B.08.02 solicitation for Herbacide 26 Apr..pdf

SEE ADDENDUM

(No Collect Calls)

W912DQ23Q0021 25-Apr-2023

b. TELEPHONE NUMBER

(816) 389-2041

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 10 May 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912DQ9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

RICK MATHENA

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE, KANSAS CITY +

FEDERAL BLDG, CT-C +

601 E 12TH ST RM 647

KANSAS CITY MO 64106-2896

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 966246 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

USACE, KANSAS CITY +

BRIAN TURK

CLINTON LAKE PROJECT OFFICE 872 N 1402 RD

LAWRENCE KS 66049-9048

TEL: (816) 389-3647 FAX:

816-389-2029/2030FAX:

TEL: 816-389-3812 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,500,000

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF63

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.

W912DQ23Q0021

Section A - Solicitation/Contract Form

COMBINED SYNOPSIS

COMBINED SYNOPSIS SOLICITATION

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

The solicitation number for this acquisition is W912DQ23Q1013 and it is being issued as a Request for Quotes (RFQ).

The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-02.

This RFQ shall be set aside for small businesses and the associated North American Industry Classification system (NAICS) code is 561730, “Landscaping Services” and the business size standard is $9,500,000.00.

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

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

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

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

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

System for Award Management

In accordance with FAR 52.212-1(k): By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://sam.gov/portal/SAM/#1 . It is highly encouraged that all contractor’s start the SAM’s registration process as soon as possible.

OFFEROR MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT

WITHIN 7 DAYS OF THE CLOSE OF THE SOLICITATION OR THE CONTRACT

OFFICER MAY PROCEED WITH AWARD TO THE NEXT SUCCESSFUL

CONTRACTOR.

If you were not previously registered, please go to https://www.sam.gov. Instructions for registration.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Herbicide application-Base year

FFP

The contractor shall furnish all herbicide applications services at Clinton Lake as defined in the Performance Work Statement (PWS) located in Section C of this contract.

FOB: Destination

PSC CD: S208

NET AMT

1001 1 Job OPTION Herbicide Application – Option Period 1

FFP

The contractor shall furnish all herbicide applications services at Clinton Lake as defined in the Performance Work Statement (PWS) located in Section C of this contract.

2001 1 Job OPTION Herbicide Application – Option Period 2

FFP

The contractor shall furnish all herbicide applications services at Clinton Lake as defined in the Performance Work Statement (PWS) located in Section C of this contract.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

HERBICIDE APPLICATION SERVICES

CLINTON LAKE PROJECT, LAWRENCE, KANSAS

Performance Work Statement

C.1.1 General Information: Clinton Lake is a flood control reservoir located on the Wakarusa River in northeast Kansas. The lake spans two county boundaries: Douglas and Shawnee. It is approximately one mile west of the metropolitan area of Lawrence, Kansas and approximately 40 miles west of Kansas City, MO. A map of Clinton Lake can be found on the Internet at: www.nwk.usace.army.mil/locations/district-lakes/Clinton-Lake.

Five parks around the lake are managed and maintained by the Corps of Engineers.

These parks include roads, utility systems, campsites, a beach, boat ramps, picnic grounds, and playground areas. In addition to Corps-managed areas, the Corps also maintains active lease agreements with the Kansas Department of Wildlife, Parks and Tourism; the City of Lawrence; and private entities. The lessees provide a full range of marina services, sports fields, recreational opportunities, and camping to the public.

Additional services contracted to the private sector include mowing, refuse collection, facility cleaning, and park attendant. The Corps manages the contracts and conducts inspections to insure that the services are provided for visitors to the lake. Any award(s) made from this solicitation will be Firm-Fixed-Price, performance-based service contract(s).

C.1.2 Scope of Work

The Contractor shall provide all labor, equipment, fuel, materials and supplies, and supervision necessary to accomplish vegetative management services at the Administration Area, Dam Area, Outlet Park, Overlook Park, Rockhaven Park, Woodridge Park, Coon Creek Viewing Area, Bloomington East Park, and Bloomington West Park of the Clinton Lake in Douglas County, Kansas. Services shall be completed as described in this Performance Work Statement (PWS) and elsewhere in the contract.

The Contractor shall perform tasks listed in Section C-10. Acceptable performance standards and current regulations are provided for each task. The Contractor shall monitor performance and ensure compliance in accordance with the terms and conditions.

