Released Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W912DQ22Q1034 18-May-2022

b. TELEPHONE NUMBER

816-389-2435

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 20 Jun 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912DQ9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MARK T MCCANN

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W58XUW21103535

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE, KANSAS CITY +

FEDERAL BLDG, CT-C +

601 E 12TH ST RM 647

KANSAS CITY MO 64106-2896

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 966424 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

POMME DE TERRE PROJECT OFC

SHANNON HENRY

23697 COUNTY ROAD 218

HERMITAGE MO 65668-9509

TEL: 816-389-2290 FAX:

816-389-2029/2030FAX:

TEL: 816-389-3812 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF46

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912DQ22Q1034

Section A - Solicitation/Contract Form

SOLICITATION/CONTRACT FORM

This is a combined synopsis/solicitation for services prepared in accordance with the format in FAR Part 12.603 as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation and quotes are being requested. A written solicitation will not be issued.

The solicitation number for this acquisition is W912DQ22Q1034 and it is being issued as a Request for Quotes (RFQ).

Offers are due at the time and date specified in box 8. Offers shall be submitted in PDF format via e-mail to Mark.T.Mccann@usace.army.mil and Christopher.W.Anderson@usace.army.mil. All offers must be good for at least 90 days from offer due date.

The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-03.

This synopsis/solicitation shall be set aside for small businesses and the associated North American Industry Classification System (NAICS) code is 561730 – Landscaping Services and the business size standard is $ 8 million.

Product/Service Code: F014 - Natural Resources / Conservation – Tree Thinning

Description of Services Required: The Contractor shall provide personnel, material, and equipment as specified in the Performance Work Statement to perform Wildlife habitat, Invasive trees & Vegetation Management at the Stockton Lake Project as described in this Performance Work Statement (PWS) and elsewhere in the contract. The Contractor shall perform the specific tasks listed in Section 1.1. The Contractor shall submit a copy of their quality control plan to the COR for approval prior to the start of work.

Place of Contract Performance: Hickory County, Missouri 65668

Far 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services does apply to this acquisition with no addenda to the provision and is located in Section L of this combined synopsis/ solicitation.

Far 52.212-2, Evaluation – Commercial Products and Commercial Services does apply to this acquisition with no addenda to the provision and is located in Section M of this combined synopsis/solicitation.

FAR 52.212-3, Offeror Representations and Certifications – Commercial Items, does apply to this acquisition with no addenda to the provision, and is located in Section K of this combined synopsis/solicitation.

FAR 52.212-4, Contract Terms and Conditions – Commercial Items, does apply to this acquisition with no addenda to the provision. These specific clauses required are located in Section I of this combined synopsis/solicitation.

FAR 52.212-5, Contract Terms and Conditions – Required to Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition. These specific clauses required are located in Section I of this combined synopsis/solicitation.

Additional contract requirement(s) or terms and conditions are located in Section J of this combined synopsis/solicitation.

In accordance with FAR 52.212-1(k) the prospective awardee shall be registered and active in https://SAM.gov/for their System Award Management (SAM).

PLEASE NOTE: Interested vendors must go to SAM.gov to register in the System for Award Management (SAM) and to review current notices or announcements.

Contractors may obtain information on registration and annual confirmation requirements via the Internet at https://SAM.gov/ or by calling (866) 606-8220.

The System for Award Management (SAM) is a Federal Government owned and operated free web site. If you are a small business needing assistance with registering or help with navigating through the website, you may contact the Association for Procurement Technical Assistance Centers for help with actions such as SAM.gov registration.

If you have questions about Government procurements in general or need assistance in the preparation of your proposal, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace.

To locate a PTAC near you, go to http://www.aptac-us.org/sam-registration/.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

FY23 BOUNDARY CLEARING & MAINTENAN

FFP

The Government's payment for 20 miles shall constitute full compensation to the Contractor for furnishing labor, equipment, and materials; and for performing all operations required to complete the work in conformity with the Performance Work Statement (PWS) located in section C.

