B.08.02 Herbicide Services Solicitation.pdf

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Herbicide Services at Tioga Hammond and Cowanesque Lake
Solicitation number
W912DR24Q0019
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This is a solicitation for herbicide application services at Tioga Hammond and Cowanesque Lake in Pennsylvania. The U.S. Army Corps of Engineers, Baltimore District is seeking a contractor to provide all necessary equipment, staffing, materials and supplies to apply herbicides from the date of award through March 31, 2025. The proposed contract is set aside entirely for small businesses. Eligible offerors must be registered in the System for Award Management. The contractor will apply herbicides such as imazapyr, triclopyr, glyphosate and glyphosate-triclopyr mix across approximately 150 estimated acres of dams, levees, roadways and recreation areas using methods like backpack spraying or an ATV-mounted tank. The solicitation includes details on licensing requirements, safety plans, insurance, performance standards and a bid schedule for offerors to provide pricing.

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SEE ADDENDUM

(No Collect Calls)

W912DR24Q0019 04-Mar-2024

b. TELEPHONE NUMBER

410-962-2107

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 19 Apr 2024

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.

W912DR9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

NASTASHIA D WILLOUGHBY

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, BALTIMORE

2 HOPKINS PLAZA

BALTIMORE MD 21201

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,150

NAICS:

325320

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 OF54

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.

W912DR24Q0019

Section A - Solicitation/Contract Form

The U.S. Army Corps of Engineers (USACE), Baltimore District, will procure Herbicide Application Services at Tioga Hammond and Cowanesque Lake, as further detailed in the Performance Work Statement.

This solicitation will result in an award based on what best meets the needs of the Government.

The proposed contract will be from Date of Award to 31 March 2025.

The proposed contract is 100% set-aside for small business concerns. All responsible, qualified small businesses may submit an offer which will be considered by the Baltimore District Corps of Engineers. The North American Industry Classification System (NAICS) code is 325320 size standards of $1,150, PSC code 6810. Offerors shall be registered at the System for Award Management (www.sam.gov) to be eligible for award. To register you will need your DUNS/UEI number. https://www.sam.gov/portal/public/SAM. Instructions for registering are on the website.

The Contractor shall provide all necessary equipment, staff, labor, supervision, materials, equipment, and supplies to complete the Project.

All questions shall be submitted via e-mail to nastashia.d.willoughby@usace.army.mil no Later than Monday, March 11, 2024, at 2:00 PM EST.

Section B - Supplies or Services and Prices

Contractor shall be required to perform all work described in the Performance Work.

Pricing – See the attached Bid Schedule (J-3 Bid Schedule)

Section C - Descriptions and Specifications

Performance Work Statement

Herbicide Application, Tioga-Hammond & Cowanesque Lakes, Tioga, Pennsylvania

1. Introduction: The Tioga-Hammond and Cowanesque Lakes Project is located in Tioga County in North Central Pennsylvania, South of Corning, NY, and North of Williamsport, PA.

The project incorporates three lakes (Tioga, Hammond, and Cowanesque) and a levee system (Mansfield). Herbicide Application services will be required on dams, levees, along roadways, and in developed recreation areas.

The contractor shall provide all labor, materials, and equipment necessary to provide herbicide applications at the Tioga-Hammond & Cowanesque Lakes Project for the period specified in this Firm Fixed Price Contract.

This is a Firm Fixed Price Contract. The Government will specify an estimated quantity for the contractor to use as a guide and for bidding purposes. The Government will issue and fund an order for herbicide services at the beginning of each contract year. It is possible based on weather and other factors that not all Herbicide Applications on the yearly order will be required in the contract year.

The purposes of these herbicide applications are to eliminate all undesirable vegetation within designated areas. The areas designated in this contract will receive herbicide applications for a variety of purposes, including operations and maintenance of dams and levees, operations and maintenance of recreation areas, and operations and maintenance of environmental stewardship areas including mitigation areas. All work will take place at the U.S. Army Corps of Engineers (USACE), Tioga-Hammond & Cowanesque Lakes Project including Mansfield Protective Works.

The COR will oversee all of the technical aspects of this work. A pre-bid site visit will be provided for all potential contractors willing to provide pricing.

2. Background: This is a requirements contract for herbicide application. Therefore, the acres specified on the Bid Form are estimates only. If the Government’s requirements do not result in orders for the acres described as “estimated” on the Bid Form, that fact shall not constitute the basis for an equitable adjustment.

The person or company that undertakes this contract (contractor) shall provide all necessary labor, materials, supplies, equipment, fuel, vehicles, management, and quality control for herbicide application services at the Tioga-Hammond & Cowanesque Lakes Project for areas designated on the attached chart and maps.

3. General Requirements: Tioga-Hammond & Cowanesque Lakes Project / Government has a requirement for herbicide application to maintain recreation and flood risk management areas.

Non-personal Services. The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor’s responsibility to notify the Procuring Contracting Officer (PCO) immediately.