C.1.2.1 Dates and Hours of Performance: The Base year contract will start on June 22 and run through 30 September, both of the option years, the period of performance will be from 1 April to 30 September for each option year during this contract. All work shall be performed Monday through Thursday between the hours of 7:00 a.m. and 7:00 p.m. and Friday between the hours of 7:00 a.m. and 12:00 p.m. No work will be performed on weekends or holidays. Each individual work item shall be performed pursuant to the schedule for that work item set forth in Section C-5. Services rendered outside the time periods specified shall not be compensated unless specifically approved in writing by the Contracting Officer or his authorized representative.

C.1.2.2 Pre-Award Site Visit: During open period for proposals, it is highly recommended contractor representative schedule site visit to better understand scale of work to be accomplished.

C.1.3 Post-Award Conference

After award, but prior to commencement of work, the Contractor shall contact the Contracting Officer’s Representative, to arrange a mutually agreeable time to meet at the Clinton Project Office to review the contract requirements and details of the work.

C.1.4 Quality Control

C.1.4.1 The Contractor will develop a Quality Control Plan designed to demonstrate how the Contractor will meet the needs of the project. The Quality Control Plan will document how well the Contractor is meeting these needs and will be submitted for approval prior to work on this contract.

C.1.4.2 An inspection system covering all work tasks stated in the contract to include supplies. Said inspection system shall include a check-off sheet for personnel to fill out each time an area is sprayed. It shall specify areas to be sprayed and inspected on a per-spraying basis and satisfaction of compliance by Corps quality assurance personnel.

C.1.4.3 A method of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable. The contractor shall use process control procedures and quality data analysis techniques.

C.1.4.4 Corrective action procedures for deficiencies and measures to prevent recurrence: The corrective actions will address the deficiency and an action to prevent future deficiencies. Additional inspection(s) is/are not considered a corrective action.

The Quality Control Plan shall be evaluated for adequacy and changed or updated by the contractor as a part of all corrective actions by the contractor.

C.1.5 QUALITY ASSURANCE

C.1.5.1 Quality Assurance Surveillance Plan: A Quality Assurance Surveillance Plan (QASP) will be used during the life of the contract to ensure that the Service Provider is performing the services required by this PWS in an acceptable manner. The Government develops the QASP and the Project Office administers the Plan through Quality Assurance Evaluators (QAEs).

C.1.5.2 The government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract.

The government will perform inspections and tests in a manner that will not unduly delay the work.

C.1.5.3 Contractor understands that the QASP is solely for the benefit of the Government in ensuring the contractor completes its required work in accordance with this contract. Government officers shall never exercise supervision over the contractor’s employees and any defects noted shall be brought to the attention of contractor’s designated representative. Failure of the Government to identify a defect shall not constitute waiver of the Government’s rights concerning that defect.

C.1.5.4 In the event of unsatisfactory performance of specified work, the Contractor may be directed to re-perform the unsatisfactory services at no additional cost to the Government. Re-performance as directed by the Government shall be completed within two (2) days. Failure of the Contractor to perform the work as specified, or to re-perform work as directed within the allotted time, may result in reduction of the contract price in proportion to the portion(s) of the work not accomplished. Amounts to be withheld will be determined by prorating the amount of services satisfactorily performed against the amount of services required. When the defects in services cannot be corrected by re-performance, the government may (1) require the contractor to take necessary action to ensure that future performance conforms to contract requirements;

and (2) reduce the contract price to reflect the reduced value of the services performed.

Payment will not be made for work not performed or not performed to standard.

Payment will be made when spraying(s) and inspection(s) is/are completed. It will be the Contractor’s responsibility to ensure that the 96% control level is achieved prior to the submission of the invoice to the Clinton Project Office. Payment will not be made until it is mutually agreed that the control level has been met. If the contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the government may: (1) by contract, or otherwise, perform the services and charge to the Contractor any cost incurred by the government that is directly related to the performance of such service or

(2) terminate the contract in whole or in part.

C.1.5.5 Performance by Third Party or Government Personnel: In addition to the above remedies for nonperformance, the Government reserves the right to cause the specified work to be performed by a third party or Government personnel and the cost incurred thereby will be levied against the Contractor. Any time Government personnel are used because of Contractor’s nonperformance, the cost levied against the Contractor will include all direct costs associated with the performance of the specified work. Government personnel will be used only when time is of the essence and the interests of the Government would not be served by securing a third party to perform the specified work.