FOB: Destination

MILSTRIP: W58XUW21103535

PURCHASE REQUEST NUMBER: W58XUW21103535

PSC CD: F014

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job

OPTION FY23 BOUNDARY CLEARING & MAINTENAN

FFP

The Government's payment for 12 miles shall constitute full compensation to the Contractor for furnishing labor, equipment, and materials; and for performing all operations required to complete the work in conformity with the Performance Work Statement (PWS) located in section C.

FOB: Destination

PSC CD: F014

NET AMT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

BOUNDARY CLEARING/MAINTENANCE SERVICES

POMME DE TERRE LAKE, MISSOURI

PERFORMANCE WORK STATEMENT

(PWS)

1. General Information

1.1 Background: Boundary clearing/maintenance performance-based contract utilized by the Pomme de Terre Lake Project, Kansas City District, Corps of Engineers, encompass vegetation clearing, chemical application, sign replacement, and post maintenance/replacement necessary to maintain the project boundary area as specified.

1.2 Scope of Work: The contractor shall provide all manpower, herbicide, equipment, fuel, tools, and supplies necessary to provide boundary maintenance services for specified areas of the Pomme de Terre Lake Project near Hermitage, Missouri as described in the attached performance work statement (PWS) and elsewhere in the contract. The Contractor shall be responsible for determining conditions affecting performance of this work.

All quantities are estimated and may be varied + or - 10% at the discretion of the Contracting Officer. Areas subject to service shall be as follows:

Boundary Clearing Herbicide

Application Mileage Maximum Posts/Signs to

Replace FY 2022 Base Contract

20 miles 50

FY 2022 Option 12 miles 5

1.3 Dates of Performance: Services performed shall be in a five (5) month period beginning November 1 through March 31 due to the requirements set forth in the Endangered Species Act: Section 7.

1.4 Post-award Conference: After award but prior to commencement of work, the Contractor shall contact the Contracting Officer Representative (COR), to arrange a meeting at the Project Office for the purpose of discussing contract requirements and details of the contract performance.

1.5 Coordination with the Project Office: After award, all documents and related correspondence shall be routed to the COR at the Project Office.

1.5.1. In order to coordinate contract compliance inspections, the Contractor shall notify the COR, (no later than the day before) of the days on which work is to be performed each week.

1.5.2. The Contractor, or his authorized representative, shall complete Government furnished daily worksheets indicating amount and type of work accomplished, chemicals used, and other pertinent information. Completed and signed worksheets shall be delivered as directed to the COR.

1.6 Safety Requirements:

1.6.1. In order to provide safety controls for protection to the life and health of employees and other persons; for prevention of damage to property, materials, supplies and equipment; and for avoidance of work interruptions in the performance of this contract it shall be the responsibility of the Contractor to comply with all pertinent provisions of the Federal, State, and local regulations governing health, training, operational, and licensing requirements as may be applicable and required for application of commercial pesticide (including OSHA Hazard Communication Standard 29 CFR 1910.1200). The Contractor shall take or cause to be taken such additional measures as the Contracting Officer may determine to be reasonable and necessary for the purpose.

1.6.2. Any injury, property damage, or safety hazard observed by the Contractor shall be immediately reported to the Project Office.

1.7 Legal Compliance: The Contractor or the Contractor's employee applying chemicals under this contract shall possess a COMMERCIAL APPLICATOR'S LICENSE acceptable to the State of Missouri; OR in lieu thereof (unless otherwise prohibited) applicator may be unlicensed, if he is closely supervised by an immediate, onsite supervisor who is licensed in accordance with the above requirement.

1.8 Required Submissions: The Contractor shall submit the following documents to the COR at the Project Office.

1.8.1. Insurance: Proof of required insurance in the form of a copy of the insurance policy or a binder issued by the insurer, to be delivered no later than the post-award conference or prior to the start of the contract service. THE FOLLOWING SCHEDULE OF

INSURANCE IS APPLICABLE:

Type Amount Worker's Compensation Coverage complying with applicable State Statute Employer's Liability Minimum amount of $100,000 Commercial General Liability Minimum amounts of $500,000 per occurrence Commercial Automobile Liability Minimum limits of $200,000 per person

& $500,000 per occurrence for bodily injury, & $20,000 per occurrence for property damage

NOTE: Coverage’s are minimums. If higher limits of coverage are required by State Statute, the Contractor shall be responsible for obtaining such additional coverage.

