B.01.01 Combined Synopsis Solicitation.W912DQ21Q1012 Combo RELEASED Herbicide Application Milford Lake.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation, quotes are being requested and a written solicitation will not be issued.

The issuing office is USACE, Kansas City District, Federal Building CT-C, 601 E 12th St, RM 647, Kansas City, MO 64106-2896 (W912DQ)

The solicitation number for this acquisition is W912DQ21Q1012 and it is being issued as a Request for Quote (RFQ). The government intends to award a Firm-Fixed Price contract resulting from this solicitation.

This combined synopsis/solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-02 effective 11/23/2020.

This RFQ is NOT set-aside for small business. The RFQ shall be FULL AND OPEN. The associated North American Industry Classification system (NAICS) code is 561730 and the business size standard is $8,000,000.

FAR 52 .212.1 Instructions to Offerors- Commercial does apply to this acquisition with no addenda to the provision.

The description of the service:

This contract is for herbicide application services to areas at various locations around Milford Lake Project, Junction City, Kansas 66441.

The contractor will provide all labor, equipment, supplies, and supervision necessary to achieve the stated outcomes. All work will be performed in accordance with the performance work statement (PWS).

Herbicide Application base and option Performance periods:

1. FY 2021 Base period 1 April 2021 – 30 September 2021

2. FY 2022 Option Year 1 1 April 2022 – 30 September 2022

3. FY 2023 Option Year 2 1 April 2023 – 30 September 2023

In accordance with FAR 13.106-1 the basis for award will be the offer that is determined to be the most advantageous, providing the best value after considering (1) price (2) Past Performance and (3) technical.

(1) Price

(2) Past Performance

(3) Technical –

I. Related Experience II. Equipment Listing III. Chemical Application Certificate

The base period work is to be completed 30 September 2021. Delivery is FOB. Delivery location: Milford Lake Project, Junction City, Kansas 66441.

Offerors must include a completed copy of FAR 52.212-3, Offeror Representation and Certifications- Commercial Items with their offer. If the offeror has up-to-date representations and certifications in the System for Award Management (SAM) website, then this completed provision is not required to be submitted with the offeror’s proposal.

FAR 52.212-4, Contract Terms and Conditions- Commercial Items, does apply to this acquisition with no addenda to the provision.

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items, applies to this acquisition. These specific clauses required are detailed in Sections C and I of this combined synopsis\solicitation.

Offerors interested in responding to this combined synopsis/solicitation must submit their quotation on the attached synopsis\solicitation. Any questions regarding this combined synopsis\solicitation must be submitted by email to the point of contact below.

Contractor must have an “Active” registration in System for Award Management (SAM) to be considered for award. To obtain information on SAM or to register with SAM visit the web site at: https://www.beta.sam.gov.

Quotations are due no later than 10:00 a.m. 10 March 2021. The final date to submit questions is 2 March 2021.

Questions of a technical nature should be addressed in writing to Kenneth Wenger Ken.r.wenger@usace.army.mil

Questions of a contractual nature should be addressed in writing to Sheila Nimrod Sheila.d.nimrod@usace.army.mil

Due to COVID-19 risk mitigation actions-NO MAIL-IN QUOTATIONS will be accepted.

All quotes/offers shall be submitted via e-mail to: Sheila.d.nimrod@usace.army.mil

The Government reserves the right to cancel this combined synopsis\solicitation. Any solicitation or contractual questions should be sent to Sheila Nimrod, Contract Specialist

(816) 389-2252 or Sheila.d.nimrod@usace.army.mil

System for Award Management (SAM)

In accordance with FAR 52.212-1(k): By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise https://www.beta.sam.gov/ mailto:Ken.r.wenger@usace.army.mil mailto:Sheila.d.nimrod@usace.army.mil mailto:Sheila.d.nimrod@usace.army.mil mailto:Sheila.d.nimrod@usace.army.mil successful registered Offeror. Offerors may obtain information on creating a user account, registering your business entity and annual confirmation requirements via the SAM application accessed through https://www.sam.gov/SAM/pages/public/index.jsf . SAM frequently asked questions (FAQ) can be accessed via https://www.sam.gov/SAM/pages/public/loginFAQ.jsf It is highly encouraged that all prospective Offeror’s start the SAM registration process as soon as possible.