C.1.6 Coordination with the Project Office

C.1.6.1 As each item of work is completed, the Contractor’s representative at the job shall enter the time that the item of work was completed on a Contractor’s Daily Worksheet (See example, Section C.11.2). Completed and signed worksheets shall be delivered to the Contracting Officer’s Representative (or his/her designee) each day services are performed.

C.1.6.2 Day-to-day contact with Government personnel and telephone communication shall normally provide adequate information exchange. The Government reserves the right to schedule meetings at the Project Office as necessary to insure strict compliance with the terms of this contract. Such meetings shall be scheduled, to the extent possible, at mutually convenient times. However, upon notice, the Contractor shall attend meetings regarding matters affecting this contract and the time spent in such meetings shall be at no additional charge to the Government.

C.1.6.3 To assist the visiting public in reclaiming lost articles, all property left by visitors and found during spraying operations shall be turned in to the Project Office.

C.1.6.4 Any evidence of vandalism, instances of facilities not operating properly, or are in need of repair, shall be promptly reported to project personnel.

C.1.7 Insurance: In accordance with FAR 52.228-5, Insurance-Work on a Government Installation, the contractor shall obtain and maintain the following insurance policies during the period of performance under this contract and shall provide proof of insurance to the Contracting Officer’s Representative prior to commencement of duties:

Worker’s Compensation Coverage complying with applicable State Statute Employer’s Liability Minimum amount of $100,000 per occurrence Commercial General Liability Minimum amount of $100,000 per person, $300,000 per occurrence for bodily injury, & $20,000 per accident for property damage.

Motor Vehicle Liability Minimum amount of $100,000 per person, $300,000 per occurrence for bodily injury, & $20,000 per accident for property damage.

NOTE: Coverage required (above) are minimums. If higher limits of coverage are required by state statute, the contractor shall be responsible for obtaining such additional coverage.

C.1.8 Licensing: It shall be the responsibility of the Contractor to comply with all Federal, state, and local laws governing health, training, operational, and licensing requirements as may be applicable and required for application of commercial pesticide (including OSHA

Hazard Communication Standard 29 CFR 1910.1200).

The Contractor's employee applying chemicals under this contract shall possess an appropriate COMMERCIAL APPLICATOR'S LICENSE acceptable to the state in which work is to be accomplished. However, an applicator may be unlicensed if allowed by law and if closely supervised by an immediate, onsite supervisor who is licensed in accordance with the above requirement.

C.1.9 Contractor Personnel

C.1.9.1 All Contractor personnel shall be fully clothed, at all times, while performing these services. “Fully clothed” shall be deemed to mean that a shirt (or T-shirt), trousers and shoes shall be worn at all times, except that this requirement shall not be construed to replace or eliminate the necessity for the wearing of appropriate protective clothing or devices as may be required for the application of various chemicals.

Clothing shall be clean and neat in appearance.

C.1.9.2 Contractor personnel shall utilize tact, diplomacy, and courtesy at all times during contact with the public. The contractor or any of his or her employees shall not consume any alcohol or drugs (except prescription drugs) during duty hours or within the eight (8) hour period next preceding duty hours.

C.1.9.3 The Contractor shall designate, in writing, a responsible member of each work crew who shall serve as the contact for matters involving quality and performance of the required work assigned to that crew. The employee(s) designated in accordance with the above requirement shall be qualified and fully competent and shall insure that the work described herein is performed in accordance with these specifications. The Contractor shall furnish the above written designation to the Contracting Officer’s Representative at the project the first day that an individual is a “responsible party.” The designation shall include the name(s), address(es), and telephone number(s) of the responsible individual(s).

C.1.9.4 Employee Qualifications; Background Checks: Only U.S. Citizens, lawful resident aliens, and persons holding a valid work visa are permitted to work on this contract. The contractor shall submit to the Corps the names of each foreign national proposed for performance under this contract/task order, along with documentation to verify that he/she was legally admitted into the United States and has authority to work in the U.S. All contractor employees and subcontractors will also submit to the Contracting Officer’s Representative a background check investigation prior to beginning work.

