Herbicide Application PWS.pdf

SECTION 1: PERFORMANCE WORK STATEMENT

PART 1 – GENERAL

1. GENERAL: If there is conflict among any law, regulation, specification, standard, or policy, the most stringent will apply. The following provisions shall apply to the performance of work under this contract:

1.1. SCOPE OF WORK: Provide treatment of invasive/undesirable vegetation on Fort Drum through various application methods of herbicide through a Blanket Purchase Agreement (BPA).

Section 1, Part 5: Specific Tasks, outlines different treatment methods that will be used in this BPA to accomplish specific management goals. Treatment areas will be from 1 to 400 acres within the Cantonment and Training Areas. Certain management actions may require multiple treatment methods (multiple treatment tasks) due to complex site conditions.

1.1.1. BACKGROUND INFORMATION: Fort Drum is located in the State of New York, County of Jefferson, and Town of LeRay. Fort Drum consists of approximately 108,733 acres.

The population base consists of more than 15,000 military service members and about 3,700 Government civilian and Contractor personnel, as well as approximately 15,000 resident family members. The purpose of this contract is to provide vegetation control throughout Fort Drum by means of various methods of herbicide application. The Government will not exercise any supervision or control over the contract service providers. The Contractor shall perform to the standards specified in this Performance Work Statement (PWS). Contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary as defined in this

PWS.

1.2. HOURS OF OPERATION: Contractor operating hours shall be consistent with normal core duty hours of Fort Drum unless otherwise directed by the Contracting Officer (KO) or the Contracting Officer Representative (COR). Normal core duty hours are 09:00 AM - 4:00 PM, Monday through Friday, excluding Government holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Due to the nature of these services in various locations within the cantonment area and weather impact, the Contractor will be allowed to conduct operations during daylight hours, 7 days a week not to exceed 40 hrs. in a 7-day period. Contractor personnel shall not be scheduled for overtime work. When an unforeseen installation closure occurs on a regularly scheduled day of work, the Contractor shall:

a. Reschedule the work to be performed the following day; or

b. Reschedule the work on any day mutually satisfactory.

If the Contractor determines unsafe weather conditions for continued operations, then the Contractor shall notify the KO if inclement weather suspends operations within (4) hours. The Contractor shall resume operations with KO approval.

1.3. CONTRACTOR PERSONNEL: For the purpose of this contract, the term “Contractor personnel” applies to all Contractor employees, subcontractor employees, or any other person(s) acting for or on behalf of the Contractor to perform work on this contract.

1.3.1. Lead Herbicide Applicator: The Contractor shall provide a qualified Lead Herbicide

Applicator who is responsible for the performance of the work for the contract and provide supervision to the Herbicide Applicators. The Lead Herbicide Applicator shall have full authority to act for the Contractor on all contract matters relating to daily operation of the contract. The Lead Herbicide Applicator will hold full New York State (NYS) Commercial Applicator certification (Category 2 and/or 3a, Category 5A if applying on aquatic vegetation,) and will ensure all contracted Herbicide Applicators hold full NYS certification for the work at hand. The Lead Herbicide Applicator will ensure that all personnel follow all applicable federal and state regulations, pesticide labels, Fort Drum’s Installation Pest Management Plan, and Fort Drum’s Endangered Species Act Implementing Instrument. The Lead Herbicide Applicator will ensure that all chemicals are properly stored, mixed, and/or disposed of as necessary. The Lead Herbicide Applicator will be responsible to provide required information to the COR to process requests for a Local Access Pass (LAB) for all Herbicide Applicators to gain access to the Installation as needed. The Lead Herbicide Applicator will ensure all appropriate coordination and communication with Fort Drum is maintained. The Lead Herbicide Applicator will consolidate and report all herbicide applications to Fort Drum Environmental Division Natural Resources Branch per provided reporting requirements and database. The name of the Lead Herbicide Applicator shall be provided by the Contractor to the KO and COR. The Lead Herbicide Applicator shall be available between 0700 - 1600 hours, Monday through Friday except Federal holidays. Contractor personnel performing work under this contract do not require security clearance.

1.3.2. Contractor Employee

1.3.2.1. General Qualifications: Contractor employees shall be trained, qualified, certified and/or licensed under the requirements specified in this contract prior to starting work. The Contractor shall maintain records of training qualifications, certifications, and licenses and provide them to the Contracting Officer upon request. The Contractor shall ensure that the employees remain fully qualified to perform work under this contract. The Contractor shall maintain the work force in such a manner as to ensure that the employees remain fully qualified.

The Contractor shall only employ persons able to speak, read, write, and understand English for those positions interacting with Government personnel, and where English is used or essential to provide the product, record data, information, or service. Contractor personnel shall be physically capable of performing work under all climatic conditions.

