B.01.01. Combined Synopsis and Solicitation - W912DQ23Q1027 - Released.pdf

SEE ADDENDUM

(No Collect Calls)

W912DQ23Q1027 21-Dec-2022

b. TELEPHONE NUMBER

816-389-2281

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 23 Jan 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912DQ9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

NATHANIEL J LEYBA

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE, KANSAS CITY +

FEDERAL BLDG, CT-C +

601 E 12TH ST RM 647

KANSAS CITY MO 64106-2896

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 966424 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

POMME DE TERRE PROJECT OFC

SHANNON HENRY

23697 COUNTY ROAD 218

HERMITAGE MO 65668-9509

TEL: 816-389-2290 FAX:

816-389-2029/2030FAX:

TEL: 816-389-3812 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,500,000

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF58

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912DQ23Q1027

Section A - Solicitation/Contract Form

SYNOPSIS / SOLICITATION

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 only the solicitation; quotes are being requested and a written solicitation will not be issued.

The solicitation number for this acquisition is W912DQ23Q1027 and it is being issued as a Request for Quote

(RFQ).

Offers are due on/at the date and time specified on page, in BOX 8. Offers shall be submitted in PDF via e-mail to Nathaniel.j.leyba@usace.army.mil. All offers must be good for at least 90 days from offer due date.

If you have any questions please contact Mr. Nathaniel Leyba, nathaniel.j.leyba@usace.army.mil, 816-389-2281.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-01.

This RFQ shall be set aside for small businesses and the associated North American Industry Classification System (NAICS) code is 561730, Landscaping Services and the Business Size Standard is $8.5 Million.

The Product/Service Code is F014 - Natural Resources/Conservation – Tree Thinning.

Description of Services Required: The purpose of this solicitation is to obtain herbicide application services at the Kansas City District, Pomme de Terre Lake Project Office. The Contractor shall monitor performance and ensure compliance in accordance with the terms and conditions of the contract. The contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision and other items and services necessary to perform services as described in the performance work statement (PWS). The contractor shall adhere to all local, state and federal regulations.

Place of Contract Performance: Hickory County, MO 65668

FAR 52.212-1, Instructions to Offerors- Commercial does apply to this acquisition with no addenda to the provision and is located in Section L of this combined synopsis/solicitation.

FAR 52.212-2, Evaluation - Commercial item does apply to this acquisition with no addenda to the provision and is located in Section M of this combined synopsis/solicitation.

FAR 52.212-3, Offeror Representations and Certifications - Commercial Items, does apply to this acquisition with no addenda to the provision, and is located in Section K of this combined synopsis/solicitation.

FAR 52.212-4, Contract Terms and Conditions - Commercial Items, does apply to this acquisition with no addenda to the provision. These specific clauses required are located in Section I of this combined synopsis/solicitation.

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 located in Section I of this combined synopsis/solicitation.

Additional contract requirement(s) or terms and conditions are located in Section J of this combined synopsis/ solicitation.

In accordance with FAR 52.212-1(k) the prospective awardee shall be registered and active in https://sam.gov/ for their System Award Management (SAM).

PLEASE NOTE: SAM.GOV procedures have been changed as of 8 November 2019. Interested vendors must go to SAM.gov to register in SAM and to review current notices or announcements.

Contractors may obtain information on registration and annual confirmation requirements via the Internet at https://sam.gov/ or by calling (866) 606-8220.

The System for Award Management (SAM) is a Federal Government owned and operated free web site. If you are a small business needing assistance with registering or help with navigating through the website you may contact the Association for Procurement Technical Assistance Centers for help with actions such as beta.SAM.gov registration.

If you have questions about 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 Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org/samregistration/ THIS A FREE SERVICE BY A NON-PROFIT PAID FOR BY THE US GOVERNMENT.

(End)

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Vegetation and Herbicide Mgmt 2023

FFP

The contractor shall furnish all labor, equipment and materials to provide Vegetation and Herbicide Management Services in accordance with the Performance Work Statement (PWS).

FOB: Destination

PSC CD: F014

NET AMT

0002 1 Job OPTION Vegetation and Herbicide Mgmt 2024

FFP

The contractor shall furnish all labor, equipment and materials to provide Vegetation and Herbicide Management Services in accordance with the Performance Work Statement (PWS).