C.1.10. Safety Requirements Prior to beginning work on the Contract, the Contractor shall have an approved Accident Prevention Plan. This plan shall be in accordance with the most recent EM 385-1-1 (See Section C.11 Applicable Forms and Publications). The plan is intended to be a viable document and enhance the safety of Project staff and visitors. The Contractor will be expected to take a vital interest in safety, hazard, and educate their employees to work and plan their work safely. Proper driving techniques and defensive driving will be practiced to prevent vehicle accidents and property damage. All vehicles will comply with all local, state and federal laws and be operated on roadways at all times.

C.1.11 Required Submissions: The Contractor shall submit the following documents to the Contracting Officer's Representative at the Project Office:

(1) Insurance: Proof of requirement insurance in the form of a copy of the insurance policy or a binder issued by the insurer, to be delivered no later than the pre-work conference or prior to the start of the contract period.

(2) Licensing: Proof of proper licensing, to be delivered no later than the start of the contract period.

(3) Chemical Labels: A label for each chemical being utilized under this contract, to be delivered no later than the pre-work conference.

(4) OSHA Compliance: Evidence of compliance with OSHA Hazard Communication Standard 29 CFR 1910.1200, to be delivered not later than the pre-work conference, as follows:

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

(b) Safety Data Sheets (SDS's) for all materials listed in the inventory.

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

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

(5) Designation of "responsible party" in accordance with C.1.9.3.

(6) Background checks and proof of authority to work in the U.S. for all proposed employees in accordance with C.1.9.4.

The Contractor will NOT be allowed to proceed on this contract until all the above-required submissions have been furnished.

C.2.0 Identification of Contractor Personnel: Two types of identification are required for each employee and subcontractor who will provide services on the contract: (a) a tamper-proof laminated identification card that identifies the name of the contractor’s company, a clear employee photograph at least 1 by 1 ¼ inches, the employee’s typed name, signature, date of birth, eye color, sex, height, and weight, and the signature, date and phone number of the company representative issuing the card, and (b) a valid

U.S. Photo ID that shows the individual’s name, photograph, and signature; acceptable photo IDs include American driver’s license, State identification cards, passports, and resident alien cards (green cards). The company ID shall be worn in a conspicuous place and both types of ID shall be carried on the person of the employee and made available for inspection, upon request by any Government representative or member of the public.

C.2.1 Other Contractors The Government may undertake or award other contracts for additional work, and the Contractor shall fully cooperate with such other contractors and Government employees. All work must be carefully planned and fitted not to interfere with such other work. The Contractor shall not commit or permit any act that will interfere with the performance of work by other contractors or by Government employees.

C.2.2 ANTITERRORISM/OPERATION SECURITY REQUIREMENTS

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

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

The Contractor must pre‐screen candidates using the E‐verify Program (http://www.dhs.gov/E‐Verify) website to meet the established employment eligibility requirements. The vendor must ensure that the candidate has two valid forms of government issued identification to ensure the correct information is entered into the E‐ verify system. An initial list of verified/eligible candidates must be provided to the COR no later than 3 business days after the initial contract award.

Per the E-Verify Website the following exemptions apply:

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

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

C.3 Definitions

ALP: Acceptable Level of Performance

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

Fully-Clothed: Deemed to mean that a sleeved shirt (or T-shirt), trousers, and shoes shall be worn at all times. Clothing shall present a professional appearance and shall not be ripped, torn, or dirty. Clothing shall also contain logos or badges that clearly identify the wearer as a contractor employee. These requirements shall not be construed to replace or eliminate the necessity for the wearing of appropriate protective clothing or devices as may be required for the application of various chemicals.

PWS: Performance Work Statement

Quality Assurance (QA): A method used by the Government to provide some measure of control over the quality of purchased goods and services received.

Quality Control (QC): A method used by the Contractor to control the quality of goods and services provided.

Vegetative Free: An area is considered vegetative free if 95% of all plants within a treated area die within 5 days after application of herbicide.

C.4 Government-Furnished Materials and Supplies: The Government will furnish the following consumable items to the Contractor. The Government will retain control of expendables, to be dispensed on an as-needed basis for use in performance of the contract.

1. Water for Tank Filling

2. Contractor Daily Worksheets

3. Herbicide Application Report Form

C.5 Contractor-Furnished Equipment and Supplies

The Contractor shall furnish all equipment and supplies to execute this contract that are not specifically identified in Section C.3 of this PWS as Government-Furnished supplies and equipment or specifically identified in the section. Equipment breakdown shall not relieve the Contractor of the responsibility of performing the work as specified. It shall be the responsibility of the Contractor to assure that he/she has, or can obtain on short notice, sufficient backup equipment to continue the services as specified without interruption in the event of mechanical failure of his primary equipment.