1.3.2.2. Specialized Qualifications: The Contractor shall provide qualified and full NYS certified Herbicide Applicators who are responsible for the performance of work. All Herbicide Applicators must be able to identify all target species and distinguish between non-target species. The Contractor must provide herbicide applicators who hold NYS Commercial Applicator certification (Category 2 and/or 3a, Category 5A if applying on aquatic vegetation).

The herbicide applicators must also have education and/or experience (or a combination of both) demonstrating proper plant identification. The Contractor shall provide certifications, and other objective evidence of key personnel qualifications and years of experience to the KO and COR for review and acceptance.

1.3.3. Employee Conduct: The Contractor shall not allow any employee to perform work who has illegal possession of, or who is under the influence of alcohol or controlled substances.

Government rules, regulations, laws, directives, and requirements, which are in place or issued during the contract term shall be applicable to all Contractor employees or representatives who enter the Installation or who travel using Government transportation. Violation of such rules, regulations, laws, directives, or requirements shall be grounds for removal (permanently or temporarily as the Government determines) from the work site. Individuals who violate such rules, regulations, laws, directives, or requirements may be denied access to the Installation, either temporarily or permanently. Contractor personnel receiving a driving under the influence (DUI) conviction may be prohibited from driving on the installation.

1.3.4. Employee Appearance: Contractor employees shall be appropriately dressed including any necessary individual protective clothing and equipment. The Contractor shall ensure all personnel be identified as a Contractor to distinguish themselves (e.g., badge, company logo, or uniform) from Government employees. The Contractor shall ensure all correspondence and reports produced are marked as Contractor products or that Contractor participation is disclosed.

1.3.5. Personnel Constraints/Conflicts of Interest: The Contractor shall not hire for this contract, any person whose employment would result in a conflict of interest, or employment which is prohibited by Department of Defense Regulation 5500.7-R entitled "Joint Ethics Regulation (JER)", Dated November 17, 2011.

1.3.6. Personnel Safety: The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Contractor shall comply with all applicable federal, state, local, and Fort Drum laws and regulations including, but not limited to environmental, safety, and occupational health laws and regulations.

Except as otherwise stated in the contract, if the Contractor encounters material on the project site reasonably believed to be hazardous (such as ammunitions), the Contractor shall immediately stop work in the affected area and give notice of the condition to Range Control (315-772-7152) and contact the Contracting Officer or COR. Work in the affected area shall not resume without written permission of the Contracting Officer or COR.

1.3.6.1. The Contractor shall safeguard and maintain all Government and Contractor property, as well as provide for the safety and well-being of personnel employed under this contract. The Contractor shall comply with AR 385-10, The Army Safety Program.

1.3.6.2. The Contractor shall develop and implement a safety program for its employees. The

Contractor shall submit the Safety Plan to the KO and COR for review and acceptance within ten

(10) days of commencement of work. Revisions shall be submitted five (5) calendar days prior to the effective date of change.

1.3.6.3. The Contractor shall comply with the Occupational Safety and Health Administration

(OSHA) standards. The Contractor shall comply with all applicable Federal, State, and local laws, regulations, and directives.

1.4. SERIOUS ACCIDENT AND INCIDENT REPORTING:

1.4.1. The Contractor shall report serious accidents and incidents incurred while performing work under this contract immediately by the most expeditious means possible but not more than one hour following the accident or incident to the Fort Drum Directorate of Emergency Services, the Safety Office, and Contracting Officer. Serious accidents and incidents include, but are not limited to, those defined in AR 385-10 and AR 190-40 respectively or referenced in other applicable directives. Examples are as follows: One or more lives lost, one or more persons critically injured, three or more persons hospitalized due to one incident, property damage estimated to exceed $2,000, fire causing major damage to structures, equipment, or vehicles, and HAZMAT, hazardous substances, and HAZWASTE incidents.

1.4.2. Record of Injury Form: Immediately after a job-connected injury, the Contractor shall prepare a record of the incident/accident and forward it to the COR. The COR will forward the incident/accident report to the Command Safety Office. If more information is required, the Command Safety office will coordinate with the COR for the required information.

1.5. CLAIMS LIABILITY ARTICLE: The Contractor shall indemnify, save harmless, and defend the Government from and against any and all claims, damages, actions, debts, liabilities, and attorneys' fees arising out of or in any manner predicated upon loss of or damage to the property of, and injury to or death of any and all persons whatsoever, in any manner caused or contributed to by the Contractor, his agents, servants, employees or subcontractors while in, upon, or about the military installation wherein this work is located, or while going to or departing from the same; and to indemnify and save harmless the Government from, and on account of damage of any kind which the Government may suffer as the result of acts of negligence, fraud or misconduct of any of Contractor's agents, servants, employees, or subcontractors in or about said military installation.