0003 1 Job OPTION Vegetation and Herbicide Mgmt 2025

FFP

The contractor shall furnish all labor, equipment and materials to provide Vegetation and Herbicide Management Services in accordance with the Performance Work Statement (PWS).

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

Herbicide Application Services

POMME DE TERRE DAM & PROJECT

1. General: This is a non-personnel services contract to provide Herbicide Application Services. The Government shall not exercise any supervision or control over the contract service providers performing the services herein.

Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision and other items and non-personal services necessary to perform Herbicide Application Services as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: Pomme de Terre Lake is a flood control reservoir located on the Pomme de Terre River in the rugged, tree covered hills of the Missouri Ozarks. The lake spans two counties: Hickory & Polk. A map of Pomme de Terre Lake can be found on the Internet at https://www.nwk.usace.army.mil/Locations/District-Lakes/Pomme-de-Terre-Lake/. At multipurpose pool Pomme de Terre Lake covers 7,820 acres, has 6 campgrounds, 2 day use areas offering 318 campsites.

1.3 Scope: The Contractor shall furnish all manpower, chemicals, equipment, fuel, tools, supervision and other items and services necessary to provide herbicide application services for the Pomme de Terre Project as defined in this performance work statement (PWS). The Contractor shall comply with all Federal, State and Local laws, ordinances, statutes and regulations pertaining to the provided services.

1.4 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and, if exercised two (2) 12-month option years. The Period of Performance reads as follows:

Base Year – 1 April 2023 through 31 March 2024 Option Year 1 – 1 April 2024 through 31 March 2025 Option Year 2 – 1 April 2025 through 31 March 2026

1.5 General Information

1.5.1 Required Insurance: The Contractor shall provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required below. The Contractor shall furnish proof of required insurance in the form of a copy of the insurance policy, or a binder issued by the insurer. Proof of proper insurance shall be delivered to the COR either prior to or at the post-award conference.

Information regarding State requirements may be obtained by contacting Division of Insurance, 573- 751-4126, Toll Free 1-800-726-7390, https://insurance.mo.gov/

Workmen’s Compensation: Coverage complying with applicable State statute** Employer’s Liability: Minimum $100,000 per occurrence (only IF you hire employees)

Commercial General Liability: Minimum $100,000 per person, $300,000 per occurrence for bodily injury, $20,000 per accident for property damage.

Motor Vehicle Liability: Minimum $300,000 per person, $500,000 per occurrence for bodily injury, $100,000 per accident for property damage

* Reference FAR 28.307-2 Liability, subparagraphs (a), (b), and (c).

** Missouri Division of Insurance, telephone (573) 751-4126, Division of Workers Compensation, telephone (800) 775-2667

1.5.2 Quality Control: 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. The Contractor shall also develop an Activity Hazard Analysis (EM 385-1-1 Section 01.A.13) identifying potential safety and health hazards and controls for such hazards. Quality Control Plan and Activity Hazard Analysis shall be delivered to the COR for approval.

1.5.2.1 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 insure that the required work is performed in accordance with the Performance Work Statement.

1.5.2.2 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.

1.5.2.3 The Contractor shall furnish to the COR, a telephone number attended during normal business hours (8:00 a.m. - 4:00 p.m. C.S.T.) to which calls concerning performance, schedule, 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.

1.5.2.4 Daily Herbicide Application Reports will be submitted to the COR detailing work performed for that day. Reports should include what, when, who and where information as well as any safety issues that arise, weather conditions, equipment calibration and application rates, equipment malfunction etc. A blank form will be provided by the Government.

1.5.2.5 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.

1.5.2.6 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 thereby 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.

1.5.3 Quality Assurance: Quality Assurance is the Governments Responsibility. A Quality Assurance Surveillance Plan (QASP) will be used during the life of the contract to ensure that the

Contractor is performing the services required by this Performance Work Statement in an acceptable manner. The Government develops the QASP and the Project Office administers the Plan through Quality Assurance Evaluators (QAE)s. It defines how the performance standards will be applied, the frequency of surveillance and the minimum acceptable defect rate(s).

1.5.4 Recognized Holidays: The contractor will not be required to work on the following Federal Holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

1.5.5 Hours of Operation: The Contractor is responsible for conducting business, between the hours of 6:30 A.M. CST and 7:00 P.M. Monday through 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. Hours of operation will be strictly adhered to, unless this restriction is specifically waived in writing by the Contracting Officer or his authorized representative. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined with this PWS when the Government facility is not closed for the above reasons.