3.1 Period of Performance:

The contract period will consist of one (1) base year and four (4) option years. The beginning and end dates are as follows:

Base Year Date of contract award – April 1, 2024 to March 31, 2025 Option Year 1 April 1, 2025 – March 31, 2026 Option Year 2 April 1, 2026 – March 31, 2027 Option Year 3 April 1, 2027 – March 31, 2028 Option Year 4 April 1, 2028 – March 31, 2029

3.2. Site Security. All personnel working on this project will be required to follow all security and access rules and regulations (i.e., physical access and/or network access requirements) as set forth by the US Government in order to gain access to the USACE offices and/or systems to perform work assignments and/or for the delivery of equipment.

3.2.1 All contractors and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access, and local security policies and procedures (provided by Government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

3.2.2. Keys or security codes to access gated or secured project facilities will be provided by the Government for the execution of this contract. These keys are to be used exclusively for completing the duties prescribed in this contract. Any use of Government keys for other than the performance of this contract is strictly prohibited. Making duplicate keys is prohibited. Such improprieties shall include recommending the termination of the employee(s) and possible default of the contractor. Any loss of keys will be reported to the Contracting Officer Representative (COR) within 24 hours. If keys are lost or cannot be returned at the end of the contract period, the Government shall deduct $300 per key from the Contractor’s final invoice.

3.2.3. Keys or security will not be issued to provide access to highly secure areas located at the dam. The contractor must provide a list of employees and driver’s licenses of those who will work behind locked gates at the dam at least 30 days before performing work. The contractor must schedule access a minimum of one week in advance to these secure and restricted areas with the COR.

3.2.4. Employees:

3.2.4.1. All contractor employees working on this contract shall be citizens of the United States of America, be an alien who has been lawfully admitted for permanent residence as evidenced by an Alien Registration Receipt Card, Form 1-151, or present other evidence from the INS that employment will not affect his/her immigration status.

3.2.4.2. All persons hired by the contractor during the course of the contract shall be at least 18 years of age and shall possess a valid state driver’s license. The contractor shall ensure that the COR is able to communicate in the English language.

3.2.4.3. The contractor and all contract employees shall be subject to the rules and regulations provided in Title 36 of the Code of Federal Regulations, Section 327, during the performance of the contract.

3.2.4.4. The contractor and employees shall not use or be under the influence of drugs or alcohol at any time while performing the obligations of this contract. During an on-duty status, the contractor and contractor representatives must hold themselves to the standard of acceptable behavior expected of the public and to all rules and regulations governing Corps property and facilities. Unacceptable behavior, deemed so by the COR, that brings discredit to the Government, or the contractor may be grounds for barring the employee(s) from access to Federal property or termination of the contract.

3.2.4.5. All Contractor and Employees, including subcontractors who do not have the appropriate security clearance or access privileges, shall be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas inside the gated areas of the dam and spillway.

3.2.4.6. The Contractor shall pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor shall ensure that the Candidate has two valid forms of Government-issued identification before enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates shall be provided to the COR no later than one week prior to the pre-work meeting.

3.2.4.7. Identification of Contractor and Employees: The employee identification which must be worn while performing the task associated with this contract, will be in the form of a permanently attached patch, logo, or company name on the breast pocket or left shoulder reflecting the company identification. All vehicles and equipment shall also be easily identifiable with the company name or logo at a minimum viewable from the passenger and driver side of the vehicle. Approved magnetic signs are acceptable.

3.3. Safety

3.3a. The Government shall provide a “Safety and Health Requirements Manual”. The updated manual can be found at the following website: https://www.usace.army.mil/Missions/Safety-and- Occupational-Health/Safety-and-Health-Requirements-Manual/

3.3.1. The contractor shall provide the COR with a written accident prevention plan and activity hazard analysis plan no less than one week prior to the pre-work meeting, and Government acceptance will occur before the Notice to Proceed is issued. The accident prevention plan will provide all the necessary information required by OSHA standards, and the Corps of Engineers Safety Manual, EM385-1-1 (http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf). The plan will also list proposed chemical supplies to be used with SDS sheets and the method which the contractor will complete and document the successful completion of employee training regarding herbicide application, knowledge of contract specifications, and safety. All safety plans and activity hazard analyses shall be acceptable to the Government before work commences.

3.3.2. The contractor shall abide by all OSHA Regulations and pertinent sections of the Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, and submit all reports required therein to the Government.

3.3.3. Contractor shall designate an employee responsible for overall supervision of accident prevention activities. Such duties shall include: assuring applicable safety requirements are incorporated in work methods and inspecting the work to ensure that safety measures and instructions are applied.

3.3.4 The contractor shall observe all speed limits and other posted safety signs while operating vehicles and equipment. Trucks or other vehicles shall be operated safely and shall not be parked in unsafe positions. At no time shall equipment be left on site when not in use. All machinery is to be mechanically sound, in a good state of repair, and in compliance with all safety standards.

