B.08.02 Solicitation 20Q0068-.pdf

SEE ADDENDUM

(No Collect Calls)

W912EF20Q0068 19-May-2020

b. TELEPHONE NUMBER

509-527-7202

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 03 Jun 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X 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.

W912EF9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CHANDRA D. CROW

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

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

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

USAED, WALLA WALLA - CONTRACTING DIV.

CHANDRA D. CROW

201 N. THIRD AVENUE

WALLA WALLA WA 99362-1876

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

509-527-7802FAX:

TEL: 509-527-7202 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

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 OF53

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. PAY MENT35. 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 CERTIFY ING 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) BACKAUTHORIZED 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.

W912EF20Q0068

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO OFFERORS

If you have any questions or concerns regarding the Request for Quote, please follow the procedures for Bidder Inquiries provided within this document.

Registration at www.sam.gov is required. If not registered, please do so. Step-by-step help information on how to register is detailed on the website, along with frequently asked questions (FAQs). Lack of registration in the SAM database will make an offeror ineligible for award.

Effective 29 April 2018, the notarized letter process is now mandatory on all CURRENT registrants at SAM who have a requirement to update data on their SAM record. The notarized letter is mandatory and is required before the GSA Federal Service Desk (FSD) will activate the entity's registration. Go to https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/sam-update for more information.

The System for Award Management (SAM) is online. SAM replaces CCR/FedReg, ORCA, and EPLS.

If you have been using those systems, you should now go to www.sam.gov to find your information.

Lack of registration in the SAM Database will make an offeror ineligible for award. Information on how to register and the time required is detailed in the clause 52.204-7. Start by going to www.sam.gov, and then click on the SAM HELP tab. Under User Help you will find the full User Guide as well as Quick Start Guides and Helpful Hints that will help you create an account, migrate your roles, perform updates, and search for the information you need.

Completion of the required FAR 52.212-3, Offeror Representations and Certifications Commercial Items is required. Electronic completion is encouraged (see www.sam.gov to download Representations and Certifications).

When you complete your SAM registration, the link to complete your Representations and Certifications is also available. Please do not hesitate to contact me or the SAM web site if you need assistance or have questions.

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

TO ENSURE RECEIPT OF YOUR QUOTE, PLEASE SEND TO THE ATTENTION OF CHANDRA

CROW AT chandra.d.crow@usace.army.mil.

Please return all pages of this request for quote. Be sure to also complete Blocks 17a, 30a, 30b, and 30c on page 1.

Name: _____________________________________________________________

Contact Telephone Number: ____________________________________________

Email Address: __________________________________________________________________

CAGE CODE: _________________________ DUNS Number ________________________________

In accordance with FAR Part 29.3 State and Local Taxes, and per Title 4 of US Code 104-107, the Government is generally exempt from paying state and local taxes. Please see also FAR Clause 52.212-4(k). Exempt tax identification number 91-0828090.

PRICES QUOTED MUST BE VALID FOR 30 DAYS. Solicitation shall result in a firm-fixed-price contract.

All pricing shall include shipping FOB destination (include shipping cost in price).

Submission of Price Quote Contractor shall submit the following in 1 copy:

1. Signed and dated Standard Form 1449 (Solicitation/Contract/Order)

2. Signed and dated Standard Form 30, if applicable, for any Amendments to the Solicitation

3. Completed schedule (pricing information) for all contract line item numbers

BUSINESS HOURS: The standard business hours for the Walla Walla District, Corps of Engineers are Monday through Friday from 8:00 a.m. to 4:00 p.m., excluding federal holidays.

BASIS FOR AWARD

The Government will award one contract resulting from this solicitation in accordance with FAR Part 13.5.

OFFEROR INQUIRIES

Offeror Solicitation Questions:

All inquiries regarding this solicitation are to be submitted via Bidder Inquiry. Telephone and email inquiries will not be accepted. Bidder Inquiry is a web-site that allows bidders to post questions regarding the solicitation and view all questions by other bidders and responses by USACE. Bidder Inquiry can be accessed through ProjNet at (https://www.projnet.org)

To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of the comment/question via email. Another email to the same address will notify the prospective vendor once the reply is available for viewing.

TIMING OF BIDDER INQUIRIES: Bidders are encouraged to submit their bidder inquiries promptly. The Government will make every effort to answer all bidder inquiries; however, the closer to the solicitation due date an inquiry is received, the less likely it is that a timely response can be provided.

The Bidder Inquiry Key is: V4TCMF-C77C9K

Specific Instructions for ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Instructions for Entering Questions:

1. After you are logged in click on the "post new inquiry", it is on the left side of the window under the Word "Submit" a.) This is the window where you will enter your questions b.) Comment Classification: Click on the down arrow to the right of the w c.) Discipline: This is where you select who this question should be directed to. Example; if the question is d.) Sheet. Enter the sheet number of the drawing you are asking about.

e.) Detail. Enter the detail name of the detail shown on the drawing that you are asking about.

f.) Specification. Enter the Specification number and paragraph number.

g.) File. Use this if you are going to attacha pdf file.

h.) Question. Enter your question here.