1.5.5.1 All work shall be accomplished within the time frames specified above. Services rendered outside the time periods specified, shall not be compensated unless specifically approved in writing by the Contracting Officer or his authorized representative.

1.5.5.2 In the event adverse weather or ground conditions occur during scheduled services that would create unsafe working conditions or result in damage to vegetation or turf, the Contractor shall cease operations and contact project personnel. Work affected by adverse conditions shall be stopped, restarted, or rescheduled as directed by the Contracting Officer or his authorized representative.

Rescheduled work shall be accomplished at a mutually agreed upon time, to the extent possible.

1.5.5.3 This is a flood control project. Occasional retention of floodwaters may inundate portions of the public use areas, other areas, or access roads thereto, being serviced by this contract. In the event that inundations materially affects the scope of work, the Contractor will be requested to submit a pricing proposal covering the unserviceable or affected portion of his work in order that an equitable adjustment to contract price can be negotiated and an adjustment made in accordance with the appropriate contract clause entitled “Changes.” Payments for services not performed as a result of conditions stated above will be initially withheld until execution of an equitable adjustment can be made by contract modification.

1.5.6 Place and Time of Performance: The work to be performed under this contract will be performed various areas under the responsibility of the U.S. Army Corps of Engineers, Pomme de Terre Lake Project Office. Services shall be ordered by the Contracting Officer Representative April through September during each contract option period. Order for services shall commence up-on agreed schedule discussed at post-award conference and completed within five days. Once begun, work shall be accomplished in a continuous operation (day-to-day, except weekends and holidays) weather permitting.

1.5.7 Security Requirements: Contractor personnel performing work under this contract must be in compliance with AT-OPSEC security requirements set forth for this contract and must maintain the level of security required for the life of the contract.

1.5.7.1 Physical Security: The Contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.5.7.2 Key Control: The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not sued by unauthorized persons. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys to the Contracting Officer or his representative.

1.5.7.2.1 In the event keys are lost or duplicated, the Contractor shall, upon directing of the contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor.

1.5.7.2.2 The Contractor shall prohibit the use of Government issued keys by a person other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer or his representative.

1.5.7.2.3 Gates: The Contractor shall open and close 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.

1.5.8 Post Award Conference: The Contractor agrees to attend any post award conference after contract award but prior to commencement of work. The COR will contact the Contractor to arrange a mutually agreeable time to meet at the Pomme de Terre Project Office to review the contract requirements and details of the work.

1.5.9 Contracting Officers Representative (COR): 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, 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. The COR does not hold the responsibility of changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.5.10 Contractor Personnel:

1.5.10.1 Minimum Manpower Requirements: The Contractor and employees/staff shall personally perform, or provide personal superintendence of the performance of, duties under the contract (no subcontracting). The Contractor shall maintain a sufficient number of staff/employees to perform the required services. In the event the Contractor is unable to perform contract duties as required, the Government reserves the right to terminate the contract.

1.5.10.2 Contractor Personnel: Contractor personnel shall present a neat appearance and be fully clothed at all times while performing services ordered under the contract. “Fully clothed” shall be deemed to mean that a sleeved 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 safe performance of services or for the application of various approved chemicals (if any). The Contractor shall provide own attire.

Contractor personnel shall utilize tact, diplomacy and courtesy at all times during contact with the public and with Government personnel. The Contracting Officer’s Representative reserves the right to disapprove any individual whom he/she considers to be incompetent to perform the work required.

Such disapproval will be given to the Contractor by written notice. Any such decision is final. Any illegal or criminal activity on the part of the Contractor or staff, employees, or other personnel may result in termination of the contract. In order to assure that the required services be performed at an acceptable level, the Contractor shall designate in writing a responsible on-site representative of each work crew, who shall serve as a contract for matters involving quality, performance, or nonperformance of required services 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 with full authority to act for, and on behalf of the Contractor, to insure the required work is performed in strict accordance with the contract specifications. The Government reserves the right to discuss herbicide application matters with any Contractor employee on-site and currently employed by the Contractor.

1.5.10.3 Special Qualifications: Contractor must provide proof of being Certified Commercial Applicator in the State of Missouri in the application of herbicides. Contractor must possess both a Category 3 and Category 5 certification to perform work under this contract.

