B.08.03 23 Q 1047 sol.pdf

Section A - Solicitation/Contract Form

SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart

12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation, proposals are being requested and a written solicitation will not be issued.

The solicitation number for this acquisition is W912DQ-23-Q-1047 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) 2023-01.

This RFQ shall be set aside for small businesses and the associated North American Industry Classification system (NAICS) code is 561730, “Landscaping Services” and the business size standard is $8,500,000.00.

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 prospective Offeror’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 new registration are also located at the following link https://www.sam.gov/sam/transcript/Quick_Guide_for_Contract_Registrations_v1.7.pdf to register.

If you have questions about Government procurements in general or need assistance in the preparation of your proposal, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org/sam-registration/ THIS A FREE SERVICE BY A NON PROFIT PAID FOR BY THE US GOVERNMENT

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 8 Job Vegetative Services Base Year

FFP

The contractor shall provide all personnel, equipment, tools, supervision, and other items and services necessary to ensure that vegetative management and pest management as defined in the Performance Work Statement (PWS).

FOB: Destination

PSC CD: F014

NET AMT

0002 1 Job OPTION Pre-Emergent Option Base Year

FFP

The contractor shall provide all personnel, equipment, tools, supervision, and other items and services necessary to complete all of the requirements as defined in the Pre-Emergent Option.

1001 8 Job OPTION Vegetative Services Option year 01

FFP

The contractor shall provide all personnel, equipment, tools, supervision, and other items and services necessary to ensure that vegetative management and pest management as defined in the Performance Work Statement (PWS).

1002 1 Job OPTION Pre-Emergent Option, Option Year 01

FFP

The contractor shall provide all personnel, equipment, tools, supervision, and other items and services necessary to complete all of the requirements as defined in the Pre-Emergent Option.

2001 8 Job OPTION Vegetative Services Option year 02

FFP

The contractor shall provide all personnel, equipment, tools, supervision, and other items and services necessary to ensure that vegetative management and pest management as defined in the Performance Work Statement (PWS).

2002 1 Job OPTION Pre-Emergent Option, Option Year 02

FFP

The contractor shall provide all personnel, equipment, tools, supervision, and other items and services necessary to complete all of the requirements as defined in the Pre-Emergent Option.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

KANSAS CITY DISTRICT CORPS OF ENGINEERS

PERFORMANCE WORK STATEMENT

Vegetation Management Services Pomona Project

1 March 2023

C.1 General Information

C.1.1 Background: Pomona Dam & Lake is located approximately 7 miles west of Pomona, Kansas and north of Kansas highway K-268. The dam was completed in 1963 and impounds approximately 70,000 acre-feet of water at normal pool. Recreational development at the Pomona Project includes 6 parks and access areas managed by the

U.S. Army Corps of Engineers. These park areas offer a wide variety of recreation facilities including boat launching ramps, campgrounds, picnic areas, a swimming beach, and an information center. Many of the routine maintenance activities are contracted to the private sector. Mowing, refuse collection, facility custodial services and vegetation management are some of the activities that may be performed by private contractors for the Corps.

C.1.2 Scope of Work: The contractor shall provide all manpower, equipment, fuel, tools, supervision and other items and services necessary to provide vegetation management services of public use areas at the Pomona Lake, near Pomona, Kansas as described in the attached performance work statement (PWS) and elsewhere in the contract.

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 Pomona Project Office to review the requirements and details of the work.

C.1.5 Quality Control:

C.1.5.1 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. The contractor must provide and maintain an inspection system acceptable to the government covering the services under this contract.

Complete records of all inspection work performed by the contractor must be maintained and made available to the government during contract performance.

C.1.5.2 The contractor shall designate, in writing, a responsible on-site representative of each work crew who shall serve as a contact for matters involving quality and performance of the required work assigned to that crew. The representative shall have the authority to correct performance issues. The Contracting Officer may disapprove any individual whom he considers to be incompetent to perform the work required. Such disapproval will be given to the contractor by written notice and the Contracting Officer’s decision shall represent a final decision.