Specific Instructions for Future ProjNet Bid Inquiry Access:

1. For future access to ProjNet, you will not be provided any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

For questions about the ProjNet Bidder Inquiry, please contact the Call Center help desk toll free at 1-800-428- HELP, which operates from 8AM to 5PM (Central US time zone). Bidder inquiry help questions can also be emailed to the helpdesk at staff@projnet.info

NOTICE: All bidders/offerors will be held to have reviewed the questions and responses in Bidder Inquiry prior to proposal submission. Nothing is changed in the solicitation unless an amendment is issued.

Offerors are cautioned to clearly print prices for all line items.

Your proposal must be good for 30 days. Please include shipping costs in the proposed price of each item.

PRICING SCHEDULE

Walla Walla District Corps of Engineers Jackson Hole Vegetation Spraying II

Schedule A Base Year 2020 - 2021

ITEM

DESCRIPTION

QUANTITY

U/M

U/P

AMOUNT

Base Items 0001 Zone 1 Vegetation Spraying:

Crest and river side slope of levee, down

Estimated 0001AA Class I 30 $_______ $________ 0001AB Class II 8 $_______ $________ 0001AC Class III 4 $_______ $________

0002 Zone 2 Vegetation Spraying:

On River side slope of levee, 6 feet from toe of slope toward the channel (over levee toe), in dry areas only.

0002AA Class I 10 $_______ $________ 0002AB Class II 3 $_______ $________ 0002AC Class III 2 $_______ $________

0003 Zone 3 Vegetation Spraying:

Land side slope, approximately 25 feet wide.

0003AA Class I 15 $_______ $________ 0003AB Class II 2 $_______ $________ 0003AC Class III 2 $_______ $________

0004 Spraying for noxious weeds 300 $_______ $________

TOTAL $__________

Schedule B Option Year 1, 2021 - 2022

1001 Zone 1 Vegetation Spraying:

1001AA Class I 30 $_______ $________ 1001AB Class II 8 $_______ $________ 1001AC Class III 4 $_______ $________

1002 Zone 2 Vegetation Spraying:

On River side slope of levee, 6 feet from

1002AA Class I 10 $_______ $________ 1002AB Class II 3 $_______ $________ 1002AC Class III 2 $_______ $________

1003 Zone 3 Vegetation Spraying:

1003AA Class I 15 $_______ $________ 1003AB Class II 2 $_______ $________ 1003AC Class III 2 $_______ $________

1004 Spraying for noxious weeds 300 $_______ $________

Schedule C Option Year 2, 2022 - 2023

2001 Zone 1 Vegetation Spraying:

2001AA Class I 30 $_______ $________ 2001AB Class II 8 $_______ $________ 2001AC Class III 4 $_______ $________

2002 Zone 2 Vegetation Spraying:

On River side slope of levee, 6 feet from

2002AA Class I 10 $_______ $________ 2002AB Class II 3 $_______ $________ 2002AC Class III 2 $_______ $________

2003 Zone 3 Vegetation Spraying:

2003AA Class I 15 $_______ $________ 2003AB Class II 2 $_______ $________ 2003AC Class III 2 $_______ $________

2004 Spraying for noxious weeds 300 $_______ $________

Schedule D Option Year 3, 2023 - 2024

3001 Zone 1 Vegetation Spraying:

3001AA Class I 30 $_______ $________ 3001AB Class II 8 $_______ $________ 3001AC Class III 4 $_______ $________

3002 Zone 2 Vegetation Spraying:

On River side slope of levee, 6 feet from

3002AA Class I 10 $_______ $________ 3002AB Class II 3 $_______ $________ 3002AC Class III 2 $_______ $________

3003 Zone 3 Vegetation Spraying:

3003AA Class I 15 $_______ $________ 3003AB Class II 2 $_______ $________ 3003AC Class III 2 $_______ $________

3004 Spraying for noxious weeds 300 $_______ $________

Schedule E Option Year 4, 2024 - 2025

4001 Zone 1 Vegetation Spraying:

4001AA Class I 30 $_______ $________ 4001AB Class II 8 $_______ $________ 4001AC Class III 4 $_______ $________

4002 Zone 2 Vegetation Spraying:

On River side slope of levee, 6 feet from

4002AA Class I 10 $_______ $________ 4002AB Class II 3 $_______ $________ 4002AC Class III 2 $_______ $________

4003 Zone 3 Vegetation Spraying:

4003AA Class I 15 $_______ $________ 4003AB Class II 2 $_______ $________ 4003AC Class III 2 $_______ $________