OFFEROR MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT

(SAM) WITHIN 7 DAYS OF THE CLOSE OF THE SOLICITATION OR THE

CONTRACTING OFFICER MAY PROCEED WITH AWARD TO THE NEXT SUCCESSFUL

OFFEROR.

If you have questions about Federal Government procurements in general or need assistance in the preparation of your proposal, a local Procurement Technical Assistance Center (PTAC) may be able to help.

The PTAC was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Federal Government marketplace. To locate a PTAC near you, go to https://www.aptac-us.org/contracting-assistance/ . THIS IS A FREE SERVICE BY A NON

PROFIT PAID FOR BY THE US GOVERNMENT:

https://www.sam.gov/SAM/pages/public/index.jsf https://www.sam.gov/SAM/pages/public/loginFAQ.jsf https://www.aptac-us.org/contracting-assistance/

W912DQ21Q1012

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Herbicide Application - Milford Lake

FFP

The contractor will provide all labor, equipment, supplies, and supervision necessary to achieve the stated outcomes. All work shall be performed in accordance with the performance work statement (PWS) FOB: Destination

PSC CD: S208

NET AMT

1001 1 Job OPTION Herbicide Application

FFP

The contractor will provide all labor, equipment, supplies, and supervision necessary to achieve the stated outcomes. All work shall be performed in accordance with the performance work statement (PWS)

2001 1 Job OPTION Herbicide Application

FFP

The contractor will provide all labor, equipment, supplies, and supervision necessary to achieve the stated outcomes. All work shall be performed in accordance with the performance work statement (PWS)

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

Milford Lake

Herbicide Application Services Performance Work Statement

C.1 General Information

C.1.1 Background

Milford Project is the largest lake in Kansas, with a shoreline of 163 miles at multipurpose pool.

Recreational development is extensive. Eleven parks and access areas, managed by or leased from the U.S. Army Corps of Engineers, are conveniently located around the reservoir. Park areas at Milford offer a wide variety of recreation facilities including boat launching ramps, campgrounds, full service marinas, picnic areas, sand and swimming beaches. The Kansas Department of Wildlife, Parks & Tourism operate a fish hatchery and conservation education center in the Outlet area below the dam. Many routine maintenance items are contracted to the private sector. Mowing, refuse collection, and facility cleanup are just a few of the activities that are performed by private contractors for the Corps.

A map of Milford Lake can be found on the Internet at:

https://www.nwk.usace.army.mil/Locations/District-Lakes/Milford-Lake/

C.1.2 Scope Of Work: Provide herbicide application services to areas at various locations around Milford Lake Project. The outcome of the service is provide the desired vegetation-free appearance during the growing season (1 April through 30 September).

C.1.3 Post award Conference: Prior to commencement of work, the Contracting Officer’s Representative (COR) will schedule a meeting with the contractor to review the contract requirements and details of the work. The meeting location will be at the Milford Lake Project office.

C.1.4 Documents and Correspondence: All post-award documents and related correspondence is to be sent to the COR.

C.1.5 Required Insurance: The types of insurance and at least the minimum amounts listed below are to be maintained during the performance period of this contract. Proper proof of insurance (insurance policy, or a binder issued by the insure) shall be provided to the COR either at the post-award conference, or prior to starting work on the first day of the service period.

REQUIRED INSURANCE SCHEDULE

TYPE AMOUNT

https://www.nwk.usace.army.mil/Locations/District-Lakes/Milford-Lake/

Worker's Compensation Coverage complying with applicable State Statute Employer's Liability Minimum amount of $100,000.00

General Liability Minimum limits of $500,000.00 per Comprehensive form of policy occurrence of bodily injury which includes, but is not limited to, insurance for all work required herein.