1.6. SECURITY, INSTALLATION ACCESS AND CONTROL, AND TRAINING:

1.6.1. Reserved.

1.6.2. Access and general protection/security policy and procedures.

1.6.2.1 Entry to the installation requires the following: current vehicle registration, proof of insurance, valid driver's license for the vehicle driver, and picture identification for other personnel. Contractors/ Subcontractors and their employees requiring access to the installation will be required to comply with the installation access control policy/procedures. The Government will not be responsible for damages due to delay/stoppages caused by failure to comply. Contractors shall be restricted to physically signing in at the Paul Cerjan Gate, Gas Alley Gate, or WSAAF Gates for entry to the installation, unless they have a DoD issued ID card, a local temporary pass, or a local access badge (LAB). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the Director of Emergency Services or Security Office. Contractor personnel 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 to contractor security matters or processes.

1.6.2.2. The Contractor shall provide a list of names and dates of birth of all employees that will be working on this contract to include subcontractors at least 7 days prior to access being needed. CORs are required to complete and submit an IMDR-ES Form 2 (Application for Sponsorship) for all individuals needing access under the contract.

1.6.2.3. Each employee who requires access to Fort Drum to perform work under any contract, at any tier, must obtain a DoD identification credential, temporary pass, or a LAB.

1.6.2.4. The Contractor shall provide information as required by the Fort Drum Chief of Physical Security to enable the Government to conduct a criminal history background check (CHBC) on contractor employees who are to have access to Fort Drum. If the CHBC is not adverse, a 30-day temporary access pass will be prepared by the Fort Drum Physical Security Division while the Contractor’s employee makes an appointment for a Local Access Badge

(LAB). A LAB is required if access is needed longer than 30 days. A LAB will be issued for a period of no longer than 365 days. If the CHBC is adverse, the employee will be denied access.

If access is denied, the Contractor employee may request a waiver from the installation utilizing the Access Waiver Denial Program. If a Contractor employee has been denied access to the installation, the employee will not be allowed access until a waiver is requested and approved.

There is a waiver appeal process through the Directorate of Emergency Services. The final determination to allow entry and/or issue DoD credentials rest with the Garrison Commander or his designee, the Director of Emergency Services.

1.6.2.5. If an employee no longer needs a DoD identification credential (e.g. quits his/her job or no longer performs under the contract), the Contractor is required to collect the DoD identification credential from the employee and surrender it to the Fort Drum Physical Security Division within four (4) calendar days of the employee’s separation/departure. If the DoD identification credential cannot be returned within the required time frame, the Contractor shall immediately notify the Physical Security Division verbally and follow up in writing the next business day. Email notification is authorized. An employee’s inability to obtain entrance to a Government installation because he/she does not have the required identification credential or visitor’s pass shall not excuse timely performance of the requirements of this contract. DoD identification credentials are currently issued at the Fort Drum Physical Security Division located in the Fort Drum MP Station. The Government may change the location at which DoD identification credentials are issued or returned, with or without advance notice to the contractor.

Any such changes shall not be a basis for adjusting the contract price under any clause of this contract.

1.6.2.6 DoD identification credentials will not be reproduced or copied by the Contractor, its subcontractors, or their employees. If an employee’s DoD identification credential is lost, stolen, or reproduced, the Contractor shall verbally report the loss, theft, or reproduction to the Fort Drum Physical Security Division on the day such loss, theft, or reproduction is discovered, followed by a written report of the circumstances to the Fort Drum Physical Security Division within two (2) calendar days. Each Contractor employee shall possess/wear the DoD identification credential while performing work under the contract. The DoD identification credential shall be worn on the upper front of the outer garment unless precluded by OSHA regulation(s). The DoD identification credential will not be used for access to any Government installation except for performance of work under the contract for which it was issued. The Contractor shall, upon expiration or termination of the contract, collect all DoD identification credentials and turn them in to the COR.

1.6.2.7.a. Reserved.

1.6.2.7.b. For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

1.6.3. Reserved.

1.6.4. iWATCH Training: The Contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the COR). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 05 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award. The Contractor shall submit a sign in sheet and/or meeting minutes in lieu of certificates of completion for each affected Contractor and Subcontractor employee by providing copies or memos to the COR.

1.6.5. Reserved.

1.6.6. Reserved.

1.6.7. OPSEC Training Requirement: All Contractor employees, to include Subcontractor employees, requiring access to an Army installation, facility, controlled access areas, and/or installation computers shall complete OPSEC Level I training within 30 days after contract start date. The Contractor shall provide either certificates of completion or dates of attendance at the Garrison's Workforce Development quarterly training, for each affected Contractor employee and Subcontractor employee to the COR, within 15 calendar days after completion of training.

OPSEC Level 1 training is available on AKO (ALMS), at the Multipurpose Auditorium (MPA) Garrison quarterly mandatory training, or DOD Civilian/Contractor training at https://securityawareness.usalearning.gov/opsec/index.htm.