4004 Spraying for noxious weeds 300 $_______ $________

Schedule F Six Month Extension to be exercised only if needed, 2025

5001 Zone 1 Vegetation Spraying:

5001AA Class I 30 $_______ $________ 5001AB Class II 8 $_______ $________ 5001AC Class III 4 $_______ $________

5002 Zone 2 Vegetation Spraying:

On River side slope of levee, 6 feet from

5002AA Class I 10 $_______ $________ 5002AB Class II 3 $_______ $________ 5002AC Class III 2 $_______ $________

5003 Zone 3 Vegetation Spraying:

5003AA Class I 15 $_______ $________ 5003AB Class II 2 $_______ $________ 5003AC Class III 2 $_______ $________

5004 Spraying for noxious weeds 300 $_______ $________

SCHEDULE TOTAL $__________

SCOPE OF WORK

1 GENERAL INFORMATION

1.1 SCOPE OF WORK

The Contractor shall furnish all necessary labor, equipment, supplies, materials, licenses, permits, transportation, training, and supervision to satisfactorily perform all work required by this contract in the manner and frequencies specified. The purpose of this contract is to eradicate all woody vegetation less than six feet tall and any noxious weeds on the prism of the levees within the Jackson Levee Project. The work will be performed at the areas described in this contract and shown on the attached maps. All work will be performed on/within the Jackson Project Levees located near Jackson, Wyoming. There are approximately 33 miles of levees within the project boundaries on the Upper Snake River and Lower Gros Ventre River. The northern project boundary begins south of Moose, Wyoming. The southern project boundary is at the Highway 89 bridge over the Snake River, south of Jackson. The work will include mobilization/demobilization, submittals, pesticide spraying for woody vegetation control (less than 6 feet in height) on levees, the Quality Assurance inspection thirty days after applications, removal of all dead woody vegetation within 10 days of quality assurance inspection of dead vegetation, and spraying to eradicate noxious weeds.

1.2 DEFINITIONS

1.2.1 Acceptable Quality Level (AQL): A predetermined value selected and used by the Government Quality Assurance Representative to distinguish between satisfactory and unsatisfactory performance.

1.2.2 Allowable Reject Level (ARL): The allowable margin of error observed under statistically sound quality assurance surveillance.

1.2.3 Contracting Officer (KO): The person executing this contract on behalf of the Government.

An individual designated in writing by the Contracting

Officer responsible for administration of the contract.

1.2.5 Contractor: The term Contractor refers to the prime Contractor and all Contractor employees and personnel. The prime Contractor shall be responsible for ensuring all subcontractors comply with the provisions of this contract.

1.2.6 Noxious Weed Control: The noxious weed/plant shows and indicates chemical effectiveness by showing and having greater than 50% shriveling, wilting, browning, and/or die back.

1.2.7 Deduct Percentage: The percentage obtained when the price for providing a specific requirement for a billing cycle is diminished because the Observed Acceptance Rate (OAR) is below the Acceptable Quality Level

(AQL).

1.2.8 Defective Service: A service or output that does not meet the standard of performance requirement specified in the contract for that service.

1.2.9 Observed Acceptance Rate (OAR): The observed rate of acceptable performance based on statistically sound quality assurance surveillance.

1.2.10 Ordinary High Water Mark (OHWM): Line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of the soil, destructing of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. (33 CFR 328.3(e))

1.2.11 Performance Requirement: The point that divides acceptable and unacceptable performance of a task according to the Performance Work Statement (PWS) and the Inspection of Services clause. It is the number of defects or maximum percentage of defects in the lot that is acceptable.

1.2.12 Periodic: Inspection method used by the Government COR to insure that Contractor is providing satisfactory performance for payment. Periodic inspections are not scheduled or necessarily routine in nature and can/will be conducted when COR is in the vicinity of where services are performed.

1.2.13 Quality Assurance (QA): A planned and systematic pattern of all Government actions necessary to provide confidence that adequate technical requirements are established; products and services conform to established technical requirements; and satisfactory performance is achieved. For purposes of this contract, quality assurance refers to actions by the Government assurance functions for a contracted service.

1.2.14 Quality Assurance Representative (QAR): An individual designated to inspect the performance.

1.2.15 Quality Control: Those actions taken by a Contractor to control the production of outputs to ensure that they conform to the contract requirements.

1.2.16 Woody Vegetation: Woody vegetation, commonly called bushes, shrubs, and trees, is any plant that uses wood as its structural tissue. These are typically perennial plants whose stems and larger roots are reinforced with wood produced adjacent to the vascular tissues. The main stem, larger branches, and roots of these plants are usually covered by a layer of thickened bark.

2 CONTRACTOR PERSONNEL

2.1 E-Verify Program

The Contractor shall pre-screen employees using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Contractor shall ensure that the employees have two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible contract employees shall be provided to the COR. When contracts are with individuals, the individuals shall complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form shall be provided to the Contracting Officer and will become part of the official contract file.

