SOL with Attachments - 22Q0055 - FTSL-HERBICIDE.pdf

SEE ADDENDUM

(No Collect Calls)

W912BV22Q0055 26-Apr-2022

b. TELEPHONE NUMBER

918.669.7657

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 26 May 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.

W912BV9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

C C THAYER

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

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

CONTRACTING DIV

US ARMY CORPS OF ENGINEERS, TULSA DISTRICT

2488 E. 81ST STREET

TULSA OK 74137-4290

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

918-669-7436FAX:

TEL: 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 OF94

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.

W912BV22Q0055

Section A - Solicitation/Contract Form

INSTRUCTIONS TO OFFERORS

Instructions to Offerors

MAIL, FAX, EMAIL or HAND DELIVER YOUR DOCUMENTS

Do not include excess information, such as audio-visual materials, electronic media, CD’s, thumb drives, etc. or pages of the solicitation that do not contain information provided by the perspective offeror. NO cross-outs or strike-through marks. Submit a legible quote with no correction marks.

EMAIL

Emailed quotes must be received in a supported Adobe or Microsoft Office file format.

These formats are the only acceptable methods of submitting a quote electronically.

Cloud storage providers, google docs, web-based drop boxes, OneNote/OneDrive, URLs, web-based format, or any other virtual/web-based memory service are NOT acceptable methods of submitting a quote electronically. All documents must be attached in one file. Reference the solicitation in the subject line. Send quotes to e-mail address CESWT‐CT‐SS‐Quotes@usace.army.mil and a copy to Mary.B.Duke@usace.army.mil. Ensure your quote is received before the due date and time. For your quote to be considered responsive, all required materials must be received before the due date and time. If all required materials are not received, your quote will not be considered.

FAX or MAIL

Include a cover sheet that references the Contract Specialist – Mary B. Duke and the solicitation number, W912BV22Q0055. Fax number is (918) 669-7436. When submitting through mail, ensure you clearly address the envelope to:

U.S. Army Corps of Engineers, Tulsa District Mary B. Duke, CESWT-CT-E 2488 E. 81st Street Tulsa, OK 74137-4290

Clearly mark the envelope in the lower left-hand corner with the solicitation number, W912BV22Q0055. All pages should be numbered. Use only 8 ½” x 11” paper for fax or mail submissions. Do not use foldouts (e.g., 11” x 14” or 11” x 17” sheets). Do not use a font size smaller than 10, or condensed print for any submission. Times New Roman or Arial Font are the only acceptable fonts. All page margins must be at least 1 inch wide but may include headers and footers. Illegible handwritten quotes will not be considered. Typed quotes are highly encouraged and the preferred method. Do not use spring clamps, staples, or exceed the recommended capacity of the fastener or binder.

Do not use plastic multi-hole/spiral binding systems, heat binding systems, or other systems which do not facilitate the ready insertion of additional pages or removal of pages. DO NOT use tabbed dividers, flagged tabs, or any divider that extends beyond the paper size to separate sections. The pages must be able to be removed from their binding without ripping or tearing. Ensure to allow enough time to submit your quote before the due date and time.

HAND DELIVER

If your submission will be hand-carried, please provide notification to the Contract Specialist, at least one working day in advance, by calling (918) 669-7027 or e-mailing Mary.B.Duke@usace.army.mil, as unescorted visitors are not allowed in the Contracting Division offices. Please consider that upon arrival, visitors must go through security check points on the 16th floor of the 20-story Building. Offerors can only submit their documents to the Contract Specialist or a Contracting Officer of the Tulsa District Office.

The Tulsa District Office is in the 20-story building of the CityPlex towers, address below:

U.S. Army Corps of Engineers, Tulsa District 2488 E. 81st Street Tulsa, OK 74137-4290

Please submit the following documents:

1) Complete a signed copy of the first page of the solicitation and all amendments, including CAGE and SAM Unique Entity ID (UEI) codes.

2) Complete the pricing schedule, provided in the solicitation.

3) Complete the sub-contractor data, provided in the solicitation - your quote must identify the business size and percentage of work to be completed by the prime contractor; and the business name, address, the percentage of work to be completed by the sub-contractor and business size of any sub-contractors, if applicable, based on the NAICS code identified. Offerors must clearly identify whether a sub-contractor(s) will be performing work, the percentage of work to be performed by each sub-contractor, and the socio-economic category into which each identified sub-contractor falls. (FAR 52.219-14 LIMITATIONS ON

SUBCONTRACTING FOR SMALL BUSINESS (DEVIATION 2021-O0008) (SEP

2021).

4) Complete the Representations and Certifications in Section K, unless already completed in the System for Awards Management at https://sam.gov/. Notice:

Failure to respond to provision 52.204-26 and, if applicable 52.204-24 will deem your offer non-responsive and un-awardable.

5) Contractor must provide a current, valid copy of their (or their Subcontractor’s) Commercial Herbicide Applicator’s license, issued by the State of Oklahoma.