1.6.8. Reserved.

1.6.9. Reserved.

1.6.10. Reserved.

1.6.11. Reserved.

1.6.12. Reserved.

1.6.13. Threat Awareness Reporting Program (TARP) Training: All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete TARP awareness training within 30 calendar days after contract start date. The contractor shall submit certificates of completion or memorandum for record documenting training completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within30 calendar days after completion of training by all employees and subcontractor personnel. TARP training is available on AKO (ALMS), at the Multipurpose Auditorium (MPA) Garrison quarterly mandatory training, or by contacting the 902nd MI at 315-772-2548 or via email 10mtndivG2XCI.mil@army.mil.

1.6.14. Reserved.

1.6.15. Range Access: Where Range Access is required, Fort Drum Range Control will issue a “RANGE PASS” for contractor employees and contractor vehicles for the contract duration of the contract to allow access to perform work in range areas on Fort Drum. The range pass will be shown to any proper military or civilian authority, if requested. The Contractor shall notify Range Control each time they enter and exit the Range area.

mailto:10mtndivG2XCI.mil@army.mil mailto:usarmy.drum.imcom-atlantic.mbx.spy@mail.mil

1.7. ENVIRONMENTAL COMPLIANCE:

1.7.1. The Contractor shall comply with all Federal, State, and local laws, rules, plans, policies, and regulations covering environmental protection. In case of a conflict among these laws and regulations, the most stringent law or regulation shall apply. If a Federal, State, or regulatory agency assesses any fine, penalty, or fee against the Government that is attributable to Contractor noncompliance with any environmental law or regulation, the Contractor shall indemnify the Government for the amount of the fine and other Government costs attributable to the violation (e.g., the cost of cleaning up a hazardous waste spill). In the event of Contractor noncompliance with any applicable environmental law or regulation, the Contracting Officer will determine whether the Government or the Contractor is responsible for abating or correcting the violation. This provision is not intended in any way to waive the Government’s rights under any other provision of this contract. The Contractor shall fully comply with current and future Fort Drum regulations, plans and changes. Of particular importance are Fort Drum Regulation 420-7 and the most current Endangered Species Act Requirements Implementing Document. All Contractors and Sub-Contractors shall be provided copies of these documents and are required to read and understand all facets.

The Contractor shall use and store all materials, chemicals, and equipment used in the performance of services on the installation IAW with industry standards, local, State and Federal laws, and according to manufactures' recommendations. The Contractor shall be financially responsible for all fines and associated costs for hazardous waste management, transportation, and disposal of waste due to the Contractor's non-compliance. The Contractor shall submit Safety Data Sheets (SDS) for approval on all materials, five (5) days before delivery of the material, to the COR. The Contractor shall provide upon request from the COR all required data to meet environmental-mandated reporting requirements (e.g., air emission data, hazardous material storage/usage, herbicide/pesticide usage, solid/hazardous waste generation). The Contractor shall provide hazardous materials records data to meet reporting deadlines and during compliance inspections upon request from the COR.

The Contractor shall notify the COR within one (1) hour, if the Contractor spills or releases any hazardous substances, i.e., substances listed in 40 CFR 302, Designation, Reportable Quantities, and Notification. The Contractor shall submit a Spill Plan to the KO for approval within thirty

(30) days of contract award IAW Spill Prevention Control and Countermeasure Plan.

1.7.2. Cultural Resources: The Contractor shall comply with all laws pertaining to cultural resources while conducting work on Fort Drum, including the National Historic Preservation Act, the Archaeological Resources Protection Act, and the Native American Graves Protection and Repatriation Act. Federal Law mandates that all cultural resources eligible for listing on the National Register of Historic Places must be protected from damage. Cultural resources include, but are not limited to, historic buildings and structures, cemeteries, historic and prehistoric archeological sites. Areas on Fort Drum containing National Register eligible cultural resources are marked with OFF LIMITS signs and/or Seibert Stakes and shall be avoided. Federal Law prohibits artifact/relic collecting on Fort Drum. In the event that an inadvertent discovery of items that appear to be cultural remains (historic foundations, graves, historic or prehistoric artifacts) occurs during ground disturbing activities, all work shall cease within a 30-meter radius of the find. DPTMS, Range Division (315-772-7152) and DPW, Environmental Division (315-772-4165, 315-772-2150, or 315-774-3848) shall be contacted immediately. Any fill brought from outside the installation onto Fort Drum for any project must come from a mining source that is permitted by the NYS DEC and has been evaluated and cleared by an archaeologist.

1.7.3. Fort Drum has implemented an Environmental Management System (EMS) to proactively deal with the environmental impacts of its processes, activities, and services. Fort Drum uses the ISO 14001:2004 as the standard for its EMS. All personnel performing work for or on behalf of Fort Drum must be aware of and understand Fort Drum’s Environmental Policy.

Fort Drum offers EMS General Awareness Training in the form of a printed Handout. All Contractors and their employees are required to be made aware of EMS General Awareness Training and to post an EMS handout so that it is available to all employees. Contractors are also responsible for ensuring all subcontractors hired on their behalf receive EMS General Awareness Training handouts and that they are posted at the subcontractor’s site. The Contractor is also responsible to ensure that all goods and services used by the Contractor or any of its subcontractors do not deviate from the installation Environmental Policy, and objectives and targets of the

EMS.