2.2 Supervisor

The Contractor must designate an on-site supervisor with written authority to act on behalf of the Contractor in dealing with the Government. This supervisor will have experience applying pesticides in the state of Wyoming and be a Wyoming State Department of Agriculture (WSDA) Licensed Commercial Pesticide Applicator. The primary duties of the supervisor will be to supervise employees and to serve as quality control person, with full responsibility described in Paragraph 3 Quality Control. This individual will have a thorough knowledge of the contract requirements and the work to be performed under this contract. The name, phone number, fax number and email address of this person must be designated in writing to the (COR) at the pre-work meeting. The supervisor must be able to fluently read, write, speak and understand English.

2.3 Identifiers: Contractor personnel and regular subcontractors must wear clothing marked with identifying name of the Contractor. All Contractor vehicles must be readily identified with either permanent or magnetic signs that state the Compliance with the provisions of this contract by subcontractors shall be the responsibility of the Contractor.

2.4 Employees: The Contractor employees shall be skilled in and capable of performing the work under this contract and may perform work under the direction of the on-site supervisor. The on-site supervisor must have a valid Wyoming Pesticide Commercial Applicator License.

2.5 Training: The Contractor must ensure that all employees and subcontractors have safety training covering safe work practices, personal protective equipment, proper housekeeping and fire protection. The Contractor must also ensure that all employees have necessary certificates as required by local, state and Federal laws.

3 QUALITY CONTROL

3.1 General: A Quality Control Program is the means by which the Contractor assures himself/herself that adequate inspection of work performances are being conducted so that all work meets contract specifications.

Contractor must provide the COR a quality control plan for acceptance at the pre-work conference. The COR will notify the Contractor of approval or required modifications to the plan before the start of physical work on the contract; Contractor shall make appropriate modifications and obtain approval of the plan by the COR before work may begin.

3.2 Quality Control Plan: The Quality Control plan must minimally include a description of the inspection system for all services listed on the Performance Work Statement (PWS). The plan must include:

a. A description specifying a monitoring strategy, including both the frequency and location of inspections, and the titles and organizational placement of the inspectors.

b. A description of the methods to be used for identifying and preventing defects in the quality of service performed to include the method of determining percent success of vegetation killed per application section.

c. A description of the records to be kept to document inspections and corrective or preventive actions taken.

3.3 Records: Records of Quality Control inspections must be kept and attached to the daily reports given to the COR, when required by schedule or request, throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract.

4 QUALITY ASSURANCE

The Government will evaluate the performance under this contract for those tasks listed on the Performance Work Statement (PWS) to establish acceptance of contract invoices. The COR or QAR will follow the methods of surveillance specified in the PWS; generally systematic random sampling will be employed.

Government personnel will record all QA inspections, and the COR will retain such records.

5 POST AWARD MEETINGS

5.1 Pre-Work Meeting: Within 15 days after Task Order award and prior to commencement of on-site work, the Contractor shall attend a pre-work meeting at a time and place mutually agreed to by the Contractor and the COR.

At this meeting, the COR will establish lines of authority and Government procedures for contractual administrative and work issues. The schedule of required submittals and reports will also be discussed. The Government will furnish a letter of record documenting pre-work meeting discussions to the Contractor within one week following the meeting. The Contractor shall submit, for approval, in completed form, the following items prior to the commencement of any on-site work:

a. Certificate(s) of Insurance and Letter of Authority for the Contract Supervisor.

b. Quality Control Plan. See paragraph 3 above.

c. Accident Reporting Plan per EM 385-1. See section 7 below.

d. Accident Prevention Plan per EM 385-1. See section 7 below.

e. Activity Hazardous Analysis Plan per EM 385-1. See section 7 below.

f. Hazardous Material Communication Plan per EM 385-1. See section 7 below.

g. Hazardous Waste Disposal Plan.

h. On-site supervisor certificate for Wyoming Pesticide Commercial Application License

i. Name and contact information for the on-site supervisor

j. A list of any subcontractors; and a list of names of all employees who will be working for the

Contractor.

k. List of all vehicles and equipment that will be on-site.

l. List of all chemicals to be used on-site.

m. Material Safety Data Sheets (MSDS) and Safety Data Sheets (SDS) under the Global

Harmonization System on all pesticides or any other chemicals that are used under this contract.

n. Spill prevention and control plan. See paragraph 6.6.1.4 below.

o. Contractor schedule and work hours.

p. Submit name and qualifications of the Site Safety and Health Officer (SSHO) as specified in paragraph

7.77 Site Safety and Health Officer (SSHO).

q. Letter signed by Contractor official verifying compliance with E-Verify.

5.2 Commencement: The plans noted above must be approved by the COR prior to commencement of work by the Contractor. Failure to have plans approved by the COR will result in delays in notification to proceed which shall not be the basis of a Contractor claim.