Comprehensive Automobile Liability Minimum limits for $200,000.00 per Person and $500,000.00 per occurrence for bodily injury, and $20,000.00 per occurrence for property damage.

NOTE: Coverage required above are minimums. If higher limits of coverage are required by State Statute, the Contractor shall be responsible for obtaining such additional coverage. Information regarding State requirements may be obtained by contacting:

KANSAS: Insurance Commissioner, Toll Free, 1-800-432-2984 Division of Workers Compensation, 758-296-3071

C.1.6 Quality Control:

C.1.6.1 The Contractor shall develop a Quality Control Plan designed to demonstrate how the Contractor shall meet the needs of the project. The Quality Control Plan will document how well the Contractor is meeting these needs and will be submitted for approval prior to work on this contract.

C.1.6.2 The Contractor shall provide and maintain an inspection system acceptable to the government, covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the government during the contract.

C.1.6.3 The contractor shall furnish to the Operations Manager, a telephone number attended during normal business hours (8:00 a.m. - 4:30 p.m.) to which calls concerning the ordering of services, performance, or other contractual matters can be placed. For the purpose of time and date, a message will be deemed delivered to the Contractor, at such time as it is delivered to the number provided by the Contractor.

C.1.7 Inspection:

C.1.7.1 Prior to beginning each item involving chemical application, the Contractor (or his authorized representative) shall notify the COR of the times he/she will begin mixing and applying chemicals (in order to permit inspection by Government personnel of the mixing and application methods).

C.1.7.2 In the event of unsatisfactory performance of specified work, the Contractor may be requested to re-perform the unsatisfactory services at no additional cost to the Government.

Failure or inability of the Contractor to perform the work as specified in this Performance Work Statement, or to re-perform work as requested, may result in withholding of payment for the portion(s) of the work not accomplished. When the defects in services cannot be corrected by re-performance, the government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the value of the services performed. Payment will not be made for work not performed or not performed to standard.

C.1.7.3 If the Contractor is unable to perform to the standard, the Government reserves the right to cause the specified work to be performed by a third party or Government personnel and the cost incurred will be levied against the Contractor. Any time Government personnel are used because of Contractor's nonperformance, the cost levied against the Contractor will include all direct costs associated with the performance of the specified work. The direct cost to the Government for substitution of the Government personnel is computed on an hourly basis at the applicable wage rate. Government personnel will be used only when time is of the essence and the interests of the Government would not be served by securing a third party to perform the specified work.

C.1.8 Required Submissions: The Contractor shall submit the following documents to the COR at the Project Office. The Contractor will NOT be allowed to proceed on this contract until all the required submissions have been furnished.

a. Chemical List and Labels: A complete list of chemicals and a label for each chemical being utilized under this contract, is to be provided not later than the post-award conference. The chemical list must be approved prior to start of work. Any changes to this chemical list must be approved by the COR, prior to use.

c. OSHA Compliance: Evidence of compliance with OSHA Hazard Communication Standard 29 CFR 1910.1200, to be delivered not later than the post award conference, as follows:

(1) A hazardous material inventory of all materials used on the contract.

(2) Safety Data Sheets (SDS’s) for all materials listed in the inventory.

(3) A procedure to ensure that all containers are properly labeled.

(4) A written hazard communication program which includes employee training and methods of communicating hazards and protective measures to employee and others.

C.1.9 Ordering Of Services:

C.1.9.1 The Contractor will guarantee at least a 95% vegetation free control of all serviced areas during the growing season (April through September). Should the level of control fall below

95%, the contractor will be responsible for the retreatment of the subject area(s) to achieve the desired result at no additional cost to the government. It is the obligation of the contractor to make sufficient site visits to verify results throughout the growing season.