Offerors must submit a COPY of the license; providing the license number only is not acceptable.

Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.

Quotes should be valid through 15-JUN-2022.

INQUIRIES – OFFEROR’S QUESTIONS AND COMMENTS

USE OF BIDDER’S INQUIRY

Prospective offerors shall submit questions and inquiries related to this solicitation in accordance with the following (no other means of questions or inquiries will be answered except through Bidder Inquiry):

For information related to amendments, and the dates set for receipt of proposals, please check https://sam.gov/.

Contractual and Technical inquiries and questions relating to proposal procedures are to be submitted via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet.

1. To submit and review bid inquiry items, offerors will need to be a current registered user or self‐register into the system. To self‐register go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your e‐mail address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

2. From this page, you may view all bidder inquiries or add an inquiry.

3. Bidders will receive an acknowledgement of their question via e‐mail, followed by an answer to their question after it has been processed.

The Solicitation Number is: W912BV22Q0055

The Bidder Inquiry Key is: 64G9KX-3A92K9

The Bidder Inquiry System will be unavailable for new inquiries 2:00 PM CST, Thursday, 19 May 2022, in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

4. Offerors are requested to review the specification in its entirety and review the

Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

5. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone

(Chicago). The telephone number for the Call Center is 800‐428‐HELP.

6. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

7. The point of contact for this solicitation is:

Contract Specialist: Mary B. Duke Telephone: 918‐669‐7027 E‐mail: Mary.B.Duke@usace.army.mil

PRE-PROPOSAL/SITE VISIT CONFERENCE

A Pre-Proposal/Site Visit Conference is not scheduled for this solicitation. Areas to be sprayed are viewable from the road. A map has been provided with the solicitation.

ANTITERRORISM AND OPERATIONS SECURITY REQUIREMENTS

The Government will provide the successful offeror with the required Army iWatch Antiterrorism Briefing documentation within two (2) business days of Contract Award.

In accordance with AFARS 5132.702(a)(ii)(B): “Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.”

Section B - Supplies or Services and Prices

PRICING SCHEDULE

Please see Section J.

SUB-CONTRACTING INFORMATION

SUB-CONTRACTING INFORMATION:

Self-Performing:

Name of

Prime Contractor Business Size of Prime Contractor

Percentage of Work to be Completed by Prime Contractor

Sub-Contractor (if applicable):

Name of Sub-Contractor Address

Business Size and Socio-economic

Category

Percentage of Work to be Completed by Sub-Contractor

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

FOR

APPLICATION OF HERBICIDES

FORT SUPPLY LAKE

WOODWARD COUNTY

OKLAHOMA

ORGANIZATION OF SPECIFICATIONS

This specification consists of a general section supplemented by exhibits and appendices. A Table of Contents is provided on the following pages.

The general section contains requirements that apply to all work to be performed under the provisions of this specification. The exhibits contain detailed listings or examples referred to in the general section and the Performance Requirements. The appendices contain a description of the facilities to be serviced and the work to be performed.

Any reference to paragraphs or subparagraphs in this specification will refer to those in the general section unless otherwise noted.

TABLE OF CONTENTS

Para.

No. PARAGRAPH TITLE

1 Scope of Work 2 Definitions 3 References 4 Initiation, Execution, & Acceptance of Work 5 Personnel 6 Equipment 7 Materials and Supplies 8 Performance Requirements 9 Contractor Quality Control 10 Deductions for Deficient Work 11 Safety 12 Reporting Defective Facilities 13 Prework Conference 14 Contractor Submittals 15 Required Insurance and Insurance Certificate 16 Billing 17 Antiterrorism & Operations Security Requirements 18 Changes in Number of Facilities Serviced

EXHIBITS

No. TITLE

1 Performance Requirements Table 2 Invoice Format 3 Quality Assurance Report 4 Quality Control Inspection Log 5 Activity Hazard Analysis

APPENDICES

Appendix TITLE

A Application of Herbicide Map

1. SCOPE OF WORK. The work required under this specification provides for the applications of herbicides at various locations on project lands at Fort Supply Lake

2. DEFINITIONS.

2.1. Contracting Officer Representative (COR). A Government employee designated by the Contracting Officer as their representative in administering this contract.

2.2. Contractor Quality Control (CQC). The contractor's system of controlling the quality of services provided under the provisions of the contract.

2.3. Deficient Service. Any service provided by the contractor that does not meet the Performance Standards specified in the Performance Requirements given in Performance Requirements Table, Exhibit 1.

2.4. Government. The term "Government," as used herein, means the United

States of America.

2.5. Performance Requirement (PR). The Government's requirement for each service provided under the contract. The requirements are stated as Performance Standards and specify the minimum standard (quality) for each service provided under the contract.

2.6. Project. The term "project" as used herein means all Government property and easements at Fort Supply Lake.

2.7. Public Use Area (PUA). Parks as well as overlooks, access points, and other areas used by the public for recreation.