1.5.10.4 All contractor personnel will be required to show proof of a valid driver’s license prior to performance of work under this contract.

1.5.11 Lost and Found Items, Vandalism and Facilities Malfunction: To assist the visiting public in reclaiming lost articles, all property left by visitors and found during operations shall be turned in daily to the project office where it may be claimed by the owner. Any evidence of vandalism and instances where facilities are not operating properly or are in need of repair shall be reported to Project personnel.

1.5.12 Other Contracts/Volunteers: The Government may undertake or award other contracts or have lessees, Government employees, or volunteers performing certain work and the Contractor shall fully cooperate with such other Contractors, lessees, volunteers and Government employees. The Contractor shall not commit or permit any act that will interfere with the performance of work by another Contractor, by a lessee, by volunteers or by Government employees. The COR can alter the work schedules of the Contractor to avoid possible conflicts. Any such change or failure to make such a change by the COR shall not be the basis for a claim by the Contractor.

1.5.13 Title 36 Rules and Regulations: While performing work under this contract the Contractor and his/her employees will abide by Title 36 Rules and Regulations for conduct on Federal lands, as well as all other Federal, State and Local laws.

1.5.14 Safety Requirements: The contractor is expected to take a vital interest in safety and to educate and develop a culture of safe work habits among their employees. All work under this contract shall be performed in accordance with safety requirements set forth by OSHA and the Corps of Engineers Manual, EM 385-1-1, entitled “Safety and Health Requirements Manual.” Particular emphasis shall be placed on the contract’s accident prevention plan. A basic outline of this plan can be found in the manual. A copy of the Contractors Accident Prevention Plan must be submitted prior to the start of services. If the Contractor fails or refuses to promptly comply with the safety requirements as specified herein; the COR may stop all or part of the work until proper correction action has been taken. No part of the time lost due to any such stop shall be made subject to claim for extension of time or for excess costs or damages to the contractor. No additional payment shall be made for work not performed as a result of work stoppage due to failure to comply with safety requirements.

1.5.14.1 Particular emphasis should be placed on, but not limited to EM 385-1-1 Chapters 5, 6, 8 and 18sections concerning Personal Protective Equipment and Operation of Vehicles, Machines and Equipment.

1.5.14.2 The Contractor shall perform work requirements in a manner to protect buildings, vehicles and Government and public personal property from damage and employees and project visitors from any harm or injury. Work shall be scheduled and completed to afford this protection.

1.5.14.3 The Contractor shall maintain an accurate record of and shall report to the COR, all accidents, injury, property damage, equipment malfunction or safety hazard immediately.

1.5.14.4 The Contractor shall immediately correct all safety deficiencies upon notification of the deficiencies by the Quality Assurance Representative, and shall notify the COR of the corrective action to be taken. Such notice when delivered to the Contractor or his representative at the site of work shall be deemed sufficient for this purpose. The Government assumes no responsibility or duty to inspect. The Contractor is responsible for ensuring that the equipment is in a safe operating condition, that it is used in a safe manner and that it is used in a safe environment and condition.

Any equipment or materials not in conformity with the safety manual will be placed out of service and will not be operated on Government Property.

1.5.15 Environmental Controls

1.5.15.1 Compliance with Laws and Regulations: The Contractor shall be knowledgeable of and shall comply with all Federal, State and Local laws, environmental requirements and instructions.

The Contractor shall ensure policies and procedures are established that protect the health and safety of employees and the community to minimize or eliminate the risk of environmental pollution.

1.5.15.2 Hazardous Materials: The Contractor is responsible for advising his/her employees of all Environmental and Hazardous Materials Handling and is also required to provide to the COR the Safety Data Sheets (SDS) for all materials used by the Contractor in accordance with Federal, State and Local laws and/or regulations.

1.5.15.3 Notification of Environmental Spills: If the Contractor or employee(s) of the Contractor spill or releases any substance into the environment, the Contractor shall immediately report the incident to the COR who will report to the project Environmental Compliance Coordinator in accordance with local procedures. The Contractor shall be liable for containment and environmental cleanup of the spill or release of such substances.

1.6 Payment: Payment will not be made for services not performed, payment will only be made for completed and approved work. The Contractor shall provide the Pomme de Terre Project Office 23697 County Road 218 Hermitage, Missouri 65668, with an invoice, after performance of the services ordered, requesting payment for ordered services. Payment shall be made in accordance with the Prompt Payment Act via Electronic Funds Transfer (EFT) into the Contractor’s banking account.