C.6 Specific Tasks

C.6.1 General Information The Contractor shall provide all manpower, equipment, fuel, tools, materials and supplies, and supervision and other items and service necessary to perform all tasks and functions identified in the section except as specified in Section C.4 as Government Furnished equipment and supplies.

C.6.1.2 The Contractor shall establish a work schedule indicating the days and hours during which services will be performed on a regular basis. The schedule shall be submitted in writing to the Contracting Officer or his authorized representative for approval no later than the first week of work. Changes in the approved schedule shall be submitted for approval prior to implementing the change.

C.6.1.3 Apply herbicide to all areas listed under the Herbicide Application sites. In most cases, the end result should be a clean, vegetative free area.

C.6.1.4 The Contractor will be responsible for selecting the appropriate herbicide to be used based on site location, proximity to the public, environmental concerns, target species, and best commercial practices. All herbicides shall be approved by U.S.

Environmental Protection Agency (EPA) and the State of Kansas, and shall be approved by the COR prior to application. Information in the form of labels and brochures will be provided to the government regarding the chemical(s) to be used prior to application. Biodegradable blue dye will be used as a marker.

C.6.1.5 The Contractor shall provide and maintain at least a 96% vegetative free control of all serviced areas during the growing season (April through September). Should the level of control fall below 96%, the Contractor will be responsible for the retreatment of the subject area(s) to achieve the desired result at no additional cost to the Government. It is the obligation of the Contractor to make sufficient site visits to verify results throughout the growing season and performance periods.

C.6.1.6 The serviced areas will present a neat, even kill of all target species. Spray patterns will provide an even border between treated and untreated areas. A 1-foot (approx.) vegetative free border will be left around all hard-surfaced or rocked facilities (i.e. pads, parking lots, etc.).

C.6.1.7 There will be no work on days when the wind exceeds 15 mph in developed areas or when wet weather could affect the application. It will be the Contractor’s responsibility to check with the project office regarding weather conditions prior to application. The Government reserves the right to halt spraying operations should weather conditions, in the opinion of the COR, warrant.

C.6.1.8 The Government will provide water, at specified locations, for tank filling. The Contractor will provide hoses and backflow-preventers. Clean out of chemical tanks and disposal of chemical containers will not be permitted on Government property. The Contractor will have spill kits available on all vehicles used on Government property that will insure adequate coverage of the type and quantity of chemical(s) used. Contractor employees will be trained in the use of these kits and are expected to aggressively implement their use in the event of a spill.

C.6.1.9 The Contractor will be responsible for any damage to non-target species. The Contractor shall replace any non-target species accidentally killed with an equivalent plant or tree as approved by the Contracting Officer, and shall plant the replacement and provide a one-year guarantee of survival of the replacement.

C.6.1.10 The Contractor will complete an herbicide application report form (furnished by the Government) after all chemical applications whether initial or follow-up. Payment will not be made until the completed forms are provided.

C.6.1.11 In the event that an area is missed or is not serviced, the Contractor agrees to return and re-perform the unsatisfactory or missed services immediately upon receipt of notice from the Contracting Officer or his representative.

C.6.1.12 Services shall be performed so as to provide the desired vegetation-free appearance during the growing season (1 April through 30 September). Application of pre-emergent may begin as early in the year as weather conditions allow.

C.7 Inspection and Sampling Prior to beginning each item involving chemical application, the Contractor (or his authorized representative) shall notify the Contracting Officer Representative of the times he will begin mixing and applying chemicals (in order to permit inspection by Government personnel of the mixing and application methods).

C.8 Alternate Chemicals, Rates of Application or Mix Ratios Application of chemicals shall be in accordance with label direction for the material used. When other than anticipated pests or disease is encountered, or when it is the professional opinion of the Contractor that the use of different mix ratios, rates of application, or chemicals other than those specified will produce better results, the Contractor may request permission for their use. Any such request shall be in writing and shall specify the chemical, its uses, rates of application and cost. A label for the requested chemical shall be furnished with the Contractor’s request. Requests shall be submitted to the Project Manager at least 30 days prior to intended use. If granted, permission for the use of an alternate mix ratio, rate of application, or chemical will be in writing from the Contracting Officer or his authorized representative. Chemicals, rates, or mixture ratios other than those specified will not be used in the absence of the above-specified request and approval. When the use results in an increase or decrease in Contractor cost or time, an equitable adjustment will be made to the contract price, through the issuance of a contract modification.