Information regarding State requirements may be obtained by contacting Division of Insurance, 573-751-4126, Toll Free 1-800-726-7390, https://insurance.mo.gov/

1.8.2. Licensing: Proof of proper licensing, to be delivered no later than the start of the contract period.

1.8.3 Proposed Equipment to utilize by Contractor to complete performance work requirements listed in this document.

1.9 Quality Control/Activity Hazard Analysis:

1.9.1 The Contractor shall develop a Quality Control Plan designed to demonstrate how the Contractor will meet the needs of the project. The Quality Control Plan shall document how the Contractor will identify and correct performance shortfalls. Complete records of all inspection work performed by the contractor must be maintained and made available to the government during contract performance. The Contractor shall also develop an Activity Hazard Analysis (EM385-1-1 Section 01.A.13) identifying potential safety and health hazards and controls for such hazards. Quality Control Plan and Activity Hazard Analysis shall be delivered to the Contracting Officer Representative for approval.

1.9.2 The Contractor shall designate, in writing if other than the contractor, a responsible on-site representative of each work crew who shall serve as the contact for matters involving quality and performance or nonperformance of the required work assigned to that crew. The government reserves the right to discuss matters regarding quality, performance or nonperformance with any employee on-site and currently employed by the contractor. The Contracting Officer reserves the right to disapprove any individual whom he considers to be incompetent to perform the work required.

1.10 Quality Assurance

1.10.1 A Quality Assurance Surveillance Plan (QASP) will be used during the life of the contract to ensure that the Contractor is performing the services required by this PWS in an acceptable manner. The Government develops the QASP and administers the Plan through Quality Assurance Evaluators (QAE)s.

1.10.2 The government will monitor the Contractor’s performance under this contract using quality assurance procedures developed by the Government. The government has the right to inspect all services called for by the contract. Typical procedures might include 100% or random inspections, checklists and customer complaints. The government shall perform inspections in a manner that shall not unduly delay the work.

1.10.3 If any of the services do not conform to contract requirements, the government may require the contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the government may (1) require the contractor to take necessary action to ensure that future performance conforms to contract requirements and

(2) reduce the contract price to reflect the reduced value of the services performed.

1.10.4 If the contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the government may (1) by contract, or otherwise, perform the services and charge to the contractor any cost incurred by the government that is directly related to the performance of such service or (2) terminate the contract in whole or in part.

1.11. Contractor Personnel: All contractor personnel shall be fully clothed, at all times, while performing these services. Clothing shall be clean and neat in appearance. Contractor personnel shall utilize tact, diplomacy and courtesy at all times during contact with the public.

2. Definitions and Acronyms: The following definitions and descriptions apply wherever the word, phrase, or acronym used in this performance work statement.

Contracting Officer's Representative (COR): An individual designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.

Fully-Clothed: Deemed to mean that a sleeved shirt (or T-shit), trousers, and shoes shall be worn at all times; except that this requirement shall not be construed to replace or eliminate the necessity for the wearing of appropriate protective clothing or devices as may be required for the application of various chemicals.

Quality Control (QC): A method used by the Contractor to control the quality of goods and services provided.

Quality Assurance (QA): A method used by the Government to provide some measure of control over the quality of purchased goods and services received.

3. Government Furnished Materials and Supplies:

3.1. The Government will furnish to the Contractor the following identified property to be used in performing the contract. When the property is delivered, the Contractor shall verify its quantity and condition in writing to the COR within 48 hours of receipt. Damages will be reported in writing, to the COR within 72 hours.