1.7 Antiterrorism/Operation Security Requirements (OPSEC):

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 CORPSWatch 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-VerifyWebsite 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.

PART 2

DEFINITIONS AND ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1 Definitions

2.1.1 Contractor. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2 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.

2.1.3 Defective Service. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.4 Deliverable. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

2.1.5 Physical Security. Actions that prevent the loss of damage of Government property.

2.1.6 Quality Assurance. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.7 Quality Assurance Surveillance Plan. An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.8 Quality Control. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.9 Subcontractor. One that enters into a contract with a prime contractor.

2.1.10 Work Day. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.11 Work Week. Is defined as Monday through Friday, unless specified otherwise.

2.1.12 Spot Treatment. Chemical treatment of targeted vegetation only.

2.1.13 Full Coverage Treatment. Chemical treatment of entire area.

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES

3.1 Services: The Government will supply the Contractor with maps of the areas where work will be performed.

3.2 Facilities: N/A

3.3 Utilities: Water sources will be available to the Contractor. The Contractor must supply their own hoses and backflow preventative devices when using Government water sources. The Contractor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

3.5 Materials: Daily Herbicide Application Reports

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES

4.1 General: The contractor will furnish all necessary labor, equipment, supplies, materials, supervision, transportation and fuel required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Equipment breakdown shall not relieve the contractor of the responsibility of performing the work as specified.

It shall be the responsibility of the Contractor 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.

PART 5

SPECIFIC TASKS

5. Specific Tasks

5.1 Basic Services: The Contractor shall apply herbicide to all areas listed under Herbicide Applications sites. In most cases, the result should be a clean, vegetation free area. Some areas involve the control of certain species (i.e. woody vegetation). In those areas, it will be the Contractor’s responsibility to insure that the target species are all that are killed.

5.2 Ordering of Services: Orders for service shall be in writing (email) and commence upon agreed schedule at post-award meeting conforming to the dates/times stated below in this contract.

5.2 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. Information will be provided to the Government regarding the chemical(s) to be used prior to application. The COR must approve all chemicals that will be used during this contract. The Contractor will provided SDS sheets (Safety Data Sheets) and product labels for all chemicals used on Government Property. Biodegradable dye will be used as a marker to insure even applications.

5.3 The Contractor will guarantee at least a 100% vegetation free control in all areas where herbicide application is performed, as evidenced by dead and dying plants, by stem count. Should the level of control fall below 100%, the Contractor will be responsible for the re-treatment of the subject area(s) to achieve the desired result at no additional cost to the Government. In order to maintain this level of vegetation control, the Contractor will be required to make at least one Quality Control visit after each application to insure that the desired results are being achieved.

5.4 Herbicide Application Woody Vegetation Control, Spillway: The Spillway Section shall be treated to kill All existing woody/brushy vegetation only. Grassy vegetation shall not be targeted as this vegetation is needed for erosion control. If a 100% kill of the targeted existing woody/bushy vegetation is not accomplished a follow-up treatment will be required at no cost to the Government. The Contractor will apply herbicides in all areas listed in the Attachment 4/Technical Exhibit 4 Herbicide Application Sites - Spillway Section designated the service area when ordered during the months of 1 April through 30 September.

5.5 Herbicide Application Total Vegetation Control, Dam/Dike: Total Vegetation Control is defined as treating all existing vegetation for a 100% kill. Areas to be treated include the upstream rip rap portion of the dam and dike sections, the downstream random rock fill slope of the dam, guard rail on the dam and dike sections, upstream and downstream abutment contacts, downstream toe and service road area. The guardrail treated area shall begin at the edge of the asphalt and extend beyond the guard rail posts. The treated areas for the abutment contact and downstream toe shall begin at the natural ground contact, mow line, or six foot beyond the centerline of the rock lined ditch. The width of the toe area varies from approximately five feet to forty feet. The entire rock road area located between the multipurpose court and the toe of the dam beginning at road entry and extending to tree line will also be treated to maintain as vegetation free. If a 100% kill of the existing vegetation is not accomplished a follow-up treatment will be required at no cost to the Government. The Contractor will apply herbicides in all areas listed in the Attachment 4/Technical Exhibit 4 Herbicide Application Sites - Dam Section and Dike Section designated service areas. There will be 2 rounds of herbicide application in these areas when ordered by COR during the months of 1 April through 30 September.