C.1.5.3 The contractor shall furnish to the Operations Project Manager, a telephone number attended during normal business hours (7a.m.

- 4 p.m., CST) to which calls concerning performance or other contractual matters can be placed. For the purpose of time and date, a message will be deemed delivered to the contractor at such time as it is delivered to the number provided by the contractor.

C.1.5.4 If any of the services do not conform to contract requirements, the government may require the contractor to perform the services again in conformity with contract requirements at no increase in contract amount. 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.

C.1.5.5 If the contractor is unable to perform to the standard necessary, the government reserves the right to have the specified work performed by a third party or by government personnel and the cost incurred thereby shall be levied against the contractor. If 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 and the direct cost to the government for substitution of the government personnel removed from their normal duties. The cost is computed on an hourly basis at the applicable wage rate.

Government personnel will be used only when time is of the essence and the interests of the government would not be served by securing a third party to perform the specified work.

C.1.6 QUALITY ASSURANCE:

C.1.6.1 Quality Assurance Surveillance Plan: A Quality Assurance Surveillance Plan (QASP) will be used during the life of the contract to ensure that the contractor is performing the services required by this PWS in an acceptable manner. The government develops the QASP and the project office administers the plan through Quality Assurance Evaluators (QAE).

C.1.6.3 INSPECTION AND SAMPLING:

C.1.6.3.1 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 shall perform inspections and tests in a manner that shall not unduly delay the work.

C.1.6.3.2 Prior to beginning each item involving chemical application, the contractor (or his authorized representative) shall notify the

Contracting Officer’s Representative (COR) 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.1.6.3.3 The contractor shall, upon request by a government representative, provide a one-pint sample of the chemical being applied for testing of concentration and chemical analysis. Samples shall be obtained onsite from the contractor’s sprayer tank or spray nozzle (liquid applications) or spreader box (for dry applications).

C.1.7 Required Submissions:

C1.7.1 The contractor shall submit the following documents to the Contracting Officer’s Representative (COR) at the Project Office. The contractor will NOT be allowed to proceed on this contract until all the required submissions have been furnished.

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

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

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

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

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

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

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

d. Required Insurance: The contractor shall provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the below. Before commencing work under this contract, the contractor shall present to the Contracting Officer proof of the required insurance. If higher limits of coverage are required by state statute, the contractor shall be responsible for obtaining such additional coverage. Information regarding State requirements may be obtained by contacting:

IOWA: Iowa Insurance Division, 515-281-3089 KANSAS: Insurance Commissioner, Toll Free, 1-800-432-2484

Division of Workers Compensation, 913-296-3071 MISSOURI: Division of Insurance, 314-751-3365 NEBRASKA: State Insurance Department, 402-471-2201

C.1.7.2 The contractor (or his authorized representative) shall complete government- furnished pesticide application worksheets indicating amount and type of work accomplished, chemicals used, and other pertinent information. Completed and signed worksheets shall be delivered as directed by the Contracting Officer’s Representative.

C.1.8 ORDERING OF SERVICES:

C.1.8.1 Individual orders for required services will be issued by telephone to the contractor or his responsible individual and followed by confirmation in writing from the Contracting Officer or the Contracting Officer’s Representative. Telephone orders will be considered issued at such time as it is delivered to the telephone number provided by the contractor. The contractor shall commence the ordered service(s) within 48 consecutive hours after receipt of verbal telephone order or date specified in the order (whichever is later) and complete the work in the time specified. Once begun, work shall be accomplished in a continuous operation (day-to-day, except weekends and holidays) weather permitting.

C.1.8.2 The government may order any single item/sub-item individually, or any combination of items/sub-items per order, up to and including all items. However, no order shall be placed which totals less than one full workday. One workday shall be deemed to mean 8 man-hours for the purposes of this scope of work.

C.1.8.3 The government reserves the right to designate the starting point (area or items to be serviced first) when ordering services under this contract.