2.8. Quality. Conformance with the contract specification.

2.9. Quality Assurance (QA). The procedure by which the Government determines CQC is functioning effectively.

2.10. Regulations. The term "regulations" refers to any local, state, or Federal law or regulation applicable to operation or maintenance of the project.

2.11. Workday. Any day, Monday through Friday, exclusive of Federal holidays.

This definition should not be interpreted to mean work is not required by this specification on other days.

3. REFERENCES.

3.1 Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1, current version) is hereby incorporated into this specification. A copy of the manual may be found on-line at https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/Safety-and-Health-Requirements-Manual/

3.2 Pesticide Control Program for Civil Works Projects (ER 1130-2-413) is hereby incorporated into this specification.

3.3 Oklahoma Department of Agriculture, Plant Industry Division Oklahoma Pesticide Applicators Law, Rules and Regulations Title 2, Oklahoma Statutes, Sections 3-81 through 3-86 and 3-380 through 3-388.

4. INITIATION, EXECUTION, AND ACCEPTANCE OF WORK

4.1. Performance Based Application of Herbicide

4.1.1 Initiation and execution of work. Work shall be performed as needed to comply with the performance standards (Performance Requirements Table, Exhibit 1). It is the contractor’s responsibility to determine herbicide application frequency and perform the application without work orders from the Contracting officer. Work will be accepted based on compliance with performance requirements.

4.1.2 Acceptance of work. The Government shall accept work unless the

Contracting Officer Representative (COR) notifies the contractor of deficient services. Work will be accepted based on compliance with performance requirements. Refer to Paragraph 8 for inspection criteria and contractor performance evaluation.

4.1.2.1 Initial notification of deficiencies may be written or oral;

however, all oral notification shall be confirmed in writing by the COR within two (2) workdays. Written notification shall be provided by completing Parts I, II, and III of a Quality Assurance (QA) Report (Exhibit 5, Quality Assurance Report).

4.1.2.2 If the COR notifies the contractor of deficient work, the contractor shall initiate action to accomplish corrective work.

Work performed on a daily schedule shall be re-performed the same day. Work performed on less than a daily schedule shall be re-performed not later than the following day. Refer to Paragraph 9 regarding deficient work not re-performed.

4.1.2.3 The contractor shall notify the COR when corrective work is completed. Notification shall be made by completing Part IV of the QA Report, provided it has been furnished to the contractor.

If not, notification shall be made orally. When work has been corrected, the COR shall take necessary action to complete Part V of the QA Report and provide a copy to the contractor.

5. PERSONNEL. The contractor shall provide personnel necessary to accomplish all work required by this specification within specified time limits.

5.1. Experience and Skills. The contractor shall provide personnel that are experienced and demonstrate proficiency in the skills required for performing the various types of work specified.

5.1.1. Licensing and Certification. The contractor shall be a licensed commercial applicator and be licensed and certified in accordance with Oklahoma Combined Pesticide Law and Rules. The contractor shall be licensed in the General Pest Control Category. A certified applicator or service technician shall be present during any application of pesticides.

The contractor shall be commercially licensed and must show proof of licensing before application of any pesticides.

5.2. Supervision.

5.2.1. The contractor shall provide one on—site supervisor on the project who shall have full authority to direct any work required. This supervisor and alternates, who shall have full authority to execute work during his absence, shall be designated in writing.

5.2.2. The on-site supervisor shall contact the COR each day work is being performed, between 8:00 a.m. and 8:30 a.m.

5.2.3. The contractor shall provide the COR a local or toll-free telephone number at, or through, which the supervisor can be reached between 8:00 a.m.

and 4:30 p.m. on all days in which work is being performed. Use of a cellular-type phone is acceptable.

6. EQUIPMENT. The contractor shall furnish equipment necessary to accomplish work required performing the various types of work specified.

6.1. Equipment Inspections. Upon request, the contractor shall present equipment to the COR for inspection. Equipment brought to the project shall not be used until it has passed inspection by the COR. The COR shall establish the time and location for these inspections.

6.2. Equipment Requirements. All equipment used to perform work under this specification must be in good operating and mechanical condition and shall comply the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385–1–1, in effect on the date of the solicitation.

6.3. Vehicle Operation and Parking. While performing work under this contract, vehicles shall be operated and parked only on roads, parking areas, or pullouts unless the COR approves use of other areas.

6.4. Vehicles. The contractor shall furnish suitable vehicle(s) for personnel transportation, work area use, pickup and delivery of supplies, and transport of refuse to bulk storage dumpsters.

6.4.1. Vehicle and Equipment Recovery. In the event that vehicles or equipment become immobilized, stuck, or inundated the contractor shall be responsible for the recovery or removal of vehicles and equipment. Any subsequent damage to government property during the immobilization, inundation, and/or recovery of vehicles/equipment shall be repaired at the contractor’s expense.

6.4.2. Signs located on each side of the vehicles shall mark all sedans and trucks used by the contractor to perform work under this specification.

