ridge

South Green Oaks

Fluazifop 1.5 01-Mar-26 Tall oatgrass

CLIN

0002AQ

Fern Ridge

Big Spires Fluazifop 7.6 01-Mar-26 Tall oatgrass

CLIN

0002AR

Fern Ridge

Cherry Orchard

Fluazifop 2.9 01-Mar-26 Tall oatgrass

CLIN

0002AS

Cottage Grove

Lakeside Park

Triclopyr choline 1.3 15-Mar-26 Reed canary grass

CLIN

0002AT

Cottage Grove

Pine Meadows Campground

Triclopyr choline 2.1 15-Mar-26 Reed canary grass

The contractor shall use broadcast methods supplemented with directed handgun work for small patches and near obstacles on 12 sites totaling about 49.6 acres.

5.7.2.1 Grass-specific herbicide application targeting exotic grasses in prescribed (Rx) fire sites. Broadcast twenty (20) oz of fluazifop-p-butyl (e.g. Fusilade DX, or equivalent) per acre (0.312 lb active ingredient per acre). Salient characteristics of equivalent include 24.5% active ingredient and labeled for prairie restoration. This is the ‘special rate’ for hard-to-kill grasses. Please refer to the local, special needs label for grassland restoration, as well as the product’s label.

Fluazifop shall be applied with label rates of Nu Film IR, the only adjuvant approved for use in this site under the current Endangered Species Act Biological Opinion.

Treatments shall occur when the exotic grasses are actively growing. The first treatment shall be in late fall or early winter (approximately between November 15 and January 31, 2026). The second treatment shall be March-April of 2026.

5.7.3 Six Month Option Period: Spot, Broadcast, and Cut-stump Applications

Table 3. Six Month Option Period – 1001 – Spot Application

Project Site Formulation Acres Approx.

date Target

CLIN

1001AA

Fern Ridge

Royal RNA Triclopyr choline

134.1 15-Sep-26 Exotic blackberry & rose

CLIN

1001AB

Fern Ridge

Eaton Woodland

Triclopyr choline

1.8 15-Sep-26 Exotic blackberry

CLIN

1001AC

Fern Ridge

Green Oaks Woodland

Triclopyr choline

5.1 15-Sep-26 Exotic blackberry

CLIN

1001AD

Dorena Spillway Rd Diquat 1.4 15-Dec-26 Shining geranium

The contractor shall use hand-held, directed application equipment to spot spray the specified exotic plants on 5 sites totaling 143.8 acres with the specified herbicide formulation at label-specified rates and timing adequate to control the target species. Adjuvants shall be consistent with herbicide labels.

Endangered species sites (West Shore, Eaton Woodland, North, Green Oaks Woodland, Royal RNA) shall be treated on foot. No vehicles shall leave the fire line (unit margins) in the Royal RNA unit.

Dorena Spillway Road: handgun work will be required to apply diquat to shining geranium infestations within 10 feet of the road’s edge or to drainage ditch water’s edge, whichever is less.