C.1.8.4 The contractor shall furnish to the Contracting Officer’s Representative, a telephone number attended during normal business hours (8 a.m. - 4:30 p.m., CST) to which calls concerning performance or other contractual matters can be placed. For the purpose of time and date, a message will be deemed delivered to the contractor, at such time as it is delivered to the number provided by the contractor.

C.1.9 Lost Articles, Vandalism, Facilities Malfunction: To assist the visiting public in reclaiming lost articles, all property left by visitors and found during contract operations shall be turned in to the Pomona Project Office. Any evidence of vandalism, instances of facilities not operating properly, or facilities in need of repair shall be reported to project personnel.

C.1.10 Safety Requirements:

C.1.10.1 Prior to beginning work on this contract the contractor shall have an approved Accident Prevention Plan. This plan shall be in accordance with the most recent EM 385- 1-1(See http://www.usace.army.mil). 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, hazards, 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.

C.1.10.2 In order to provide safety controls for protection to the life and health of employees and other persons; for prevention of damage to property, materials, supplies and equipment; and for avoidance of work interruptions in the performance of this contract, the contractor shall comply with all pertinent provisions of the Federal, State, and local regulations and shall take or cause to be taken such additional measures as the Contracting Officer may determine to be reasonable and necessary for this purpose.

C.1.10.3 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.1.10.4 All contractor vehicles shall be equipped with 4-way flashers and turn signals in operating condition. Flashers shall be activated when vehicles are parked on, or traveling slowly along roadways.

C.1.10.5 Any injury, property damage, equipment malfunctions, or safety hazard observed by the contractor shall be immediately reported to the project personnel.

C.1.10.6 Appropriate measures shall be taken to exclude the general public from areas actively being treated to prevent accidental exposure to chemicals being applied.

C.1.11 PERIOD OF PERFORMANCE:

C.1.11.1 This contract shall be effective on 1 March (or date of award, if later) and shall remain in full force and effect through 30

September.

C.1.11.2 Effective dates of full-year renewal options (if included and exercised) shall be from 1 October through 30 September of the following year.

C.1.12 TIME OF PERFORMANCE:

C.1.12.1 Services shall be as-ordered for the service period 15 March through 30 September. Work shall be performed on Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m. Work will not be permitted on Saturdays, Sundays or holidays unless written authorization is furnished by the COR.

C.1.12.2 All work shall be accomplished within the time frames specified above. Services rendered outside the time periods specified will not be compensated for unless specifically approved in writing by the COR.

C.1.12 The contractor shall exercise tact, diplomacy, and courtesy at all times during contact with the public.

C.1.13 Contractor Personnel: The contractor shall designate, in writing, a responsible on-site representative of each work crew who shall serve as a contact for matters involving quality, performance or nonperformance of the required work assigned to that crew.

In the absence of a designated on-site representative, or if the designated on-site representative is not present, the contractor warrants that any and all members of each work crew are qualified and fully competent to insure that the required work is performed in accordance with the Performance Work Statement.

C.1.14 SECURITY:

C.1.14.1 The contractor shall take reasonable measures to safeguard keys issued to them to perform the services required by this contract.

All keys shall be returned to the government upon request and/or completion of the contract. Failure to return keys can result in withholding of payment.

C.1.14.2 The contractor shall be responsible for opening and closing gates within the contract boundary areas. The contractor shall securely lock any gate that is opened by him/her, upon completion of the required work, or upon completion of the workday.

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

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

Full Coverage: Chemical treatment of the entire area.

Fully-Clothed: Deemed to mean that a sleeved shirt (or T-shit), 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.

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

Performance Requirements Summary (PRS): The PRS shows contract requirements, the component requirements related to each contract requirement, the price of each work requirement as a percentage of the associated contract requirement (Fixed Price Contracts), the standard of performance, and the acceptable quality level (AQL) for each work requirement.

Quality Assurance Surveillance Plan (QASP): An organized written document used by government for quality assurance surveillance.

Document contains sampling/ evaluation guides, checklists, and the performance requirements summary (PRS).

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

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

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

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

(b) Routine recurring maintenance of real property.

(c) Housekeeping and base services.