C.9 Measurement Exact limits of chemical application shall be as directed by the Contracting Officer or his designated representative at the Project. All acreages and quantities are approximate.

It shall be the responsibility of the Contractor to determine exact quantities and conditions affecting performance of this work.

C.10 Coverage Bid items indicating “full coverage” shall receive chemical treatment of the entire area.

Bid items indicating “spot treatment” shall receive chemical treatment of targeted vegetation only.

C.11 Performance Requirements Summary

Required Service Standard Performance Requirements

(Acceptable Level of Performance)

Method of Surveillance

Quality Control Refer to C.1.4 96% Compliance

(4% maximum defective allowed)

-Periodic Inspection by Government

–Public Visitor

Complaint

Specific Tasks Refer to C.6 99% Compliance

Safety Refer to C.1.10 96% Compliance

C.12 Service Facilities/Areas

Dam and Outlet Area:

1. Spot treatment of vegetation in riprap on face of dam, from water line to guardrail the full length of the dam.

2. Toe drains, grouted gutter, and other rock and concrete structures on downstream side of dam between guardrail and toe road

3. Guardrail along upper dam road

4. Tower dam parking lot and parapet wall

5. Outlet structure perimeter fence and impact area

6. Outlet stilling basin grouted riprap and outlet channel riprap running from spillway road and downstream

7. Outlet north parking lot (including curb stops and guardrails)

8. Outlet south parking lot (including curb stops and guardrails)

9. Restroom (x1) parking area and impact pad

10. Fishermen’s parking lot running parallel to Wakarusa River in north outlet day use area

11. South Dam access road shoulders Includes Dam Road gate and rock entrance sign at County Road 458 intersection, rocked road shoulders from County Road 458 along North 1150 Road to guard rails on south end of Dam.

12. North Dam access rocked road shoulders from intersection of East 900 Road and North 1402 to guard rails on north end of Dam to include ditch liner on west side from pedestrian trail crossing north to end of lined ditch.

13. Lower Toe Road / East 902 Road rocked shoulder sprayed only on west side of road from guard rail on North end of Dam following East 902 Road 1.8 miles to the south.

14. Base of all signposts and Instrumentation pipes (12 inch diameter at base of all posts)

Administration Area:

1. Visitor Center rock perimeter on backside of building, parking lots (including curb stops) and rocked shoulders along entrance drive

2. Maintenance compound perimeter fencing, parking lots (including curb stops) and sidewalks

3. Weather station

4. Gravel parking lot between maintenance compound and visitor center

5. Core Yard public gravel parking lot and dumpster impact pad, Core Yard storage area, and surrounding fence

6. Lagoon fence (lagoon access within Core Yard storage area, at east end)

7. Base of all signposts (12 inch diameter at base of all posts)

8. Administration Entrance Road rocked shoulders from East 900 Road to Overlook entrance gate.

Overlook Park:

1. Restroom (x2) parking areas, impact pads, and sidewalks

2. Sand volleyball courts (x2) and borders, playground borders, horseshoe pits, and any sand play areas

3. Softball field backstop

4. Shelters (x2), parking lots, sidewalks and water spigots.

5. North Shore Trails trailhead parking lot, information board, and bicycle repair station

6. Anchored picnic tables, firerings, and pedestal grills

7. All rocked roadside shoulders and parking area’s on North 1402 road in Overlook park.

8. Observation point parking lot area and sidewalk.

8. Base of all signposts (12 inch diameter at base of all posts)

Rockhaven Park:

1. Day use parking area (including curb stops)

2. Campground perimeter fencing

3. Restroom (x2) parking areas, impact pads, sidewalks, and trash containment areas

4. Shelter, sidewalks, playground borders, and playground impact area

5. Campsites, firerings, pedestal grills, tie-out poles, and impact areas

6. Manure bunkers (x2), propane tank, water spigots, storage shed, and well house

7. Base of all signposts (12 inch diameter at base of all posts)

Woodridge Park:

1. Restroom parking area, impact pad, and trash containment area

2. Firerings

3. Perimeter fencing

4. Anchored picnic tables

5. Base of all signposts (12 inch diameter at base of all posts)

Bloomington East Park:

1. Entrance self-pay station and dump station

2. Cedar Ridge Campground

- Fee Booth

- Playground border and impact area

- Campsites, firerings, pedestal grills, and impact areas

- Restroom/Showerhouse (x4) parking lots, sidewalks, and impact areas

- Water treatment plant parking area, storage, and impact area

- Trash containment areas and water spigots

- Entrance\Exit gates and fencing

3. Hickory/Walnut Campground

- Fee Booth

- Playground border and impact area

- Campsites, firerings, pedestal grills, and impact areas

- Restroom/Showerhouse (x5) parking lots, sidewalks, and impact areas

- Trash containment areas and water spigots

- Entrance\Exit gates and fencing

4. Oak/Ash/Elm Campgrounds

- Campsites, firerings, pedestal grills, and impact areas

- Sand volleyball courts (x2) and horseshoe pits

- Shelters (x2) and impact area

- Restroom (x3) parking lots, sidewalks, and impact areas

- Trash containment areas and water spigots

- Entrance\Exit gates and fencing

5. Bloomington Day Use Area

- Beach playground (x1) border and impact area

- Swimming Beach sidewalks, outdoor showers, play equipment and

- Shelters (x4), pedestal grills, sidewalks, and impact areas

- Anchored picnic tables and pedestal grills

- Restroom (x5) parking lots, sidewalks, and impact areas

- Boat ramp parking lots (x4) (including curb stops) and all riprap around boat ramp (minimum 15’ from edge of ramp lanes the length of the lane to water’s edge)

- ADA accessible fishing dock parking lot and sidewalk

- Anchored trash cans, anchored benches, and water spigots

- Entrance\Exit gates and fencing

6. Lift stations (x2) and transformers

7. Disc golf pads (x18), including benches and trash receptacles

8. Perimeter of water tower (tower located at west end of Cedar Ridge Campground)

9. Lagoon fence (lagoon access located at west end of Cedar Ridge Campground)

10. Base of all signposts and campsite marker posts (12 inch diameter at base of all posts)

Bloomington West

1. Day use parking area (including curb stops)

2. Campground entrance fencing

3. Restrooms (x2), parking areas, impact pads, sidewalks, and trash containment areas

4. Shelter, sidewalks, playground borders, and playground impact area

5. Propane tank

6. Boat Ramp 4 guard rail, launch area and riprap.

7. Base of all signposts (12 inch diameter at base of all posts)

Coon Creek Viewing Area

1. Parking area and perimeter fencing

2. Base of all signposts (12 inch diameter at base of all posts)

C.12 Applicable Publications and Forms

C.12.1 Information on Clinton Lake can be found on the Internet at:

www.nwk.usace.army.mil/locations/district-lakes/Clinton-Lake

C.12.2 Contractor’s Daily Worksheet:

Pesticide Use Report

Date:

Applicator:

Applicator Certification #:

Type of Chemical Sprayed:

Amount of Chemical Sprayed:

Location of Area Sprayed:

Target of Spraying:

C.12.3 OSHA Hazard Communication Standard 29 CFR 1910.1200

C.12.4 Engineer Manual (EM) 385-1-1 (Safety)

The above referenced manuals are hereby incorporated by reference and the contractor is required to perform this contract in accordance with the standards set forth therein.

(End of Performance Work Statement)

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

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

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 22-JUN-2023 TO

31-MAR-2024

N/A USACE, KANSAS CITY +

BRIAN TURK

CLINTON LAKE PROJECT OFFICE 872 N

1402 RD

LAWRENCE KS 66049-9048

(816) 389-3647

966246

1001 POP 01-APR-2024 TO

31-MAR-2025

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-APR-2025 TO

31-MAR-2026

N/A (SAME AS PREVIOUS LOCATION)

Section H - Special Contract Requirements

WAGE RATES

https://sam.gov/wage-determination/2015-5335/20

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2022

52.217-5 Evaluation Of Options JUL 1990 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-19 Compliance with Environmental Management Systems MAY 2011 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

JAN 2023

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

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

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

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

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

___ (5) [Reserved]

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

C).

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

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

XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

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

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

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

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

xx (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

xx (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

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

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

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

____ (v) Alternate IV (SEP 2021) of 52.219-9.

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

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

XX (19) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (20) 52.219-16, Liquidated…