Table 4. Six Month Option Period – 1002 – Broadcast Application

CLIN

1002AA

Cottage Grove

Lakeside Park

Triclopyr choline

1.3 15-Nov-26 Reed canary grass

CLIN

1002AB

Cottage Grove

Pine Meadows Campground

Triclopyr choline 2.1 15-Nov-26 Reed canary grass

CLIN

1002AC

Fern Ridge

Green Oaks Triclopyr choline 1.7 15-Nov-26 Reed canary grass

CLIN

1002AD

Fern Ridge

East Kirk Fluazifop 4.0 01-Dec-26 Tall oatgrass, orchard grass

CLIN

1002AE

Fern Ridge

East Spires Fluazifop 3.0 01-Dec-26 Tall oatgrass

CLIN

1002AF

Fern Ridge

West Spires Fluazifop 2.2 01-Dec-26 Tall oatgrass

CLIN

1002AG

Fern Ridge

North Eaton Fluazifop 1.7 01-Dec-26 Tall oatgrass

CLIN

1002AH

Fern Ridge

West Shore Lane

Fluazifop 3.4 01-Dec-26 Tall oatgrass

CLIN

1002AJ

Fern Ridge

East Shore Fluazifop 1.4 01-Dec-26 Tall oatgrass

CLIN

1002AK

Fern Ridge

South Green Oaks

Fluazifop 1.5 01-Dec-26 Tall oatgrass

CLIN

1002AL

Fern Ridge

Big Spires Fluazifop 7.6 01-Dec-26 Tall oatgrass

CLIN

1002AM

Fern Ridge

Cherry Orchard

Fluazifop 2.9 01-Dec-26 Tall oatgrass

The contractor shall use broadcast methods supplemented with directed handgun work for small patches and near obstacles on 12 sites totaling about 32.8 acres. Spray equipment will be towed or mounted on ATV or equivalent. Grass specific treatments shall refer to section

5.7.2.1 for instructions.

Table 5. Six Month Option Period – 1003– Cut-stump Application Project Site Formulation Acres Approx.

date Target

CLIN

1003AA

Fern Ridge

Eaton Woodland

Triclopyr choline

1.8 15-Sep-26 Exotic hazel & cherry

CLIN

1003AB

Fern Ridge

GreenOaks Woodland

Triclopyr choline

5.1 15-Sep-26 Exotic hazel, & cherry

The contractor shall use cut-stump treatments on 2 sites totaling 6.9 acres. Tall stumps will need to be cut flush with the ground prior to application. The remaining stump shall be treated with the specified herbicide formulation at label-specified rates and timing adequate to control the target species. Adjuvants shall be consistent with herbicide labels.

5.8 Inspection. Acceptance of work shall be based on inspection of at least 20% of area treated, and 100% of documentation. The Government will complete inspection within 21 calendar days of notification that an application is completed. Inadequate documentation shall be remedied prior to payment. Evidence that 5% or more of target plants within a target area were not treated shall be grounds for rework.

The contractor shall be responsible for excessive damages to non-target plants as well as damage caused by the contractor to non-target areas. For spot applications targeted at specific species, no more than 5% of affected plants shall be non-target species.

Where rare and endangered species are present, none shall be affected. Evidence that these standards have been exceeded shall be grounds for non-payment and damages.

The contractor shall be held accountable for all damages to rare and endangered species and Government property.

6.0 PERFORMANCE REQUIREMENTS SUMMARY

6.1 The Performance Requirements Summary (PRS) is intended to ensure that the

Government receives the services for which it contracted. The Government will only pay for services received. The 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.

6.2 Performance Requirements Summary Table. If the Contractor fails to perform at any time and the work is deemed critical by the COR, Government forces may be assigned to perform the work. If this occurs, the Contractor shall be required to reimburse the Government for the full costs of the work performed including labor, materials, transportation, and supervision.

Performance Requirements Summary: These 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 (QASP).

Missed target plants, overspray beyond spot spray targets, overspray beyond unit boundaries, damage to neighboring property, damage indicated incorrect formulations, damage to rare and endangered plant species, failure to post sites with required information, and incomplete documentation shall be grounds for non-payment.

PERFORMANCE REQUIREMENTS SUMMARY TABLE

Performance Objective Surveillance Validated Complaints For spot, broadcast, and cut-stump treatment, the specified herbicide formulation will be applied directly to all individuals or areas of the target species in the treatment unit specified.

20% random Inspection

5% or more target plants not visibly affected per each treatment unit;

100% of cut-stump targets cut and stumps treated and dye visible

For spot treatment, non-target damage will be limited to an 8” radius around each target individual. No non-target species will be purposely sprayed.

20% random Inspection

5% error in applicator species ID, 5% overspray beyond 8”

For cut-stump treatment, non-target damage will be limited to a 3” radius around each target individual. No non-target species will be purposely sprayed

20% random Inspection

5% overspray beyond 3”

For broadcast treatment, non-target damage will be limited to 1 meter from unit boundaries except no damage will occur on non-Corps of Engineers property.