The contractor is responsible for selecting the proper equipment and must be able to show that his/her equipment is rated for the herbicide applications on the embankments of the dams and levee and seat belts shall be worn at all times.

3.4. Location of Work Performance

This contract defines the herbicide application services that will be in areas located at the Tioga- Hammond & Cowanesque Lakes Project, the services will take place at the address listed below.

Tioga-Hammond & Cowanesque Lakes Project 710 Ives Run Lane Tioga PA 16946

3.4.1. Equipment to be used at Tioga-Hammond & Cowanesque Lakes by the contractor will be inspected by Government personnel at the work site before the start of each contract year. Any additional or replacement equipment will be inspected by Government personnel before being placed into service. The Government shall be given a minimum of 4 hours’ notice when additional or replacement equipment will be utilized so that inspections may be scheduled. All machinery is to be mechanically sound, in a good state of repair, and compliance with all safety standards. The Government reserves the right to re-inspect any equipment at any time in the course of the contract.

3.4.2. Equipment found to be unsafe will be removed from service until appropriate repairs and/or safeguards are instituted. All applicable safety regulations as set forth by OSHA standards, and the Corps of Engineers Safety Manual, EM385-1-1 will be required. All injuries to employees or recreational users and all damages to property, Government or private, shall be reported immediately to the COR.

3.5. Quantities

3.5.1. All quantities listed as part of this contract are estimates and may vary. Variations of 5% or less in the estimated quantities shall not be justification for modification of the contract or request for additional payment.

3.6. Payment

3.6.1. Payment for services under this contract will be processed upon receipt of an invoice summarizing completed activities. No payment will be made for services not provided by the standards of this PWS. All invoices shall include:

• Contractor name and address, exactly as it appears on the contract

• Contract number

• Date of invoice submission

• Actual dates of work performed noted on each invoice

• Invoice number

• Unit Cost

• Invoice total

• Labor Hours

3.6.2. Incorrect invoices will be returned to the Contractor for correction before processing payment. Corrected invoices shall be re-dated to reflect the new submission date.

3.6.3. Invoices shall be submitted via post-mail and/or electronic mail to the following addresses for payment. Should changes occur to the mailing addresses the Contractor shall be notified. VIA Post Mail:

ATTN: James Nixdorf - Invoice

U.S. Army Corps of Engineers

710 Ives Run Lane

Tioga PA 16946

If submitting invoices electronically, please send invoices to all emails listed below:

William.Bernstein@usace.army.mil

James.s.nixdorf@usace.army.mil

Stephen.p.sporer@usace.army.mil

Nicholas.r.hansrote@usace.army.mil

3.7. Insurance

3.7.1. The contractor shall provide insurance as required in Clause 52.228-5 “Required Insurance”. Before the start of contract work, the Contractor shall furnish to the COR a current certificate or written statement of insurance requirements of the contract. Policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the Laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

3.8. Inspections and Quality Control Surveillance Plan

3.8.1. Inspections

3.8.1.1. The Government will utilize a Quality Assurance Surveillance Plan (QASP) to ensure the contractor’s quality control procedures are in place and working. The Government is responsible for Quality Assurance to ensure the contractor’s Quality Control procedures are working. All spray areas will be randomly inspected by the Government both in process and upon completion of spraying. Inspections will cover 65-75% of the projected work. The contractor shall be required to spray or re-spray any areas of delinquent applications without any additional cost to the Government before submitting the invoice for those areas. Delinquent applications shall be determined by the inspection for complete blanket coverage and/or thoroughly wetted vegetation as indicated by the required spray dye indicator residual. The same herbicides, formulations, and application methods shall be used as specified for the original application.

3.8.1.2. The COR will inspect all herbicide application areas again within about 45 days of completion of all Alligare (or equivalent) applications, and within about 30 days of completion of all Roundup Pro (or equivalent), Garlon 3A (or equivalents), and 2-4-D (or equivalents) applications. At that time any live green vegetation within the originally targeted areas or remaining originally targeted live green vegetation shall be re-sprayed without any additional cost to the Government. The same herbicide(s), formulation(s) and application methods shall be used as was specified for the original applications.

3.8.2. Quality Control. The Contractor is responsible for establishing and maintaining adequate quality control to insure the satisfactory performance of contract work in accordance with specifications.

3.8.2.1. Quality Control Plan. The Contractor shall submit for the COR’s approval, a written detailed Quality Control Plan. This plan shall indicate in detail, an inspection system covering all work performed under this contract. A cover letter identifying the Contractor or Company name, address, phone number, email (if applicable), Contract number and current year shall accompany the plan. This plan shall be submitted no less than one week prior to the pre-work meeting. A signed letter of certification which references the contract and current year and states if the original plan remains current (or lists changes if applicable) is acceptable following the base year pre-work conference. All plans, or subsequent revisions, shall be acceptable to Government BEFORE work commences. This plan shall include, at minimum, the following items.