5.6 Herbicide Application Parks: The Contractor will apply herbicides in all areas listed in Attachment 4/Technical Exhibit 4 Herbicide Application Sites – Parks. One round of application must include all of the sites listed in this attachment excluding the areas of the Spillway, Dam/Dike, Lagoons and Admin Area areas listed in 5.4, 5.5, 5.7 and 5.8 as they are listed under separate line items. There will be a minimum guarantee of 3 rounds of herbicide application in these areas and a maximum of 5 rounds. Orders for service will be placed by COR during the time period of 1 April through 30 September.

5.7 Herbicide Application Sewage Lagoons: The Contractor shall treat sewage lagoons once per year to control aquatic vegetation growing in the lagoon. There are two lagoons with two cells per lagoon that will be treated for unwanted vegetation as follows: Wheatland Park 1 lagoon – 2 cells and Lightfoot Park 1 Lagoon – 2 cells. See attached area maps and reference lagoon fence locations for sewage lagoon locations. Note: One round of herbicide application for sewage lagoons must include all of the areas listed above and will be ordered by the COR during the period of 1 April through 30 September.

5.8 Herbicide Application Admin Area: The Contractor will apply herbicides in all of the Admin area listed in Attachment 4/Technical Exhibit 4 Herbicide Application Sites – Admin Area. One round of application must include all of the sites listed in this attachment excluding the areas of the Spillway, Dam/Dike, Lagoons and Parks listed in 5.4, 5.5, 5.6 and 5.7 as they are listed under separate line items. There will be a minimum guarantee of 3 rounds of herbicide application in these areas and a maximum of 5 rounds. Orders for service will be placed by COR during the time period of 1 April through 30 September.

5.9 All contractor personnel applying herbicide shall be appropriately trained and licensed. Copies of all licenses and certifications will be provided to the Government prior to the start of work. Appropriate insurance will also be in place and documentation provided prior to the start of work. At least one employee must possess a Commercial Applicator Licenses in the State of Missouri with both a Category 3 and Category 5 certification and must be onsite at all times while work is being performed.

5.10 The serviced areas will present a neat, even kill of all target species. Spray patterns will provide an even boarder between treated and untreated areas. A 1 foot (approximately) vegetation free border will be left around all hard-surfaced, rocked facilities or rock enclosures around facilities (i.e. campsites, parking lots, riprap, curbing, etc.)

5.11 The Government will provide water for tank filling. The Contractor will provided 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.

5.12 The Contractor will be responsible for any damage to non-target species.

5.13 The Contractor will complete a herbicide application report form (furnished by the Government) after each chemical application whether initial or follow-up. Payment will not be made until the completed forms are provided.

5.14 The use of aerial spraying will not be permitted in any of the areas serviced under this contract.

PART 6

APPLICABLE PUBLICATIONS

6. Applicable Publications (Current Editions): The Contractor must abide by all applicable regulations, publications, manuals and local policies and procedures including by not limited to EM-385-1-1.

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 – Quality Assurance Surveillance Plan

7.4 Attachment 4/Technical Exhibit 4 – Herbicide Locations and Corresponding Maps

7.5 Attachment 5/Technical Exhibit 5 – Herbicide Application Report

TECHNICAL EXHIBIT 1

Performance Requirements Summary

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.

Section

(Paragraph) Contract Requirement

Performance Standard

Lot Description Acceptable Level of

Performance

Method of Surveillance

5.4

Herbicide Application

Woody Vegetation

Control, Spillway

Elimination of all woody/brushy vegetation

Spillway Section 98% 100%

Inspection

5.5

Herbicide Application Total

Vegetation Control, Dam/Dike

Elimination of all vegetation

Dam & Dike Sections

98% 100 %

5.6

Application Parks

Elimination of all vegetation in Park Areas in Technical Exhibit 4 Labeled Parks

Parks (Lightfoot, Wheatland, Outlet, Damsite, Nemo, &

Overlook)

98% Periodic

Inspections As Ordered

5.7

Application Sewage Lagoons

Elimination of aquatic vegetation

Lagoons (Lightfoot &

Wheatland Parks) 98%

100 %

5.8

Application Admin Area

Elimination of all vegetation in Admin Areas in Technical Exhibit 4 Labeled Admin Area

Admin Area 98% Periodic

Inspections As Ordered

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To Proof of Insurance

Once prior to the start of work

One

Electronic is preferred but hardcopy will also be accepted.