Item (description) Quantity Storage Location Approx. Value Steel posts As needed Project Office $15.50 each Signs As needed Project Office $7.00 each Survey Maps As needed Project Office $100.00

3.2. The following consumable items will be furnished to the Contractor by the Government from stock. The Government will retain control of expendables, to be dispensed on an as-needed basis for use in performance of the contract.

Daily Worksheets

4. Contractor Furnished Equipment and Supplies:

4.1. The Contractor shall furnish all herbicide, marker dye, transportation, chain saws and power equipment with fuel, safety equipment, sprayer, post drivers, bolts/flat washers/ nut/lock washers (as specified in Section 5.3), axes, hand tools, flagging and all other supplies and equipment necessary to accomplish the work as specified. All equipment, materials and supplies shall be approved by the COR prior to initial use.

4.2. The Contractor shall furnish to the COR, a telephone number attended during normal business hours (8 a.m. - 4:00 p.m. C.S.T) to which calls concerning performance or other contractual matters can be placed. For the purpose of time and date, a message will be deemed delivered to the Contractor, at such time as it is delivered to the number provided by the Contractor.

5. Specific Tasks: Location and vicinity maps showing the project boundary are included as attachments. Detailed survey maps are available and can be reviewed at the Pomme de Terre Project Office and will be furnished to the contractor. The Government reserves the right to designate the starting point and segments, which may be non-continuous, of boundary to be cleared. Segments of the project boundary line omitted from this contract will be designated by the COR.

5.1. Vegetation Removal: The Contractor shall clear all woody vegetation, brush, trees, stumps, vines, and downed trees and limbs from an area extending from the Government boundary line back onto Government property for a distance of six (6) feet. Higher limbs overhanging the cut area shall be cut back to provide a cleared height of seven (7) feet above ground. All trees six (6) inches in diameter or less (as measured at a height of four (4) feet above the ground) shall also be removed. Trees exceeding six (6) inches in diameter at four (4) feet in height shall have all limbs removed to a height of seven (7) feet above ground. All stub and stump cuts shall be horizontal, to preclude sharp stubs, and as close to ground level as possible. In no case shall remaining stumps or stubs exceed two (2) inches in height. Brush shall be deposited on Government land, clear of the cut area. No cut trees shall be left entangled in standing trees. All clearing and herbicide treatment of boundary line between monuments shall be completed before moving on to the next segment. The Government reserves the right to designate and mark any trees located within the work area to be left uncut.

5.2. Herbicide Application: Except as stated below the Contractor shall apply a liquid herbicide Tordon RTU (or equivalent substitute at the discretion of the COR) to all cut stumps, (except cut ends of limbs) within the cleared area. A marker dye shall be mixed with the chemical in sufficient concentration to leave an obvious and durable stain on treated areas. Stump treatment shall be applied on the same day that cutting is accomplished. Application of chemicals shall be in accordance with label directions for the material used. All empty herbicide containers shall be disposed of in accordance to label directions as ordered by the COR. Label directions and/or warnings relative to temperature or other weather conditions shall be closely adhered to. Care shall be exercised at all times by the Contractor to protect desirable (non-targeted) species from damage by the required chemical applications.

When it is the professional opinion of the Contractor that the use of chemicals, mix ratios, carriers, or rates of application, other than those specified, will result in equal or better results, the Contractor may request permission for their use. Any such request shall be submitted to the Contracting Officer Representative at least 30 days prior to the intended use. If granted, permission for the use of an alternate chemical, mix ratio, carrier, or rate of application will be in writing from the Contracting Officer. Alternate usage other than specified in the label will not be used in the absence of the specified request and approval.

5.3. Sign/Post Removal/Replacement/Maintenance: U.S. Reservation Boundary signs that are missing or are not legible shall be replaced with a new sign. Missouri Department of Conservation (MDC) signs are scattered along the boundary and are not on every boundary post.

These signs shall be taken down and a Corps of Engineers Wildlife Management Area sign shall be installed to replace the MDC sign. The wildlife management sign shall be located directly below the U.S. Reservation Boundary sign. Missing posts, broken posts, and posts that cannot be straightened shall be replaced with a new post, set two feet into the ground, one foot onto Government property from the monument. Posts shall be 6 foot, 1.12 pound, U-channel steel posts, yellow in color. All signs shall face toward private (adjacent) property. Bolts (1/4 inch X 2 inch) shall be installed with a flat washer against the sign and nut/lock washer on the back of the post. All sign bolts shall be altered, as directed, to prevent easy removal of nut. Damaged posts, signs and MDC signs that have been removed shall be delivered to the Project Office.

5.4. Encroachments: The Contractor shall provide a report listing the general location and nature of any observed encroachments on project land which appear to be new works and are permanent in nature. These encroachments consist of all unauthorized uses of Government property, including, but not limited to, placement of personal property or structures, roads, trails, fill, mowing, clearing, fencing, haying, or grazing.

5.5. Boundary Monuments: The Contractor shall provide the COR a list to be delivered weekly to include location and number, of any damaged or missing boundary monuments observed during clearing operations. All damaged boundary reference posts shall be straightened and/or reset if necessary. Missing posts, broken posts, and posts that cannot be straightened shall be replaced with a new post, set two feet into the ground, one foot onto Government property from the monument.

5.6. Miscellaneous Tasks: Access to the boundary line shall be by public access roads. It shall be the responsibility of the Contractor to secure permission for access by any other route or at any other point. At no time shall the Contractor trespass on private (adjacent) property without the permission from the property owner. Clearing shall be accomplished only on the Government side of the property boundary line. Boundary monuments (set on the property line) and reference posts (set one-foot inside) are spaced in a manner to allow a line of sight from one marker to the next. The Contractor shall, by use of flags, range poles or other methods establish the location of the boundary line within his immediate work area prior to cutting. Any aids in determining boundary lines, such as flags, string lines, etc. shall be removed upon completion of each clearing segments. Difficulty in locating monuments or property line shall be reported to the Project personnel for assistance.

6. Performance:

6.1. The services required by this contract shall be performed in a strictly first-class manner. In the event that an area or work within an area is missed the Contractor shall return and re-service the area or affected work immediately upon receipt of such notice by the COR. Failure to correct noted deficiencies will result in withholding payment for the work not performed. During the progress of this contract, if it becomes apparent that the Contractor is unable to perform the work in accordance with the contract specifications, he shall acquire additional supplies, equipment and personnel, as may be required by the COR, to insure that the work is accomplished as specified in the contract.

6.2. The use of mechanized equipment (i.e. brush cutter, tree shear, mulcher, clipper, etc.) IS authorized. Use of dozers, track loaders, excavators will be PROHIBITED. If the terrain does not permit mechanized clearing the Contractor is required to clear the boundary by other means.

Contractor may request use of ATV/UTV for off-road use only when performing contract requirements. Vehicle must be approved by the COR prior to use.

6.3. Equipment breakdown shall not relieve the Contractor of the responsibility of performing the work as specified. It shall be the responsibility of the Contractor to assure that he has, or can obtain on short notice, sufficient backup equipment to continue the services as specified without interruption in the event of mechanical failure of his primary equipment.

6.4. The FY 2022 Base and Option, if awarded contract shall be effective on date of award and shall be completed by March 31, 2023.

6.5. The contractor shall not begin performance before sunrise and shall complete performance no later than sunset of any scheduled workday.

6.6. In the event weather conditions interrupt performance of services as specified, services shall be resumed as soon as conditions permit, and work completed within the allotted timeframe (as adjusted for weather delay). Weather loss days shall be determined by the COR. Determining factors for weather loss days shall be rain.

6.7. Performance Requirements Summary (PRS):

Section (Para)

Contract Requirements

Performance Standard

Lot Description

ALP* Method of Surveillance

5.1 Vegetation Removal Clear all wood

vegetation, brush, trees, stumps, vines, and downed trees and limbs; cut overhanging limbs; deposit brush clear of the cut area

Per Mile 98% compliant

100% Inspection or Random Sample

5.2 Herbicide Application Apply liquid

herbicide to all cut stumps, stubs and stems.