Signs may be painted on the doors or magnetic signs may be attached to the doors. Magnetic signs shall not be removed at any time vehicles are at the project. Lettering shall be at least 2 inches high. Each sign shall contain the following:

FORT SUPPLY

HERBICIDE SERVICES

PROVIDED BY

(Contractor’s Name)

6.5. Equipment Storage. The government is not responsible for any theft or damage to unattended equipment, vehicles, and/or materials.

7. MATERIALS AND SUPPLIES.

7.1. Government Furnished.

7.1.1. Potable water.

7.1.2. All forms for submitting required reports.

7.1.3. Gate keys

7.2. Contractor Furnished. The contractor shall furnish all materials and supplies necessary to accomplish all work required by this specification within specified time limits.

7.2.1. All material and supplies shall be new and of sufficient quantities to perform the required services.

7.2.2. All materials and supplies are subject to review by the Contracting Officer’s Representative to determine compliance with this specification.

All herbicides must receive approval prior to use. A list of previously approved chemicals will be furnished upon request. Information must be submitted 10 days prior to expected use date to get approval of an herbicide not previously used or approved.

7.2.3. It is the responsibility of the contractor to determine the type of herbicides to be used for treatment of targeted species. Herbicides shall meet all EPA regulations when being applied around aquatic habitats. Best times for application of herbicides will be discussed at the Prework Conference

7.2.4. In accordance with ER 1130-2-413, the contractor will submit within 10 days after application the trade name, common name, EPA classification, form applied, diluents and dilution rate, method of application, species targeted, weather information and amounts applied. Forms will be provided by the Contracting Officer’s Representative if necessary.

7.2.5. All product label requirements and mixing instructions shall be explicitly followed during the transport, mixing, spraying, and disposal of bags and containers during the contract period.

7.2.6. An approved dye shall be used in the mixtures to aid in identifying treated areas.

7.2.7. Sustainability Compliance. The contractor furnished materials and supplies shall be in compliance and meet the minimum standards for the BioPreferred Program requirements set forth by the EPA and USDA.

Information for EPA and USDA designated product categories can be found at:

https://www3.epa.gov/epawaste/conserve/tools/cpg/products/index.htm https://www.biopreferred.gov/BioPreferred/

8. PERFORMANCE REQUIREMENTS. PRs for work performed under this specification are given in Exhibit 1. The contractor's performance will be evaluated using these PRs as follows:

8.1. Services provided by the contractor will be inspected for compliance with Performance Standards. Services not meeting Performance Standards shall be considered deficient. Major or recurring minor deficiencies will result in a letter of correction being issued by the COR.

8.2. Deficient services are determined during initial QA inspections since the purpose of QA is to determine how well CQC is functioning. The results of inspections are not changed as a result of satisfactory re-performance.

9. CONTRACTOR QUALITY CONTROL. The contractor shall establish and execute a

CQC Program in accordance with clause 52.212-4(a) "Inspection/Acceptance" to assure that all work required by this specification is completed on schedule and in accordance with the PRs in Exhibit 1.

9.1. The results of all quality control inspections conducted by the contractor shall be entered on the Quality Control Inspection Log (SWT Form 990, Exhibit 3).

A copy of completed inspection logs shall be furnished to the COR daily or when an area is completed, whichever is later.

9.2. The COR may waive the requirements in subparagraph 9.1. if the COR determines that proper CQC can be achieved without the required submissions. The COR will normally make this determination based on the actual performance by the contractor.

10. DEDUCTIONS FOR DEFICIENT WORK. Deductions from the contractor's scheduled earnings shall be made for services that do not meet the Performance Standards in Exhibit 1. Deductions for documented defects will be made in accordance with the following procedures:

10.1. Each service found deficient and reperformed by the contractor: No deduction.

10.2. Each service found deficient and performed by the Government: Deduction for loss in value shall be based on the Government's cost for performing the work.

10.3. Each service found deficient and performed by another contractor: Deduction is the contract price paid to the other contractor to perform the work.

10.4. Each service found deficient and not reperformed by anyone, or work not performed at all: Deduction for loss in value shall be based on estimates of the contractor's cost for performing the work, i.e., labor, materials, equipment costs, work schedules, etc. Loss in value shall be based on the contract bid price or applicable portion thereof.

11. SAFETY.

11.1. Accident Prevention Plan. The contractor shall furnish the COR with an

Accident Prevention Plan to implement the general policies and procedures for safe operation and maintenance of the project in accordance with EM 385-

1-1. The Accident Prevention Plan shall include, but not be limited to the following:

Procedures for training employees in the responsibilities for the safety of others, including the general public.

Requirements for wearing or utilizing personal safety equipment and apparel.

Procedures for handling, reporting, and correcting unsafe conditions, practices, and safety violations.

Procedures for treating and transporting injured persons to medical facilities.

Fire prevention and response plans.