3.8.2.1.1. QC DESIGNATION. The Contractor shall provide a signed letter to the COR designating the name(s) of the Contractor’s QC(s) who shall be physically present on site with authority and power to conduct all overall management, coordination, and supervision whenever work specified herein is being performed. This letter shall also include the QC(s) schedule(s) of work and contact information.

3.8.2.1.2. INSPECTION SCHEDULE. The Contractor shall provide a schedule which identifies the frequency of Quality Control inspections.

3.8.2.1.3. INSPECTION REPORT. The Contractor shall provide a reporting form that shall be completed upon each QC inspection. This form shall include, at minimum, the following information: QC name, contract number, date, weather, time in/out of each area, a list of items to be inspected, defects/problems, and safety violations. Copy of reports shall be provided to the COR upon request.

3.8.2.1.4. COMMUNICATION PLAN. The Contractor shall provide a communication plan which demonstrates the Contractor’s ability to maintain communications between Contract Employees and the COR during times when services under this contract are being performed.

This plan shall include contact phone numbers and email addresses used, and/or identification of alternate method of communication. Although the Government does not endorse any product or service provider, cellular communication using area providers (Verizon and AT&T for highest quality reception) is recommended to meet this requirement. The contractor shall designate a QC representative who shall meet bi-weekly in person or by telephone with the COR to discuss any issues with the execution of the contract.

3.8.2.1.5. TRAINING PROGRAM. The Contractor shall provide a summary of employee training requirements and methods. This program shall demonstrate that sufficient training methods shall be provided to all Contract Employees, to allow them to meet all requirements of this contract. Verification of a trainee’s ability to successfully provide service is needed to adequately meet this requirement.

3.8.2.1.6. TRAINING RECORD. The Contractor shall provide an itemized training record for all Contract Employees which demonstrates either successful or unsuccessful completion of the training program. Although part of the Quality Control Plan, completed training records may follow submission/approval of the plan, and within three (3) days of the Contract Employee’s start date.

3.8.2.1.7. SERVICE SCHEDULE. The Contractor shall provide service schedules. Dates, days, times and locations and services shall be clearly identified. This schedule shall meet the specifications of this contract, minimize inconveniences to the public, while also promoting efficiency and with diligence.

3.8.2.1.7.1. VARIATION. Should services be provided outside of the schedule the Contractor shall notify the Government of any variations exceeding 24 hours. Failure to meet this requirement is considered a deficiency and repeated cases may result in default.

3.8.2.1.8. EQUIPMENT AND MATERIAL INVENTORY. The Contractor shall provide an inventory of all equipment and materials to be used during the course of providing services under this contract. SDS shall accompany any applicable agents or materials. Equipment and materials which do not appear on this list shall not be permitted on the project or in the service of this contract.

3.8.2.1.9. REVISIONS The Contractor shall provide notification of any changes, additions, or any other modification of this plan for COR approval BEFORE incorporating said revision into the performance of services under this contract.

3.9. Deductions and Default

3.9.1. All work shall be performed in an orderly manner as directed in the contract. If services are found to be defective in workmanship or otherwise not in conformance with the specifications and requirements, the Government will have the right to reject such service. If time permits, the work shall then be re-performed in accordance with contract specifications without additional cost to the Government.

3.9.2. Damage to Government facilities should be avoided. Any damage to Government facilities deemed to have been caused by contractor negligence will be, (1) corrected in a timely fashion by the contractor; (2) Corrected by Government forces or another contractor and deducted from the contractor pay estimate; or (3) settled in an appropriate and timely fashion through the contractor’s insurance carrier.

3.9.3. Default of the contract will be considered for various reasons relating to non-performance of the contractual specifications. Following is a partial listing of reasons for which default may be considered.

a. Repetitive (more than 3) pay deductions for non-performance

b. Any Safety violations

c. Any abuse of security privileges

d. Any occurrence of more than $10,000 damage to Government or private property

3.10. COR and designated Quality Assurance Evaluators Shall inspect all Services performed by the Contractor under this contract through the final reports and provide feedback and acknowledgment of acceptance by the customer of the deliverables.

4. Performance Requirements:

4.1. Notice to Proceed (NTP): Activities defined within the scope of work shall commence within fifteen (15) days following the receipt of Notice to Proceed.

4.1a Pre-Work Conference: The contractor is required to attend a pre-work conference before any work period begins. The following items shall be submitted at least 5 days before the work Conference: Accident prevention plan, Quality control plan, Schedule of equipment inspections, insurance, safety requirements. At this meeting the contractor identifies the QC inspector, and all parties discuss the roles and responsibilities of the contract. NTP will not be issued until the deliverables are accepted by the Government.

4.2 The contractor shall provide all necessary labor, materials, supplies, equipment, fuel, vehicles, management, and quality control for the herbicide spraying services at the Tioga- Hammond & Cowanesque Lakes Project for areas designated on the attached maps identified as Attachment C. Herbicide Application of areas shall be performed in one continual operation. A schedule defining the order of areas for herbicide application will be provided to the COR at least 1 week prior to the start of each herbicide application cycle.

