BB Total Veg W9128F23Q0068 Final.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F23Q0068 06-Jun-2023

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

02:00 PM 19 Jun 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.

W9128F9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CASEY M BARBER

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

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$9,500,000

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 OF73

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.

W9128F23Q0068

Section SF 1449 - CONTINUATION SHEET

PWS

PERFORMANCE WORK STATEMENT (PWS)

Total Vegetative Control US Army Corps of Engineers

Big Bend Project 33573 North Shore Road Chamberlain SD 57325

Dated 16 November 2022

1.0 General Information.

1.1 Background. This is a non-personnel services contract to provide Total Vegetative Control and dandelion and crabgrass treatment. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2 Scope of Work. The Contractor shall furnish all labor, tools, materials, equipment, supplies and supervision necessary to accomplish herbicide application to control vegetation in identified areas. Spraying will be controlled so that trees (outside the spraying area), shrubs, flower beds, water, food and etc. are not damaged or contaminated by either the actual spraying/application, drift or runoff and in such a manner that shadowing around objects will not occur. A bio-degradable marker dye is required with all sprayings/applications. The Contractor shall so control all their operations during the performance of the work so as to insure that the completed work meets all of the requirements of the specifications. All contracted tasks must be completed during the scheduled application period unless otherwise specified herein or authorized in advance by the Contracting Officer, or his/her authorized representative.

1.3 Period of Performance. The period of performance shall be for one (1) Base Offer and two (2) Option Years. The Period of Performance reads as follows:

Base Year: Award through 15 September 2023, inactive from 16 September 2023 to 29 April 2024

Option 1: 30 April 2024 through 15 September 2024, inactive from 16 September 2024 to 29 April 2025

Option 2: 30 April 2025 through 15 September 2025, inactive from 16 September 2025 to 29 April 2026

*Note: The Contractor is not required to perform any services during the inactive period of performance.

1.4 Contractor Personnel

1.4.1 The contractor shall perform all work under this contract using his or her own forces except as provided in Paragraph 1.3.2 Subcontracting. Employees who perform this work shall be qualified persons on the contractor’s own payroll. At least two (2) individuals are required to perform the services stated in this PWS. All contractor personnel and regular subcontractors shall maintain a neat and clean appearance and shall wear clothing marked with the identifying name of the employee and the contractor, or a company ID will be displayed on the outside of the clothing. Contractor personnel may be required to wear government supplied identification. All contractor vehicles shall be registered, licensed, and insured to meet all State and local laws. The contractor employees shall be skilled in and capable of performing the work under this contract. All employees of the contractor or subcontractor shall be at least 16 years of age or older.

1.4.2 Subcontracting. The contractor shall not subcontract any of the work without written approval of the Contracting Officer.

Compliance with the provisions of this contract by subcontractors shall be the responsibility of the contractor.

1.5 Quality Control

1.5.1 The contractor shall designate, in writing, a member of each work crew who shall serve as the contact for matters involving quality and performance or nonperformance of the required work assigned to that crew. The employee(s) shall be qualified and fully competent with full authority to act for, and on behalf of, the contractor as necessary to insure that the required work is performed in accordance with the specifications and standards contained herein. The contractor shall furnish the above written designation to the Contracting Officer’s Representative (COR) no later than the first day of work. The contractor shall include the name(s), address(s), and telephone number(s) of the responsible individual(s).

1.5.2 The Contracting Officer reserves the right to disapprove any individual whom he considers incompetent to perform the work required. The Contracting Officer will provide a written notice of any disapproval to the contractor.

1.6 Quality Assurance Surveillance Plan. The government will use a Quality Assurance Surveillance Plan (QASP) 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(s)).

1.6.1 The government has the right to inspect 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 in a manner that will not delay the work.

1.6.2 If any of the services do not conform to contract requirements, the government may require the contractor to perform the services in conformity with contract requirements and at no increase in cost. If the contract requirements are not met after a second attempt 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.

1.6.2.1 Upon verification of a validated customer complaint or corrective action report, the COR will notify the contractor that they are required to re-perform specific services. Upon notification, the contractor shall re-perform services within eight (8) hours or by the following day, if notification does not allow sufficient time to complete services during normal business hours. The Contractor shall notify the COR within 24 hours of completion and a re-inspection shall be conducted.

1.6.3 The government may take action, if the contractor fails to perform the services again or to take the necessary action to ensure future performance is in conformity with the 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 related to the performance of such service or (2) terminate the contract in whole or in part.

1.6.4 The contractor is responsible to replace/repair any damage to government property due to negligence, at his or her own cost.