C.1.9.2 The Contractor (or his authorized representative) shall complete Government-furnished pesticide application worksheets indicating amount and type of work accomplished, chemicals used, and other pertinent information. Completed and signed worksheets shall be delivered as directed by the COR.

C.1.10 All Contractor personnel shall be fully clothed at all times while performing these services. “Fully clothed” shall be deemed to mean that a shirt (or T-shirt), trousers and shoes shall be worn at all times, except that this requirement shall not be construed to replace or eliminate the necessity for the wearing of appropriate protective clothing or devices as may be required for the application of various chemicals. Clothing shall be clean and neat in appearance.

C.1.11 The government will provide water, at specified locations, for tank filling. The Contractor will provide hoses and backflow-preventers. Clean-out of chemical tanks and disposal of chemical containers will not be done on government property. The Contractor will have spill kits available on all vehicles used on government property adequate to the type and quantity of chemical on the vehicle. Contractor employees will be trained in the use of these kits and are expected to aggressively implement their use in the event of a spill.

C.1.12 Lost Articles, Vandalism, Facilities, and Malfunction: To assist the visiting public in reclaiming lost articles, all property left by visitors and found during contract operations shall be turned in to Milford Project Office.

C.1.13 Safety Requirements

C.1.13.1 Prior to beginning work on this contract the Contractor shall have an approved Accident Prevention Plan. This plan shall be in accordance with the most recent EM 385-1-1.

The plan is intended to be a viable document and enhance the safety of Project staff and visitors.

The Contractor will be expected to take a vital interest in safety, hazard, and educate their employees to work and plan their work safely. Proper driving techniques and defensive driving will be practiced preventing vehicle accidents and property damage.

C.1.13.2 The Contractor shall comply with all pertinent provisions of the Federal, State, and local regulations and shall take or cause to be taken such additional measures as the Contracting Officer may determine to be reasonable and necessary for the safety and preservation of life and property; and for avoidance of work interruptions.

C.1.13.3 Contractor vehicles shall be equipped with 4-way flashers and turn signals in operating condition. Flashers shall be activated when vehicles are parked on or traveling slowly along roadways.

C.1.13.4 Any injury, property damage, equipment malfunction or safety hazard observed by the Contractor shall be immediately reported to the Project personnel.

C.1.13.5 Appropriate measures shall be taken to exclude the general public from areas actively being treated to prevent accidental exposure to chemicals being applies.

C.1.14 Period of Performance:

C.1.14.1 This Contract shall be effective on 1 April 2021 (or date of award, if later) and shall remain in full force and effect through 30 September 2021 with an option for 1 April 2022 to 30 September 2022 and an option for 1 April 2023 to 30 September 2023.

C.1.15 Time of Performance:

C.1.15.1 Application of pre-emergent may begin as early in the year as weather conditions allow.

In the park areas, work shall be performed on Monday through Friday, between the hours of 7:30 a.m. and 5:00 p.m. On the dam and the structures associated with dam, work shall be performed on Monday through Friday, between sunrise and sunset. Work will not be permitted on Saturdays, Sundays or holidays. Services rendered outside the time periods specified will not be compensated unless specifically approved in writing by the Contracting Officer or his authorized representative.

C.1.16 Equipment breakdown shall not relieve the Contractor of the responsibility of performing the work as specified. It shall be the responsibility of the Contractor to assure that he has, or can obtain on short notice, sufficient backup equipment to continue the services as specified without interruption in the event of mechanical failure of his primary equipment.

C.1.17 The Contractor shall exercise tact, diplomacy, and courtesy at all times during contact with the public.

C.1.18 Contractor Personnel The Contractor shall designate, in writing, a responsible on-site representative of each work crew who shall serve as a contact for matters involving quality, performance or nonperformance of the required work assigned to that crew. In the absence of a designated on-site representative, or if the designated on-site representative is not present, the Contractor warrants that any and all members of each work crew are qualified and fully competent to ensure that the required work is performed in accordance with the Performance Work Statement.