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

Spot Treatment: Chemical treatment of targeted vegetation only.

C.3 GOVERNMENT-FURNISHED MATERIALS AND SUPPLIES: The government will furnish the following consumable items to the contractor from stock. The government will retain control of expendables, to be dispensed on an as-needed basis for use in performance of the contract.

1) Pesticide Application Worksheets

2) Water (for mixing chemicals)

C.4 CONTRACTOR-FURNISHED EQUIPMENT AND SUPPLIES: The contractor shall furnish all equipment and supplies not identified in section C.3 of this PWS as Government-Furnished supplies and equipment and as specifically identified in this section. All contractor-furnished equipment and supplies must be approved by the COR prior to initial use.

C.5 PERFORMANCE REQUIREMENTS: The contractor shall provide a weed-free environment on treated areas during the growing season. The contractor shall determine the chemicals used and appropriate application. The contractor shall strictly follow label directions and/or warnings relative to temperature or other weather conditions. Care shall be exercised at all times by the contractor to protect desirable (non-targeted) species from damage by the required chemical application.

Chemicals shall not be applied in excess of the maximum rate shown on the manufacturer's label.

C.6 MEASUREMENT: Exact limits of chemical application shall be as directed by the Contracting Officer’s 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.7.1 TOTAL VEGETATION CONTROL:

The below listed public use and administration areas shall be treated for the control of grass and broadleaf weeds. The herbicide shall be ROUNDUP or RODEO (or chemical equivalent). The herbicide(s) shall be mixed and applied according to label directions to affect a total vegetative kill within 10 days of application The herbicide shall be mixed and applied according to label direction affect a total vegetative kill within 10 days of application. The areas that require a pre-emergent application will be indicated below:

C.7.1.1 CAMP PADS* AND PARKING LOTS*:

Public Use Area Pads Lots

Coon Creek Hill 0 1

Deer Creek Trail Parking lot 0 1

Management/Overlook 0 5

Outlet 34 8

Michigan Valley 62 12

Wolf Creek 83 10

110-Mile 0 2

Cedar 20 4

Carbolyn 27 5

TOTAL: 226 48

*Camp pad size varies but is normally spot spraying only.

approximately 25’ X 50’ and shall require perimeter and

*Some parking lots are paved and shall require perimeter and spot spraying only.

C.7.1.2 GUARDRAILS AND SIGNPOSTS:

The area under guardrails shall be sprayed to an approximate width of 2 feet for the entire length of the rail. All signposts shall be sprayed a distance of 1/2 foot from the post in all directions.

Estimated Area Length of rails, (feet) # of signs area (sq. ft.)

Michigan Valley 2,100 110 4,640 Entrance Road 760 10 1,560

Outlet Park 1,110 25 2,320 Management 1,450 30 3,020

Top of Dam 15,500 0 31,000

Wolf Creek 0 80 320 110-Mile 370 0 760

Carbolyn 0 22 88

TOTAL: 21,290 283 43,708 sq. ft.

1.0 acre (est.)

C.7.1.3 ROADWAYS:

The edges of the paved roadways shall be sprayed to eliminate vegetative growth within the fractured pavement and to extend up to 12 inches beyond the edge of the pavement. When possible, spraying should be done from road shoulder toward the road to avoid damage to turf outside of the target area.

Park areas

Estimated area (sq. ft.)

Top of Dam 31,000

Management 27,500

Outlet 22,500 Michigan Valley 38,200

Wolf Creek 20,000 Carbolyn 18,000 Total: 157,200 sq. ft., 3.6 acres (est.)

C.7.1.4 SHOWER*, SHELTER, RESTROOM BUILDINGS AND WATER FOUNTAINS:

The periphery of the shower and restroom buildings shall be sprayed to a distance of approximately 1 foot from the building.

*Several of the buildings may have a landscape mulch present requiring only spot spraying.

Park areas # of buildings area (sq. ft.)

Management/Overlook 3 300 Outlet 3 650

Michigan Valley 7 1300

Wolf Creek 7 850 110-Mile 0 0

Cedar 2 100

Carbolyn 2 100

Total: 23 3,300 sq. ft., 0.8 acres (est.)

