ID07180024_RFP_PWS_Melrose_NM_08142018.pdf

General Services Administration (GSA)

Greater Southwest Region

SOLICITATION ID# ID07180024

Invasive Species Management at Melrose Air Force Range, New Mexico for

Air Force Civil Engineer Center (AFCEC)

Performance Work Statement

August 14, 2018

ID07180024

Invasive Species at Melrose Air Force Range, New Mexico

1.0 Background: The purpose of this Performance Work Statement (PWS) is to define the scope of

Environmental Services support necessary to meet Air Force Civil Engineer Center (AFCEC) and customer requirements for the control of undesirable species at Melrose Air Force Range (MAFR), New

Mexico.

Melrose Air Force Range (MAFR) currently encompasses almost 71,000 acres, however, approximately

1/3 of the area cannot be used for training purposes due to invasive, thorny, honey mesquite (Prosopis glandulosa) and cholla (Cylindropuntia imbricate). Prescription aerial herbicide application is necessary to control the spread of these plants. The purpose of this contract is to control invasive shrubs and cactus on 16,640 acres within the boundaries of Melrose Air Force Range (MAFR), New Mexico. Target species for control are honey mesquite (Prosopis glandulosa) and cholla cactus (Cylindropuntia imbricate).

2.0 Program Objectives: This contract provides for the control of invasive mesquite and cholla plants on 16,640 acres (26 Sections) within MAFR. The Contractor shall perform tasks related to the conservation and management of natural resources on military installations. Services shall include ecosystem management services in support of, and consistent with, the MAFB INRMP.

3.0 Scope: The Contractor shall develop and implement a plan to control honey mesquite (Prosopis glandulosa) and cholla cactus (Cylindropuntia imbricate) on 16,640 acres within the boundaries of the

Melrose Air Force Range, New Mexico. MAFR is administered under the command and control of

Cannon Air Force Base, New Mexico. Figure 1 indicates the general location of Cannon AFB and

MAFR. The proposed treatment area is outlined in red on MAFR Vegetation Map at Figure 2 (26,440 acres for mesquite treatment and 29,000 acres of cholla treatment). The Contractor is expected to utilize all available resources to prescribe and implement a treatment to achieve the requirements within this

PWS. The use of herbicides will be required to achieve the objectives of this PWS.

Figure 1: Location of Cannon Air Force Base and Melrose Air Force Range in Curry and Roosevelt

Counties, New Mexico.

The Contractor shall be required to prepare a Melrose Air Force Range Invasive Species Treatment Plan for review and approval by the government before initiation of any treatments. The Treatment Plan shall indicated the treatment method, proposed herbicide mixture, application rate, and proposed timing of application that best meets the performance objectives in this PWS. Upon approval of the Invasive

Species Treatment Plan by the Air Force, the Contractor shall implement the Plan.

In carrying out work assignment(s) issued under this contract, the Contractor shall furnish the personnel, services, equipment, tools, materials, vehicles, facilities supervision and other requirements necessary for, or incidental to, the performance of work set forth herein; assure any and all program and/or project related costing information is secured, as directed by the Contracting Officer (CO); and be responsible for safeguarding proprietary and other sensitive information. The Contractor shall be immediately capable of addressing and interpreting all aspects of environmental law and regulation.

The Contractor is expected to utilize all available historical documents, plans, and reports, etc., to adequately execute treatments that will complete the requirements within this PWS. Documents provided to the Contractor by the Air Force are the property of the Air Force, and are provided for informational purposes only. Third party distribution, plagiarism, and/or retention of these records are not authorized.

Upon contract award, the selected vendor will be authorized to use all documents for completion of the contract requirements.

3.1 Policy and Requirement Statements

This contract fulfills a requirement consistent with the Goals and Objectives of the Integrated Natural

Resources Management Plan (INRMP) for Cannon AFB and MAFR. The INRMP was prepared in accordance with the requirements of the Sikes Act (16 U.S.C. 670). All natural resources activities that occur on MAFB, to include invasive species control, must be consistent with the installation INRMP.

It is the policy of the Department of Defense (DoD) and Air Force to use innovative and sustainable approaches to environmental management and technology to accomplish its mission. Sustainable approaches are considered to: not deplete resources, cause environmental degradation, or impact human health. The Contractor shall incorporate pollution prevention and sustainability initiatives into all aspects of this PWS. The Contractor shall operate in a manner that promotes energy management to include energy efficiency, use of renewable energy, and water conservation. The Contractor shall comply with the installation’s Environmental Management System (EMS). The Contractor shall function as an integral team member in support of the DoD mission, to include sharing of information with other DoD contractors and cooperation with communities, regulators, and other government entities.

Contractor requirements shall include the efficient management of resources, the timely submission of accurate deliverables and identify any developing solutions to impediments that may jeopardize the successful project execution. Technical requirements include, but are not limited to, early involvement in the process to allow for the development of the most cost-effective and technically sound approach or solution. The AFCEC client will rely on the Contractor’s expertise in recognizing and addressing problematic issues and successful execution of this contract.

4.0 REQUIREMENTS AND SPECIFIC TASKS

This is a Firm Fixed Price contract that will provide Environmental Services support to the Air Force.

The contract shall adhere to both the general requirements and installation-specific requirements and for Severable services. Contractor personnel shall possess appropriate certifications and training to accomplish the required services, as specified.

4.1 Summary of Performance Requirements

The appropriate services to be performed during this contract period of performance are identified in

Table 1, Summary of Requirements for Invasive Species Management Melrose Air Force Range, New

Mexico. The Contractor is expected to utilize all available resources to prescribe and implement a treatment to achieve the requirements within this PWS. The detailed service activities to be performed under this contract are identified in the paragraphs below. The Contractor shall adhere to both the general requirements and installation-specific requirements as identified below.

Table 1. Summary of Requirements for Invasive Species Management Melrose Air Force Range, New Mexico.

PWS

Para Task Description

Base

Year

Option

Year 1

Option

Year 2

REQUIREMENTS

(May be Exercised in the Years Outlined)

4.2 Natural Resources Management- Invasive

Species Control and Management Yes Yes Yes

4.2.1

16,640 acres of Mesquite Treatment Yes

No No

4.2.1

16,640 acres per year of Cholla Treatment No Yes Yes

4.2 Natural Resources Management - Invasive Species Control and Management

The 26,440 acres for mesquite treatment and 29,000 acres of cholla treatment area indicated in Figure 2 may vary in accordance with the Contractor produced and government approved MAFR Invasive Species

Treatment Plan. The Contractor shall manage and control invasive honey mesquite and cholla cactus on

16,640 acres per year at MAFR in accordance with all laws, regulations, policies, and the best industry standards applicable to the Air Force. The treatment area is outlined in red on Figure 2. Attachment 3 includes approximate invasive species infected area maps and Attachment 4 General Melrose Air Force

Range Map. Effective control and management of invasive species is necessary to achieve the installation’s natural resources goals and objectives as stated in the MAFR INRMP. The Contractor shall furnish all labor, materials, equipment, supplies, technical expertise, and supervision needed to perform all field efforts. Activities may include herbicide application.

The Contractor shall first prepare a Melrose Air Force Range Invasive Species Treatment Plan that addresses a proposed treatment methodology. The Invasive Species Treatment Plan shall be formulated with the objective of achieving a mortality rate for target species of 70% or greater, as determined during the following spring after bud break. The use of aerial spraying is one treatment method that may be effective and will be approved. Other methods may be proposed and will be approved if it is determined they will meet the mortality rate requirement. A site visit, after contract award, to Cannon AFB and

Melrose Air Force Range is required prior to the development of the plan to ensure that the Contractor understands the nature of the work and that Air Force objectives are understood. The Air Force must approve the Invasive Species Treatment Plan before treatments can begin. Air Force will coordinate the proposed plan with the Natural Resources Conservation Service District Conservationist to ensure that proposed techniques are consistent with techniques determined to be effective for the target species in the region. (CDRL A002) At a minimum, the Melrose Air Force Range Invasive Species Treatment Plan shall address the following components:

● Assessment of Target Species Distribution on MAFR Treatment Area

● Treatment Method Overview

● Proposed Pesticide Products and Application Rate (Include Material Safety Data Sheets for all proposed pesticide products, surfactants, and other mix ingredients)

● Proposed Calendar Dates for Treatment Application

● Acceptable Weather and Soil Temperature Conditions for Treatment Application

● Identification of Any Risks Associated with Off-Site Pesticide Drift

● Methods Used to Validate Pesticide Coverage

● Statement of Protocols for Access to MAFR and Associated Air Space

● List of Points of Contact for Installation Coordination

After Air Force approval of the Melrose Air Force Range Invasive Species Treatment Plan, the Contractor shall implement the invasive species control treatments in accordance with the parameters specified in the

Plan. The Contractor must coordinate access to MAFR and Air Force controlled airspace with the designated Cannon AFB point of contact prior to site access and initiation of treatments.

The use of herbicides will be required to achieve the objectives of this PWS. Within the designated treatment area, only herbicides labeled for control of woody vegetation and cholla cactus, and not injurious to native grasses, shall be utilized. Any herbicides used by the Contractor shall be approved for the intended purpose by the Environmental Protection Agency (EPA) and not prohibited in the State of

New Mexico, and shall be utilized in accordance with the rates, methods, and time of application compliant with the specifications on the EPA approved product label. Contractor personnel shall possess appropriate State certifications and training to accomplish the required treatments, as specified. Within

24 hours of any pesticide application, the Contractor shall provide to the Air Force a digital map indicating the areas where pesticides were applied. (CDRL B001)

Figure 2: Vegetation classification map for Melrose Air Force Range, New Mexico. Proposed treatment area for control of honey mesquite and cholla cactus is outlined in red.

General Herbicide Requirements

All herbicides used must be DoD approved for use and label approved for the target species. The

Contractor shall adhere to all Federal, State and local regulations governing the application, transportation, storage, use, and disposal of products utilized. The contractor shall request approval and provide the following herbicide details prior to purchase:

● Product Name

● Manufacture Part Number

● Quantity

● Concentration

The Contractor is to provide copies of Safety Data Sheets of all herbicides and provide daily usage data via DD Form 1532-1. (CDRL A003)

Contractor personnel shall establish and maintain a current Integrated Pest Management Information

System account and enter recordkeeping data.

All contract personnel who perform pest management activities on AF installations must hold the appropriate state certification and business license for the location and activity performed (this includes

General Use and Restricted Use Pesticides).

No uncertified technicians are allowed to apply pesticides on DoD installations (even under direct supervision).

4.2.1 MANAGEMENT, INVASIVE SPECIES

Aerial Broadcast Herbicide Application Requirements

Mesquite is found on over 26,440 acres of MAFR. Control of mesquite is recommended as follows:

The contractor shall use aerial application methods to perform this task. Weather conditions at the time of spraying are extremely important to a successful aerial application. Coverage is best with low wind speeds and moderate to high relative humidity. High wind speeds distort the spray pattern and increase the drift hazard; air temperature should not exceed 90 F. Do not spray if a rain storm is expected within 6 hours of application.

For conventional, 5 gallon per acre applications, wind speed should be between 2-10 mph, air temperature lower than 90 F and relative humidity relatively high. Spray swaths should be perpendicular to the prevailing wind. For the preferred, 1 gallon per acre Electrostatic application, the above parameters also apply. This method is more prone to drift due to the low volume and small particle size. However, drift is a minor concern as vulnerable inhabited farmsteads, fields, gardens, and other plants of concerns are outside the possible drift zone. Electrostatic treatment can be applied in a timelier and more economical manner. Electrostatic treatment is generally more effective as the plant is evenly covered with herbicide.

Follow up individual plant treatments could be required for the few mesquite plants that survive the herbicide treatment.

Cholla grows on approximately 29,000 acres. Control of cholla is recommended as follows:

Aerial spraying is restricted to weekend application. There are two periods each year to achieve the best results from herbicide applications; the first is after spring green up, after night time temperatures are above freezing but prior to the onset of high temperatures; the second is in late summer when temperatures have moderated and the cactus is actively growing again. The second window is during

New Mexico’s “monsoon season” which gives the best opportunity for satisfactory control. Prescribed fire will remove the remains of treated cholla and young cholla.

Mixed Stands of Mesquite and Cholla are found together over a portion of MAFR. Control of mixed stand of mesquite and cholla is recommended as follows:

When spraying mixed stands of mesquite/cholla, compatible herbicide mixtures should be used.

Moderate to good cholla control has resulted from this method. Drought conditions will greatly reduce results. Spray only under the same guidelines for optimal mesquite control when including Surmount in the mixture. Prescribed fire will remove the remains of treated plants.

(Projected rate of kill > 70% for all applications)

5.0 OPERATIONAL REQUIREMENTS

See also, Attachment 1 for the list of Contract Data Requirements List (CDRLs) to be submitted in support of the efforts identified under this Contract.

5.1 List of Deliverables

Required

Deliverables

/Reports

FORMAT

Required Due

Date

SEND TO

PLANNED

FREQ

Acceptable Level of

Quality Expectation

Section 4.0

Technical Reports

Pest Management

Maintenance

Record DD Form

1532-1

Word or PDF Per project schedule

Submit in

ITSS to

COR

As required 100% Compliance on time delivery

Invasive Species

Treatment Plan

Word or PDF 60 days after award

Submit in

ITSS to

COR

As required 100% Compliance on time delivery

Health and Safety

Plan

Word or PDF 15 days after award

Submit in

ITSS to

COR

One time after award

100% Compliance on time delivery

Contractor’s

Progress, Status and Management

Report

MS Project and PDF th of each month

Submit in

ITSS to

COR and submit with monthly invoice

Monthly 100% Compliance on time delivery

Trip Report PDF 5 working days after travel is complete.

Submitted in

ITSS to

COR

Each Trip

Taken Under the Terms of this contract

95% of the time submitted timely/accurately

Final Invoice Submit through ITSS

Due 60 days from completion.

Interested parties through

ITSS

After completion

95% on time delivery/ accurate

Release of

Claims/ GSA

Form 1442

ITSS and

Email

Due fifteen

(15) calendar days of final payment.

PM, COR

and CO

15 days after final payment

100% on time delivery/ accurate

5.2 Proprietary Information

All materials gathered and/or developed in the performance of the tasks listed in this PWS shall be the property of the installations identified in this contract and shall only be used by the

Contractor and their subcontractors for the execution of this PWS. Additionally, all documents shall be delivered to the government with unlimited rights and without restrictions. The

Contractor is not authorized any other use or distribution of said material without the specific written permission of the COR. After completion of the project, all materials shall be returned to

Melrose AIR FORCE RANGE.

5.3 Contractor Furnished Equipment

Standard equipment such as fuel truck, chemical preparation truck and water supply typically required for herbicide application shall be the responsibility of the Contractor. This standard herbicide equipment is considered to be a cost-of-doing business and will not be allowed as Other Direct Costs.

5.4 Government Furnished Materials or Property - None Anticipated

5.5 Post Award Orientation Conference

The contractor shall participate in a post-award conference for the purposes of making introductions, coordinating security requirements, discussing schedules, prioritizing PWS requirements.

The contractor shall commence work on the first day of the period of performance. The Post Award

Orientation Conference shall occur no later than 10 days after award. Attendance by the contractor shall be at no additional (direct) cost to the Government. The Post Award Orientation Conference can be conducted by teleconference.

5.6 Place of Performance and Work Hours

The contractor support operations are between 0700 and 0300. Herbicide application shall be conducted during weekend hours only. The contractor shall coordinate work schedule in advance with the COR and the appropriate POC at Cannon AFB.

The contractor can use Bobcat Landing Zone (SE of the gate on Sundale Valley Road) for the staging of spray operations. In the event of a spill the contractor is responsible for cleanup.

5.7 Order Close-out Procedures

The contractor shall submit a final invoice within sixty (60) calendar days after the end of the

Performance Period. All invoices shall be received within this period. The contracting officer shall not extend the period of performance, or the invoice submittal period to wait on subcontractors to bill the prime contractor. All rates are negotiated at the time of award, and the contractor shall control and account for all time by their own personnel and their subcontractor or CTA personnel to allow for timely billing in accordance with the terms expressed in this section. After the final invoice has been paid the contractor shall furnish a completed and signed

Release of Claims form to the Contracting Officer. This release of claims is due within fifteen

(15) calendar days of final payment.

The Government reserves the right to require a release of claims at the end of each performance period, after all payments have been completed. **NOTE: No rates agreed to under the terms of this order are subject to DCAA or other “final” audited rates.

5.8 Unilateral Close Out Modifications:

FAR clause 52.212-4(c) is hereby amended as follows: The Government reserves the right to issue unilateral close out modifications to close out commercial contractual agreements, after the contractor has acknowledged the order is closed and that no further liability exists on behalf of the parties. The

Government also reserves the right under the unilateral close out modification to de-obligate money after full payment has been made to the contractor for their services/materials under this order.

5.9 Third Party Schedule Delays:

GSA does not warrant and cannot guarantee that the site will remain free from interference by third parties, with whom the Federal Government has no contractual relationship.

Only delays determined to be caused by the Federal Government that affect the contractor's ability to complete the contract work on time will be considered for time extensions and equitable adjustments.

5.10 Limitations on Subcontracting:

Subcontracting is allowable in accordance with applicable clauses pertaining to, and incorporated into this contract. The Government is not procuring, and will not accept a strictly “pass through” contract arrangement. In accordance with FAR 52.219-14, Limitations in Subcontracting, the prime contractor shall provide at least 50% of the overall cost of contract performance incurred for personnel, as required to perform the requirements of the PWS.

5.11 Contract Performance Evaluation:

In accordance with FAR 42.15, Contractor Performance Evaluation, the Government will provide and record Past Performance Information for acquisitions over $150,000 utilizing the Contractor Performance

Assessment Reporting System (CPARS). The CPARS process allows contractors to view and comment on the Government's evaluation of the contractor's performance before it is finalized. Once the contractor’s past performance evaluation is finalized in CPARS it will be transmitted into the Past

Performance Information Retrieval System (PPIRS).

Contractors are required to register in the CPARS, so contractors may review and comment on past performance reports submitted through the CPARS.

CPARS https://www.cpars.csd.disa.mil/

PPIRS http://www.ppirs.gov

5.12 Quality Program Plan (QPP)

The contractor shall prepare and submit a QPP which shall include the Work Plan (WP), Health and Safety Plan (HSP) (as required by 29 Code of Federal Regulations (CFR) 1910.120), All plans required by the call order shall receive signature and/or stamp of properly certified contractor staff, as required by industry standards and/or relevant laws and regulations, and as required at the call order level. (CDRLs A005, A006, A007)

5.13 Technical Data Package-GIS

The Contractor shall provide all geospatial deliverables in a format which conforms to the most current Air Force adaption of the SDSFIE, currently version 3.0. Please visit the SDSFIE website at https://www.sdsfieonline.org for information on the most current approved AF adaptation of the data standard (CDRL B001).

5.14 Post-Award Meeting/Teleconference

Within 10 day after the issuance of a call order, the contractor shall attend a post-award meeting/teleconference with the installation POC, COR, CO, and PM (if on-site, location to be specified at the call order level). The purpose of the meeting shall be to make introductions;

discuss the execution of the tasks, roles and responsibilities, performance objectives, standards;

coordinate security requirements; discuss schedules; become familiar with and prioritize the work requirements, information, and/or site-specific data addressed under the call order level;

and provide details regarding the transition of work requirements, as necessary. The contractor shall prepare and submit minutes, agendas, and/or presentations, as specified in the individual call order. (CDRLs B002, B003, B004)

5.15 Progress Meetings

The contractor shall attend periodic progress meetings/teleconferences with the installation POC and AFCEC COR; frequency and location to be specified at the Post-Award Meeting. Meetings shall be made available to the CO and PM via teleconference. The contractor shall prepare and submit minutes, agendas, and/or presentations as specific in the individual call order. (CDRLs, B002, B003, B004)

5.16 Presentation Materials

The contractor shall prepare and present briefing packages, as required in the call order, at meetings coordinated with the Government to include, but not be limited to, the post-award meeting/teleconference, and progress meetings. As part of the presentation materials, the contractor shall prepare paper copies of all slides. (CDRLs B002, B003, B004) https://www.cpars.csd.disa.mil/ http://www.ppirs.gov/

5.17 Work Breakdown Structure

The contractor shall prepare and submit a Work Breakdown Structure (WBS) for the projects and activities to be performed. The WBS shall be used to prepare quotes, develop/update project schedules, and report cost and schedule status. (CDRL B005)

5.18 Project Planning Chart (PPC)

The contractor shall prepare and submit a PPC for approval. The PPC shall detail the project schedule and status through the use of Gantt Charts, which shall depict percent complete for each task within the call order. The project schedule shall be reported using the approved WBS.

(CDRL B006)

5.19 Contractor’s Progress, Status, and Management Report (CPSMR)

The contractor shall prepare and submit a CPSMR. The CPSMR shall be used by the

Government to review and evaluate the overall progress of the project, along with any existing or potential problem areas in the call order. The CPSMR shall include a summary of the events that occurred during the reporting period, discussion of performance, identification of problems, proposed solutions, corrective actions taken, and outstanding issues. The CPSMR shall also include project schedule status. The report format shall be coordinated with the AFCEC COR.

(CDRL B008)

5.20 Master Documents List

The Contractor shall create and maintain a Master Document List (MDL) that includes all documents, whether the document is a deliverable or not, which are prepared during the course of the call order. The MDL and its documents shall be maintained in libraries readily available for submittal to the government. (CDRL B009)

5.21 Digital Imaging-Photo Documentation

Documentation shall include but not limited to photos of sites under investigation, field activities and sample locations. The contractor shall coordinate and request approval to take photos of sites on MAFR prior to field activities. (CDRL B011)

6.0 OTHER REQUIREMENTS

6.1 Period of Performance (PoP)

This contract has a POP of one year base and two one year options. The following FAR references are incorporated herein by reference:

Evaluation of Options: Options shall be evaluated in accordance with the provision (as included herein) at

FAR 52.212-2(b), Evaluation – Commercial Items.

FAR 52.217-8 Option to Extend Services (NOV 1999): The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within thirty (30) calendar days prior to the expiration of the contract.

FAR Clause 52.217-9 Option to Extend the Term of the Contract (Mar 2000):

● The Government may extend the term of this contract by written notice to the Contractor at least 1 day prior to the expiration of the current period of performance provided that the

Government gives the Contractor a preliminary written notice of its intent to extend at least

30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

● If the Government exercises this option, the extended contract shall be considered to include this option clause.

The total duration of this contract, including the exercise of any options under both clauses, shall not exceed 3 years and 6 months.

GSAR 552.217-71 Notice Regarding Option(s) (NOV 1992)

The General Services Administration (GSA) has included an option to extend the term of this contract in order to demonstrate the value it places on quality performance by providing a mechanism for continuing a contractual relationship with a successful Offeror that performs at a level which meets or exceeds

GSA’s quality performance expectations as communicated to the Contractor, in writing, by the

Contracting Officer or designated representative. When deciding whether to exercise the option, the

Contracting Officer will consider the quality of the Contractor’s past performance under this contract in accordance with 48 CFR 517.207.

6.2 Security

All Contractor personnel require a minimum of a National Agency Check with Inquiries (NACI)/SF85 for any position that requires access to the internet, use of automated systems, or unescorted entry into restricted or controlled areas prior to reporting for duty in any contract. The investigation is not for a security clearance; it is for a position of trust. This is a mandatory requirement set forth in DoD 5200.1-R and AFI 31-501 Information Security. All documentation required for security certification shall be the responsibility of the Contractor. No foreign nationals shall be employed for this contract without prior approval of the Government. All costs associated with obtaining necessary investigations and clearances shall be borne by the Contractor.

6.3 Applicable Documents

The Contractor shall identify, comply and perform all work in accordance with applicable federal, state, and local statutes, laws, and regulations, Executive Orders, DoD/AF policies, and installation requirements, including installation Activity Management Plans (AMPs) and Environmental Action Plans

(EAPs), Integrated Cultural Resources Management Plans (ICRMPs), Integrated Natural Resources

Management Plans (INRMPs), Wildland Fire Management Plans (WFMPs), and Integrated Pest

Management Plans (IPMPs). The Contractor shall be immediately capable of understanding and addressing environmental laws and regulations as they pertain to work performed under this contract order including all changes and amendments in effect on the date of issuance. The Contractor shall fulfill the performance objectives of the PWS for the duration of the contract in a manner that is consistent with

Department of Defense (DoD) and Air Force (AF) Natural Resources Management (NRM) guidance and practices. In particular, the Contractor shall adhere to the requirements of the following rules, regulations, and guidance documents:

● Department of Defense Instructions 4715.03 Natural Resources Compliance Program.

● Department of Defense Instructions 6055.6 DoD Fire and Emergency Services (F&ES) Program

● Air Force Instruction 32-7064, Natural Resources Management.

● Army Regulation 200-1, Environmental Protection and Enhancement

The Contractor shall be responsible for identifying and complying with all applicable requirements as they pertain to the project requirements. The Contractor shall immediately report any potential or actual conflicts between applicable federal, state, and/or local environmental laws or statutes; applicable

Executive Order requirements; provisions of AFI 32-7001, Environmental Management; or any other applicable requirement or AFI with the cited FAR provisions. (CDRL A001)

The contractor shall immediately report to the CO, PM, COR, and installation POC using verbal telephone or e-mail notification pursuant to the individual call order, any issues or incidents which may indicate potential imminent risk to contracted, federal, or local personnel; the public at large; or the environment. Following the verbal or e-mail notification, a written notice with supporting documentation, to include photographic documentation whenever appropriate, shall be prepared and delivered within three (3) working days to the CO. Upon request of the CO, PM or the COR, the contractor shall provide pertinent raw laboratory data immediately (not to exceed two [2] weeks) via e-mail, and then provide final results and laboratory quality data via standard mail as soon as possible. (CDRL A001)

6.4 Travel

The travel will be a reimbursable CLIN line. The travel CLIN line on the Appendix C Pricing

Spreadsheet is a Not To Exceed item and the vendor will not adjust the amount provided. The vendor will submit a Consent to Purchase (CTP) to the COR, GSA/PM and GSA/CO for approval using the ITSS ordering system. During performance on this contract, only actual travel costs are reimbursed in accordance with the JFTR and other applicable regulations, subject to the Government’s approval.

6.4.1 Trip Reports

For all travel required under the terms of this PWS, the contractor shall submit Trip Reports five working days after completion of a trip for all long distance travel and for local travel when requested by

Government Task Lead. The Trip Report shall include the following information:

● Personnel traveled

● Dates of travel

● Destination(s)

● Purpose of Trip; contract effort supported and Contract Order ID number; Government Agency supported (if applicable), explain the benefits of the travel to the Government.

● Actual Trip Costs

● Approval Authority

● Summary of events

6.4.2 Approval for Travel

All travel shall be scheduled at least two weeks in advance whenever possible to maximize savings to the

Government through receiving the best travel rates available. Emergency requirements shall be defined and approved by the COR. All travel shall be in accordance with the Federal Travel Regulation (FTR) and shall be at or below per diem. The contractor is required to ensure good stewardship of travel funds, and shall seek rates lower than per diem whenever possible. The contractor shall make every effort to locate the airport that will provide the lowest cost of air travel possible. The COR may require a cost benefit analysis to support any travel, as deemed necessary. Travel shall be at the allowable per diem rate. In the event travel charges are above per diem, the contractor shall submit a “Consent to Purchase (CTP)” form with a complete explanation to explain the circumstances. The CTP shall be approved by the COR, PM and CO in advance. Travel charges over and above per diem without proper approval, shall be at the expense of the contractor. After travel is incurred, documentation/receipts shall be sent to the COR (with the invoice submittals). NO PAYMENT WILL BE MADE WITHOUT DOCUMENTATION/

RECEIPTS.

NOTE: The Government reserves the right to audit, thus; the contractor shall keep on file all backup support documentation for travel, materials/equipment/supplies made on behalf of the

Government under the terms of the contract.

6.5 Other Direct Charges (ODC)

The ODC’s will be a FFP CLIN line. The ODC CLIN line on the Appendix C Pricing Spreadsheet is a

FFP. The contractor will complete the ODC portion on the pricing spreadsheet and will submit 3 quotes for price comparison.

6.6 Applicable Contract Clauses

The overall intent of the services offered hereunder is commercial in nature, in accordance with FAR Part

12. Because this contract is a commercial services contract, the majority of the terms and conditions are found in FAR 52.212-4 and FAR 52.212-5.

6.6.1 FAR 52.204-21 Basic Safeguarding of the Covered Contractor Information (Jun 2016)

(a) Definitions. As used in this clause—

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the

Government, but not including information provided by the Government to the public (such as on public

Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual

(Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information

(CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

6.6.2 GSAR 552.252-6 Authorized Deviations in Clauses (Deviation FAR 52.252-6) (SEP 1999)

(a) Deviations to FAR clauses.

(1) This solicitation or contract indicates any authorized deviation to a Federal Acquisition Regulation (48

CFR Chapter 1) clause by the addition of “(DEVIATION)” after the date of the clause, if the clause is not published in the General Services Administration Acquisition Regulation (48 CFR Chapter 5).

(2) This solicitation indicates any authorized deviation to a Federal Acquisition Regulation (FAR) clause that is published in the General Services Administration Acquisition Regulation by the addition of

“(DEVIATION (FAR clause no.))” after the date of the clause.

(b) Deviations to GSAR clauses. This solicitation indicates any authorized deviation to a General Services

Administration Acquisition Regulation clause by the addition of “(DEVIATION)” after the date of the clause.

(c) “Substantially the same as” clauses. Changes in wording of clauses prescribed for use on a“substantially the same as” basis are not considered deviations.

6.6.3 Clauses Incorporated by Reference

This contract incorporates one or more clauses by reference, with the same full force and effect as if they were given full text. Upon request, the CO will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://acquisition.gov/. The following FAR clauses are included in this contract for added emphasis of their applicability:

52.212-4 Contract Terms and Conditions – Commercial Items (Jan 2017) Alternate I (Jan

2017) NOTE: Paragraph 52.212-4(c) has been tailored to allow unilateral modifications for the obligation of funding, per Section I.1.1, titled “Unilateral

Modifications for Funds Management.”

Additionally, the paragraph at 52.212-4(c) has been tailored to allow for unilateral closeout modifications, per Section 5.6.6 of this PWS, titled

“Unilateral Close Out Modifications.”

http://acquisition.gov/

52.202-1 Definitions (Nov 2013)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (April 2014)

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)

52.222-59 Compliance with Labor Laws (Executive Order 13673) (Dec 2016)

52.222-60 Paycheck Transparency (Executive Order 13673) (Oct 2016)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.223-10

52.223-10 Waste Reduction Program (May 2011)

52.228-5 Insurance – Work on a Government Installation (Jan 1997)

52.232-18 Availability of Funds. (April 1984)

52.232-19 Availability of Funds for the Next Fiscal Year. (April 1984)

52.232-39 Unenforceability of Unauthorized Obligations (June 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.245-1 Government Property (Jan 2017)

52.245-9 Use and Charges (Apr 2012)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders -- Commercial Items (JAN 2017) See Full Text Version

Below: CO has selected the applicable clauses

6.6.4 FAR 52.212‐5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders--Commercial Items (JAN 2018)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78

(19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American

Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct

2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)

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

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul

2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUB Zone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUB Zone Small Business Concerns (Oct

2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

_X_ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

_X_ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657 f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C.

637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_X_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s

13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and

13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

_X_ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s

13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

(E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

_X_ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (46) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47)(i) 52.225-3, Buy American—Free Trade…