11.2 Activity Hazard Analysis shall include an evaluation of hazards that might be encountered during an operation and proposed methods and techniques for accomplishing each job in a safe manner. Contractor personnel shall be thoroughly indoctrinated with an activity hazard analysis. Initially, the Accident Prevention Plan shall include, but not be limited to, activity hazard analysis for the jobs listed below. However, the contractor shall prepare additional analyses as the need arises and/or the COR directs. An activity hazard analysis form, as seen in EM 385 -1-1, will be given to the contractor and discussed thoroughly and shall be submitted for approval within one (1) week after the pre-work conference.

Loading and unloading of equipment (analysis for each type of equipment to be used to perform services required by this specification).

Equipment operation and maintenance (for each type of equipment).

Vehicle operation and maintenance.

11.3. Safety Meetings. A safety meeting shall be conducted prior to the initiation of work. Employees of the contractor and subcontractor, if applicable, shall attend safety meetings. A report of safety meetings shall be furnished to the COR each time a meeting is held. The report shall include the following information: Date, location, and names of persons attending, safety items discussed, and persons who conducted the meeting.

11.4. Safety Violations. If a contractor's employee persists in not following the safety requirements of this specification or the contractor's Accident Prevention Plan, the employee shall be permanently discharged upon the request of the COR.

11.5. Personal Clothing and Safety Apparel. Contractor personnel shall wear clothing suitable for the weather and working conditions. The minimum clothing shall be short-sleeve shirt, long trousers, and closed-toe shoes (no sleeveless shirts, tank tops, shorts, or sandals). Clothing shall be in good repair. Personnel will wear additional protective apparel when required by Section 5, EM 385-1-1.

11.6. Accident Reports. The contractor shall immediately notify the COR of all known accidents that occur at the project and result in death or serious injury.

11.7. The contractor shall investigate all accidents involving contractor or subcontractor employees that result in death, traumatic injury, occupational disease, or damage to property, materials, supplies, and equipment incidental to work performed under this specification. The results of investigations shall be reported to the COR immediately, and in writing on ENG Form 3394, Accident Investigation Report, within five (5) workdays.

11.8. Exposure Reports. The contractor shall maintain an accurate record of exposure data (man-hours worked) and submit the figure in writing after each application has been completed.

12. REPORTING DEFECTIVE FACILITIES. While performing work, contractor personnel shall observe the condition of Government facilities. Damaged, defective, and/or inoperative facilities shall be reported to the COR each workday.

13. PREWORK CONFERENCE. The COR shall conduct a Prework Conference with the contractor to discuss the provisions of this specification and the contractor's submittals listed in paragraph 14 below. As a minimum, the officer of the company that signed the contract and the on-site supervisor shall represent the contractor. The COR shall establish the location, date, and time of the Prework Conference after consultation with the contractor.

14. CONTRACTOR SUBMITTALS. Unless otherwise noted, the contractor shall submit the documents listed below to the COR prior to starting work. All submittals, other than copies of contracts, shall be typed and the original and one copy shall be furnished to the COR. If the COR determines any of the submittals do not comply with this specification, the contractor shall resubmit these documents within one (1) week.

14.1. Names of on-site supervisor and his alternate (submit prior to initiation of work and prior to changing designated employees) (subparagraph 5.2.1.).

14.2. Accident Prevention Plan (subparagraph 11.1.).

14.3. Activity Hazard Analysis (subparagraph 11.1.6.).

14.4. Exposure reports (submit after completion of each application) (subparagraph 11.6.).

14.5. Copy of Certificate(s) of Insurance required by the State of

Oklahoma. (Paragraph 15)

14.6. Material Information (subparagraph 7.2.2.)

15. REQUIRED INSURANCE AND INSURANCE CERTIFICATE. Pursuant to FAR

28.301(b) for the protection of the Government, and FAR 28.306(b) and 52.228-5, Work on a Government Installation, the Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

15.1. Worker’s Compensation and Employer’s Liability: Workers' compensation and employers' liability insurance in compliance with applicable state statutes, with a minimum liability coverage of $100,000.

15.2. General Liability: Comprehensive general liability insurance for bodily injury in the minimum limits of $500,000 per occurrence. Property damage liability insurance shall be required in an amount of at least $100,000.

15.3. Automobile liability: Liability insurance shall be written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

16. BILLING.

16.1. The contractor shall submit an invoice at the end of each application no later than five (5) days after the date of service.

16.2. An example invoice is shown at Exhibit 2.

16.3. All exposure reports shall be submitted before an invoice will be accepted.

16.4. Invoices shall be emailed, delivered, or mailed to at:

William Denton William.R.Denton@usace.army.mil Canton Project Office

64600 N 2466 Rd Canton, OK 73724

17. Antiterrorism and Operations Security Requirements: The Contractor shall be responsible for ensuring all personnel, to include sub-contractor personnel, comply with the training requirements and procedures identified on the document titled “Antiterrorism/Operations Security Requirements” in Section H, Special Contract Requirements. When items for which training is identified, the Contractor shall ensure that all personnel complete acknowledgement for the specified training; the Contractor is responsible for ensuring all training acknowledgments, when applicable, are submitted to the COR or Contracting Officer within 10 calendar days of contract award (or NTP for construction contracts). In no event shall any contractor or sub-contractor personnel be onsite prior to completion of any applicable training, submission of training verification, and pre-screening via E-Verify Program.