C.1.19 ANTITERRORISM/OPERATION SECURITY REQUIREMENTS:

C.1.19.1 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 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 individual facility or installation change, the Government may require changes in contractor security matters or processes.

All contractor and all associated sub‐contractors employees will receive a CORPS Watch information paper (provided by the authorized government representative) and provide a written acknowledgement to the COR, no later than 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract.

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 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.

Per the E-Verify Website the following exemptions apply:

Employers whose contracts are exempt from the E-Verify federal contractor rule are not required to enroll in E-Verify. A contract is considered exempt if any one of the following applies: (1) It is for fewer than 120 days. (2) It is valued at less than $150,000, the simplified acquisition threshold (Source: http://www.uscis.gov/e-verify/federal-contractors/exemptions-and-exceptions).

All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

C.1.19.2 The Contractor shall take reasonable measures to safeguard keys issued to them to perform the services required by this contract. All keys shall be returned to the government upon request and/or completion of the contract. Failure to return keys can result in withholding of payment.

C.1.19.3 The Contractor shall be responsible for opening and closing gates within the contract boundary areas. The Contractor shall securely lock any gate that is opened by him/her, upon completion of the required work, or upon completion of the workday.

C.1.20 Weather Conditions: In the event weather conditions interrupt performance of services as specified, services shall be resumed as soon as conditions permit.

C.2 Definitions and Acronyms: The following definitions and descriptions apply wherever the word, phrase, or acronym is used in this performance work statement.

Contracting Officer's Representative (COR) means an individual designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.

Full Coverage means chemical treatment of the entire area.

http://www.dhs.gov/E%E2%80%90Verify http://www.dhs.gov/E%E2%80%90Verify http://www.dhs.gov/E%E2%80%90Verify http://www.uscis.gov/e-verify/federal-contractors/exemptions-and-exceptions http://www.uscis.gov/e-verify/federal-contractors/exemptions-and-exceptions

Performance-Based Contract: (FAR 2.101) Structuring all aspects of an acquisition around the purpose of the work to be performed with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes as opposed to either the manner by which the work is to be performed or broad and imprecise.

Service contract means a contract that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. A service contract may cover services performed by either professional or nonprofessional personnel whether on an individual or organizational basis. Some of the areas in which service contracts are found include the following:

(a) Maintenance, overhaul, repair, servicing, rehabilitation, salvage, modernization or modification of supplies, systems, or equipment.

(b) Routine recurring maintenance of real property.

(c) Housekeeping and janitorial services.

(d) Operation of Government-owned equipment facilities, and systems.

Spot Treatment means chemical treatment of targeted vegetation only.

C.3 Government-Furnished Materials And Supplies: The following consumable items will be furnished to the Contractor by the Government. The Government will retain control of expendables, to be dispensed on an as-needed basis for use in performance of the contract.

Pesticide Application Worksheets Keys Water for herbicide mixing

C.4 Contractor-Furnished Equipment and Supplies: The Contractor shall furnish all equipment and supplies not identified in section C.3 as Government-Furnished supplies and equipment. The Operations Manager, prior to initial use, must approve all contractor-furnished equipment and supplies.

C.5 Performance Requirements: Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards.

C.5.1 The Contractor will be responsible for selecting the appropriate chemical to be used based on site location, proximity to the public, environmental concerns, target species and best commercial practices. The chemicals to be used will be discussed with and approved by the COR prior to application. Biodegradable dye will be used as a marker if the herbicide does not have a distinctive color. The Contractor shall strictly follow label directions. In addition, spraying applications shall not be performed in public use areas, or other inhabited areas when wind speed is above 10 (ten) miles per hour. Spraying applications shall not be made in undeveloped or uninhabited areas when wind speed is above 15 (fifteen) miles per hour. Care shall be exercised at all times by the Contractor to protect desirable (non-targeted) species from damage by the required chemical application. The Contractor will be responsible for any damage to non-target species. Chemicals shall not be applied in excess of the maximum rate shown on the manufactures label. In the event an area is missed or is not serviced as specified, the Contractor agrees to return and re-perform the unsatisfactory or missed services immediately upon receipt of notice from the COR.