Application on the same day that cutting accomplished in accordance with label directions.

Per Mile 98% compliant

100% Inspection Random Sample

5.3 Sign/Post

Removal/Replacement

Properly install posts & signs.

Per Mile 99% compliant

100% Inspection or Random Sample

*ALP=Acceptable Level of Performance

7. Applicable Publications and Forms Attached:

- MAP: Information on Pomme de Terre Lake can be found on the Internet at http://www.nwk.usace.army.mil/Locations/DistrictLakes/PommedeTerreLake.aspx

- Jobsite Map

- Contractor Daily Worksheets

- Contractor Proposed Equipment

8. Antiterrorism/Operation Security Requirements (OPSEC):

All contractor and all associated sub‐contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative).

The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) 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 project manager, 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 NLT 5 calendar days after the completion of the training.

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

Attachment No. 1

DAILY WORKSHEET

POMME DE TERRE BOUNDARY MAINTENANCE CONTRACT

CONTRACT NO.

DATE: _______________ TEMPERATURE _________ WIND SPEED/DIRECTION __________

COUNTY: ________________________

TOTAL NO. OF EMPLOYEES WORKING TODAY: ________________________

TOTAL MANHOURS WORKED TODAY: _________________________________

WORK PERFORMED TODAY: _________________________________________________________________

BOUNDARY CLEARING:

WORK BEGAN AT BOUNDARY MONUMENT NO. __________________ &

SECTION: ___________ T __________ N R _________ W

WORK ENDED AT BOUNDARY MONUMENT NO. __________________ &

SECTION: ____________ T __________ N R _________ W

TOTAL FEET OF BOUNDARY CLEARED ________________________

TOTAL NO. OF POSTS STRAIGHTENED OR REPLACED __________________

TOTAL SIGNS REPLACED __________________

PESTICIDE (TRADE NAME): ________________________

FORM APPLIED: Liquid

ACTIVE INGREDIENTS: _______________________________________________________________________

EPA REGISTRATION: __________________________ EPA CLASSIFICATION: _________________________

HOW THE PESTICIDE WAS MIXED: ____________________________________________________________

APPLICATION EQUIPMENT USED: ____________________________________________________________

DISPOSAL INFORMATION: Disposal per label directions____________________________________________

WEATHER CONDITIONS: _____________________________________________________________________

ENCROACHMENTS AND PROBLEMS NOTED:___________________________________________________

CONTRACTOR'S REPRESENTATIVE

Attachment No. 2 Jobsite Maps

See Section J for Table of Contents of Maps which will be attached to the Combined Synopsis/Solicitation at the

Government Point of Entry (GPE) at SAM.gov for this solicitation.

Attachment No. 3

Contractor Proposed Equipment

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-OCT-2022 TO

30-SEP-2023

N/A POMME DE TERRE PROJECT OFC

SHANNON HENRY

23697 COUNTY ROAD 218

HERMITAGE MO 65668-9509

816-389-2290

966424

0002 POP 01-OCT-2022 TO

30-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

966424

Section H - Special Contract Requirements

AT-OPSEC

All contractor and all associated sub‐contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative).

The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) 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 project manager, 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 NLT 5 calendar days after the completion of the training.

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

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.204-2 Security Requirements MAR 2021 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

DEC 2021

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

OCT 2020

52.215-22 Limitations on Pass-Through Charges--Identification of Subcontract Effort

OCT 2009

52.215-23 Limitations on Pass-Through Charges JUN 2020 52.222-41 Service Contract Labor Standards AUG 2018 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-44 Fair Labor Standards And Service Contract Labor Standards- Price Adjustment

MAY 2014

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

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

AUG 2018

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

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-16 Progress Payments DEC 2021 52.232-18 Availability Of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2021

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

52.246-4 Inspection Of Services--Fixed Price AUG 1996 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7007 Alternate A, Annual Representations and Certifications MAY 2021 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

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

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C.