C.7.1.5 ADMINISTRATION AREA:

Areas Estimated area (sq. ft.)

Admin Compound area and Driveway (perimeter fence and spot spraying) 5,500 Equipment Storage Compound 32,000 Storage Barn Area 16,000 Total: 42,700 sq. ft., 1.2 acres (est.)

C.7.1.6 SWIMMING BEACH AREA: A tank mix of RODEO herbicide will be ordered for application to the sanded swimming beach area in Michigan Valley Park to eliminate all vegetative growth.

Estimated area: 93,700 sq. ft., 2.2 acres (est.)

C.7.1 TOTAL VEGETATION CONTROL AREA: 15.5 acres (est.)

C.7.2 DAM MAINTENANCE:

C.7.2.1 DAM TOE AND ABUTMENT DRAIN: A tank mix of Roundup herbicide will be ordered for application to rock areas. This herbicide shall be mixed according to label directions and shall be applied at the highest suitable rate in order to effect a total vegetative kill within 10 days and control new growth.

Estimated area: 77,000 sq. ft. 1.8 acres

C.7.2.2 RIP-RAP AND ROCKED AREAS: A tank mix of RODEO herbicide will be ordered for application to the rip-rap covered front slope of the dam, outlet channel, the marina breakwaters (in Michigan Valley Park) and the boat ramp areas. This area shall require spot spraying only*. This herbicide shall be mixed according to label directions and shall be applied at the highest suitable rate in order to affect a total vegetative kill within 10 days.

Coon Creek Causeway 1.9 acres Total Front slope Area: 35.0 acres Total Outlet Channel Area: 1.8 acres Total area of the breakwaters: 0.9 acres Boat ramp areas 0.8 acres *(Estimated area-requiring control: 3-4 acres)

C.7.3 TREE AND SHRUB MAINTENANCE:

C.7.3.1 HERBICIDE AROUND TREES AND SHRUBS:

A tank mix of ROUNDUP herbicide shall be applied at the base of trees and shrubs located within the below listed public use and administration areas for the control of grasses and weeds. All applications are to be applied in a manner to eliminate all vegetative growth within 12 inches of the trunks of target trees within the mowed areas. The pesticide(s) shall be mixed and applied according to label directions to affect a total vegetative kill within 10 days of application. Care shall be taken to avoid contact of herbicide solution, spray, drift, or mist with foliage or green bark of trunk, branches, suckers, fruit, or other parts of trees or shrubs. Contact of herbicide with other than matured brown bark can result in serious damage to trees and shrubs. Any invading grasses or weeds within the canes of shrubs shall be removed by hand.

C.7.3.1 HERBICIDE AROUND TREES AND SHRUBS: (continued)

Public Use Area Estimated No. Trees

Management/Overlook/Admin 200 Carbolyn 450

Cedar 90

Michigan Valley 700

Outlet 423 Wolf Creek 400 Total: 2,263

C.8 OPTIONAL PRE-EMERGENT CHEMICAL APPLICATION: Pre-emergent application shall be as ordered for the service period 1 March through 30 March of every contract year. The Chemical used shall be Barricade, Resolute, or Goal (or chemical equivalent). The herbicide shall be mixed and applied according to label direction affect a total vegetative kill within 10 days of application. The areas that require a pre-emergent application will be indicated in the CLIN.

C.8.1 ALTERNATE CHEMICAL RATES OF APPLICATION OF MIX RATIO: Application of chemicals shall be in accordance with label directions 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 Contracting Officer’s Representative 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.

C.8.2 The contractor shall comply with all Federal, state, and local laws governing health, training, operational and licensing requirements as may be applicable and required for application of commercial pesticide (including OSHA Hazard Communication Standard 29 CFR 1910.1200).

C.8.3 The contractor’s employee applying chemicals under this contract shall possess a COMMERCIAL APPLICATOR’S

LICENSE acceptable to the state in which work is to be accomplished; OR in lieu thereof (unless otherwise prohibited) applicator may be unlicensed, if he is closely supervised by an immediate supervisor licensed in accordance with the above requirement.