4.3 The schedule for herbicide services will be defined at the pre-work meeting based on application of acres noted below. The schedule will reflect the anticipated herbicide applications.

The Government reserves the right to adjust the schedule based upon the effect of local weather and water conditions on grass growth. Notification of schedule adjustments will be in writing at least three (3) working days prior to the beginning of a cycle and a new schedule for other adjusted dates will be provided.

4.4 The contractor shall monitor weather conditions and schedule services in a manner that the grounds standards are met. Should inclement weather or other circumstances delay the onset or the completion of Herbicide Application requirements, the contractor shall contact the COR to determine the priorities of areas or rescheduling possibilities. In most circumstances the Government will prefer rescheduling to complete the work.

4.5. TYPES OF APPLICATIONS:

4.5.1. The contractor will identify methods of application such as backpack, UTV, Mounted Tank, etc. for the application of herbicide. Use of a UTV, ATV, or off-road vehicle shall be coordinated and approved by the COR at the pre-work meeting or prior to the spray call.

4.5.2. Type I These applications will require complete blanket coverage of the areas specified to receive the Mojave (or equivalent) applications or to thoroughly wet all live green vegetation in the areas specified to receive the Roundup (or equivalent) applications. (Examples Type I Area -sloped riprap (stone) covered embankments, uneven terrain adjacent to streams, lakes, and ponds.)

4.5.3. Type II – Areas where a Gator ATV type vehicle can be driven off-road, and the herbicide applied with a backpack type sprayer, or a Gator ATV type equipment mounted tank, hose, and hand/gun type sprayer. These applications will require thorough wetting of all live green vegetation specified to receive the glysophate and triclopyr mix (or equivalent), Roundup (or equivalent) applications. (Examples Type II Areas – rough fields and forests.)

4.6. HERBICIDES AND ESTIMATED QUANTITIES:

4.6.1. Imazapyr (7.78%)/Diuron (62.2%) – Mojave 70 EG or equivalent (Herbicide) Applications - The contractor is responsible for determining the formulations necessary to achieve the required coverage and results for each area or application with the approval of the COR. The formulation will be based in part on the maximum quantity of herbicide allowed per the label for the type of area and type of target vegetation. All chemicals must be applied with a surfactant, spray dye indicator and the label recommended amount of an EPA-approved anti-drift agent. See the Bid Form for estimated acreage by herbicide and type for the base year (2024) and the four option years (2025-2028). See Attachment B for estimated acres.

4.6.2. Tricolpyr (61.6%) - Triclopyr 4 or equivalent

The contractor is responsible for determining the formulations necessary to achieve the required coverage and results for each area or application with the approval of the COR. The formulation will be based in part on the maximum quantity of herbicide allowed per the label for the type of area and type of target vegetation. All chemicals must be applied with a surfactant, spray dye indicator and the label recommended amount of an EPA approved anti-drift agent unless. See the Bid Form for estimated acreage by herbicide and type for the base year (2024) and the four option years (2025-2028).

4.6.3. Glyphosate (53.8%) – Round-Up Custom or equivalent (Aquatic and Terrestrial Herbicide) Applications The contractor is responsible for determining the formulations necessary to achieve the required coverage and results for each area or application with the approval of the COR. The formulation will be based in part on the maximum quantity of herbicide allowed per the label for the type of area and type of target vegetation. All chemicals must be applied with a surfactant, spray dye indicator and the label recommended amount of an EPA-approved anti-drift agent unless. See the Bid Form for estimated acreage by herbicide and type for the base year (2024) and the four option years (2025-2028).

4.6.4. Glyphosate (53.8%) –and Triclopyr (44.4%) - GARLON 3A or equivalent (Herbicide) Applications The contractor is responsible for determining the formulations necessary to achieve the required coverage and results for each area or application with the approval of the COR. The formulation will be a 4:1 mix of 3.0 lbs. of Glyphosate and 0.75 lbs.

of Triclopyr based in part on the maximum quantity of the herbicide allowed per the label for the type of area and type of target vegetation. All chemicals must be applied with a surfactant, spray dye indicator, and the label recommended amount of an EPA-approved anti-drift agent. See the Bid Form for estimated acreage by herbicide and type for the base year (2024) and the four option years (2025-2028). Spray areas will be mapped and provided to the contractor throughout the spray season.

4.7. GENERAL

4.7.1. The contractor is required to attend a pre-work conference before beginning work for each contract year. The date will be mutually agreed upon each year by the contractor and the Government.

4.7.2. The COR will specify actual areas and boundaries of application on-site during the pre-work conference at the beginning of each contract year.

4.7.2. The contractor shall comply with any and all Pennsylvania licensing and certification requirements. The contractor is responsible for acquiring at minimum licenses for PARK, AQUATIC, RIGHT OF WAY, or suitable substitutions approved by the Pennsylvania Department of Agriculture.