17.1. Training materials and verification forms will be provided to the contractor within two business days of Contract Award.

17.2. 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 10 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.

18. CHANGES IN NUMBER OF FACILITIES SERVICED. Adjustment in contract price will be negotiated at the request of either party, only if either or both of the following conditions occur.

18.1. Services required are deleted for a period of one (1) month or longer in an entire park.

18.2. Services would cease to be required during natural emergencies or disasters (such as a major flood event or tornado) which would render the PUA’s inaccessible or cause public safety to be a concern, or during a period of prolonged disruption of utility services requiring closure of either partial or entire PUA’s, or in the event of a Temporary Government Shutdown which would close entire PUA’s. In any event, the Contracting Officer or the COR will contact the prime contractor and provide detailed guidance as to how the contractor shall proceed or not proceed with services, depending upon the specific circumstances at the time. Services not able to be performed or not required will not be charged.

EXHIBIT 1

PERFORMANCE REQUIREMENTS TABLE

SERVICE REQUIREMENT

PR

NO.

PERFORMANCE STANDARDS

APPENDIX A

Application of Herbicides A 1 100% vegetation kill rate within 2 weeks after application.

Damage to project lands A 2 No overspray or runoff into surrounding areas.

Disposal of Herbicides A 3 Empty/excess materials and/or containers are disposed of properly.

EXHIBIT 2

INVOICE FORMAT

BILLING FOR MAINTENANCE CONTRACT

PROJECT: SHEET: ___ OF ___

CONTRACTOR: DATE:

ADDRESS:

BILLING PERIOD: ____ / ____ / ____ THROUGH ____ / ____ / ____

CONTRACT #: W912BV INVOICE #:

PAYMENT TERMS (Payment Discount or N/A):

BID ITEM: DESCRIPTION: UNIT: AMOUNT:

TOTAL PAYMENT REQUESTED: $

CONTRACTOR SIGNATURE: DATE:

EXHIBIT 3

QUALITY ASSURANCE REPORT

EXHIBIT 4

QUALITY CONTROL INSPECTION LOG

EXHIBIT 5

ACTIVITY HAZARD ANALYSIS

APPENDIX A

APPLICATION OF HERBICIDES

1. FACILITIES TO BE SERVICED. Upstream Dam embankment rip rap areas. A map of the embankment application area is located at the end of this appendix.

2. FREQUENCIES AND TIMES OF SERVICE.

2.1. Two separate herbicide applications shall be performed during the contract performance period. The Contracting Officer’s Representative will direct work between 1 April and 31 August

2.2. Work shall be performed between 8:00 a.m. and 4:00 p.m., Monday thru

Friday. Work on weekends must have prior approval by the Contracting Officer.

2.4. The contractor shall not start work if rain is forecast within 24 hours, a heavy dew is present, or when wind velocity is greater than 15 mph.

3. DESCRIPTION OF WORK.

3.1. All work described below will be quoted by the acre unit. If the Performance Requirement is not met after the first application or the second application, any re-application will be at the expense of the contractor. Herbicide application shall be performed in the following areas:

3.2. Upstream Dam Embankment Rip Rap Areas. The contractor shall treat all vegetation including trees, woody growth, vines, grasses, and other herbaceous plants. The approximate acreage of the riprap areas on the upstream embankment is 28 acres, of which approximately 25 acres is covered with existing vegetation. The attached map shows the location of the upstream dam embankment at Fort Supply.

4. SPECIAL TECHNICAL PROVISIONS. All work required by this specification shall conform to the following special technical provisions.

4.1. General.

4.1.1. Pesticides shall be stored off Government property.

4.1.2. Cleaning of pesticide containers and decontamination procedures shall be performed off Government property.

4.1.2. Pesticide containers shall be disposed off Government

property. The contractor shall provide the location of the refuse disposal site used for work performed under this specification.

4.1.3. The contractor shall comply with the procedures set forth in the

Project's Oil and Hazardous Substance Incident Contingency Plan.

4.2. Products.

4.2.1. All pesticides used at the facilities must be registered or ruled exempt from the registration requirements.

4.2.2. "Restricted Use" pesticides shall be used only after submitting justification for their use and shall be approved by the Contracting Officer’s Representative.

4.2.3. The Contractor shall provide a copy of the Safety Data

Sheets (SDS) for each type of pesticide used.

4.3. Work Restrictions.

4.3.1. The Contracting Officer’s Representative shall be notified at least 24 hours in advance of the time and location that applications will be made, and immediately preceding applications.

4.3.2. Applications in areas normally occupied by project personnel or visitors shall be performed during periods of low use. Appropriate signs shall be posted and remain in place until the risk of exposure has been minimized.