C.9 Applicable Publications and Forms

C.9.1 MAP: Information on Pomona Lake can be found on the Internet at http://www.nwk.usace.army.mil/pomona/pomona_home.htm.

C.9.2 On-line version of Engineer Safety Manual (EM) 385-1 may be found at http://www.usace.army.mil

C.9.3 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.

Technical Exhibit 1: Completion times Item No.(s) Description No. of Hours To Complete Order

C.7.1.1 Camp pads and parking lots 3 days

C.7.1.2 Guardrails and sign post’s 1 day

C.7.1.3 Roadways 1 day

C.7.1.4 Privy and water fountain footpaths ½ day

C.7.1.5 Administration area 2 hours

C.7.1.6 Swimming beach area 2 hours

C.7.2.1 Dam toe and abutment drain, front slope, 2 days Outlet channel, breakwaters, and boat ramps

C.7.3.1 Herbicide around trees and shrubs 2 days

Performance Requirements Summary (PRS)

Section (Para)

Contract Requirement

Performance Standard Lot Description

ALP

Method of Surveillance

C.5.3

Total Vegetation Control for inanimate objects weed free environment , timely performance per Technical Exhibit #1

Acre, # areas serviced

5%

Random Sample

C.5.4

Riprap and slope protection areas elimination of all vegetation

# riprap areas & dam slopes

C.5.5

Gravel, paved and surfaced areas elimination of all vegetation

# areas

C.5.6

Switchyard

Eliminate all vegetation in switchyard, transformer yards and a 10-foot area outside security fence

Switch yard

Performance Requirements Summary (PRS)

Section (Para)

Contract Requirement

Performance Standard Lot Description

ALP

Method of Surveillance

C.5.7

Lagoons

Eliminate aquatic vegetation

# Lagoons or # Acres

Random

PRE-EMERGENT OPTION

Contract Option with Pre-emergent Application Pre-emergent application shall be as ordered for the service period 1 March through 30 March of every contract year.

The Chemical used shall be Barricade, Resolute, or Goal (or chemical equivalent). The herbicide shall be mixed and applied according to label direction affect a total vegetative kill within 10 days of application. The areas that require a pre-emergent application will be indicated below:

C.7.1.1 CAMP PADS* AND PARKING LOTS

Public Use Area Pads Lots

Coon Creek Hill 0 1

Deer Creek Trail Parking lot

0 1

Management/Overlook 0 5

Outlet 34 8

Michigan Valley 62 12

Wolf Creek 83 10

110-Mile 0 2

Cedar 20 4

Carbolyn 27 5

TOTAL: 226 48

*Camp pad size varies but is normally spot spraying only.

approximately 25’ X 50’ and shall require perimeter and

*Some parking lots are paved and shall require perimeter and spot spraying only.

C.7.1.2 GUARDRAILS AND SIGNPOSTS

The area under guardrails shall be sprayed to an approximate width of 2 feet for the entire length of the rail. All signposts shall be sprayed a distance of 1/2 foot from the post in all directions.

E stimated Area Length of rails, (feet) # of signs area (sq. ft.)

Michigan Valley 2,100 110 4,640

Entrance Road 760 10 1,560 Outlet Park 1,110 25 2,320 Management 1,450 30 3,020 Top of Dam 15,500 0 31,000

Wolf Creek 0 80 320 110-Mile 370 0 760 Carbolyn 0 22 88

TOTAL: 21,290 283 43,708

sq. ft.

1.0 acre (est.)

C.7.1.3 ROADWAYS

The edges of the paved roadways shall be sprayed to eliminate vegetative growth within the fractured pavement and to extend up to 12 inches beyond the edge of the pavement.

Park areas area (sq. ft.)

Top of Dam 31,000 Management 27,500 Outlet 22,500 Michigan Valley 38,200 Wolf Creek 20,000 Carbolyn 18,000

Total: 157,200 sq. ft., 3.6 acres (est.)

C.7.1.4 SHOWER*, SHELTER, RESTROOM BUILDINGS AND WATER FOUNTAINS

The periphery of the shower and restroom buildings shall be sprayed to a distance of approximately 1 foot from the building.

*Several of the buildings may have a landscape mulch present requiring only spot spraying.

Park areas # of buildings area (sq. ft.)

Management/Overlook 3 300 Outlet 3 650 Michigan Valley 7 1300 Wolf Creek 7 850 110-Mile 0 0 Cedar 2 100 Carbolyn 2 100

Total: 23 3,300 sq. ft., 0.8 acres (est.)

C.7.1.5 ADMINISTRATION AREA

Areas Estimated area (sq. ft.)

Admin Compound area and Driveway (Perimeter fence and spot spraying) 5,500 Equipment Storage Compound 32,000 Storage Barn Area 16,000

Total: 42,700 sq. ft., 1.2 acres (est.)

W912DQ23Q1047

C.7.3.1 HERBICIDE AROUND TREES AND SHRUBS:

All applications are to be applied in a manner to eliminate all vegetative growth within 12 inches of the trunks of target trees within the mowed areas. The pesticide(s) shall be mixed and applied according to label directions to affect a total vegetative kill within 10 days of application.

Care shall be taken to avoid contact of herbicide solution, spray, drift, or mist with foliage or green bark of trunk, branches, suckers, fruit, or other parts of trees or shrubs. Contact of herbicide with other than matured brown bark can result in serious damage to trees and shrubs. Any invading grasses or weeds within the canes of shrubs shall be removed by hand.

C.7.3.2 HERBICIDE AROUND TREES AND SHRUBS: (continued)

Public Use Area Estimated No. Trees

Management/Overlook/Admin 200 Carbolyn 450 Cedar 90 Michigan Valley 700 Outlet 423

Wolf Creek 400 Total: 2,263

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 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 15-APR-2023 TO

14-APR-2024

N/A USACE, KANSAS CITY +

SCOTT RICE

POMONA LAKE PROJECT OFFICE 5260

POMONA DAM R

VASSAR KS 66543

8163893459

966221

0002 POP 15-APR-2023 TO

14-APR-2024

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 15-APR-2024 TO

14-APR-2025

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 15-APR-2024 TO

14-APR-2025

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 15-APR-2025 TO

14-APR-2026

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 15-APR-2025 TO

14-APR-2026

N/A (SAME AS PREVIOUS LOCATION)

Section H - Special Contract Requirements

WAGE RATES

"REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2015-5339 Daniel W. Simms Division of | Revision No.: 20 Director Wage Determinations| Date Of Last Revision: 12/27/2022

Note: Contracts subject to the Service Contract Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

|If the contract is entered into on or |Executive Order 14026 generally applies to | |after January 30, 2022, or the |the contract. | |contract is renewed or extended (e.g., |The contractor must pay all covered workers | |an option is exercised) on or after |at least $16.20 per hour (or the applicable | |January 30, 2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | | |performing on the contract in 2023. | |If the contract was awarded on or |Executive Order 13658 generally applies to | |between January 1, 2015 and January 29,|the contract. | |2022, and the contract is not renewed |The contractor must pay all covered workers | |or extended on or after January 30, |at least $12.15 per hour (or the applicable | |2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | | |performing on the contract in 2023. |

The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the Executive Orders is available at www.dol.gov/whd/govcontracts.

State: Kansas

Area: Kansas Counties of Jackson, Jefferson, Osage, Shawnee, Wabaunsee https://sam.gov/wage-determination/2015-5339/20

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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 52.204-19 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

52.223-4 Recovered Material Certification MAY 2008 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-34 Payment By Electronic Funds Transfer--Other Than System for Award Management

JUL 2013

52.232-36 Payment by Third Party MAY 2014 52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

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

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

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

JAN 2021

252.211-7007 Reporting of Government-Furnished Property MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card

MAY 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items DEC 2022 252.245-7002 Reporting Loss of Government Property JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and…