1.7.4. Sustainable Acquisitions:

1.7.4.1. The Contractor shall use Contractor-provided products that meet or exceed the following specifications IAW FAR 23.103-Sustainable Acquisitions.

(1) Energy-efficient (ENERGY STAR® or Federal Energy Management Program (FEMP)-designated);

(2) Water-efficient;

(3) Bio-based;

(4) Environmentally preferable (e.g., EPEAT®-registered, or non-toxic or less toxic alternatives);

(5) Non-ozone depleting; or

(6) Made with recovered materials.

1.7.4.2. The required products in the contract actions for services include products that are—

(1) Delivered to the Government during performance;

(2) Acquired by the contractor for use in performing services at a Federally controlled facility; or

(3) Furnished by the contractor for use by the Government.

1.7.4.3. The Contractor shall ensure that the required products in the contract actions must meet agency performance requirements.

1.7.4.4. For the purposes of meeting the 95 percent sustainable acquisition requirement, the term “contract actions” includes new contracts (and task and delivery orders placed against them) and new task and delivery orders on existing contracts.

1.7.5. Wetlands.

1.7.5.1. No activity is authorized within wetlands that are not specifically addressed in the contract. No type of fill (e.g., soil, stumps, and trees) will be placed in wetlands outside of those areas specifically permitted for fill. All work shall be accomplished from the existing roadways to the greatest extent possible. If work in wetlands is unavoidable, equipment mats must be used and removed immediately upon completion of work in wetlands.

1.7.5.2. All wetland boundaries will be physically marked in the field in such a way that provides a visible barrier to all personnel and equipment operators. All boundary line markers will be maintained throughout the duration of the contract and removed upon final inspection.

1.7.5.3. All clearing in wetlands not permitted for fill will be accomplished using hand tools and all material cut will be left in place, unless it can be removed by non-ground disturbing machinery, or if possible, through felling and removal by non-ground disturbing machinery. In either case, grubbing will not be allowed.

1.7.5.4. Pesticide usage shall be in accordance with all applicable federal, state, and local requirements. Contractor is responsible for obtaining permits from the NYSDEC prior to the application of pesticides within NYSDEC regulated wetlands and the associated buffer areas.

Permitting may take up to 60 days from application submission to the issuance of the permit(s) from the NYSDEC.

1.7.5.5. All inadvertent unauthorized impacts to wetlands will be immediately halted and reported to the KO. The KO will contact Public Works Environmental Division for guidance in further reporting and/or correcting the incident.

1.7.6. Biological Resources/Fish and Wildlife.

1.7.6.1. The contractor (and all subcontractors) shall minimize interference with, disturbance to, and damage to non-target plants, fish, wildlife, and their habitats on and adjacent to the project area. Species that require specific attention along with measures for their protection shall be listed by the Contractor prior to beginning of construction operations.

1.7.6.2. The federally endangered Indiana bat and the federally endangered northern long eared bat are present on Fort Drum and must be considered in all actions. Actions on Fort Drum must be in accordance with requirements negotiated with the US Fish & Wildlife Service under Section 7 of the Endangered Species Act. Projects involving ANY habitat modification (e.g., vegetation removal) must be addressed by Fort Drum's Fish and Wildlife Management Program.

In general, no trees greater than 3 inches (diameter breast height) may be cut from 16 April - 15 October to avoid any direct adverse effects to these bats. Clearing of natural vegetation (e.g., shrubs and trees) less than 3 inches diameter breast height (DBH) should typically occur between August 1 and April 15 annually to minimize the impact to migratory birds and to maintain foraging areas for bats. There are specific requirements for herbicide application on Fort Drum.

The contractor (and all subcontractors) shall be responsible for ensuring compliance with the applicable herbicide application and reporting requirements. The contractor (and all subcontractors) shall be responsible for coordination with Fort Drum's Fish & Wildlife Management Program to ensure compliance with the Endangered Species Act and all other applicable laws and regulations pertaining to wildlife.

1.7.6.3. Flagging or signs must be used to demarcate limits of a given project prior to any construction activity or vegetation/tree clearing. Clearing must only occur within the flagged area, and flagging must be removed upon completion of the project.

1.7.6.4. If any bats are discovered during the demolition or repair of buildings (to include work such as complete and partial building demolition, removal/replacement of roofs, siding, etc.), all work must cease, and Fort Drum's Fish and Wildlife Management Program (315-772- 4999 or 315-772-9636) must be immediately contacted. If the building has pre-existing known bat colonies, then Fort Drum's Fish and Wildlife Management Program must be contacted before demolition is to occur. (At this time, the only structures known to contain bat colonies are within the historic LeRay Area.

1.7.6.5. All bats found must be immediately reported to Fort Drum's Fish and Wildlife

Management Program (315-772-4999 or 315-772-9636). Do not attempt to handle any live bats, regardless of condition. If a live bat is found in a building, please contact 315-772-2072 or 315- 772-4999.

1.7.6.6. Light minimization measures are to be incorporated for all exterior lighting that may include but are not limited to full cutoffs, reflectors, shields, downward angling of lights and/or reduction of correlated color temperatures to reduce blue-rich, white light. Fort Drum's Fish and Wildlife Management Program must be contacted for detailed requirements that must be followed to the maximum extent possible.

1.7.6.7. No night lighting for construction projects is authorized without prior coordination and authorization from the project manager and Fort Drum's Fish and Wildlife Management Program.

1.7.6.8. Project planning and design should attempt to minimize building footprints by combining infrastructure (i.e. roads, utility lines, etc.) for multiple buildings or by constructing multi-story versus multiple or expanded single story buildings whenever possible.

1.7.6.9. Pesticide usage shall be in accordance with all applicable federal, state, and local requirements. Fort Drum requirements can be located, in part, within the most recent Fort Drum Endangered Species Act Implementing Document. Fort Drum’s Wetland’s Program and Pest Control Office should be contacted for any additional requirements.

1.7.7. Prevention of Storm Water Pollution: The Contractor shall perform, track, participate, implement, and comply with storm water pollution prevention minimum control measures, protocols, and Best Management Practices (BMP) to ensure water quality standards are not violated in accordance with all regulations and policies as they apply to the National Pollutant Discharge Elimination System general permits. Applicable permits include: The installation’s Municipal Separate Storm Sewer System (MS4) Permit; The General Permit for Storm Water Discharges Associated with Industrial Activities; All Construction Activity Storm Water permits.

1.7.7.1. Contractors will comply with the installation specific minimum control measures under the MS4 permit to include, but not limited to Illicit Discharge Detection and Elimination;

Construction Site Storm Water Run-off Control; Post Construction Storm Water Management;

Pollution Prevention/Good Housekeeping for Municipal Operations

1.7.7.2. Contractors will comply with the permit requirements when the activity is identified as a permitted industrial activity. BMPs include but are not limited to Practicing spill prevention and good housekeeping; Installing and managing erosion and sediment control;

Meeting the requirements of the MS4 permit; Performing required inspections and provide corrective actions.

1.7.7.3. Contractors will obtain permit coverage for construction activities disturbing over one acre of land by going through the DPW Environmental Stormwater Program Manager.

BMPs include but are not limited to Preparing and implementing a site-specific Storm Water Pollution Prevention Plan (SWPPP) as outlined in the permit and prior to any soil disturbance;

Installing and managing erosion and sediment control; Make available, upon request, permit associated documentation; Practicing spill prevention and good housekeeping; Meeting the requirements of the MS4 permit.

1.7.8. Painting Operations: The Contractor shall ensure full compliance with the application of architectural coatings as regulated by 6NYCRR Chapter 3, Part 205. The application of surface coatings containing VOCs is regulated by 6NYCRR Chapter 3 Part 228. One of the exemptions for this regulation is for manually applied coatings, such as applied by a brush, roller, cloth, or aerosol spray can. For spray-painting operations, The Contractor shall use reasonable containment methods (e.g., screen containment) which shall be employed to prevent uncontrolled release of overspray. Employing over-spray containments are not required if the method of applying paint coatings is by brush and/or roller. A drop cloth is required below the area that is being painted whether applying by brush and/or roller. Containers shall be kept closed when not in use. There shall be no air drying of brushes, rollers, rags and containers. The Contractor shall ensure container integrity is satisfactory.

1.7.9. Tank Installations (POL): If an above ground storage tank is required for this contract or is being installed by this contract, the tank must be compliant with all Federal, State, and Local regulations.

1.8. TOXIC/HAZARDOUS MATERIAL AND WASTE MANAGEMENT

1.8.1. Solid Waste: The Contractor shall remove from the installation and dispose of all solid waste generated, after it has been determined that it cannot be recycled, to a permitted and approved off-post disposal facility. The Contractor shall make every effort to achieve diversion rates set by Army and installation policy for both construction and demolition debris and other solid waste. The contractor will submit in writing the quantities of waste removed and recycled to the DPW ENV Solid Waste Program Manager on a monthly basis and at the expiration of the contract. The information submitted shall include the types of material disposed/recycled, location of the disposal/recycling facility, and the quantities of disposed/recycled materials. No chemicals/pesticides shall be disposed of on Fort Drum

1.9 REPORTS:

1.9.1. The Contractor shall complete responses in a timely manner to all requirements for reports and requests for information and data, both one-time and recurring. Reports may be outlined in paragraph 5 of individual BPA Calls and those reports shall be completed.