C.5.2 Performance Requirements Summary Matrix: Paragraph C.5.1 in the Performance Work Statement includes performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

C.5.3 Measurement: Exact limits of chemical application shall be as directed by the COR. All acreages and quantities are approximate. It shall be the responsibility of the Contractor to determine exact quantities and conditions affecting performance of this work.

C.5.4 Herbicide Application Sites

Total vegetation control in the areas listed below.

Performance Requirements Summary (PRS)

PWS

Section (Para)

Contract Performance Requirement

Performance Standard

ALP

(Acceptable Level of

Performance)

Method of Surveillance

1.7.1 Coordination

In accordance with the requirements in

1.7.1

95% of the number of applications required

Inspection

1.9.1 Vegetation Control

In accordance with the requirements in

1.9.1

95% Vegetation free control on serviced areas

Weekly Inspection

5.1 Chemical Selection

& Application

In accordance with C.5.1

95% Vegetation free control on serviced areas

Periodic observation / random inspection

BID ITEM 0001

Guardrails A 3 foot-wide band under and along the guard-rail across the top of the dam and in the outlet area. Acres to be treated = 1.0 acres

Alignment Monuments A 12 foot-wide band along the alignments monuments on the backside of the dam. Including access road. Acres to be treated = 1.5 acres

*Toe drain and Contact A 20 foot-wide band the length of the toe drain, and the riprap areas at the left and right contacts on the downstream side of the dam. Acres to be treated = 3.0 acres

Front of Dam Eliminate all vegetation in riprap between water’s edge and the top of the dam (including the left and right abutments), on the upstream slope of the dam. Also includes the riprap area around the tower bridge. Acres to be treated = 32.0 acres

*Relief Well Ditches Eliminate all vegetative growth in the four relief well drainage ditches (including the side slopes), located below the dam. Acres to be treated = 5.0 acres

Stilling Basin Area A 6 foot-wide band along stilling basin walls and spot treatment of grouted riprap bordering parking lot area. Acres to be treated = 1.0 acres

Emergency Rock Eliminate all vegetative growth on emergency rock stockpiles Stockpiles located at the North and South end of the Dam including a 4 foot-wide band around the stockpiles. Acres to be treated =

1.5 acres

*Note that the Toe Drain and Contacts and the Relief Well Ditches drain directly into the ponds below the dam. The Milford Fish Hatchery uses these ponds as a source of water for the hatchery. The Contractor will be responsible for any damage to the Hatchery operations caused by the Contractors use of inappropriate chemicals or incorrect applications. Live Eagles in outdoor pens are also located adjacent to the last ditch. “D ditch”

Appropriate chemicals will be used near the water areas.

BID ITEM 0002

ESTIMATED ACRES (Per Application)

PARK AREA Park Structures

Gravel Parking

Lots

Gravel Camp Pads

Asphalt Parking

Lots

Total Acres

Curtis Creek 0.10 1.25 2.50 0.80 4.65

Farnum Creek 0.10 3.0 1.60 0.50 5.20 North Overlook 0.05 0.20 0.25 Outlet & Rolling Hills East & Administration (Includes spillway parking lot)

0.05 2.85 3.4 6.25

Rolling Hills West

0.20 2.00 2.50 1.00 5.70

School Creek 0.02 0.20 1.20 1.00 2.42 Timber Creek 0.10 0.40 1.0 0.50 2.0

Park Spraying Includes (but not limited to) gravel parking lots, gravel camp pads, a 12-inch-wide band around buildings, sand volleyball courts and playgrounds, site posts, fire rings, electric risers, and other inanimate objects; as well as gravel-surfaced areas associated with buildings, shelters, guard posts, dump stations, bulletin boards, dumpster pads, parking lot perimeters, curbs, and parking blocks. Also includes vegetation in cracks in asphalt parking lots.