The government may take action, if the contractor fails to replace/repair any damage to government property. The government may

(1) by contract, or otherwise, replace/repair damaged government property and charge to the contractor any cost incurred by the government to replace/repair any damage or (2) make a determination to not exercise any future option periods on the contract.

1.7 Hours of Operation. The contractor is responsible for conducting business, between the hours of 6:30 a.m. thru 9:00 p.m.

Central Time Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Contractor may not spray on weekends or holidays unless prior approval is given by the COR. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.8 Pre-Work Meeting. Prior to commencing any activities, the contractor shall arrange a Pre-work Meeting with the COR. The Meeting shall discuss the work requirements, scheduling, submittal process, review of the Activity Hazard Analysis (AHA), and Abbreviated Accident Prevention Plan (AAP). At least one (1) week prior to commencing work, the contractor shall coordinate their proposed work schedule with the COR.

1.9. Submittals. Prior to commencement of services, the contractor shall submit the following documents to the COR for review and approval:

a. Activity Hazard Analysis (AHA);

b. Abbreviated Accident Prevention Plan (APP)

c. List of who will perform work on this contract;

d. Proof of Insurance for Contractors and Subcontractors;

e. Material Safety Data Sheets (MSDS): The Contractor shall supply MSDS’s for all chemicals to be used on the project.

1.10 Standards and Regulations. The contractor shall perform to the standards in the contract and comply with all Local, State, and Federal Regulations during the services performed. The contractor is responsible for ascertaining the extent to which these regulations affect the operations resulting from this contract. The contractor shall comply will all applicable regulations. Applicable regulations include, but are not limited to the following:

a. Code of Federal Regulations (CFR), Title 36, Chapter III, Part 327, Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects EP 1165-2-316

(http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2-316.pdf?ver=2013- 08-22-104526-670)

b. Engineering Manual (EM) 385-1-1 (USACE – Safety and Health Requirements Manual), dated November 2014;

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

c. Occupational Safety and Health Standards (29 CFR 1910);

1.10.1 Activity Hazard Analysis (AHA). Contractor shall prepare AHAs IAW Paragraph 01.A.14 or 01.A.15 of the EM 385-1-1.

If using Paragraph 01.A.15, prepare AHAs IAW Figure 1-2.

Note: Contractors and other individual employer’s typically use Job Safety Analyses (JSAs), Job Hazard Analyses (JHAs), or similar Risk Management assessment tools. The government shall consider these documents equivalent to, and acceptable substitutes for, the USACE’s AHA provided the data collected is the same as that required by the AHA, commensurate with the type of services performed by the contractor.

1.10.2 Abbreviated Accident Prevention Plan (APP). EM 385-1-1 in its entirety may be too complex for the type of work performed under these contracts; Contractors may reference Appendix A, for abbreviated Accident Prevention Plan (APP). The contractor shall only need to submit items in Appendix A that are pertinent to the contract. The contractor shall use a qualified person to prepare the site-specific Abbreviated Accident Prevention Plan (AAPP). Prepare the AAPP in accordance with the format and requirements of the EM 385-1-1 and supplemented herein. The contractor shall sign and submit the APP for Government approval prior to the start of work onsite.

1.11 Physical Security

1.11.1 The contractor shall be responsible for safeguarding all government facilities, property, and materials provided for contractor use. The contractor shall secure at all times all government facilities, property, and materials. Specific security conditions may change based on threats to national defense, and based on the risk of specific facilities to these threats. The contractor shall abide by these changing conditions at all times.

1.12.2 Key Control. The contractor shall ensure all keys issued by the government are not lost, stolen, duplicated, or used by unauthorized persons.

1.12.2.1 The contractor shall immediately report to the COR any occurrences of lost or stolen keys.

1.12.2.2 In the event keys, other than master keys are lost or stolen, the contractor may be required, upon written direction of the COR, to re-key or replace the affected lock or locks without cost to the government. The government may, however, at its option, replace the affected lock or locks or perform re-keying and deduct the cost of such from the monthly payment due the contractor.

If a master key is lost or stolen, the government may need to replace all locks and keys for that system. The government will deduct the total cost to replace the locks and keys from the contractor’s monthly invoice.

1.12.2.3 The contractor shall prohibit the use of keys issued by the government by any persons other than the contractor’s employees. The contractor shall not facilitate access of secured areas to persons other than contractor personnel or subcontractors engaged in performance of contract work requirements.

1.13 Antiterrorism/Operation Security Requirements.

1.13.1 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. No background checks are required for this 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 prior 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. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

1.14 Payment

1.14.1 The government will make payment monthly, after the government has inspected and accepted the services provided by the contractor, and the government has reviewed, approved, and processed the contractor’s invoice. The contractor shall submit the invoice to the COR and/or any other person that has been designated in the contract to receive the invoice.

1.14.2 The contractor must provide the contractor’s name, address, contract number, period of services completed (i.e., for the month of January or for the period of performance of January 1 through February 23), CLIN number and specific quantities of work performed (i.e., 1 Month, 40 days, 100 acres, etc.), and total requested, for an invoice to be considered proper. The contractor shall submit the invoice by the fifth (5th) of the month for services completed the previous month or submit the invoice upon completion of all services, in accordance with the period of performance stated in the CLIN.

2.0 Definitions. The following definitions and descriptions apply wherever the word(s) or phrase(s) is/are stated in this PWS:

Acceptable Level of Performance (ALP): The maximum percent defective, the maximum number of defects per hundred units, or the number of defects in a lot considered satisfactory on the average. The allowable leeway or variance from a standard before the government will reject the specific service.

Contracting Officer’s Representative (COR): means an individual designated an authorized in writing by the Contracting Officer to perform specific technical or administrative functions.

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.

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 level of performance (ALP) for each work requirement.

Quality Assurance Surveillance Plan (QASP): An organized written document used by the Government for quality assurance surveillance. Document contains sampling/evaluation guides, checklists, and the performance requirements summary (PRS).

3.0 Government Furnished Items and Services

3.1 Services. N/A

3.2 Facilities. N/A

3.3 Utilities. N/A

3.4 Equipment. N/A

3.5 Materials. N/A

4.0 Contractor Furnished Items and Responsibilities

4.1 General. The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS. The contractor is responsible for water needed to perform spraying services.

4.2 Materials. The Contractor shall furnish all materials including chemical and mix water necessary to properly perform the work defined in this contract.

4.2.1 The Contractor must supply the COR with Material Data Safety Sheets for any products used on this contract.

4.2.2 Only EPA registered chemicals approved for use in the State of South Dakota shall be applied. All chemicals will be approved by the COR prior to application. Chemicals shall be mixed and applied at rates consistent with their respective labels and manufacturer recommendations. Application rates shall be such that the target pest is killed and not simply burnt. Contractor is to have Material Safety Data Sheets (MSDS) for all chemicals/dyes to be used.

4.3 Equipment: The Contractor shall provide all equipment that is of suitable size and type for the intended use and shall meet or exceed all current federal, state, and local safety requirements.

4.3.1 All equipment shall be of suitable size and type for the intended use and shall meet or exceed all current federal, state, and local safety requirements.

4.3.2 The COR will be given a list of all equipment and materials used by the Contractor on this contract.

4.3.3 The Contractor will be required to present all equipment to the COR for inspection upon bringing it on to Government Property and before it is used to perform work on this contract.

4.3.4 The contractor's equipment shall not be stored on government property administered by the Corps of Engineers, Big Bend Project. All chemicals, chemical mix, and chemical refuse shall be removed from government lands upon completion of each day's spraying.

5.0 Specific Tasks

5.1. Basic Services. The contractor shall provide services for Total Vegetative Control

5.2. GENERAL. The Contractor will provide complete herbicide application services for control kill of vegetation in designated areas as outlined in this contract. Areas to be sprayed include: camp pads, impact sites adjacent to camp pads, parking lots, fence lines, storage areas, substations, electrical towers pads, vault toilet areas, rip rap, along guard rails, beaches, roads, sewage lagoons and curb/pavement cracks. Areas adjacent to or exposed to (i.e. rip rap and boat ramp areas) will be sprayed using a product to control vegetation around water. Areas that are not adjacent to the water (i.e. parking lots, guard rail, sidewalks) will be sprayed with a product to inhibit plant growth for a year or more. Areas with playground equipment or other high use public areas will be sprayed with a product that safe to be sprayed around the public. The Contractor will also provide complete prairie dog treatment/extermination to designated area as outlined in this contract. All areas are on Federal Property managed by the U.S. Army Corps of Engineers.

5.2.1 Total Vegetation Treatment Application Phases. The services to be furnished under this contract shall be provided in two phases; an initial application and a follow-up application. The contractor shall NOT start spraying until notification and meeting with the COR. It shall be the contractor's responsibility to start and provide a continuous spraying operation from day to day, weather permitting, until completion of the spraying phase within the allotted time frame. Because of the possible close proximity of the areas to considerable human activity, the contractor is to avoid contact with the public and work force with either spray or drift.

5.2.1.1 Initial application will consist of complete coverage/spraying and control of vegetation in identified areas. The initial application will begin at the request of the COR and the contractor will work without interruption so long as the weather and conditions are favorable for application.

5.2.1.2 Follow-up application will consist of a total reapplication of herbicide to all areas covered under this contract. The follow-up application will be at the request of the COR and will typically be 30-60 days following the initial application.

5.2.1.3 The contractor will be required to spray the following areas for both the initial and follow-up application to maintain vegetative control:

Acres North Shore Recreation Area Map 1 Boat ramp parking lot shoulder area 0.11 Handicap vault toilet and boat ramp parking lot 0.10 East parking lot 0.75

Map 2 North Shore Beach Area Beach Sand Area 0.83 Beach Sand Playground Area 0.15 Beach Road Rip-Rap 0.25

Parking Lot curb and crack treatment 0.69 Dugout/Bleacher Area 0.07 Comfort Station Curb/Crack Treatment 0.05 Ball Field Fence 0.02 Volleyball Court and guardrail 0.14 North Shore Road guardrail 0.14 Sedimentation pond and fence 0.82

Old Fort Thompson Recreation Area Map 3 Rip-rap – Spillway to the bridge at Old Fort Thompson 2.40 Dump Station - Curb/crack treatment 0.02 Guard Posts 0.05

Old Fort Thompson Recreation Area Map 4 Comfort Station Curb/Crack Treatment 0.02 Playground Units 0.10 Rip-rap from bridge to boat ramp 3.00

Left Tailrace Recreation Area – Map 5 Rip-rap – Powerhouse to Campsite #12 7.58 Sewage Lagoon:

Perimeter of fence and inside the fence treatment 2.50 Rip-rap around the outside of the lagoon 0.76 Curb/Crack Treatment for the following:

Boat Ramp Parking Lot Tenting Area Parking Lot Powerhouse Parking Lot Dump Station Shoulder Treatment for Road Left Tailrace Campground driving lanes and camp pads 9.34 Playground Areas 0.18 Campground Comfort Station Curb/Crack Treatment 0.10

Right Tailrace Recreation Area – Map 6 Rip-rap – Powerhouse to boat ramp dock 3.68 Rip-rap – Handicap Fishing Pier 0.07 Rip-rap- turn around area 0.15 Curb/Crack Treatment south side of road 0.21 Overlook - sidewalk/curb and Parking Lot 0.23 Playground Area 0.05 Security Fence 0.40

Good Solider Recreation Area – Map 7 Rip-rap – South of Powerhouse to boat ramp 1.38 Around Split Rail Fence 0.08 Playground Area 0.05

Powerhouse Area – Map 8 Draft Tube Deck 0.06 Intake Tube Deck 0.07

Government Security Fenced Compound – Turn around/parking area 0.03

Upstream Face of Dam Area – Map 9 Rip-rap – North of Intake to Beach entrance road 12.25 Spillway Overlook 0.01

Highway Guard Rail 0.77

Weather Station Area – South End of Dam – Map 10 Weather Station Road and Compound 0.28

Maintenance Compound Area– Map 11 Gravel lot – north end of compound 1.06 Three smaller compounds on northwest corner of main compound 0.47 Curb/Crack treatment within compound 1.50 Chain Link perimeter fence 0.40

Administration Parking Area – Map 12 Parking Lot Curb/Crack treatment 0.03

Downstream of Dam Area – Map 13 Rip-Rap – Dump Station to relief channel on the north 6.37 Tower Island – under towers 0.41

Spillway Dike Area – Map 14 Rip-rap – By boat ramp 1.25 Rip-rap – Road and Downstream Right Spillway to picnic shelter 3.40 Spillway Dike boat ramp curb and crack treatment 0.15 Drainage Ditch 1.45 Spillway turnaround area 0.12 Rock stockpiles 2.00

Radio Tower Area – Map 15 Radio Tower Building perimeter and perimeter fenced area 0.02 Gravel road 0.18

Visitor Center Area – Map 16 Curb/Crack Treatment 0.30

Maintenance Compound Rock Stockpiles – Map 17 Rock stockpiles 2.30

TOTAL SPRAYING PER ONE TREATMENT 71.35 ACRES

5.3 Dandelion and Crab Grass Treatment Application Phases. The services to be furnished under this contract shall be provided in two phases; an initial application and a follow-up application. The contractor shall NOT start spraying until notification and meeting with the COR. It shall be the contractor's responsibility to start and provide a continuous spraying operation from day to day, weather permitting, until completion of the spraying phase within the allotted time frame. Because of the possible close proximity of the areas to considerable human activity, the contractor is to avoid contact with the public and work force with either spray or drift. A product that is safe around trees and people is required.

5.3.1 Initial application will consist of complete coverage/spraying and control of vegetation in identified areas. The initial application will begin at the request of the COR and the contractor will work without interruption so long as the weather and conditions are favorable for application.

5.3.2 Follow-up application will consist of a total reapplication of herbicide to all areas covered under this contract. The follow-up application will be at the request of the COR and will typically be 30-60 days following the initial application.

5.3.3 The contractor will be required to spray the following areas for both the initial and follow-up application:

Administration/Outside Maintenance Building Area – Map 20 Acres Dandelion and Crab Grass treatment 9.50

Powerhouse Parking Lot Area – Map 21 Acres Dandelion and Crab Grass treatment .89

Left Tailrace Campground and Day Use Area – Map 22 Acres Dandelion and Crab Grass treatment 22.0

6.0 Performance Requirements Summary

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items.

The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

Standard Performance Threshold

Method of Surveillance

PRS # 1.

The contractor shall provide a spring pesticide application. Per paragraph 5.2.1.3

The contractor shall spray all noted species with a minimum of 95% kill rate. In accordance 5.2.1.

ZERO DEVIATION FROM

STANDARD

Periodic Inspection

PRS # 2

The contractor shall provide a fall pesticide application. Per paragraph 5.3.3

The contractor shall spray all noted species with a minimum of 95% kill rate. In accordance with 5.2.2

ZERO DEVIATION FROM

STANDARD

Periodic Inspection

7.0 DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To Invoice Within 10 days of completed work

1 Copy

Paper (hard copy)

US Army Corps of Engineers Attn: Jacki Bultsma 33573 North Shore Road Chamberlain SD 57325 Phone: 605-245-2255 Fax: 605-245-2555

Pesticide Application Records

Same as above 1 Copy Paper (hard copy) Same as above

7.0 Attachments

Attachment – Aerial Maps

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job BB Total Veg Base Year

FFP

Active POP from Award – 15 Sept 2023, Inactive POP 15 Sept 2023 – 29 Apr FOB: Destination

PSC CD: F014

NET AMT

0002 1 Job OPTION BB Total Veg Option Year 1

FFP

Active POP from 30 April 2024 – 15 Sept 2024, Inactive POP 15 Sept 2024 – 29 Apr 2025

0003 1 Job OPTION BB Total Veg Option Year 2

FFP

Active POP from 30 April 2025 – 15 Sept 2025, Inactive POP 15 Sept 2025 – 29 Apr 2026

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 N/A N/A N/A Government 0003 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 19-JUN-2023 TO

29-APR-2024

N/A COE BIG BEND PRJ OFC NTL RSC/CLDBK

JACKI BULTSMA

CENWO-OD-BB-NBIG BEND PROJECT

33573 NORTH SHORE RD

FORT THOMPSON SD 57339

605-245-1807

968814

0002 POP 30-APR-2024 TO

29-APR-2025

N/A N/A

0003 POP 30-APR-2025 TO

29-APR-2026

N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009

JUN 2010

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

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

MAY 2011

52.204-6 Unique Entity Identifier OCT 2016 52.204-7 System for Award Management OCT 2018 52.204-8 Annual Representations and Certifications MAR 2023 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)

DEC 2022

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.211-16 Variation In Quantity APR 1984 52.212-3 Offeror Representations and Certifications--Commercial

Products and Commercial Services

DEC 2022

52.219-1 Small Business Program Representations MAR 2023 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

OCT 2022

52.219-28 Post-Award Small Business Program Rerepresentation MAR 2023

52.223-1 Biobased Product Certification MAY 2012 52.223-4 Recovered Material Certification MAY 2008 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.

JUN 2016

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.223-20 Aerosols JUN 2016 52.223-21 Foams JUN 2016 52.223-22 Public Disclosure of Greenhouse Gas Emissions and

Reduction Goals -- Representation.

DEC 2016

52.225-1 Buy American--Supplies OCT 2022 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-17 Individual Surety--Pledge of Assets (Bid Guarantee) FEB 2021 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-2 Service Of Protest SEP 2006 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 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 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors

JAN 2023

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

JAN 2023

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

252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.209-7002 Disclosure of Ownership or Control by a Foreign Government DEC 2022 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

252.209-7007 Prohibited Financial Interests for Lead System Integrators DEC 2022 252.225-7000 Buy American--Balance Of Payments Program Certificate--

Basic (Nov 2014)

NOV 2014

252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(MAR 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first…