4.3.3. All applications shall be made in accordance with the

pesticide manufacturer's recommendations and all applicable Federal, State, and local regulations.

4.3.4. The Contracting Officer’s Representative may request

pesticide application inspections from State or local environmental officials to ensure public and environmental safety.

4.3.5. The contractor shall submit an application report each time pesticides are applied. The Government will provide Pest Control Data (ENG Form 4768-R) after award of a contract.

5. PERFORMANCE REQUIREMENTS. The work performed under this appendix shall comply with the PRs given in Exhibit 1.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-1 Contractor Inspection Requirements APR 1984

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

52.242-15 Stop-Work Order AUG 1989

Section G - Contract Administration Data

252.204-7006 Billing Instructions OCT 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

CLAUSES INCORPORATED BY FULL TEXT

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

(End of clause)

Section H - Special Contract Requirements

WAGE DETERMINATION

"REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2015-5321 Daniel W. Simms Division of | Revision No.: 19 Director Wage Determinations| Date Of Last Revision: 03/15/2022

Note: Contracts subject to the Service Contract Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

|If the contract is entered into on or |With certain exceptions Executive Order | |after January 30 2022 or the |14026 applies to the contract. | |contract is renewed or extended (e.g. |The contractor must pay all covered workers | |an option is exercised) on or after |at least $15.00 per hour (or the applicable | |January 30 2022: |wage rate listed on this wage determination| | |if it is higher) for all hours spent | | |performing on the contract in 2022. | |If the contract was awarded on or |With certain exceptions Executive Order | |between January 1 2015 and January 29|13658 applies to the contract. | |2022 and the contract is not renewed |The contractor must pay all covered workers | |or extended on or after January 30 |at least $11.25 per hour (or the applicable | |2022: |wage rate listed on this wage determination| | |if it is higher) for all hours spent | | |performing on the contract in 2022. | The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts.

State: Oklahoma

Area: Oklahoma Counties of Alfalfa Blaine Dewey Ellis Grant Harper Kingfisher Major Noble Payne Woods Woodward

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 13.69*** 01012 - Accounting Clerk II 15.37 01013 - Accounting Clerk III 18.28 01020 - Administrative Assistant 22.58 01035 - Court Reporter 18.46 01041 - Customer Service Representative I 13.00*** 01042 - Customer Service Representative II 14.47*** 01043 - Customer Service Representative III 15.95 01051 - Data Entry Operator I 15.57 01052 - Data Entry Operator II 16.99 01060 - Dispatcher Motor Vehicle 18.13 01070 - Document Preparation Clerk 14.81***

01090 - Duplicating Machine Operator 14.81*** 01111 - General Clerk I 13.10*** 01112 - General Clerk II 14.30*** 01113 - General Clerk III 18.00 01120 - Housing Referral Assistant 18.77 01141 - Messenger Courier 11.18*** 01191 - Order Clerk I 13.72*** 01192 - Order Clerk II 14.97*** 01261 - Personnel Assistant (Employment) I 14.89*** 01262 - Personnel Assistant (Employment) II 16.66 01263 - Personnel Assistant (Employment) III 18.57 01270 - Production Control Clerk 24.17 01290 - Rental Clerk 14.04*** 01300 - Scheduler Maintenance 14.86*** 01311 - Secretary I 14.86*** 01312 - Secretary II 16.62 01313 - Secretary III 18.77 01320 - Service Order Dispatcher 16.20 01410 - Supply Technician 22.58 01420 - Survey Worker 17.05 01460 - Switchboard Operator/Receptionist 13.26*** 01531 - Travel Clerk I 13.33*** 01532 - Travel Clerk II 14.20*** 01533 - Travel Clerk III 14.84*** 01611 - Word Processor I 13.23*** 01612 - Word Processor II 14.86*** 01613 - Word Processor III 16.62 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer Fiberglass 21.94 05010 - Automotive Electrician 17.73 05040 - Automotive Glass Installer 16.63 05070 - Automotive Worker 16.63 05110 - Mobile Equipment Servicer 14.47*** 05130 - Motor Equipment Metal Mechanic 18.84 05160 - Motor Equipment Metal Worker 16.63 05190 - Motor Vehicle Mechanic 18.84 05220 - Motor Vehicle Mechanic Helper 13.39*** 05250 - Motor Vehicle Upholstery Worker 15.56 05280 - Motor Vehicle Wrecker 16.63 05310 - Painter Automotive 17.73 05340 - Radiator Repair Specialist 16.63 05370 - Tire Repairer 14.15*** 05400 - Transmission Repair Specialist 18.84 07000 - Food Preparation And Service Occupations 07010 - Baker 13.18*** 07041 - Cook I 10.49*** 07042 - Cook II 12.05*** 07070 - Dishwasher 10.35*** 07130 - Food Service Worker 10.40*** 07210 - Meat Cutter 13.53*** 07260 - Waiter/Waitress 9.02*** 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 17.71 09040 - Furniture Handler 11.25*** 09080 - Furniture Refinisher 17.71 09090 - Furniture Refinisher Helper 13.37*** 09110 - Furniture Repairer Minor 15.54 09130 - Upholsterer 17.71 11000 - General Services And Support Occupations 11030 - Cleaner Vehicles 13.39*** 11060 - Elevator Operator 11.29*** 11090 - Gardener 17.18