20% random Inspection

No drift beyond one meter, no damage to neighboring property

When specific herbicides are prescribed, unsusceptible non-target plants will be undamaged.

20% random Inspection

No evidence of non- specific damage

Rare and endangered species 100% inspection No evidence of damage Public posting (signage) 100% inspection Access routes to all units posted with complete information Documentation and reporting 100% inspection No missing and erroneous documentation

6.3 Surveillance. Periodic (Daily & Weekly) inspections by the COR, in addition to complaints from project personnel and/or visitors’ areas under this contract, will serve as the surveillance method. If the COR discovers deficiencies and/or receives complaints, the COR will pass them on to the contractor's Quality Control Inspector (QCI) for correction.

6.4 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 contractor shall develop and submit his Quality Control Plan (QCP) for government approval after award in compliance with the performance work statement prior to work commencing. Once accepted, the QCP shall be used by the contractor to ensure that they deliver quality service. The Quality Assurance Surveillance Plan (QASP) is a document that communicates to the contractor the surveillance methods that will be used to measure its performance against the standards in the contract and provides means by which the Government monitors and documents performance. Quality Assurance (QA) is the Government process that ensures the contractor delivers quality service. The surveillance methods identified in the QASP together with the contractor’s QCP will help determine whether the contractor delivers the performance agreed to in 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.

6.5 Unacceptable Performance. When performance is determined unacceptable, as defined in the Performance Requirements Summary, the Technical Lead will inform the COR that performance is unacceptable. The COR will inform the contractor’s on-site representative and provide written documentation by use of the form DD 2772, Contract Discrepancy Report, reference appendix A. By initialing and dating the form, the contractor is only acknowledging notification of unacceptable performance.

Disputes in surveillance should be referred to the C.

The Technical Lead will notify the COR and the Contracting Officer of less than acceptable performance. 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 increase in contract amount.

Daily cleaning/sanitation are not considered re-performable work and shall result in a deduction for nonperformance of work. 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 contract requirements.

b. Reduce the contract 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 contract requirements, the Government may:

(1) 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 or

(2) Issue Cure Notice

(3) Terminate the contract for Government Convenience

(4) Terminate the contract for Cause

6.6 Correction of Non-Performance of Work by Re-Performance. The COR will notify the Contracting Officer of less than acceptable performance. 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 increase in contract amount. The Contractor shall employ an adequate quantity of personnel to ensure that any area found to be not 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, within five business days after noncompliance has been observed by or reported to and verified by the COR.

6.7 Correction of Non-Performance of Work. The Contractor shall employ an adequate quantity of personnel to ensure that any area found to be not 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 non-compliance has been observed by or reported to and verified by the COR.

Recurring defects are not permitted for any of the above service items. For example, if the COR discovers litter left in the vicinity of recreation area covered under the contract, the contractor is required to correct the defect through re-performance. No defect is recorded against the contractor's performance. However, if this same situation occurs again during the contract period, a defect will be recorded and reported to the Contracting Officer for appropriate action in accordance with FAR 52.212.4, Contract Terms and Conditions-Commercial Items.

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

6.9 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 General. The Contractor shall follow all safety regulations as set by the Occupational

Safety and Health Administration (OSHA), Corps of Engineers Safety Manual EM 385-1- 1, and project safe clearance procedures. A copy of the EM 385-1-1 can be downloaded at the following link:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_3 85-1-1.pdf

a. A Job Safety Analysis, also known as Activity Hazard Analysis (AHA), shall be prepared in accordance with EM-385-1-1 and submitted as part of the Accident Prevention Plan for approval by the designated COR prior to initiation of the work tasks. The Job Safety Analysis shall be updated and resubmitted to the designated COR as warranted.