5.3 Monthly Contract Meetings: The Contract Manager must meet monthly during the Task Order period of performance (POP) from May to November with the COR to review the performance and to discuss contract issues. The meetings will be held at a time and location agreed to by the COR and the Contract Manager.

The Contractor may submit a draft invoice at this time. Contractor shall submit a monthly work plan for the upcoming month at the meeting. These meetings will also include site tours of infested areas to discuss spraying for the following month if needed. Phone meetings are acceptable if onsite meetings are not needed.

6 NATURAL RESOURCES

6.1 Private Property: Contractor shall be responsible for injuries to persons or damages to private property (vehicles, camping units or equipment) caused by his/her operations.

6.2 Environmental Protection: For the purpose of this contract, environmental pollution is defined as the presence of chemicals, physical or biological elements, or other agents which adversely affect human health or welfare; unfavorably alter ecological balances; affect other species; or degrade the utility of the environment for aesthetic and recreational purposes. The control of environmental pollution requires consideration of air, water and land and involves solid waste management as well as any other pollutants. In order to prevent, and to provide abatement and control of any environmental pollution arising from the activities in the performance of this contract, Contractor and his/her subcontractors will comply with all applicable Federal, State, and local laws and regulations concerning pollution control and abatement.

The Contractor shall comply with the requirements of the current Wyoming General Permit for Minor Pesticide Discharges. The Contractor shall print a copy of the General Permit from the Wyoming Department of Environmental Quality (DEQ) website and have that copy on-site. The current permit expires on December 31, 2020.

The Contractor shall print a copy of the new permit in 2021 or when it becomes available. As these are 5-year permits, the 2021 permit should be valid until the end of this contract.

6.3 Fish and Wildlife: Contractor shall take all necessary steps during contract work required to minimize interference with or disturbance to wildlife, especially, wolves, bears, eagles, and migratory birds during their nesting seasons. Eagle nesting timeframes are from January 1 to August 15 of each calendar year. Migratory Birds nesting timeframes are from April 1 to August 1 of each calendar year. The necessary steps are as follows:

6.3.1 Contractor Shall coordinate with the COR to determine the location of bird nests (ie.. eagle, yellow-billed cuckoos, and migratory birds) within the project area.

6.3.2 During the eagle nesting season work shall not be done within 660 feet of an eagle nest that has eagles nesting in it if the work is visible from the nest (line of sight) and/or 330 feet if the work is blocked from view of the nest (non line of sight). The list of nests being used for nesting by eagles and their location will be provided by the COR

6.3.3 During the migratory bird nesting timeframes, maintain a minimum spray distance of 15-feet from any nest in which ground nesting or tree/shrub nesting birds are nesting.

6.3.4 If a yellow-billed cuckoo nest is discovered in the work area, a 1,300 foot no work buffer will be set up around nest, until the COR notifies the Contractor that work can continue.

6.3.5 Bear Activity: Should a bear approach the worksite, all activities shall stop and workers shall maintain a 100-yard buffer between the bear and activities. Workers shall maintain a clean working environment, free of any litter, food, or other bear attractants.

6.3.6 Wolf Activity: Should a wolf approach the work site, all activities shall stop and workers shall maintain a 100-yard buffer between the wolf and activities.

6.4 Water Resources: Contractor shall not pollute drainage ditches, ponds, or lakes with pesticides, fuels, oils, bitumins, calcium chlorides, acid, or other harmful materials.

6.5 Disposal: Discarding of any materials, pesticides, wastes, effluents, trash, garbage, grease, chemicals, etc., in areas adjacent to drainage ditches, ponds or lakes shall not be permitted. If any waste material is dumped in any unauthorized area, Contractor shall remove the material and restore the area to its original conditions. If necessary, contaminated ground shall be excavated, disposed of as directed by the COR, and replaced with suitable fill material, compacted, finished with topsoil and planted as required to re-establish vegetation, at no additional cost to the Government.

6.6 BEST MANAGEMENT PRACTICES (BMPs)

6.6.1 The following best management practices are required for pesticide applications by the Contractor, in addition to label requirements and other State or Federal law strictures:

6.6.1.1 General Practices:

a. Licensing/Certification: -Site Supervisor shall be state commercial licensed.

b. All applicators shall comply with all applicable federal, state and herbicide and requirements for handling herbicides and insecticides, including storage, transportation, application, container disposal, and cleanup of spills.

c. Herbicide treatments to foliage of weed species shall be according to the recommendations for best results, or according to this document, whichever is the more stringent standard.

d. The contractor is required to use a color tracer with all spray applications.