1.9.2. Damage Report. The Contractor shall submit a monthly damage report to the COR that annotates the damage, corrective action, and date corrected. Damages caused by Contractor employees shall be repaired at no cost to the Government. The Contractor shall notify the COR and return the damaged area to its previous condition. The Contractor shall furnish all labor, materials, and equipment to perform the repair work including cultivating and applying seed, sprigging, or placing sod. The Contractor shall maintain all turf repair work to ensure successful growth.

1.9.3. Herbicide Reporting. All herbicides will be reported using the Directorate of

Public Works Pesticide Reporting Database. The referenced maps and pesticide reporting database will be provided to the contractor.

1.10. QUALITY CONTROL PLAN (QCP): Submit for approval a QCP to the Contracting Officer not later than 30 calendar days after contract award. The QCP shall be a system for identifying and correcting deficiencies in the quality of services before the level of performance becomes unacceptable and/or the COR points out the deficiencies. This QCP is of paramount importance. Failure to submit a Quality Control Plan to the Contracting Officer for approval in accordance with the terms of these specifications will result in the withholding of all monies due the Contractor until such time as the Plan is received, reviewed, and approved. The QCP shall include, but is not limited to the following:

1.10.1. An inspection system that is tailored to the specific requirement(s) covered under the terms of the contract, and which covers all services specified in the contract specifications. The Contractor shall devise a checklist for use during the regularly scheduled and unscheduled QCP inspections.

1.10.2. Identification of all personnel who will be performing QCP inspections by name, title, and type of inspection each is authorized to perform.

1.10.3. A system to ensure that the Contractor’s employees are notified of deficiencies found in their areas of responsibility; that the noted deficiencies are corrected (if possible); and that these employees are counseled/retrained as necessary to ensure that deficiencies do not recur.

1.10.4. A documentation system: The Contractor shall maintain a file of all inspections conducted by the Contractor or his/her employees, including the corrective actions taken. This documentation shall be made available to the Government during the term of the contract. A copy of the inspection reports shall be submitted to the Contracting Officer or COR upon request.

PWS PART 2: DEFINITIONS AND ACRONYMS

2.1. DEFINITIONS: The definitions set forth below are those unique to this contract.

Definitions for technical terms or words that are included in this contract can be found in the technical documents referenced in the individual functional areas of the PWS. The definitions provided below are oriented to Fort Drum’s PWS. In many cases, definitions are specific by situation. The listing of definitions is not all-inclusive, but it has been derived from official publications (e.g., regulations and technical manuals) when available.

Army Regulations (ARs): Publications issued by Department of the Army (DA) which are directive in nature and contain missions, responsibilities, policies, and administrative procedures necessary to ensure uniform compliance with those policies.

Business Day: Monday through Friday, except for Government recognized holidays and days the Fort Drum duty day has been cancelled for all but emergency business.

Contracting Officer (KO): An individual with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officer's Representative (COR): An individual from the functional activity appointed by the Contracting Officer and delegated specific authority to monitor contract performance and to perform specific contract administration functions.

Contract Discrepancy Report (CDR): A formal method documenting unsatisfactory Contractor performance (contract deficiencies and defects against the AQL) in the contract file.

Defective Service: A unit of service, which contains one or more defects and does not conform to specified requirements.

Federal Acquisition Regulation (FAR): Provides uniform policies and procedures for acquisitions by executive agencies of the federal Government.

Government Furnished Property: All tangible property of Government furnished to Contractor.

Hazardous Waste: A waste as defined in title 40, CFR, Part 261.3. Special handling procedures and disposal facilities are required for their disposal in compliance with federal, state and local regulations.

Performance Requirements Summary (PRS): The PRS identifies key performance indicators and standards that represent logical service outputs that will be evaluated by the Government to assure the Contractor is fulfilling the terms of the contract.

Performance Standard: A measurable output or result associated with the performance-based description of a requirement found in the PWS.

Performance Threshold: The Performance Threshold is the lowest case quality level (percent) of defective outcomes/service that the Government indicates will be accepted using acceptable sampling techniques and procedures. However, the Contractor is still expected to meet the performance standard outlined utilizing the re-work process at no additional cost to the government.

Quality Control: Those actions taken by the Contractor to control the in-process performance of goods or services to ensure that contract quality standards are met.

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

Diameter at Breast Height (DBH): This is the diameter of a tree in inches, 4.5 feet above the ground.

Hack and Squirt Herbicide Application: This describes a method of herbicide application that introduces herbicide directly into the stem of a tree using cuts with a hatchet or similar tool.

Herbicide is applied directly into the cut using a handheld applicator.

Cut Stump Herbicide Treatment: The action removal of the above ground structure of a target plant by cutting the stem at ground level, and then applying a herbicide solution to the freshly cut stump.

Foliage: Plant leaves

Foliar Treatment: The action of applying herbicide to the foliage (leaves) of a plant.

Surfactant: A substance used to alter spray solution properties so that herbicides can be more effectively applied to and absorbed by target plant foliage.

Invasive Species (Vegetation): A species of plant that is non-native to an ecosystem or particular area.