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 (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) 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 (https://www.uscis.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 enrollment to ensure the correct information is entered into the E-verify system. An http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf https://www.uscis.gov/e-verify initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

8.0 ENVIRONMENTAL PROTECTION

8.1 Environmental Protection Plan. Contractor shall submit Environmental Protection Plan for approval by the designated COR prior to initiation of the work tasks. The Environmental Protection Plan identifies plans, procedures and personnel to minimize, manage, control and avoid damage to the environment, including a site-specific spill prevention and response plan.

8.2 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.

8.3 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.

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

8.5 Herbicide Application. All application of herbicides shall comply with state and Federal laws regulating the use and dispersal of selected chemicals, including their use on and adjacent to open waters and wetland areas. The Contractor shall ensure:

a. Only personnel certified, licensed, and authorized in the use, handling, and application of approved chemicals may administer herbicide to treatment areas

b. Chemicals shall be securely stored off-site and BMPs shall be followed in the transport and use of chemicals to prevent accidental spillage

c. Application shall target only treatment areas, and occur in a manner to prevent leaching or runoff into waterways or critical habitat for ESA listed species

d. The herbicide application mixture may include surfactant to increase effectiveness.

e. The herbicide mixture shall include dye to enable visual inspection of application coverage

8.6 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 extremely wet. Equipment for spraying 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/TECHNICAL LEAD at least 2 work days, excluding weekends, prior to start of work under each task and within 7 days of completion of work of each task.

9.3 Project Schedule. In the proposal, the contractor shall submit a proposed schedule meeting the deliverable schedule identified in this PWS that includes at a minimum for each task:

a. Submission of Work Plan for approval by the COR

b. Preparatory meeting and initial demonstration of performance

c. Anticipated start and end dates for work under each task

d. COR/Technical Lead inspection of completed work

9.4 Media/Publicity. The contractor shall immediately refer all media and public inquiries or access requests to the worksite to the COR and USACE Public Affairs Office if warranted, without further comment. The Government may request or require the contractor to provide access to the worksite to those groups approved by the Government.

Any VIP/media access to the work site will require a Government and contractor representative for escort.

9.5 Contract Changes. Changes in scope, time, or deliverables can only be authorized by the

KO. The contractor shall notify the KO 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 work on the following federal holidays:

• New Year’s Day • Labor Day

• Martin Luther King Birthday • Columbus Day

• President’s Day • Veteran’s Day

• Memorial Day • Thanksgiving Day

• Independence Day • 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. In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

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 at http://www.hiringourheroes.org/ Guide to Hiring Veterans – Reference Material

10.0 GOVERNMENT POINTS OF CONTACT

ASSIGNMENT PERSONNEL PHONE EMAIL

Procurement Contracting Officer Darrell Hutchens 971-270-

Darrell.D.Hutchens@usace.arm y.mil

Contracting Officer’s Rep.

(COR) Andre Jovanovic 541-954-

Andre.L.Jovanovic@usace.arm y.mil

Contract Specialist (CS) Raymie Briddell (503) 808-

Raymie.L.Briddell@usace.arm y.mil

Technical Lead Claire Bennett 541-688-

EXT 1013

Claire.E.Bennett@usace.army.

mil

11.0 ATTACHMENTS

ATTACHMENT 1 MAPS

http://www.dol.gov/whd/regs/compliance/posters/sca.htm http://www.fedshirevets.gov/index.aspx http://www.dol.gov/vets/ http://benefits.va.gov/vow http://wtc.army.mil/modules/employers/index.html http://www.hiringourheroes.org/ mailto:Darrell.D.Hutchens@usace.army.mil mailto:Darrell.D.Hutchens@usace.army.mil mailto:Andre.L.Jovanovic@usace.army.mil mailto:Andre.L.Jovanovic@usace.army.mil mailto:Raymie.L.Briddell@usace.army.mil mailto:Raymie.L.Briddell@usace.army.mil mailto:Claire.E.Bennett@usace.army.mil mailto:Claire.E.Bennett@usace.army.mil