Attn: Shannon Henry Email:Shannon.L.He nry@usace.army.mil Address: 23697 County Road 218 Hermitage, MO 65668

Quality Control Plan Once prior to the start of work

One Same as above Same as above

Application Report

Daily when work is performed

One copy for each day

Same as above Same as above

Security Requirements Documentation

As needed As needed Same as above Same as above

Accident Prevention Plan and AHA

Once prior to the start of work

One Same as above Same as above

Herbicide Applicators License (Category 3 and 5)

Once prior to the start of work

One Same as above Same as above

SDS and Product Information

For any new chemical used on the project

One Same as above Same as above

Exposure Hours Report (Man Hours)

After each order is completed.

One Same as above Same as above

ATTACHMENT 4 TECHNICAL EXHIBIT 4

HERBICIDE APPLICATION SITES

Dam/Dike Sections

1. Upstream riprap portion of dam/dike

2. Downstream Random rock fill slope of dam

3. Guard rail dam & dike sections

4. Upstream & downstream abutment contacts

5. Downstream toe & Service Road

Spillway Section

1. Vertical Surfaces on the side of spillway

2. Horizontal Surfaces in the back of spillway

Admin Area

1. All vegetation growing through roadway cracks & along parking blocks

(Approximately 3.5 miles)

2. Project Office Parking Lot & Sidewalks

3. Project Office Front Parking Lot, Peninsula Area Parking Lot & Sidewalks between Project Office and

Control Tower

4. Group Shelter Area, Parking Lot, Sidewalks, Playground Surfaces/perimeters (1), Horse Shoe Pits (1)

5. Water Hydrant Enclosures (1)

6. Maintenance Compound Parking Lot, Dumpster Enclosure (1)

7. Archery Range Parking Lot, Shelter Area, Shooting Lanes (concrete) and Sidewalks

8. Courtesy Fishing Dock Parking Lot/Roadway & Upper Parking Lot

9. Parking Lot Stilling Basin Access Area

10. Vault Toilet in Stilling Basin and Sidewalk to the Vault Only

Outlet Park

1. Upper Entrance Parking Lot

2. All vegetation growing through roadway cracks & along parking blocks (Approximately 1.5 miles)

3. Water Hydrant Enclosures (Approximately 10)

4. Multipurpose Court Fencing, Sidewalks, Parking Lot, Well House Area

5. Ball Field Shelter, Parking Lot/Driveway, Bleachers, Team Benches, Vault Toilets, Playground

Surfaces/Perimeters, Sidewalks, Water Hydrant Enclosure

6. Trail Head Kiosk Posts & Gravel Area

7. Shelter by Multipurpose Court, Sidewalks, Flush Toilet Parking Lot, Flush Toilet Area, Playground

Surfaces/Perimeters, Volleyball Area, Horseshoe Pits (2 sets)

8. Dumpster Enclosure

9. Park Attendant Booth Area

10. Dump Station Area (1 Dump Station) & Gravel Roadway

11. Campsites (22), Park Attendant Campsite/Shed Area (1), Volunteer Campsites/Sheds (3)

12. Boat Ramp Area, Parking Lot Across from Ramp and South of Ramp Area.

13. Shower House Pre-Fab Building, Flush Toilets beside Shower Area, Playground Surfaces/ Perimeters, Parking Lot, Propane Tank Enclosure (1)

14. Group Camp Rocked Surfaces, Gates, Parking Lot Before Yellow Gates, Sidewalks, Shelter, Horseshoe Pits, Vault Toilet Area, & Flush Toilet Area.

Wheatland Park

(Approximately 2 miles)

2. Boat Ramp Area, Rip Rap Area along shoreline at Boat Ramp, Courtesy Loading Dock Area, Parking Lot

3. Life Jacket Loaner Board at Boat Ramp Area/gravel, Self-Pay Station Area, Vault Toilet Area and Parking Lot

4. Park Attendant Booth Area, Sidewalks and Driveway Across Roadway

5. Lagoon (1-2 cell) Gate, Entrance Area, 2 foot perimeter around each cell from the water’s surface

6. Vault Toilets Men’s & Women’s, Sidewalks and water hydrant enclosure

7. Parking Lots: Parking Lots East Side…