Total vegetation control to eliminate all vegetative growth in riprapped and in turnarounds in the areas listed below. Appropriate chemicals will be used near the water areas.

Boat Ramps (7) Estimated Acres

(per application)

Curtis Creek Park (2) 0.30 Farnum Creek Park (1) 0.10

West Rolling Hills Park (1) 0.10 East Rolling Hills Park (1) 0.10 School Creek Park (1) 0.10 Timber Creek Park (1) 0.10

Total acres 0.80

C.5.5. Chemical Rates of Application of Mix Ratio: Application of chemicals shall be in accordance with label directions for the material used.

C.5.5.1 The Contractor shall comply with all Federal, state, and local laws governing health, training, operational, and licensing requirements as may be applicable and required for application of commercial pesticide (including OSHA Hazard Communication Standard 29 CFR 1910.1200).

C.5.5.2 The Contractor’s employee applying chemicals under this contract shall be appropriately trained and shall possess a COMMERCIAL APPLICATOR’S LICENSE acceptable to the state in which work is to be accomplished; OR in lieu thereof (unless otherwise prohibited) applicator may be unlicensed, if he is closely supervised by an immediate, on-site supervisor who is licensed in accordance with the above requirement.

C.6 Applicable Publications and Forms:

C.6.1 MAP: OSHA: Regulations can be found on the Internet at www.osha.gov

C.6.2 Safety Manual EM 385-1-1, copy can be requested from the COR.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-APR-2021 TO

30-SEP-2021

N/A USACE, KANSAS CITY +

KEN WENGER

MILFORD LAKE PROJECT 5203 N HWY K-

JUNCTION CITY KS 66441-8382

816-389-3754

966220

1001 POP 01-APR-2022 TO

30-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-APR-2023 TO

29-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

TPL_NWK_001 Points of Contact

CONTRACT

SPECIALIST:

Sheila Nimrod PHONE: (816) 389-2252 E-MAIL: Sheila.d.nimrod@usace.army.mi l

PROJECT

MANAGER:

Kenneth Wenger PHONE: (816) 389-3754 E-MAIL: Ken.r.wenger@usace.army.mil

Section H - Special Contract Requirements

SERVICE CONTRACT ACT WD

The following current Service Contract Act Wage Determinations are incorporated into this RFQ by reference:

Service Contract Act WD Number 2015-5344, Revision Number: 14, 06/03/2020 and can be downloaded on the beta.SAM.GOV at https://beta.sam.gov/wage-determination/2015-5344/14?index=wd&keywords=&is_active=true&sort=-modifiedDate&date_filter_index=0&date_rad_selection=date&wdType=sca&state=KS&county=15164&page=1

“A hard copy of the applicable wage decision will be provided upon request.”

https://beta.sam.gov/wage-determination/2015-5344/14?index=wd&keywords=&is_active=true&sort=-modifiedDate&date_filter_index=0&date_rad_selection=date&wdType=sca&state=KS&county=15164&page=1 https://beta.sam.gov/wage-determination/2015-5344/14?index=wd&keywords=&is_active=true&sort=-modifiedDate&date_filter_index=0&date_rad_selection=date&wdType=sca&state=KS&county=15164&page=1

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

OCT 1995

52.204-7 System for Award Management OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-4 Recovered Material Certification MAY 2008 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.225-7004 Report of Intended Performance Outside the United States and Canada--Submission after Award

OCT 2020

252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7015 Restriction on Acquisition of Hand Or Measuring Tools JUN 2005 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items OCT 2020 252.247-7023 Transportation of Supplies by Sea FEB 2019

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (JUN 2020) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

____ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 2020) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

XX (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XX(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

XX (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

XX (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

____ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

XX (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (MAY 2014) of 52.225-3.

____ (iii) Alternate II (MAY 2014) of 52.225-3.

____ (iv) Alternate III (MAY 2014) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

XX (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____(7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition…