PWS Conchas Vegetation Contract FY25_18MAR2025.pdf

PERFORMANCE WORK STATEMENT (PWS)

FY25 Conchas Dam Vegetation Removal

Via Pesticide Application

PART 1

GENERAL INFORMATION

1.0 General: This is a non-personal services contract to provide vegetation removal via pesticide application at Conchas Dam Project for a base year with an additional 4 option years. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the primary contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform vegetation removal via pesticide application at Conchas Dam Project, as defined in this Performance Work Statement (PWS) except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this contract.

1.2 Background: Conchas Dam Project follows the guidelines of the U.S. Army Corps of

Engineers – Albuquerque District “Routine Vegetation Management Plan” (August 2020).

The dam may contain vegetation that may include, but not be limited to, the following:

Salt cedar (Tamarix spp.)

Kochia (Bassia scoparia (formerly Kochia scoparia))

Siberian Elm (Ulmus pumila)

Canada Thistle (Circium arvense)

Tree of Heaven (Ailanthus altissima)

Cottonwood (Populus deltoides subsp. wislizeni)

Russian Olive (Elaeagnus angustifolia)

Cocklebur (Xanthium strumarium)

Ravenna Grass (Saccharum ravennae)

Sunflower (Helianthus anmuus)

Rubber rabbitbrush or chamisa (Ericameria naueosa)

Russian Knapweed (Acroptilon repens)

Perennial Pepperweed (Lepidium latifolium, L. draba)

Tumbleweed or Russian Thistle (Salsola tragus)

1.3 Objectives:

1.3.1 The Contractor shall quantify and report the total volume or mass of each active ingredient of pesticide applied each calendar year.

1.3.2 The Contractor shall develop and submit a Pesticide Management Plan prior to receiving Notice to Proceed. An updated Pesticide Management Plan shall be resubmitted annually by 15 January of each calendar year, in accordance with Technical Exhibit 2 of this PWS.

1.4 Scope: The project area is approximately 116.79 acres (Attachment 1). All vegetation within the project area shall be eliminated within the project are via application of pesticides according to contract requirements outlined in Section 5 of this PWS. Pesticides shall be applied on the project area once per calendar year. Contract performance is to avoid the nesting and migratory seasons and shall occur between October 1 and February 28 to mitigate impact to bird migration and breeding cycles.

The contractor shall report the total acreage treated and treatment method to the POC(s).

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of approximately eight months from the date of award to December 31 and four (4) 12-month option years from January 1 to December 31. The Period of Performance reads as follows:

Base Year: Date of Award to December 31, 2025

Option Year 1: January 1, 2026 to December 31, 2026

Option Year 2: January 1, 2027 to December 31, 2027

Option Year 3: January 1, 2028 to December 31, 2028

Option Year 4: January 2, 2029 to December 31, 2029

1.6 General Information:

1.6.1 Place of Performance: The work to be performed under this contract will be performed at

Conchas Dam Project, office located at 287 Bell Ranch Rd, Conchas Dam, NM 88416, which is 32 miles northwest of Tucumcari, NM and 77 miles south of Las Vegas, NM.

1.6.2 Type of Contract: The Government will award a Firm, Fixed-Price Contract. Payment shall be according to acreage in which pesticide is applied.

1.6.3 Hours of Operation: The Contractor is responsible for conducting business between the hours of 0730 and 1600 Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.4 Recognized Holidays: The Contractor wis not required to perform services on the following recognized holidays:

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Juneteenth Christmas Day

Independence Day

1.6.5 Quality Control: The Contractor shall develop and maintain an effective Quality Control Program (QCP) to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

The Contractor’s QCP is the means by which they assure themselves that their work complies with the requirement of the contract. The QCP shall be delivered within 30 days after contract award. Three copies of a comprehensive written QCP shall be submitted to the KO and COR within 5 working days when changes are made thereafter. After acceptance of the quality control plan the Contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system. The

Contractor will not be required to have a separate Quality Control Manager (QCM) on-site during all work; while quality control and required reporting remain the sole responsibility of the Contractor, the Government will accept a superintendent or foreman as a representative of, and reporting directly to, the contractor’s QCM at the discretion of the Contractor, and subject to approval by the COR. The Contractor retains all liability for ensuring reporting accuracy. The QCM shall observe work at the site at a minimum of once per week during work performance.

1.6.6 Quality Assurance: The Government shall evaluate the contractor’s performance and compliance to the defined requirements within this contract.

1.6.7 Security Requirements:

1.6.7.1 Physical Security: The contractor shall be responsible for safeguarding all Government equipment, information and property provided for contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured.

1.6.7.1.1 Antiterrorism and Operations Security: Per the guidelines mandated with the implementation of OPORD 2022-03: Integrating Antiterrorism and Operations Security (OPSEC) into the USACE Acquisition Process, the following OPSEC provisions apply to this requirement:

The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with

Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

1.6.7.1.2 Antiterrorism (AT) Level I Training: All contract personnel requiring routine access to Army installations, facilities, and controlled access areas, or requiring network access shall complete initial and annual refresher AT Level I awareness training. Online AT Level I awareness training is available at https://jko.jten.mil/ (website subject to change).

1.6.7.1.3 Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost

Marshal/Directorate of Emergency Services/Security Office using the National Crime

Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and

Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the

RA.

1.6.7.1.3 Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See

Something, Say Something): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

1.6.7.1.4 Pre-screen Candidates Using E-Verify Program (If applicable): Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility

Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/)

(website subject to change) to meet the contract employment eligibility requirements.

Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form

I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

1.6.7.2 Key Control: The contractor shall establish and implement methods of making sure all keys/key cards issued to the contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the contractor by the

Government shall be duplicated. The contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

1.6.7.2.1 In the event keys, other than master keys, are lost or duplicated, the contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the

Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the contractor.

In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the contractor.

1.6.7.2.2 The contractor shall prohibit the use of Government issued keys/key cards by any persons other than the contractor’s employees. The contractor shall prohibit the opening of locked areas by contractor employees to permit entrance of persons other than contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting

Officer.

1.6.7.2.3 Lock Combination: The contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the contractor’s

Quality Control Plan.

1.5.7.2.4 Buddy Locks: Government will assist contract with establishing combination and padlock access. Where possible, combination and padlock access will be “buddy locked” with contract provided and controlled combination or padlocks. Contractor will not lock an area in a manner that limits or stops Government access to any government property or facility. All contractor locks not installed as a deliverable item within the execution of this contract must be removed upon completion of work.

1.6.8 Special Qualifications: The Contractor is responsible for ensuring that all employees possess the required certifications, safety equipment, etc. Pesticide shall be applied under the supervision of or by a

New Mexico State Certified Pesticide Applicator.

1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officer’s

Representative (COR), and other Government personnel, as appropriate, may meet periodically with the

Contractor to review the Contractor's performance. At these meetings the Contracting officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.10 Key Personnel: The follow personnel are considered key personnel by the Government:

1.6.10.1 Contracting Officer: The Contracting Officer (KO) has the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The KO may assign certain authorized representatives of the contracting officer to act within the limits of their authority as delegated by the contracting officer. See contract documentation for KO information.

1.6.10.2 Contracting Officer’s Representative (COR): A COR will not be assigned to this contract. Instead, Lake Manager will coordinate with the KO in place of a COR.

1.6.10.3 Government Representative(s): The Government Representative(s) monitor(s) all technical aspects of the contract and assist(s) in contract administration and will perform the following: assure(s) that the Contractor executes the technical requirements of the contract, perform(s) inspections necessary in connection with contract performance; maintain(s) written and oral communications with the Contractor concerning aspects of the contract (issue written interpretations of technical requirements including Government drawings, designs, specifications), monitors Contractor’s performance, notifies both the Contracting Officer and

Contractor of any deficiencies, coordinates availability of Government furnished property, and coordinate site entry of Contractor personnel. The Government Representative(s) is/are not authorized to change any of the terms and conditions of the contract. The Government

Representatives located at the Conchas Dam Project Office are:

Jonathan Hicks, Lake Manager, Jonathan.T.Hicks@usace.army.mil, Office: (575) 868-2221;

Charles (Chuck) Oswick, Maintenance Supervisor, Charles.E.Oswick@usace.army.mil, Office: (575) 868-2221;

Christine Green, Project Assistant, Christine.D.Green@usace.army.mil, Office: (575) 868-2221;

will serve as the primary Point of Contact or site-specific activities.

1.6.11 Identification of Contractor Employees: The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the Contracting

Officer. The Contract Manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager or alternate shall be available between 0730 and 1600 Monday thru Friday except Federal holidays or when the Government facility is closed for administrative reasons. Qualifications for all key personnel are listed below.

All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. Contract personnel will not be required to obtain and/or wear badges during the performance of the work outlined in this PWS.

1.6.12 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the

Contractor without written permission from the Contracting Officer. All materials supplied to the

Government shall be the sole property of the Government and may not be used for any other purpose.

This right does not abrogate any other Government rights.

1.6.13 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent

Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The contractor shall notify the

Contracting Officer immediately whenever it becomes aware that such access or participation may result mailto:Jonathan.T.Hicks@usace.army.mil mailto:Charles.E.Oswick@usace.army.mil mailto:Christine.D.Green@usace.army.mil in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.14 Safety:

1.6.14.1 U.S. Army Corps of Engineers’ Safety and Health Requirements Manual, EM 385-

1-1 and OSHA Requirements: The Contractor will be required to comply with all pertinent provisions of the latest version of the U.S. Army Corps of Engineers Safety and Health

Requirements Manual, EM 385-1-1 in effect on the date of the contract award. EM 385-1-1 and its changes are available at https://www.publications.usace.army.mil/USACE-

Publications/Engineer-Manuals/. The Contractor must also comply with Occupational Safety and

Health Act (OSHA) standards. OSHA standards are subject to change. It is the Contractor's responsibility to maintain familiarity with current OSHA standards.

1.6.14.2 Zero Accident Goal: The Albuquerque District, in its continual pursuit of excellence in safety has established a goal of zero accidents. To attain this goal, it will be necessary for contractor management to set the expectation that worker injury is unacceptable and to create a culture where employees at all levels accept ownership of their safety performance.

1.6.14.3 Hazardous or Toxic Conditions: If the Contractor encounters any possible hazardous or toxic conditions, the POC must be notified immediately for appropriate action.

1.6.14.4 Contractor Accident Prevention Plan: Submit the Accident Prevention Plan (APP) for review and acceptance by the Government. A competent person must prepare the written site-specific APP. Prepare the APP in accordance with the EM 385-1-1 and the ENG Form 6293.

The APP is a written site-specific Safety and Occupational Health (SOH) plan that documents project, contract, and job-specific potential hazards in the workplace, and the company policies, controls, and work practices that will be used to minimize those hazards. Upon contractor approval, the plan must be submitted to the KO for review and acceptance prior to the performance of any work. No contract work can begin without a KO accepted APP.

1.6.15 Cultural and Environmental Compliance

1.6.15.1 Protection of Natural Resources: The Contractor shall describe measures to protect and mitigate impacts to land resources, landscape features, stream crossings, fish and wildlife resources, wetlands, and waterways.

1.6.15.2 Protection of Historical and Archaeological Resources: The Contractor shall describe measures to protect and mitigate impacts to historical and archaeological resources identified in

Attachment 3: Restricted Areas.

1.6.15.3 National Environmental Policy Act (NEPA): The proposed action is considered a categorical exclusion from the National Environmental Policy Act of 1969, as amended [NEPA; 42 U.S.C. 4321, et seq.]. Pertinent categorical exclusions, as noted in Engineer Regulation 200-2-2 (33 CFR 230), Environmental Quality Procedures for Implementing NEPA, Section 9 are:

https://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/ https://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/

• Activities at completed Corps projects which carry out the authorized project purposes.

• Minor maintenance dredging using existing disposal sites.

The proposed project is needed to maintain dam function. No conditions exist that would warrant preparation of an Environmental Assessment or an Environmental Impact Statement. The proposed activities, include measures to minimize impacts to minimal or no adverse effect on the natural resources of the area and should include neither individual nor cumulative impacts to the quality of the human environment.

1.6.15.4 Cultural Consultation: Pursuant to 36 CFR 800.2, consulting parties in the Section 106 process identified for the proposed project include the U.S. Army Corps of Engineers and the State

Historic Preservation Office (SHPO). The SHPO and USACE concur that the project has no effect on cultural resources.

1.6.16 Environmental Protection Plan: Prior to initiating any onsite work, the Contractor shall submit an Environmental Protection Plan (EPP) within 60 days after the contract award date and not less than 30 days before the Pre-Service Meeting. The purpose of the EPP is to present an overview of known or potential environmental issues that must be considered and addressed during the performance of the requirements of this PWS.

The Contractor shall revise the EPP throughout the Project to include any reporting requirements, changes in site conditions, or contract modifications that change the project scope of work in a way that could have an environmental impact. No requirement in this section will relieve the Contractor of any applicable Federal, State, and Local environmental protection laws and regulations. During the performance of the requirements of this PWS, the Contractor shall identify, implement, and submit for approval any additional requirements to be included in the EPP. A current version of the EPP shall be readily available onsite during the performance of the requirements of this PWS.

The EPP shall include, but is not limited to, the following elements:

A) General Overview and Purpose: A brief description of each specific plan required by environmental permit or elsewhere in this Contract such as stormwater pollution prevention plan, spill control plan, solid waste management plan, wastewater management plan, air pollution control plan, contaminant prevention plan, pesticide management plan, traffic control plan, etc.

B) Duties: The duties and level of authority assigned to the person(s) on the job site who will oversee environmental compliance, such as who is responsible for adherence to the EPP, who is responsible for spill cleanup and training personnel on spill response procedures, who is responsible for manifesting hazardous waste to be removed from the site (if applicable), and who is responsible for training the

Contractor’s environmental protection personnel.

C) Procedures: Standard and project-specific operating procedures that will be used to effectively manage and protect the environment on the project site.

D) Communication: Describe the communication and training procedures that will be used to convey environmental management requirements to Contractor employees and subcontractors.

E) Contact Information: Emergency contact information (office phone number, cell phone number, and email address) for responsible Contractor personnel.

F) Maps and Plans: Develop maps and plans that document the locations of proposed temporary excavations or embankments for haul roads, stream crossings, material storage areas, structures, sanitary facilities, storm drains and conveyances, and stockpiles of excess oil or other hazardous material, if applicable. Delineation of all activities in each portion of the area and identify the areas of limited use or nonuse.

G) Stormwater Management and Control: The Contractor shall describe the current ground cover and erodibility of soils onsite. Temporary and permanent measures and structural practices to minimize surface water runoff and the subsequent mobilization of sediment during and following performance of the requirements of this PWS. The description should include effective selection, implementation, and maintenance of Best Management Practices (BMPs).

H) Protection of the Environment from Waste Derived from Contractor Operations: Describe practices to control and the disposal of solid, sanitary, and hazardous waste. At a minimum, include the following:

list of the types of hazardous wastes expected to be generated, procedures to ensure a written waste determination is made for appropriate wastes that are to be generated; sampling/analysis plan, including laboratory method(s) that will be used for waste determinations and copies of relevant laboratory certifications; methods and proposed locations for hazardous waste accumulation/storage (that is, in tanks or containers); management procedures for storage, labeling, transportation, and disposal of waste

(treatment of waste is not allowed unless specifically noted); management procedures and regulatory documentation ensuring disposal of hazardous waste complies with Land Disposal Restrictions;

management procedures for recyclable hazardous materials such as lead-acid batteries, used oil, and similar; used oil management procedures in accordance with 40 CFR 279; hazardous waste minimizing procedures; plans for the disposal of hazardous waste by permitted facilities; and procedures to be employed to ensure required employee training records are maintained.

I) Prevention of Releases to the Environment: Describe procedures to prevent releases to the environment. Include a process of notifications in the event of a release to the environment.

J) Regulatory Notification and Permits: List what notifications and permit applications must be made.

Some permits require many days to obtain. Demonstrate that those permits have been obtained or applied for by including copies of applicable environmental permits. The EPP will not be approved until the permits have been obtained.

K) Air Pollution/Engineering Processes: Identify planned air pollution-generating processes and management control measures (including, but not limited to, spray painting, abrasive blasting, demolition, material handling, fugitive dust, and fugitive remissions). Log hours of operations and track quantities of materials used.

L) Compliant Materials: Provide the Government a list of and SDSs for all hazardous materials proposed for use onsite. Materials must be compliant with all Clean Air Act regulations for emissions including solvent and volatile organic compound contents, and applicable National Emission Standards for

Hazardous Air Pollutants requirements. The Government may alter or limit use of specific materials as need to meet installation permit requirements for emissions.

M) Spill Control Plan: The Contractor shall provide a Spill Control Plan, which shall include the procedures, instructions, and reports to be used in the event of an unforeseen spill of a substance regulated by 40 CFR 68, 40 CFR 302, 40 CFR 355, and/or regulated under State or Local laws and regulations.

The Spill Control Plan supplements the requirements of EM-385-1-1. This plan shall include as a minimum:

• Name of Reporting Individual: The name of the individual who will report any spills or hazardous substance releases and who will follow-up with complete documentation. This individual shall immediately notify the Contracting Officer and Government Representative(s) in addition to the legally required Federal, State, and Local reporting channels (including National

Response Center 1-800-424-8802) if a reportable quantity is released to the environment. The plan shall contain a list of the required reporting channels and telephone numbers.

• Name and Qualifications of Responsible Individual: The name and qualifications of the individual who will be responsible for implementing and supervising the containment and cleanup.

• Training Requirements: Training requirements for Contractor’s personnel and methods of accomplishing the training.

• List of Materials and Equipment: A list of materials and equipment to be immediately available at the job site, tailored to cleanup work of the potential hazard(s) identified. All materials used on this project shall be new, of proper type and grade, of USA manufacture, as herein specified and shall be subject to approval. Rejected materials shall be promptly removed by the Contractor from the project site, properly disposed of, and replaced in a timely manner with acceptable materials at no additional expense to the Government.

• List of Suppliers: The names and locations of suppliers of containment materials and locations of additional fuel oil recovery, cleanup, restoration, and material-placement equipment available in case of an unforeseen spill emergency.

• Disposal Process: Disposal of all project waste shall be off-site and in accordance with all

Federal, State, Regional, and Local laws and regulations.

1.6.17 Detailed Management Practices

Best Management Practices (BMPs) shall be incorporated into plans and implanted throughout the project, as follows:

A) All service materials shall be recycled to the extent possible. Solid waste generation shall be minimized throughout the duration of this project.

B) Treat all vegetation located within the areas shown on the vegetation free zones. Apply pesticide approved for riparian or aquatic use to vegetation within 50 ft of standing water or within the OHWM.

C) Any leftover materials shall be managed in accordance with the Safety Data Sheet (SDS). Empty containers shall be disposed of as solid waste in accordance with Federal, State, Regional, and Local laws and regulations.

D) All wastewaters shall be managed in accordance with Federal, State, Regional, and Local laws and regulations.

E) In the case that any non-native soils, discolored soil, soil with an odor, or any debris are discovered, stop work immediately and notify the POC immediately for notification of the District Environmental

Engineering Section of Albuquerque District. If the material is determined to be free of contamination and unregulated, work will proceed without change.

F) If any material, not indicated, that may be hazardous to human health upon disturbance during work activities is encountered, stop that portion of work and notify the POC immediately for notification to the

Contracting Officer. Within 14 calendar days, the District Office Environmental Engineering Section with determine if the material is hazardous. If material is not hazardous or poses no danger, the

Government will direct the Contractor to proceed without change. If material is hazardous and handling of the material is necessary to accomplish the work, the Government will issue a modification purchase to

“FAR 52.243-4, Changes” and “FAR 52.236-2, Differing Site Conditions”.

G) All equipment that shall be used at the site shall be inspected prior to being mobilized to the site to ensure that there are no leaks or drips. There shall be no fueling of the equipment or maintenance work performed at the Project site. The equipment operator shall keep a fuel and flued spill kit on board including absorbent pads that can be used to contain any drips or spills that may result from operating the equipment. Any equipment in disrepair shall be removed from the site immediately.

H) Storage, fueling, and lubrication of equipment and motor vehicles must be conducted in a manner that affords the maximum protection against spill and contamination of the environment. Manage and store fuel, lubricants, and oil in accordance with all Federal, State, Regional, and Local laws and regulations.

Used lubricants and used oil to be discarded must be stored in marked corrosion-resistant containers and recycled or disposed of off-site in accordance with State, Regional, and Local laws and regulations.

I) It is required that land scarring during these activities be kept at a minimum. Any wheel ruts or land damage caused by vehicles used during these activities shall be leveled and repaired immediately or after vegetation removal activities are complete.

J) Migratory birds, their eggs, nests, and chicks are protected under the Migratory Bird Treaty Act

(MBTA). If any active nests are encountered, the Contractor shall stop working and immediately notify the POC. Activities that would directly impact the nest or that that would encroach close enough to cause adult birds to abandon the nest during the breeding season, are strictly prohibited, and all work must be stopped/suspended until the chicks have fully fledged from the nests.

K) The Contractor shall notify the POC immediately of any damage to Government or private property and injury to any person resulting from Contractor operations. The Contractor shall be responsible for restoring any Government facilities or structures damaged as a result of Contractor operations.

Reasonable care shall be taken to avoid damage to existing structures and equipment. Any such damage shall be repaired or replaced as directed by the Contracting Officer, or their authorized representative, at no cost to the Government. If the Contractor does not make such repair or replacement, the cost thereof will be deducted from payments made to the Contractor. The Contractor shall advise the POC of any damage to the facilities due to vandalism or other causes on the day such damage is noticed. Upon completion of the work, the Contractor shall leave existing works in a condition equal to that which existed when work started.

PART 2

DEFINITIONS & ACRONYMS

2.0 Definitions and Acronyms:

2.1 Definitions: For specific areas located at Conchas Project referred to within this PWS, refer to

Attachment 1, including, but not limited to adit, wing, spillway, etc.

2.1.1 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.2 Contracting Officer (KO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

2.1.3 Contracting Officer’s Representative (COR): An employee of the U.S. Government appointed by the Contracting Officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 Defective Service: A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5 Deliverable: Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

2.1.6 Government: The term Government is used in this PWS to describe the U.S. Army Corps of

Engineers Project and District Offices.

2.1.7 Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS.

When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.8 Pesticide: Any substance or mixture of substances intended for preventing, destroying, repelling any pest; also, any substance or mixture of substances for intended use as a plant regulator, defoliant, or desiccant. Pesticides include fungicides, herbicides, insecticides, larvicides, rodenticides, avicides, molluscicides, pesticides, etc.

2.1.9 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.10 Quality Assurance (QA): The Government procedures to verify that services being performed by the contractor are performed according to acceptable standards.

2.1.11 Quality Control (QC): All necessary measures taken by the contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.12 Site Safety and Health Officer (SSHO): This contract will allow the Contractor to utilize the foreman or superintendent to act as the Site Safety and Health Officer provided he or she meets all requirements laid out in the EM 385 1-1 Safety and Health Manual, Section 01.A.17. This person and all qualifications shall be established through submittal and approval by the USACE Safety Office. The manual will available free online through USACE.

2.1.13 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.14 Waters of the United States (WOTUS): The bodies of water subject to federal regulation under the Clean Water Act.

2.1.15 Work Day: The number of hours per day the contractor provides services in accordance with the contract.

2.1.16 Work Week: Monday through Friday, unless specified otherwise.

2.2 Acronyms:

ACOR Alternate Contracting Officer's Representative

AFARS Army Federal Acquisition Regulation Supplement

AR Army Regulation

AT Antiterrorism

CCE Contracting Center of Excellence

CFR Code of Federal Regulations

CONUS Continental United States (excludes Alaska and Hawaii)

COR Contracting Officer Representative

COTR Contracting Officer's Technical Representative

COTS Commercial-Off-the-Shelf

CUI Controlled Unclassified Information

DA Department of the Army

DD250 Department of Defense Form 250 (Receiving Report)

DD254 Department of Defense Contract Security Requirement List

DFARS Defense Federal Acquisition Regulation Supplement

DMDC Defense Manpower Data Center

DOD Department of Defense

EPP Environmental Protection Plan

FAR Federal Acquisition Regulation

HIPAA Health Insurance Portability and Accountability Act of 1996

KO Contracting Officer

NCIC-III National Crime Information Center-Interstate Identification Index

NPDES National Pollutant Discharge Elimination System

OCI Organizational Conflict of Interest

OCONUS Outside Continental United States (includes Alaska and Hawaii)

ODC Other Direct Costs

OPSEC Operation Security

PIPO Phase In/Phase Out

POC Point of Contact

PRS Performance Requirements Summary

PWS Performance Work Statement

QA Quality Assurance

QAP Quality Assurance Program

QC Quality Control

QCP Quality Control Program

TE Technical Exhibit

TSDB Terrorist Screening Database

USACE U.S. Army Corps of Engineers

WOTUS Waters of the United States

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.0 Government Furnished Items and Services:

3.1 Services: The Government will provide a site visit at the time listed below. The Government will also provide guidance and progress meetings, as necessary.

WHO: Contractors interested in the FY 2025 Conchas Vegetation Removal Contract.

WHAT: Site visit of the facility, RSVP to Technical POC Christine Green, at

Christine.D.Green@usace.army.mil or (575) 868-2221.

WHEN: 26-MAR-2025 at 1300 MDT.

WHERE: Conchas Dam USACE Project Office, 287 Bell Ranch Road, Conchas Dam, NM 88416;

building on the west side just after crossing the dam heading north on HWY 433.

WHY: To better understand requirements of contract before quote submission deadline.

3.2 Facilities: The Government will provide the Contractor with any necessary keys or combinations to locks to access Conchas Dam Project areas in which the Contractor will require access upon the

Contractor’s arrival for the performance of services and check in at the Visitor Center. Keys and lock combinations must be returned to the POC/COR upon completion of the work described in this PWS.

Water for the formulation of pesticide is accessible and bathrooms facilities are accessible and available onsite to the Contractor.

3.3 Utilities: The Government will make available and allow the Contractor the use of utilities and water for the tasks outlined in this PWS. If utilities are furnished, the following is required: The

Contractor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

3.4 Equipment: The Government will not provide any equipment for performance of this contract.

3.5 Materials: The Government will provide water, maps to the area, office and work cell phone numbers for key personnel on the project, and work email addresses for all personnel for this contract.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.0 Contractor Furnished Items and Responsibilities:

4.1 General: The contractor shall furnish all supplies, equipment, materials, and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Secret Facility Clearance: A Security Facility Clearance is not necessary for this contract.

4.3 Materials: The contractor shall furnish all personnel, equipment, supplies, services, transportation, tools, materials, supervision, and other items (personal and non-personal) for services required to meet the requirements in this PWS.

4.4 Equipment: The contractor shall provide all necessary equipment to meet the requirements in this PWS.

4.5 Government Safety Requirements: The contractor shall submit their written Accident

Prevention Program to the Contracting Officer for evaluation and acceptance. The plan must be submitted and approved before any on-site work begins. The plan must include an acceptable spill plan.

4.6 Service Contract Reporting (SCR): Not Required.

PART 5

SPECIFIC TASKS

5.0 Specific Tasks: The Contractor shall furnish all personnel, equipment, supplies, services, transportation, tools, materials, supervision, and other items (personal and non-personal) for services required to meet the requirements in Part 1 General portion of this PWS.

5.1 Base Task 1: Project Management and the Development of Project-Specific Plans

5.1.1 Pre-Service Meeting: The Contractor shall coordinate and conduct a Pre-Service Meeting with the Project Office/POC prior to commencing onsite activities. Project boundaries shall be reviewed with the onsite POC at the time of the Pre-Service Meeting. An environmental briefing shall be included in the

Pre-Service Meeting. Provide the following information at the Pre-Service Meeting: types, quantities, and use of hazardous materials that will be brought onto the installation and all types and quantities of wastes/wastewater that may be generated during the performance of the Contract.

Prior to the start of any onsite performance requirements of this PWS, the Contractor must perform a Pre-

Service Survey of the project site with the POC and take photographs depicting existing environmental conditions in and adjacent to the site and submit a report for the record. Include in the report a plan describing the features requiring protection under the provisions of the Contract Clauses, which are not specifically identified on the drawings as environmental features requiring protection along with the condition of trees, shrubs, and grassed areas immediately adjacent to the site of work and adjacent to the

Contractor’s assigned storage area and access route(s), as applicable. The Contractor and the Contracting

Officer will sign this survey report upon mutual agreement regarding its accuracy and completeness.

Protect those environmental features included in the survey report and any indicated on the drawings, regardless of interference that their preservation may cause to the work under this Contract.

5.1.3 Service Submittals

5.1.3.1 Pre-Service Submittals

The … Treatment Plan and submit the plan to the Contracting Officer, POC, and ECG-E staff member of the Environmental Engineering section for approval (see Technical Exhibit 3). Included in the plan:

sequence of treatment, dates, times, locations, pesticide trade name, EPA registration numbers, acreage, types and quantities of pesticides used during each calendar year (due annually on or before January 15 of each calendar year), authorized uses, chemical composition, formulation, original and anticipated concentrations, application rates of active ingredient (i.e. pounds or volume of active ingredient applied), equipment used for application, locations for pesticide mixing and storage, Safety Data Sheets (SDS), pollution prevention and spill response plans, calibration of equipment, and departures form the manufacturer’s specifications. Federal, State, and Local pest management record keeping and reporting requirements, as well as any additional Project Office specific requirements shall be fulfilled. The plan shall be developed by a State Certified Pesticide Applicator and include a copy of their current certification in the State of New Mexico.

Contractor must supply the agency with a list of pesticides to be applied at least 30 days prior to the scheduled pesticide application.

Comply with 40 CFR 152-189, state, regional, and local pesticide management record-keeping, and reporting requirements, as well as with any additional Project Office specific requirements in conformance with Section 5-4 “Program Requirements” for data required to be reported to the Installation is required.

5.1.3.2 Post-Service Submittals

Prior to the contract close-out, the Contractor shall provide/submit the following submittals:

Quantity (volume/weight) of pesticide applied by calendar year. For applications that require authorization under the National Pollutant Discharge Elimination System (NPDES) Pesticide General

Permit, the Contractor shall report total quantity applied and the quantity applied to Waters of the United

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