6.6.1.2 Calibration/Maintenance:

a. All application equipment (backpacks) shall be properly calibrated according to the chemical application rates printed on the chemical label prior to use. Equipment and settings shall be properly maintained for the duration of the application period.

b. Application equipment shall be maintained to ensure proper application rates, to minimize leakage potential, reduce the potential for drift, and ensure applicator safety. Equipment shall be maintained, and visually inspected prior to each application. The inspection will include, but is not limited to: hoses, nozzles, backpacks, and motorized pumps.

6.6.1.3 Weather/Terrain:

a. Pesticide applications are limited to air temperatures of 90 degrees Fahrenheit or less, unless the label conditions are more restrictive.

b. Pesticide applications are prohibited 24 hours prior to a predicted precipitation event sufficient to cause runoff.

c. Applicators shall not spray if snow or ice covers the target foliage.

6.6.1.4 Spill Management:

a. All applicators shall carry a Spill Prevention and Control Plan. The Plan shall provide detailed descriptions on how to prevent a spill or ensure effective and timely containment of any chemical spill.

The Spill Prevention and Control Plan shall include spill control, containment, clean up, and reporting procedures.

b. A spill kit shall be available to all persons making applications within 150 feet from the site of the application.

c. Refueling: Refueling of equipment in areas not designed for refueling shall not occur within 100 feet of open water.

d. Spill Cleanup Kit: Each applicator vehicle carrying herbicides shall be equipped with a spill cleanup kit. The cleanup kit shall be capable of containing and holding at least 125% of the total mixture and concentrate that are present on the work site.

e. Spill Reporting: The applicator shall report all details of herbicide spills, exposure incidents, or accidents and/or worker health complaints, if any occur, to the COR as soon as practicable. Applicator vehicles equipped with secondary containment must have this spill cleanup kit available within a 5 minute response time.

6.6.1.5 Mixing:

a. No herbicide mixing shall be authorized within 100 feet from any body of water or stream channels.

Equipment shall have either an anti-back siphon valve or an air break on tank fill connections or openings to prevent contamination of on-site water sources.

b. Mixing (other than that of equipment that mixes internally as applications are being made) shall be performed within a temporary structure made of impermeable material such as plastic that is capable of containing at least 125% of the capacity of the spray tank that is being used.

6.6.1.6 Storage/Disposal:

a. When not in use all concentrated or mixed solution pesticides shall be placed in locked storage in closed containers with watertight lids, placed in secondary containment vessels sized at 125% of the capacity of the spray tank that is being used.

b. ATV storage tanks shall be limited to 30 gallons.

c. Disposal: Disposal of waste materials shall be in accordance with the label and in accordance with all applicable federal, state, county laws, and regulations, as well as label restrictions and instructions.

6.6.1.7 Non-Target Species: Applicators shall use caution to minimize the application of herbicides to non-target species and structures within the application areas.

6.6.1.8 Water Quality/Crossings:

a. Inspection: Equipment shall be inspected and cleaned prior to any application of herbicides within 150 feet of open water.

b. Only herbicides and surfactants labeled for aquatic use shall be employed within 15 feet waters, wetlands, or areas with shallow water tables. No pesticides will be applied under this contract in water.

c. Only non-ester forms of 2,4-D shall be used (as a measure to protect water quality).

d. Equipment shall be inspected for leaks and cleaned prior to crossing any stream. Any detected leaks shall be repaired before the equipment crosses the stream or travels near open water when not on an existing road.

e. Crossing any open water body with spray equipment (i.e., floating vessels or land vehicles) or chemicals shall be avoided if there is any land access (e.g., road or ATV trail) to the treatment areas. If land access is not available or is inaccessible, all concentrated or mixed chemicals shall be transported within floating secondary containment vessels of 125% capacity of the liquid.

6.7 Hazardous Materials: Contractor shall establish systems and controls to minimize using hazardous materials and the generation of hazardous wastes, maximize recycling of materials and comply with local, state and Federal guidelines for hazardous material and waste storage and disposal. Contractor shall furnish the Government with copies of all Material Safety Data Sheets (MSDS) prior to using or storing such chemicals.

7 SAFETY

7.1 General: In accordance with Contract Clause 52.236-13 ALT I, ACCIDENT PREVENTION, the Contractor shall provide and maintain work environments and procedures that safeguard the public, Government personnel, Contractor personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities.

The Contractor must apply risk management strategies to ensure personnel safety, and must comply with safety requirements articulated in the latest issue of EM 385-1-1, the US Army Corps of Engineers Safety Manual. The safety manual can be accessed at:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

7.2 Corrective Action by the Contractor: Whenever the QAR/COR/KO detects any noncompliance with contract requirements or encounters any condition that poses a serious or imminent danger to the health or safety of any personnel, the on-site QAR/COR/KO will notify the Contractor and request immediate initiation of corrective action. Lack of notice from the on-site QAR/COR/KO does not relieve the Contractor from compliance requirements and responsibility. After receipt of notice from the QAR/COR/KO, the Contractor shall immediately take corrective action. Such notice, when delivered to the Contractor at the site of the work, shall be deemed sufficient for the purpose of notification. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action is taken.