Undesirable Species (Vegetation): Any species of plant that is not wanted in a particular area due to vegetation management objectives.

Migratory Bird Treaty Act (MBTA): Prohibits the take (including killing, capturing, selling, trading, and transport) of protected migratory bird species without prior authorization by the Department of Interior U.S. Fish and Wildlife Service.

Submerged Vegetation: A rooted aquatic plant that grows completely under water.

Emergent Vegetation: Aquatic plants that grow with their roots under water but their leaves and stems above the surface of the water.

2.2. ACRONYMS: For the purpose of the resultant contract, the acronyms listed below shall apply:

AQL Acceptable Quality Level CFR Code of Federal Regulations DA Department of the Army DA Cir Department of the Army Circular DA Pam Department of the Army Pamphlet DEC Department of Environmental Conservation GFP Government Furnished Property SDS Safety Data Sheets NYSDEC New York State Department of Environmental Conservation POV Privately Owned Vehicle DBH Diameter at Breast Height (inches) MBTA Migratory Bird Treaty Act

PWS PART 3: GOVERNMENT FURNISHED RESOURCES

3.1. GENERAL: This section describes those items that will be furnished by the Government to the Contractor for performance of the requirements of this contract. The Contractor shall not make use of any property or services described in this section for any purpose other than performing the requirements of this contract. Contractor personnel are responsible for safeguarding GFP, equipment, and facilities. The Contractor shall be required to reimburse the Government for lost, damaged, or misappropriated property for which Contractor personnel are responsible.

3.2. GOVERNMENT FURNISHED SERVICES:

3.2.1. Emergency Services:

3.2.1.1. Emergency Medical Treatment: Government furnished medical service is not available to Contractor personnel, except in emergency on-the-job situations when Contractor personnel suffer serious injury or acute pain. Government emergency treatment will be provided as the first point of medical care. Transfer to non-Government facilities shall be affected as soon as possible and as determined by attending medical authorities. The Emergency Medical Services (EMS) telephone number is 911 (or 766 from a cell phone).

3.2.1.2. Fire Protection: The Government will provide fire protection and prevention services to the contract site. These services are obtained by calling the Fort Drum Fire Department for non-emergencies at 315-772-4131 and by dialing 911 (or 766 from a cell phone) for emergencies.

3.2.1.3. Police Protection and Law Enforcement: The Government will provide Police

Protection and Law Enforcement services to the Contractor and Contractor personnel on the installation. This service shall also include any investigative services related to physical security of Government owned property and incidents involving Contractor owned property inclusive of privately owned property of Contractor personnel if the incident occurs on the installation. These services are obtained by calling the Directorate of Emergency Services.

3.2.2. Reserved.

3.2.3. Reserved.

3.2.4. Reserved.

3.2.5. Reserved.

3.2.6. Reserved.

3.2.7. Reserved.

3.2.8. Reserved.

3.2.9. Reserved.

3.3. GOVERNMENT FURNISHED SUPPLIES: The contractor will be provided maps of the treatment areas (both in hardcopy pdfs and as shapefiles, tiffs, subsets of a file geodatabase, and/or other requested formats). The intent is that the contractor will utilize the provided maps in concert with commercially available mapping hardware and software of their choosing to ensure that they are staying within the defined work areas. However, hardware and software options utilized need to have published accuracy of 5 meters or less to ensure only areas that are scheduled for treatment, receive treatment. The contractor will also utilize the maps to assign attributes to each treatment area to include date(s) of treatment, invasive species treated, herbicide chemicals used, and amount of each herbicide chemicals applied (this information should match information reported by the Lead Applicator in the supplied DPW Pesticide Reporting Database).

3.4. GOVERNMENT FURNISHED PROPERTY: Reserved.

3.5. GOVERNMENT FURNISHED FACILITIES: Reserved.

PWS PART 4: CONTRACTOR-FURNISHED ITEMS AND SERVICES

4.1. GENERAL: With the exception of items specifically identified as Government furnished in Part 3, the Contractor shall furnish all supplies, equipment, supervision, materials, and services necessary to perform the requirements of this contract.

4.2. PERMITS, TAXES, LICENSES, ORDINANCES, AND REGULATIONS: The Contractor shall, at his own expense, obtain all necessary permits, give all notices, pay all license fees and applicable taxes, comply with municipal, State, and Federal laws, ordinances, rules, and regulations applicable to the business carried on under this contract.

4.3. CONTRACTOR OWNED PROPERTY:

4.3.1. Condition of Property: All Contractor property shall be in an operable condition and meet all applicable Federal, State, Local, and Installation requirements for its operation.

Equipment shall also have complete and intact design and safety features as if they were new excluding the appearance of fair wear and tear on the equipment.

4.3.2. Identification and Markings:

4.3.2.1. Equipment: All Contractor furnished equipment shall be inscribed, engraved, stamped, or otherwise permanently marked to identify it as Contractor Owned property.