11122 - Housekeeping Aide 11.29*** 11150 - Janitor 11.29*** 11210 - Laborer Grounds Maintenance 13.37*** 11240 - Maid or Houseman 9.50*** 11260 - Pruner 12.13*** 11270 - Tractor Operator 15.89 11330 - Trail Maintenance Worker 13.37*** 11360 - Window Cleaner 12.44*** 12000 - Health Occupations 12010 - Ambulance Driver 16.14 12011 - Breath Alcohol Technician 17.35 12012 - Certified Occupational Therapist Assistant 25.26 12015 - Certified Physical Therapist Assistant 30.91 12020 - Dental Assistant 15.82 12025 - Dental Hygienist 40.12 12030 - EKG Technician 25.71 12035 - Electroneurodiagnostic Technologist 25.71 12040 - Emergency Medical Technician 16.14 12071 - Licensed Practical Nurse I 15.51 12072 - Licensed Practical Nurse II 17.35 12073 - Licensed Practical Nurse III 19.35 12100 - Medical Assistant 14.03*** 12130 - Medical Laboratory Technician 23.63 12160 - Medical Record Clerk 16.80 12190 - Medical Record Technician 18.79 12195 - Medical Transcriptionist 15.17 12210 - Nuclear Medicine Technologist 37.28 12221 - Nursing Assistant I 11.54*** 12222 - Nursing Assistant II 12.97*** 12223 - Nursing Assistant III 14.15*** 12224 - Nursing Assistant IV 15.89 12235 - Optical Dispenser 16.97 12236 - Optical Technician 15.17 12250 - Pharmacy Technician 16.23 12280 - Phlebotomist 14.82*** 12305 - Radiologic Technologist 25.85 12311 - Registered Nurse I 27.48 12312 - Registered Nurse II 30.22 12313 - Registered Nurse II Specialist 30.22 12314 - Registered Nurse III 36.56 12315 - Registered Nurse III Anesthetist 36.56 12316 - Registered Nurse IV 43.82 12317 - Scheduler (Drug and Alcohol Testing) 21.50 12320 - Substance Abuse Treatment Counselor 20.38 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 18.53 13012 - Exhibits Specialist II 20.67 13013 - Exhibits Specialist III 24.88 13041 - Illustrator I 20.86 13042 - Illustrator II 25.12 13043 - Illustrator III 30.74 13047 - Librarian 20.60 13050 - Library Aide/Clerk 10.85*** 13054 - Library Information Technology Systems 18.60 Administrator 13058 - Library Technician 13.37*** 13061 - Media Specialist I 13.42*** 13062 - Media Specialist II 15.02 13063 - Media Specialist III 16.74 13071 - Photographer I 13.42*** 13072 - Photographer II 15.16 13073 - Photographer III 18.78

13074 - Photographer IV 22.98 13075 - Photographer V 27.80 13090 - Technical Order Library Clerk 15.49 13110 - Video Teleconference Technician 14.89*** 14000 - Information Technology Occupations 14041 - Computer Operator I 15.15 14042 - Computer Operator II 16.94 14043 - Computer Operator III 18.88 14044 - Computer Operator IV 20.98 14045 - Computer Operator V 23.24 14071 - Computer Programmer I (see 1) 24.07 14072 - Computer Programmer II (see 1) 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 15.15 14160 - Personal Computer Support Technician 20.98 14170 - System Support Specialist 29.20 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 29.92 15020 - Aircrew Training Devices Instructor (Rated) 36.20 15030 - Air Crew Training Devices Instructor (Pilot) 39.86 15050 - Computer Based Training Specialist / Instructor 29.92 15060 - Educational Technologist 25.04 15070 - Flight Instructor (Pilot) 39.86 15080 - Graphic Artist 20.81 15085 - Maintenance Test Pilot Fixed Jet/Prop 39.86 15086 - Maintenance Test Pilot Rotary Wing 39.86 15088 - Non-Maintenance Test/Co-Pilot 39.86 15090 - Technical Instructor 21.45 15095 - Technical Instructor/Course Developer 26.25 15110 - Test Proctor 17.32 15120 - Tutor 17.32 16000 - Laundry Dry-Cleaning Pressing And Related Occupations 16010 - Assembler 9.71*** 16030 - Counter Attendant 9.71*** 16040 - Dry Cleaner 12.38*** 16070 - Finisher Flatwork Machine 9.71*** 16090 - Presser Hand 9.71*** 16110 - Presser Machine Drycleaning 9.71*** 16130 - Presser Machine Shirts 9.71*** 16160 -…