7.3 Accident Prevention Plan: A qualified person must prepare the written site-specific APP in accordance with the format and requirements of EM 385-1-1, Appendix A, and as supplemented herein. Cover all paragraph and subparagraph elements in EM 385-1-1. The APP must be job-specific and address any unusual or unique aspects of the project or activity for which it is written.

Note: As part of your APP include a site specific COVID-19 monitoring plan which addresses at a minimum the following elements.

- Procedures for periodic sanitation inspections

- Procedures for disinfecting project site to include high traffic areas IAW CDC guidelines

- Site specific measures to practice social distancing while working on the project.

- Employee training on the signs, symptoms, and protection measures IAW CDC guidelines.

7.4 Activity Hazard Analysis: Prior to beginning each major phase of work, an Activity Hazard Analysis shall be prepared by the Contractor in accordance EM 385-1-1 and provided to the COR. An acceptable AHA template is included with this contract. A copy of the PDF form is available from the COR.

7.5 Subcontractors: Compliance with the accident prevention and other safety requirements by subcontractors shall be the responsibility of the Contractor.

7.6 Fire Control: Each piece of internal combustion engine driven equipment used at the work site shall be equipped with a fire extinguisher in accordance with NFPA requirements. The minimum approved rating of extinguishers shall not be less than 5-B:C.

7.7 Site Safety and Health Officer (SSHO): Site Safety and Health Officer (SSHO) shall be employed by the Prime Contractor and shall be at the work site at all times to perform safety and occupational health management, surveillance, inspections, and safety enforcement for the Contractor. The SSHO can be assigned as the On-Site Supervisor on this project. The SSHO shall meet requirements for an OSHA Competent Person. A Competent person is defined as a person who can identify existing and predictable hazards in the working environment or working conditions that are dangerous to personnel and who has authorization to take prompt corrective measures to eliminate them. The Competent Person shall have a minimum of 2 years of experience in that role on similar projects; include in SSHO submittal Competent Person years of experience.

8 REQUIRED REPORTS: The Contractor is required to generate, complete and submit reports to the

Government. The following is a list of reports, information to be furnished on each report and a time or frequency requirement for each report.

8.1 Daily Report: For each day of contract activity, the Contractor shall submit to the COR, within 2 business days, a summary of the work performed on that day. A sample format for the daily report is included with this contract and is available from the COR in Microsoft Word format. This report details:

a. Weather conditions on the job site.

b. Names of Contractor personnel at the job site.

c. Equipment used to perform the contract work.

d. A description of the work performed.

e. Quality Control measures performed Site Supervisor detailing Contractor surveillance of work, records performance achieved, deficiencies observed and corrective action taken.

f. Any interactions with landowners or members of the Public.

g. Documentation of any instructions received from the contract COR,

h. Any safety deficiencies, safety inspections, or safety meetings noted or conducted by the Contractor.

8.2 Pest Control Application Record: The Contractor is responsible for reporting any pesticides applied on the shall be submitted via the pdf form on the website shown below and attached to the daily report submitted to the COR, and e-mailed to the COR. This form is available at:

http://www.nww.usace.army.mil/Portals/28/docs/programsandprojects/PestManagement/PestControlApplicationRec ord_RE_Construction.pdf The PDF forms at this web site should not be opened with Microsoft Internet Explorer, unless the following procedure is followed, as the macro that sends the report will not function properly. If using Internet Explorer, use

If using Firefox or Google Chrome, this procedure need not be followed.

8.3 Reports to the State of Wyoming: The Contractor shall report vegetation spraying activity in accordance with all Wyoming State regulations, and furnish to the COR a copy of all such correspondence.

8.4 Incident/Accident Report: An accident constitutes an incident or act involving the Contractor, which may or may not have caused obvious damage to persons or property. This includes injuries to Contractor employees, members of the public, and any damages to equipment estimated in excess of $2000.00. All incidents/accidents must be reported to the Government Representative immediately, followed by a written report on ENG Form 3394, available at:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerForms/ENG_FORM_3394_1999Mar.pdf

8.4.1 These reports shall include, but are not limited to, location, nature of the injury or accident, authorities notified and the action taken along with any other pertinent information such as who was injured and how it may have happened. These reports shall be accompanied by sketches, graphs, drawings, and photographs, as needed, and forwarded to the KO or COR within 1 working day following the injury or accident.

8.5 Exposure hours report: Monthly exposure reporting shall be forwarded to the COR by the fifth business day of the following month. This report is a compilation of employee-hours worked each month for all site workers, both prime and subcontractor. The Monthly Exposure Report form is included with this contract. The COR can provide the EXCEL form to the contractor upon request.

