PWS_ISM_FY25_DRAFT.pdf

PERFORMANCE WORK STATEMENT

(PWS)

INVASIVE SPECIES MANAGEMENT

FLORIDA & SOUTH ATLANTIC

DIVISION

1. GENERAL INFORMATION

This is a non-personal services contract to provide vegetation management, environmental restoration/protection, and vegetation Geographic Information System (GIS) mapping and aerial photographs on various projects and properties within boundaries of the South Atlantic Division (SAD) of the U.S. Army Corps of Engineers (USACE). The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other necessary items to perform all services as defined in this performance work statement (PWS) except for those items specified as Government furnished. The contract outlines the basic services to be performed in a broad nature and each task order (TO) issued will expand the services to be accomplished which will be unique to each project.

1.1 Description of Services:

The Contractor shall conduct vegetation management activities, environmental restoration/protection and vegetation GIS mapping and aerial imagery on USACE (or areas of responsibilities) and other federal agency lands and waters. The Contractor shall provide the appropriate labor, materials, equipment, and oversight for the work performed on each TO. Project site locations will primarily be on lands managed by USACE and other federal or non-federal agencies. Work shall be performed on public/private right of ways for emergency response operations. The locations may be remote, require long distance travel in adverse conditions and may require travel via boat, barge, or other unique pieces of equipment.

(Adverse conditions may include but are not unlimited to roads/field accesses overtopped with water or washed out, heavily vegetated areas in lakes/wetlands, lakes/rivers/bays that are rough due to high winds, etc.)

1.2 Background:

The USACE conducts vegetation management, environmental restoration/protection and vegetation GIS mapping and aerial imagery activities for ecosystem restoration, flood risk management, navigation, dredge material management areas and other environmental and wetland restoration projects on USACE lands used for watershed protection, navigation, recreation, ecosystem restoration, and/or water supply.

The USACE also conducts vegetation management and environmental restoration/protection activities on other federal agency lands used for environmental/ecosystem restoration, recreation, wildlife management, recreation, navigation, and national security. In addition, during times of an emergency due to natural disasters, the USACE conducts vegetation and debris management on public/private rights- of-way (ROW) and other non-federal lands.

1.3 Objective:

Complete vegetation management a n d environmental restoration/protection activities and vegetation GIS mapping and aerial imagery.

1.4 Non-Personal Services:

The Government will neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. The Contractor shall manage its employees and guard against any actions that are of the nature of personal services or give the perception of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, the Contractor shall notify the Contracting Officer (KO) immediately. The Government will not exercise any supervision or control over the contract service providers performing the services described herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

1.5 Scope: The Contractor shall perform vegetation management activities, environmental restoration/protection, vegetation surveying/monitoring, GIS mapping and aerial imagery. The Contractor shall furnish all materials, equipment, supplies, personnel, and all other services required to perform the services outlined and as specifically identified in the individual TO. Each TO will incorporate the expanded scope of work that is specific to the services for that TO in accordance with the services categories in the base contract.

1.6 Period of Performance:

The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years. Each TO issued will incorporate the period of performance.

1.7 Place of Performance:

Each TO will incorporate the place of performance. The primary project area is located within the state of Florida; specific project details and locations will be provided per TO. The Contractor may be required to perform TOs outside of Florida, within the boundaries of the SAD of the USACE. Project sites may include a variety of diverse terrestrial and aquatic habitats on USACE property, easements, ROW or other federal and non-federal agency lands. Work may be performed on public/private ROW, easements or other non-federal lands for emergency services associated with natural disasters.

1.8 Recognized Holidays:

The Contractor shall not conduct work on Federal Holidays without prior approval of the Contracting Officer’s Representative (COR). These holidays include:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day Washington’s Birthday Veterans’ Day Memorial Day Thanksgiving Day Juneteenth National Independence Day Christmas Day Independence Day

1.9 Days of Work & Hours of Operation:

Work operations shall be conducted Monday through Friday except as otherwise specified or approved in advance by the COR. Hours of operation may be from sunrise to sunset. The Contractor shall aggressively pursue treatment of vegetation except in the event of inclement weather. Inclement weather is defined as weather conditions that affect the application/effectiveness of herbicide treatments that include rain, extreme temperatures and high winds. The Contractor shall not perform work on Saturdays, Sundays, or Federal Holidays unless approved by the COR. Weather and water stage conditions will have a direct bearing on the application of herbicides. The Contractor’s work schedule shall be sufficiently flexible to meet changing needs. The Contractor is not guaranteed hours for lost time due to unfavorable weather conditions.

2. CONTRACTOR ADMINISTRATION AND MANAGEMENT

2.1 Business Relations:

The Contractor shall successfully integrate and coordinate all activity needed to execute the requirement.

The Contractor shall manage the timeliness, completeness, and quality of problem identification. The Contractor shall provide corrective action plans, proposal submittals, timely identification of issues, and effective management of subcontractors. The Contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all Contractor personnel.

2.2 Special Requirements:

2.2.1Pesticide Applicator License:

The Contractor (and/or employees) shall possess a Florida Department of Agriculture and Consumer Services (FDACS) Commercial Applicator License with Natural Areas Management, Aquatic and ROW categories. The Contractor shall ensure that site supervisors for terrestrial plant treatments possess the appropriate FDACS license with applicable categories. The Contractor shall ensure applicators conducting aquatic plant treatments possess a FDACS license with the Aquatic category. The Contractor shall ensure sub-contractors performing herbicide applications possess a FDACS license with applicable categories. Reciprocal licenses from states that have an agreement with FDACS will be accepted. When working in states other than Florida, the Contractor shall comply with other states’ rules and regulations regarding the application of herbicides.

2.2.1 Off-road Vehicles and Heavy Equipment Operation:

The Contractor staff shall be trained and prepared to operate vehicles and heavy equipment off pavement or other improved surfaces. The nature of the work covered in the PWS requires safely navigating and traversing equipment to remote locations with minimal adverse impacts to the environment. In some cases, the equipment will need to be safely transported by barge to an island. There also may be cases where the equipment will need to be used on steep slopes near water.

2.3 Key Personnel:

The Project Manager (PM) is considered key personnel. The Contractor shall provide a PM who shall be responsible for the performance of the work. The Contractor shall designate in writing the name of this person, and an alternate who shall act for the Contractor when the PM is absent, to the KO. The PM or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operations. The PM or alternate shall be available between 6:00 a.m. to 5:30 p.m., Monday thru Friday or anytime work is being conducted, except Federal holidays or when the Government facility is closed for administrative reasons. In addition, the Quality Control Officer (QCO) and Safety Officer (SO) are considered key personnel. Qualifications for the PM, QCO and SO are listed below.

2.4 Qualifications:

2.4.1 PM: The PM shall have 5 or more years of experience in managing similar size/types of projects. In addition, the PM shall have experience overseeing aquatic and terrestrial plant management, mechanical harvesting, mechanical removal and planting operations.

2.4.2 QCO: The QCO shall have 5 or more years of experience conducting quality control (QC) activities.

The QCO shall be responsible for ensuring the quality of the Contractor’s work and should be responsible for managing their Quality Control Plan (QCP) and corrective actions related to any work considered deficient.

2.4.3 SO: The SO shall have 5 or more years of experience in implementing safety plans & procedures.

The SO shall be responsible for ensuring employees and subcontractors follow the Contractor’s safety plan, USACE Safety and Health Requirements Manual (EM385-1-1), and all other applicable safety regulations.

2.5 Identification of Contractor Employees and Equipment:

All contract personnel shall wear uniforms, badges, or use another method of identifying them as employees of the Contractor, while performing work on the Government project. The Contractor’s vehicles shall be identified with the company name prominently displayed on the outside of both front doors in such a manner as to provide a visible means of identification. The identification may be painted on the doors or magnetic signs may be attached to the doors. Logos shall not be used in lieu of the above-described vehicle identification. Equipment shall be readily identifiable with company name or logo as space may be more limited on certain types of equipment.

2.6 Subcontract Management:

The Contractor shall be responsible for any subcontract management necessary to integrate work performed and shall be responsible and accountable for subcontractor performance on this requirement. The prime Contractor shall manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations. Contractors may add subcontractors to their team after notification to the COR.

2.7 Contractor Travel:

The Contractor shall travel throughout the SAD to attend meetings, conduct site visits and to perform work.

The Contractor shall conduct work in a manner that maximizes the workday by accounting for summer weather patterns, travel time to the project site(s), and onsite logistics and travel locations. Contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation and the limitation of funds specified in this contract. The Contractor shall obtain approval/authorization from the COR prior to completing travel.

2.8 Transportation:

Upon the COR’s request, the Contractor shall provide transportation for Government personnel to access and traverse work sites in order to complete quality assurance (QA) functions and coordination efforts. Specific transportation requirements will be detailed in individual TOs.

2.9 Global Positioning System (GPS) Tracking Systems:

The Contractor shall use an USACE ISM Branch approved GPS tracking system. The GPS tracking system shall consist of a GPS unit and switch to detect flow; the system shall be capable of recording vessel travel on the water and during periods of activation/inactivation of herbicide flow. The Contractor’s system must provide an automated transfer of GPS tracks into the Florida Fish and Wildlife Conservation Commission’s spray tracker system. The Contractor shall have a GPS tracking system attached to each spray rig (air boats, vessels, swamp buggy, trucks, backpacks, etc.) that is utilized to complete aquatic herbicide applications; the GPS tracking system shall be running when conducting herbicide applications. The Contractor shall be responsible for working with an USACE biologist to acquire access to the Spray Tracker Program. The Contractor shall be responsible for setting up the GPS units on rigs and working with Fleet Tracker and USACE to ensure the GPS units are installed correctly and functioning properly. The Contractor shall identify each GPS unit on the daily report forms on the CHAD. The Contractor shall share data collected from the GPS systems during herbicide treatments. The Contractor shall ensure the GPS unit is maintained and functioning properly before beginning a herbicide application. In the event the Contractor experiences technical issues with the tracking system, the Contractor shall notify the USACE biologist within one hour to report the issue with the tracking system. The Contractor shall submit an email to the USACE biologist documenting the technical issue within 24 hours of the initial notification.

3. SECURITY

In general, the majority of project sites will not require personnel performing work under the contract to obtain a security clearance. However, certain work locations will require United States citizenship, a background check and limited use of cell phones and cameras. The Contractor shall comply with local security requirements at the time of the proposal and at a minimum maintain the same level of security for the life of the contract. In the event a specific project requires security clearance, the Contractor shall obtain the required security clearance to perform work at the project site. Any local security requirements will be specified in each TO.

3.1 Access and General Protection/Security Policy and Procedures:

The Contractor shall ensure that all employees and subcontractors comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by Government representative). The Contractor shall also provide all information required for background checks to meet installation/facility access requirements as identified by the installation Provost Marshal Office, Director of Emergency Services or Security Office. T h e Contractor shall comply with all personal identity verification requirements (Federal Acquisition Regulation clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by Department of Defense, Headquarters – Department of the Army and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition at any installation or facility change, the Government may require changes in Contractor security matters or processes.

3.2 Antiterrorism/Operation Security (AT/OPSEC) Requirements:

3.2.1 AT/OPSEC Level I Training - All Contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT/OPSEC Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee, to the COR or to the KO, if a COR is not assigned, within 5 calendar days after completion of training by all employees and subcontractor personnel. AT/OPSEC Level I awareness training is available at the following website: https://jko.jten.mil/courses/atl1/launch.html.

3.2.2 Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something) – The Government shall brief/train (provided by the Requiring Activity (RA)) the Contractor and all associated sub-contractors on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the PM, security representative or law enforcement entity.

This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR no later than 5 calendar days after the completion of the training.

3.2.3 OPSEC Standard Operating Procedure (SOP) Plan- The Contractor shall develop an OPSEC SOP Plan within 90 days of contract award and provide to the COR. The OPSEC SOP Plan must be reviewed and approved by the RA OPSEC Officer. The SOP Plan will include the Government's critical information, why it needs to be protected, where it is located, who is responsible for it and how to protect

it. In addition, the Contractor shall identify an individual who will be an OPSEC Coordinator.

3.2.4 OPSEC Training - All new Contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all Contractor employees must complete annual OPSEC awareness training. The Contractor shall submit certificates of completion for each affected Contractor and subcontractor employee, to the COR or to the KO (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html

3.2.5 Escort Requirements - All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

3.2.6 Pre-screen candidates using E-Verify Program - The Contractor shall pre-screen candidates using the E-verify Program (https://www.e-verify.gov/) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible candidates must be provided to the COR no later than 3 business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the KO and shall become part of the official contract file.

3.2.7 Threat Awareness Reporting Program (TARP) - All new Contractor employees will complete annual TARP Training provided by a Counterintelligence Agent, in accordance with Army Regulation 381-12. The Contractor shall submit certificates of completion for each affected Contractor and subcontractor employee to the COR or to the KO (if a COR is not assigned), within 5 calendar days after completion of training. Authorized web-based TARP training for Common Access Card holders is available at the following website: https://www.us.army.mil/suite/page/655474.

http://www.iad.gov/ioss/ http://www.cdse.edu/catalog/operations-security.html http://www.e-verify.gov/) http://www.us.army.mil/suite/page/655474

3.3 Physical Security:

The Contractor shall be responsible for safeguarding all Government equipment, information, and property provided for Contractor use. At the close of each workday, Government facilities, equipment, and materials shall be secured. The Contractor may be required to furnish locks to coordinate access to project sites. Such details will be specified in each TO.

3.4 Key Control:

The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. 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 QCP. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall prohibit the use of Government issued keys 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 KO.

The COR and KO shall be notified immediately regarding individuals other than Contractor employees seeking access to work areas. The Contractor shall immediately report any occurrences of lost or duplicate keys to the KO.

3.4.1 Lost Keys: In the event keys are lost or duplicated, the Contractor shall re-key or replace the keys and/or locks impacted by the loss or duplication.

3.4.2 Lock Combinations: 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. The Contractor shall include these lock safety procedures in its QCP.

3.5 Site Security: The Contractor shall leave work sites in the condition the site was found. This includes closing gates that were closed upon entry, leaving gates open that were open upon entry, and locking gates that were locked upon entering property. On USACE construction projects, the Contractor shall follow the existing site security as stipulated by the PM and primary construction Contractor. Site security specific to project sites shall be identified in each TO.

4. QUALITY

4.1 QC: Contractor shall develop and maintain an effective QC program 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 QC program is the means by which he assures himself that his work complies with the requirement of the contract. The Contractor shall provide the QCP to the COR within 30 days after contract award. The Contractor shall submit the QCP to the KO and COR within 5 working days when changes are made thereafter. After acceptance of the QCP, the Contractor shall submit any proposed change to the QC system in writing for the KO’s acceptance.

4.2 QA: The Government will evaluate the Contractor’s performance under this contract in accordance with the Performance Requirement Summary (PRS). Additionally, the Government will use a QA Surveillance Plan (QASP), in the inspection of the services. This plan is primarily focused on what the Government must do to ensure the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

4.3 QASP: The Government will monitor the Contractor’s performance under this TO in accordance with the Government’s QASP.

4.4 PRS: The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

5. SAFETY

5.1 Safety: The Contractor shall develop and maintain an effective safety program in accordance with the current edition of the USACE Safety and Health Requirements Manual, Engineer Manual (EM385-1-1).

5.2 Safety Plan (SP): The Contractor shall provide a SP for this contract for review and approval by the KO within thirty calendar days of contract award. The SP will cover all work conducted on TOs issued after the “seed” TO. After acceptance of the SP, the Contractor shall receive the KO’s acceptance in writing of any proposed change to the SP. An appendix to the SP shall be updated annually to provide a list of the incidents and accidents that occurred throughout the year.

5.3 Abbreviated SP for “Mock” TO: The Contractor shall also provide an abbreviated SP specific to the “seed” TO within five calendar days of award of the “seed” TO for review and approval by the KO. The purpose of this separate abbreviated SP is to expedite mobilization and commencement of work on the “seed” TO. An email sent to the COR sufficiently documenting the Contractor’s safety program while conducting work on the “seed” TO will satisfy the requirement for an abbreviated SP.

6. GOVERNMENT CONTRACT ADMINISTRATION

6.1 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The KO, COR and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO 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. Based on the required services, the Government reserves the right to require a post award conference on the TO.

6.2 COR: The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to assure that Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor's performance and notify both the KO and Contractor of any deficiencies; coordinate availability of Government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

6.3 QA Personnel (QA): The QAs will be identified by email from the KO/COR. The QAs assist the CORs with monitoring technical aspects of the contract and review of contract submittals. The QAs are not authorized to change any of the terms and conditions in awarded TOs.

6.4 Contractor Performance Assessment Reporting System (CPARS): This contract requires reporting in the CPARS. Any TO awarded under this contract that is valued at greater than $1,000,000.00 will also be subject to reporting in CPARS. The Contractor shall provide and maintain a representative in CPARS who has the authority to review and accept performance reports on behalf of the Contractor.

6.5 System for Award Management (SAM) Service Contract Report (SCR): The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the {Insert Component’s Name} via a secure data collection site. The Contractor is required to completely fill in all required data fields through the following web address: www.SAM.gov. Reporting inputs will be for the labor executed during the period of performance during each Government FY, which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk by clicking “View Assistance for SAM.gov” which is located at the top of the SAM.gov website. From there, you can the select “Contact Our Service Desk” which will allow you to contact SAM.gov directly. If contract period of performance ends prior to September 30, the Contractor has 30 calendar days from end date of the contract to complete the SAM SCR requirement.

Steps for Submitting a Service Contract Report (SCR)

1. Go to www.sam.gov and log in.

2. Select Entity Registrations and then select Service Contract Reporting.

3. SAM displays your entities which have service contracts and meet the reporting criteria. Select View by entity to see the service contracts for each entity.

4. Next, select Add for the service contract against which you want to create a Service Contract Report. Each service contract which meets the FAR Subpart 4.1703 reporting thresholds is displayed.

5. You will be taken to the Complete Service Contract Report page. SAM displays the contract details and allows you to report. You are required to enter the following information:

*Total Amount Invoiced: Total dollar amount invoiced for services performed during the previous Government fiscal year under the contract (this amount should include the prime and any subcontract amount).

*Prime Contractor Hours Expended: Prime contractor direct labor hours expended on the services performed during the previous Government fiscal year. The amount you enter is automatically divided by 2,080 hours to calculate a Full Time Employee (FTE) equivalent, displayed under the Prime Contractor Hours Expended as Prime Contractor FTEs.

6. Report any required Tier 1 subcontractor information by selecting the Add Tier 1 Subcontract Information button.

7. When you are ready to submit the report, select Submit. This saves your report and returns you to the Select Service Contract page where you can create other SCRs or edit an existing SCR.

Steps for Editing a Submitted Report

1. Follow steps 1-4 above. Any previously submitted SCR will have a View/Edit button instead of an Add button.

2. Select View/Edit. You will be able to view the current SCR, edit available fields, and resubmit the record. You can also delete previously entered information altogether.

STD: All information provided by the Contractor shall be accurate, complete, and not exceed suspense dates notes in corresponding paragraph above.

7. OTHER REQUIREMENTS AND INFORMATION

7.1 Other Direct Costs (ODC): ODCs are defined as costs approved by the KO that are not otherwise compensated in the contract pricing schedule. ODCs will be negotiated per TO if applicable. The Contractor shall provide receipts or other documentation for direct cost items not specified in the bid schedule.

7.2 Data Rights: The Government retains rights to all data generated during the life of the contract to include but limited to GIS data related to chemical and mechanical control of vegetation and vegetation survey data, and reports.

7.3 OCI: The Contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO. If the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO 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.

7.4 Wildlife Protection: T h e C o n t r a c t o r s h a l l n o t i n j u r e , h a r a s s o r k i l l native species of wildlife. The Contractor shall abide by all federal, state, and local rules and regulations concerning endangered species, threatened species, and special status species (SSS) / species of special concern (SSC).

The Contractor shall notify the COR immediately if a protected species is identified as inhabiting the treatment area. The Government will provide guidance regarding the protected species and treatment in the area.

7.4.1 The Contractor shall keep vegetation management activities under surveillance, management, and control to minimize interference with, disturbance to, and damage of fish and wildlife, including nests and eggs. In the event that a threatened or endangered species is harmed as a result of Contractor activities, the Contractor shall immediately cease all work and notify the COR.

7.4.2 All Contractor personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing species protected under the Bald and Golden Eagle Protection Act, the Endangered Species Act, the Florida Manatee Sanctuary Act, the Marine Mammal Protection Act, and the Migratory Bird Treaty Act. The Contractor shall be held responsible for any species harmed, harassed, or killed as a result of Contractor activities. This includes eggs and nests of species protected under these Acts.

7.5 Reports and Communication: T h e C o n t r a c t o r s h a l l s u b m i t a work schedule for the upcoming work week to the COR prior to close of business Thursday each week. Contractor’s schedule shall identify work to be completed for the upcoming work weeks and shall include area(s) of work, vegetation to be treated, estimated work hours, and type/rate of herbicides to be used. The Contractor shall record data on SAJ Form 454, Weekly Report of Operations, and reported in the Comprehensive Habitat Database (CHAD). The Contractor shall obtain access to, and enter, data in CHAD within five calendar days of award of the “seed” TO. T h e C o n t r a c t o r s h a l l i t e m i z e a n d r e p o r t a l l equipment, materials, crew time, name(s) of applicator(s), dates of application, water use restrictions followed, target plants, name of herbicides and adjuvants, and amounts used in the appropriate portions of the SAJ Form 454. A map, along with Global Positioning System coordinates of the areas treated, will also be submitted with SAJ Form 454. The reports will be reviewed for accuracy and signed by the PM of each work crew. The original work sheets will be retained by the Contractor for auditing purposes. The Contractor shall complete and submit inspection reports for areas that have been treated and determined as ready for inspection by the COR.

7.5.1 CHAD: The CHAD is utilized to track vegetation management activities and herbicide use. The Contractor shall record all daily vegetation management activities in CHAD. It will also be used for monthly invoicing purposes.

7.5.2. Invasive Species Reporting: The Contractor shall report to USACE personnel sightings of or encounters with non- native wildlife, including but not limited to, snakes such as pythons and boa constrictors. The Contractor shall also report any sightings of invasive plants that are present but not listed in the TO.

7.6 Prevention of Invasive Species Transfer: The Contractor shall thoroughly clean equipment prior to and following work on the project. Cleaning protocols include cleaning all equipment surfaces, including but not limited to undercarriage, tires, and sheet metal, to ensure that soil, vegetative debris, eggs, mollusks, larvae, seeds, and vegetative propagules are not transported from a previous work location to this project nor transported from this project site to another project site. All Contractor and Subcontractor equipment including but not limited to heavy equipment, vehicles, trailers, and all-terrain (ATV’s) must be cleaned.

Smaller equipment including chain saws, loppers, shovels, and backpack sprayers must be cleaned and inspected to ensure it is free of eggs, vegetative debris, or vegetative propagules. Cleaning protocols should address clothing and personal protective equipment. Prior to the commencement of work, the Contractor shall complete and provide a plan as part of the QCP to prevent the transfer of invasive species on/off the project site to the COR for approval. The prevention of transfer of invasive species plan shall identify specific cleaning procedures and sites/locations to conduct cleaning activities and inspections. Cleaning protocols may vary depending upon the nature of the project site. It will be the responsibility of the Contractor to inspect all equipment prior to work commencing at the project site, as well as inspecting equipment when it will be transported off the project site. Photos documenting the condition of the inspected equipment shall be provided to the COR or designated QA for the project prior to mobilization and demobilization. The Contractor shall be diligent of this issue even when working on multiple project sites at the same time. Work delays due to the fault and/or negligence of the Contractor or the Contractor’s failure to comply with this specification shall not be compensable.

7.7 Safeguarding Government Property, Private Property, Non-target Vegetation, and Wildlife:

7.7.1 The Contractor shall cooperate with USACE personnel in safeguarding Government and private property. The Contractor shall report all significant acts of treating non-target vegetation. The Contractor shall use reasonable care to avoid damaging buildings, equipment, natural areas, wetlands, non-target vegetation, and other property. If the Contractor’s failure to use reasonable care causes damage to or loss of any of this property, the Contractor shall replace or repair the damage, at no cost to the Government.

The Contractor shall repair, replace or restore to original condition, property damaged as a result of any activity by the Contractor. In all instances of Government property and/or equipment damaged by Contractor employees or Subcontractors, the Contractor shall submit a full report of the incident and extent of such damage to the COR within two business days of occurrence.

7.7.2 The Contractor shall also take precautions to minimize transport/dispersal of vegetation, including rhizomes, seeds and spores.

7.7.3 The Contractor shall use designated access routes and roads unless otherwise approved by the COR.

The Contractor shall not improve or alter access roads, trails or other structures in the area to improve access unless approved by the COR.

7.8 Problem Resolution and Communication: Corrective actions should be taken immediately to resolve problems and deficiencies once the Contractor has identified or has been notified about these issues by the COR. The Contractor shall interact with the COR to resolve problems associated with the Contract and to ensure compliance with all contract requirements. The Contractor shall communicate with the Government on a daily basis to provide information regarding current work operations.

8. DEFINITIONS AND ACRONYMS

8.1 Definitions:

8.1.2 CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

8.1.3 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.

8.1.4 COR. An employee of the U.S. Government appointed by the KO 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.

8.1.5 DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the PWS.

8.1.6 DELIVERABLE. All goods, out-puts, end products, services, work, work product, items, materials and property to be created, developed, produced, delivered, performed or provided by or on behalf of, or made available through, Contractor (or any agent, Contractor or subcontractor of the Contractor) in connection with this contract.

8.1.7 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.

8.1.8 PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

8.1.9 QA. The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

8.1.10 QASP. An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

8.1.11 QC. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

8.1.12 SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor.

8.1.13 WORKDAY. The number of hours per day the Contractor provides services in accordance with the contract.

8.1.14 WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.

8.2 Acronyms:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation AT Antiterrorism AT/OPSEC Antiterrorism / Operations Security ATV All-terrain Vehicle CCE Contracting Center of Excellence CFR Code of Federal Regulations CHAD Comprehensive Habitat Assessment Program CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial Off the Shelf 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

DMMA Dredge Material Management Area DOD Department of Defense EM385-1-1 US Army Corps of Engineers Health and Safety Requirements Manual FAR Federal Acquisition Regulation FDACS Florida Department of Agriculture and Consumer Services GIS Global Information System GPS Global Positioning System HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (Alaska & Hawaii) ODC Other Direct Costs OPSEC Operational Security PM Project Manager POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCO Quality Control Officer QCP Quality Control Program RA Requiring Activity ROW Rights-of-Way SO Safety Officer SOP Standard Operating Procedures SAD South Atlantic Division TE Technical Exhibit TO Task Order USACE U.S. Army Corps of Engineers USEPA U.S. Environmental Protection Agency UTV Utility Terrain Vehicles

9. GOVERNMENT FURNISHED PROPERY, EQUIPMENT, SERVICES AND MATERIALS

9.1 Facilities: The Government may provide facilities to store equipment and materials depending on the location and nature of the TO. The Contractor shall not expect to have this service available, but it may be possible depending on site conditions. The Government will work with the Contractor to find a system that is advantageous to both the Contractor and the Government. Details will be specified in each TO.

9.2 Utilities: The Government may provide utilities in the same manner that it provides facilities. The Contractor shall not expect to have this service available, but it may be possible depending on site conditions and location. Details will be specified in each TO.

9.3 Equipment: The Government will NOT provide equipment.

9.4 Services: The Government will NOT provide services.

9.5 Materials: The Government reserves the right to provide materials such as herbicides and adjuvants for pesticide application; the Contractor will be informed prior to the commencement of each TO whether or not the Government will provide these materials. Details will be specified in each TO.

10. CONTRACTOR REQUIREMENTS

10.1 General: The Contractor shall furnish all supplies, equipment, and services required to perform work under this contract. The Government reserves the right to provide materials such as herbicide or adjuvants.

10.2 Materials: The Contractor shall furnish all materials, supplies, and equipment necessary to meet the requirements specified in each TO.

10.2.1 Herbicides and Adjuvants: All herbicides must be U.S. Environmental Protection Agency (USEPA) registered and have appropriate state and local registrations. All herbicides shall be used in accordance with the USEPA label. The Contractor shall be liable for any penalty, fines, or damages resulting from the misuse of herbicides. These herbicides shall be provided by the Contractor, as needed, depending on the type of vegetation to be treated. All herbicide and adjuvant containers shall be properly disposed in an approved manner off Government property. All adjuvants and polymers shall carry a California label or shall be approved by the COR prior to use.

10.3 Equipment: The Contractor shall furnish all equipment needed to meet PWS requirements in each TO.

All equipment shall be in compliance with the EM385-1-1, CESAJR-385-1-1 “Safety and Occupational Health General Policy”, and all other applicable local, state and federal rules and regulations as well as paragraph 7.7 “Prevention of Invasive Species Transfer”. The Contractor shall provide adequate storage to safeguard all supplies and equipment. The COR reserves the right to inspect any of the Contractor’s equipment used under this contract to ensure it is compliant. If the equipment is found at any time not to be suitable for the purpose intended the KO reserves the right to reject it. The Contractor will not use any rejected equipment to perform work under this contract until it is re-inspected and approved for use by the COR. The Contractor is responsible for taking the necessary action to protect all property and the personal property of Contractor employees from loss, damage or theft. The Government assumes no responsibility for loss, theft, damage or any other detrimental occurrences of the above. In the event Contractor supplies or property are lost, damaged, or stolen, the Contractor will notify the COR of the incident immediately.

The Contractor will supply the COR with the necessary information to complete an offense/incident report for ENG Form 4337. The Contractor shall utilize vehicles/equipment in a manner to minimize impacts to project sites. Existing paths/roads shall be utilized to traverse the areas. If no existing paths/roads exist, the Contractor shall take precautions to minimize impacts. No access roads shall be established by placing fill material unless approved by the COR and the appropriate permits have been obtained by the Contractor.

Contractors performing work shall thoroughly clean equipment prior to and following work on each project site.

10.4 Safety Plan (SP): See paragraph 5.0 “Safety” and all subparagraphs above for SP requirements.

10.5 QCP: See paragraph 4 “Quality” and all subparagraphs above for QCP requirements.

10.6 Mobilization: The Contractor shall mobilize and start work within seven calendar days of the TO award. Ordering supplies and materials or mobilizing equipment to a project site does not constitute ‘work.’

Exceptions shall be requested via email to the COR with justification. Specific mobilization conditions or dates shall be specified in each TO.

10.7 Invoicing: Invoicing shall be conducted on a monthly basis and shall be received by the COR by the tenth day of the following month. TOs that do not span a one-month period may be invoiced upon completion of the TO requirements. The Contractor shall comply with all requirements of FAR 52-212- 4(g) when submitting invoices to the Government.

10.8 Accident Reporting: All accidents shall be reported in accordance with USACE Safety and Health Requirement Manual, EM 385-1-1.

11. PERFORMANCE REQUIREMENTS

11.1 General: The Contractor shall provide services as requested in specific TOs. Each TO will incorporate a broadened scope of work based on the service categories in the base contract. The requirements listed below are not all inclusive, additional performance requirements for the tasks will be provided with each TO.

11.2 Basic Services: The Contractor shall provide services for Vegetation Management Activities (Chemical Control and Mechanical Control – Natural Area/Terrestrial/Aquatic), Environmental Restoration/Protection and Vegetation Surveys and GIS Mapping. Individual project sites and specifications will be described within each TO. Project sites will be terrestrial, natural areas, wetlands, levees, dredge material management areas (DMMAs), restoration sites, areas adjacent to water control structures, and/or waterways. Site specific conditions and impact related information will be provided in the TOs.