4.7.3. Copies of Pennsylvania-required licenses and/or certifications will be kept on-site by the contractor at all times during applications. Copies of all required licenses and/or certifications must be furnished to the COR before the start of any work.

4.7.4. The contractor shall maintain an on-site representative, designated in writing one week before the pre-work meeting, with the authority to address daily issues concerning the contract.

This person will interact directly with the Contracting Officer’s Representative in matters relating to the day-to-day administration of the contract. The contractor shall meet with the COR as needed to resolve any problems with the past herbicide applications and to review the work schedule for future applications.

4.7.5. The contractor shall exercise care and safety in the application of herbicides and take all necessary precautions to avoid contamination of water, damage to Government and private property, and injury to his employees and the public. The contractor shall be liable for any and all damage to the environment, Government, and private property as well as injuries to the public and his/her employees.

4.7.6. The contractor must comply with all applicable sections of the current labels of all selected herbicides, surfactants, and tracker dyes as well as any applicable State or Federal regulations regarding storage, handling, notification, application, licensing, and insurance requirements.

Notifications will comply with label-restricted entry intervals (REI).

4.7.7. The contractor must strictly adhere to specified requirements for public notification of herbicide applications through appropriate signing and direct communication. In addition, when appropriate, the contractor will be responsible for restricting the public from herbicide application areas per the REI. The contractor will coordinate all actions of this section with the COR. All spraying in campgrounds will be closely coordinated with the COR to assist with REI requirements and may require multiple trips to complete.

4.7.8. The contractor shall communicate daily with the COR during all applications to determine specifically when and where the current application is being sprayed. Herbicides shall only be applied between the hours of 8:00 A.M. and 4:00 P.M. Monday through Friday (excluding holidays) unless otherwise specified by the COR.

4.7.9. The COR or Quality Assurance Evaluators (QAE) shall conduct inspections for acceptance after each of the herbicide applications.

4.7.10. Current labels and Safety Data Sheets for all selected herbicides shall be provided to the COR at the pre-work meeting.

4.7.11. The contractor shall not apply herbicides during periods of inclement weather, under conditions where uniform coverage cannot be achieved, or when winds will cause drift outside the target area or from the target vegetation.

4.7.12. The contractor shall not fill spray tanks from any Government water source or at any Government site without prior inspection and approval of the site, filling hoses, valves, and pumps through which herbicides flow. Spill containment tarps must be placed under spray equipment during filling and mixing of herbicides. Any spills must be absorbed utilizing appropriate herbicide absorption materials and subsequently disposed of properly.

4.7.13. The contractor is responsible for determining formulations and for calibrating application methods to achieve the specified rate of application and coverage.

4.7.14. In all riprap (large stone) areas that border mowed areas, the herbicide application shall extend two (2) linear feet beyond the riprap into the mowed areas. At the Mansfield Protective Works, the herbicide application shall end at the riprap crown of the levee.

4.7.15. The contractor’s spray method shall establish and maintain a uniform symmetrical line at the outside edge of all herbicide applications.

4.7.16. Non-aquatic herbicides shall not be applied within five (5) linear feet of any body of water.

4.7.17. The contractor, where necessary to accomplish work, is responsible for moving and replacing all portable Government obstructions within the specified spray areas (Ex For example picnic tables on gravel campsite pads). Visitors’ property that cannot be moved by the contractor (such as vehicles or camping equipment) should be avoided and the area blocked by those obstructions should be treated at a later time.

4.7.18. The contractor shall not drive vehicles or equipment off designated roadways to accomplish work without prior approval from the COR.

4.7.19. The contractor shall not dispose of herbicide containers, spill cleanup materials or any residual herbicide formulation on Government lands or facilities. Furthermore, no contractor spray equipment shall be cleaned on any Government lands or facilities.

475.20. The contractor shall immediately notify the COR of any problems, spills, and/or accidents of any type and take appropriate action. Information on decontamination of emergency and non-emergency type spills may be obtained by contacting CHEMTREC toll free at 1-800- 424-9300.

4.7.21. Herbicide application forms must be filled out and submitted monthly to the COR. The COR will provide the applicable forms to the contractor.

4.7.22. All work shall be subject to inspection by the COR, or by Pesticide Inspectors with the Pennsylvania Department of Agriculture. No portions of this contract shall negate the applicability or requirements of any State Laws or regulations pertaining to Pesticide Management.

4.7.23. The contractor will exercise care and safety in the application of herbicides, taking necessary precautions to avoid contamination of the water, damage to private property, damage to Government property (excluding the target areas defined within this contract) and injuries to the contractor, Government employees, and the public. The contractor must post warning signs at a minimum of every one hundred (100) feet around the perimeter of the spray areas and at each campsite that is sprayed. Warning signs must be visible and legible to the naked eye at a distance of at least fifty (50) feet. If the site is accessible in only one direction, one sign shall be sufficient. Sign wording and format shall be approved by the COR at the pre-work meeting.

The contractor shall be responsible for removing warning signs at the appropriate time period as approved by the COR.

4.7.24. Contractors must comply with any and all parts of the current labels for all chemicals used, as well as all applicable Federal, State, and Local regulations pertaining to the storage, handling, application, record keeping, licensing, equipment, and insurance required for these particular herbicides and applications.

The contractor will not store herbicides on site.

Any vehicle used to store or transport herbicides must have locking storage compartments.

All unused herbicides and containers must be disposed of in accordance with all federal, state, and local regulations.

Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO), or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.

4.8 CONTRACTOR PROVIDED MATERIALS AND RESPONSIBILITIES

4.8.1 The Contractor shall provide all fuel, herbicide equipment, and transportation equipment required to perform the services of this contract. All equipment will conform to State and Federal licensing and safety regulations. The Government will not furnish any type of transportation, pay transportation-related expenses, or pay mileage.

5. Attachment/Technical Exhibit List:

5.1 Attachment A – Spray Report Form

5.2 Attachment B – Acreage Totals

5.3 Attachment C – Mapped Locations

Exhibit 1, Performance Requirements Summary Exhibit 2, Deliverables

ATTACHMENT A: Daily Pesticide Application Record Tioga-Hammond & Cowanesque Lakes

Record only one application on this form. Use additional forms for additional applications.

Date: Contract Number: ____ Contractor:

Business Name:

Business Pesticide Certification Number:

Address:

Phone Number:

1st Applicator: Pesticide Certification Number:

2nd Applicator: Pesticide Certification Number:

3rd Applicator: Pesticide Certification Number:

Target Pest:

Specific Application Location:

Application Time: From - Until - Total Man Hours - _______

Weather Conditions:

Required Pesticide Information Enter Information Below

Product:

Name of Manufacturer:

EPA Registration Number:

Rate of Product Application:

Total Product Used This Application:

Formulation Application Rate:

Total Formulation Used This Application:

Total Acres This Application:

Type of Application:

Comments:

ATTACHMENT B: Estimated Acreage Totals for Round Up and Mojave

Herbicide 2024 2028 Project Cow FRM Type Mojave 33.34 Target Date TBD

33.34 Total For C Dam

20.28 Dam Face

13.06 Lakeside Dam Road

FRM Type Round Up 1.25 Target Date TBD

1.25 Total For C Dam

0.12 Dam Guardrail

0.57 Dam Waters Edge

0.56 Tailrace Road

REC Type Mojave 0.24 Target Date May

0.14 Total For Moc Trail‐Falls

0.14 Parking edges

0.05 Total For Moc Trail‐McD

0.05 Parking edges

0.05 Total For Moc Trail‐Nel

0.05 Parking edges

REC Type Round Up 5.88 Target Date May

0.06 Total For North Tail Race

0.06 Parking and CS

1.58 Total For South Shore

0.17 Beach Parking Stops

0.41 East Ramp and Parking

0.14 Iroquois Parking Stops

0.15 Mohawk Parking

0.15 Oneida Parking

0.03 Playground Edges

0.02 Ranger Station Parking

0.07 SS Water Tower

0.44 West Ramp and Parking

1.08 Total For Tompkins

0.06 Beach Parking

0.06 Boat Ramp and Parking

0.06 Cove Parking and beds

0.01 Entrance Parking

0.04 Knoll Parking

0.69 Meadow Loop

0.16 Water Tower

Target Date June

0.28 Total For Lawrence

0.28 Guard Rails and Parking

1.88 Total For South Shore

0.17 Beach Parking Stops

0.41 East Ramp and Parking

0.14 Iroquois Parking Stops

0.15 Mohawk Parking

0.15 Oneida Parking

0.03 Playground Edges

0.02 Ranger Station Parking

0.07 SS Water Tower

0.28 STP

0.02 Water Plant Fence

0.44 West Ramp and Parking

0.08 Total For South Tail Race

0.08 STR

0.92 Total For Tompkins

0.06 Beach Parking

0.06 Bench Parking Lot

0.06 Boat Ramp and Parking

0.06 Cove Parking and beds

0.05 Entrance Guardrail

0.01 Entrance Parking

0.01 Knoll CS

0.04 Knoll Parking

0.16 Maint Comp bldg., Fence

0.03 Tompkins Dumpsters

0.22 Tompkins STP

0.16 Water Tower

Project TH FRM Type Mojave 85.78 Target Date TBD

16.28 Total For Mansfield

16.28 Mansfield

69.5 Total For TH Dam

63.28 Dam Face

6.22 Dam Roads

FRM Type Round Up 19.27 Target Date TBD

4.3 Total For Mansfield

3.83 Mansfield

0.27 Mansfield Lev Syph & ditch

0.02 Mansfield Levee Drainage

0.05 Pump Station 1

0.06 Pump Station 2

0.07 Pump Station 3

14.97 Total For TH Dam

0.16 Access Road Guardrails

0.09 Blocks, Benches

0.04 Channel Fencing

0.01 Choker Guardrails

0.09 Choker Gravel Stock Pile

0.01 Compound Fence

0.01 CS Overlook Fence

0 CS Walls

0.01 Dam Access Rd Catch Basin

1.71 Dam Face & Relief Wells

5.24 Dam Roads

0.03 Dedication Garden

0.01 East Hammond Ditch Stone

0.01 Employee Park

0.01 Fence N of Elect Gate

0.01 Generator Pad

0.01 GR's to T Tower

0.03 Guardrail‐Control Hs

0.01 Hammond Trench B

0.02 Manholes transf, Chlor

0.01 Office Building Perm

0.02 Overlook Fencing

0.01 Parking Signs

0.01 Pole Barn Perm

0.14 Quonset Hut and Piles

0.09 Rd to Tower rocks/basins

5.37 Spillway and Fence

0.01 Spoil Stone Pile

0.07 Tailrace Rocks

0.01 Tioga Guardrails to CC

0.69 Tioga Sides of CC

0.49 Tioga Wier Channel

0.05 V Nose concrete outfall

0.43 V Nose Road

0.01 Weather Stations

0.01 Weir #2

0.01 Wellhouse

REC Type Mojave 3.09 Target Date May

2.95 Total For Ives Run

0.27 Bone Yard

0.03 Bridges

0.07 Camp Store Gravel Lot

0.48 Compound

0.34 Entrance Bridge

0.02 GL37 Parking

0.03 Hickory Parking

0.13 Old DU Handicap Park

1.05 Old DU Park, Road, Ramp

0.02 Railroad Grade Stop Sign

0.3 RR Grade Fence‐Gate

0.07 STP

0.06 VIC Fence

0.08 Water Reservoir

0.14 Total For Pine Camp

0.14 Parking and CS

REC Type Round Up 3.81 Target Date May

3.33 Total For Ives Run

0.03 Beach House Island

2.81 Campground Campsites

0.03 Campground Dumpsters

0.02 Hawthorn Playground

0.01 Lakeside CS

0.04 Lakeside Island

0.14 Main Ramp Edges

0.05 North Playground

0.01 South CS Walls

0.17 VIC Display

0.02 Volleyball Edges

0.01 Total For Pine Camp

0.01 Ramp

Target Date June

0.47 Total For Ives Run

0.03 Campground Dumpsters

0.02 Hawthorn Playground

0.14 Main Ramp Edges

0.05 North Playground

0.17 VIC Display

0.04 VIC Parking

0.02 Volleyball Edges

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.

Performance Objective The contractor shall furnish all labor, materials, and equipment necessary to perform janitorial services on the Tioga-Hammond & Cowanesque

Lakes Project, Tioga County, Pennsylvania in accordance with the specifications contained herein.

Standard Performance Threshold

Method of Surveillance

PRS # 1.

The contractor shall provide an Accident Prevention Plan.

The contractor shall follow the standard established in EM 385-1-1.

Submission shall be within 10 days of contract award and any discrepancies shall be corrected within 3 business days, with no work being accomplished until the Plan is in accordance with EM 385- 1-1.

The Government will perform a 100% review of the Accident Prevention Plan to ensure it meets the requirements set forth in EM 385-1-1. (100% Inspection)

PRS#2

The Contractor shall comply with all safety requirements.

The contractor shall follow the standard established in PWS Section 3.3 and EM 385-1-1.

The maximum safety violations documented are no more than 5 violations.

The Government will document safety violations during weekly compliance meetings.

PRS # 3

The Contractor shall follow the service schedule.

The contractor shall follow the standard established in PWS Attachment A.

The minimum acceptable level of performance is a schedule that meets all the requirements set forth in Attachment A.

The Government will insure schedule is followed and make changes as established in PWS

PRS # 4

The contractor shall provide a Quality Control Plan.

The contractor shall follow the standard established in PWS

The minimum acceptable level of performance is the contractor shall submit a Quality Control Plan to the COR one week prior to the pre-work conference.

The Government will perform a 100% review of the Quality Control Plan to ensure it meets the requirements set forth in PWS (100% Inspection)

PRS #5

The Contractor shall provide a summary of employee training requirements and methods.

The contractor shall follow the standard established in PWS

The minimum acceptable level of performance is the contractor shall submit a Employee Training Plan one week prior to the pre-work conference.

The Government will perform a 100% review of the training program to ensure it meets the requirements set forth in PWS (100% Inspection)

PRS #6

The Contractor shall procure and maintain insurance.

The contractor shall follow the standard established in the

PWS

The minimum acceptable level of performance is insurance certificate meeting all the requirements set forth in PWS shall be submitted at the pre-work conference

The Government will perform a 100% review of insurance to ensure it meets the requirements set forth in PWS Section…

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