8.6 Quality Control Report: Attached to the daily report, per paragraph 3.3 above.

9 GOVERNMENT FURNISHED SERVICES: Water necessary for the performance of the work will not be furnished by the Government.

10 GOVERNMENT FURNISHED STORAGE AREAS: The Government will not provide any storage areas.

11 CONTRACTOR-FURNISHED ITEMS AND SERVICES

11.1 The Contractor must furnish everything necessary to perform this contract according to all its terms. The Contractor must provide all training to Contractor employees required by applicable safety, health or licensing requirements.

11.2 All equipment items shall be in good condition and be capable of efficiently accomplishing the task for which they are designed.

11.3 Pesticides: Only the pesticides listed in the following table may be used on this contract:

Chemical (only aquatic labeled Herbicides) Example Trade Names

2,4-D

AquaKleen

Navigate

Clopyralid Transline (not aquatic)

Glyphosate

AquaMaster

Rodeo

Imazapyr Habitat

Chlorosulfron Telar

Triclopyr Renovate3

Metsulfuron-methyl

Escort (Not aquatic)

Ally XP (Not aquatic)

11.4 Sprayers: Spray equipment shall be used for spot spraying only. Backpacks or vehicle mounted (i.e.

ATV or vehicle) sprayers may be used for pesticide applications. Vehicles may only traverse the levee crest; vehicles are not permitted on the levee slopes.

11.5 Signage: Signs will be posted and removed as per Wyoming Pesticide Application Rules. The signs will have all required information as per WSDA.

12 PERFORMANCE WORK STATEMENT

12.1 SUMMARY OF WORK

12.1.1 The Contractor shall provide all personnel, materials, supplies, and other items and services necessary to perform pesticide application as defined in this Performance Work Statement (PWS). The Contractor must perform to the standards enumerated in this contract.

12.1.2 The levees are only available for spraying between May and November of each year. No spraying is allowed near bald eagle nests prior to August 15, per paragraph 6.3 above.

12.2 WOODY VEGETATION SPRAYING

12.2.1 There are 33 miles of levees at Jackson Hole to be treated as part of the contract over a five (5) year period. This creates approximately 174 spray sections of 1000 feet each within the three (3) application zones described below.

12.2.2 All applications shall be made via spot spraying. No other means of application are permitted; such as broadcast, blanket, or boom spraying etc. Conditions must be in accordance with Pesticide Label, and wind speed during application must be less than 5 mph.

12.2.3 Contract bid lines are divided into three (3) zones, listed and described below and shown on Sheet C-301 of the plans.

Zone 1- Levee crest and riverside slope of levee, from the landside of the levee crest down to edge. The average zone width is 50 feet.

Zone 2- Riverside toe of levee, 6 feet horizontal distance from toe of slope toward the river channel (over levee toe), in dry areas only. The zone average width is 6 feet.

Zone 3- Landside of levee, from levee crest down to toe of the slope. The average zone width is 25 feet.

12.2.4 Within the identified zones there are three types of woody vegetation cover classes based on woody vegetation less than 6 feet in height. The cover classes are listed below:

Class I- < 10% coverage of woody vegetation within a 1000 feet section Class II- 10% to 30% coverage of woody vegetation within a 1000 feet section Class III- 30% to 50% coverage of woody vegetation within a 1000 feet section.

12.2.5 Contractor shall spot spray pesticide treatment to kill all woody vegetation less than 6 feet in height within the designated zones. Each application will be done per the agreed schedule and be completed within 15 days of the agreed date.

12.2.6 Quality Control: 30 days after a pesticide application within a spray section the Contractor shall perform a quality control inspection to determine effectiveness of application. If the Contractor does not achieve the AQL of 95% of targeted plants dead within 30 days of application, the Contractor shall reapply at their expense to achieve the AQL of 95%.

12.2.7 Quality Assurance: After notification from the Contractor that a sprayed area has achieved an AQL of 95%, and prior to removal of dead vegetation by the contractor, the QAR will perform quality assurance of the sprayed area to validate the performance.

12.2.8 Summary of pesticide application work:

Task Details Unit AQL Surveillance

All Applications Spot Spray all woody vegetation less than 6 feet in height.

Per 1000 feet spray section

95% of plants sprayed die within 30 days of application

100% of the area will be inspected 30 days after application.

12.2.9 Pesticide Tracer Contractor shall use a color tracer on all pesticide applications. This is to aid in the performance of Quality Control/Quality Assurance.

12.3 DEAD VEGETATION REMOVAL.

12.3.1 The Contractor shall remove all dead woody vegetation less than 6 feet in height within 10 days after the QAR performs quality assurance of pesticide application of a spray section. Removal of vegetation includes cutting dead vegetation less than 6 feet in height down to ground level and removal and disposal of the dead vegetation from the levee project in a manner legal with all federal, state, and local regulations.

Note: The Contractor is not…