Solicitation - 20Q0056 - TK Herbicide (with ATTACHMENTS).pdf

SEE ADDENDUM

(No Collect Calls)

W912BV20Q0056 30-Apr-2020

b. TELEPHONE NUMBER

918.669.0000

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 25 May 2020

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

MARY B DUKE

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 OF114

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.

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 copy Mary.B.Duke@usace.army.mil. Ensure your quote is received before the due date and time. In order 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 Duke and the solicitation number.

When submitting through mail ensure you clearly mark the envelope to:

U.S. Army Corps of Engineers, Tulsa District Mary 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, W912BV20Q0056.

All pages should be numbered. Use only 8 ½” x 11” paper for fax or mail submissions. Do not use fold-outs (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 located 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 the past performance references page, if included in solicitation

2) Complete the pricing schedule, provided in the solicitation

3) Complete a signed copy of the first page of the solicitation and all amendments, including CAGE code/DUNS number

4) Complete all FAR Clauses, with applicable blanks filled in from SECTIONS I, K, and L.

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

6) 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 subcontractor and business size of any subcontractors, if applicable, based on the NAICS code identified. Offerors must clearly identify whether a subcontractor(s) will be performing work, the percentage of work to be performed by each subcontractor, and the socio-economic category into which each identified subcontractor falls. (FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2019-

O0003) (JAN 2019))

7) Contractor shall provide a copy of current commercial herbicide applicators license issued by the State of Oklahoma as part of their offer package.

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 14-Jun-2020.

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://beta.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: W912BV20Q0056

The Bidder Inquiry Key is: 5JTSCE-KC5N8W

The Bidder Inquiry System will be unavailable for new inquiries 2:00 PM CST Friday, 19 May 2020 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 Duke Telephone: 918‐669‐7027 E‐mail: Mary.B.Duke@usace.army.mil

PREPROPOSAL/SITE VISIT CONFERENCE

A Pre-proposal Conference/Site is not scheduled at this time.

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

BID SCHEDULE

Herbicide Application Services

Tenkiller Lake Project, Oklahoma

Item No. Description Approx., Acres Price___________ Amount

BASE YEAR

Dam Embankment Areas 65.4 $_________________ in accordance with the Statement of Work.

Powerhouse Road & Trout Stream 1.82 $________________ in accordance with the Statement of Work.

Strayhorn Public Use Area 6.20 $________________ in accordance with the Statement of Work.

Strayhorn Day Use Area 2.84 $________________ in accordance with the Statement of Work.

Chicken Creek Day Use Area .76 $________________ in accordance with the Statement of Work.

Office Compound Storage Areas .36 $________________ in accordance with the Statement of Work.

Lagoons in 5 Different Parks 5.32 $________________ in accordance with the Statement of Work.

TOTAL BID $____________________

NOTE: Bid shall include all labor, fuel, tools, equipment, materials, supplies and all other necessary items to complete the tasks stated in the scope of work.

BID SCHEDULE

No. Description Approx., Acres Price___________ Amount

OPTION YEAR 1

Dam Embankment Areas 65.4 $_________________ in accordance with the Statement of Work.

Powerhouse Road & Trout Stream 1.82 $________________ in accordance with the Statement of Work.

Strayhorn Public Use Area 6.20 $________________ in accordance with the Statement of Work.

Strayhorn Day Use Area 2.84 $________________ in accordance with the Statement of Work.

Chicken Creek Day Use Area .76 $________________ in accordance with the Statement of Work.

Office Compound Storage Areas .36 $________________ in accordance with the Statement of Work.

Lagoons in 5 Different Parks 5.32 $________________

NOTE: Bid shall include all labor, fuel, tools, equipment, materials, supplies and all other necessary items to

No. Description Approx., Acres Price___________ Amount

OPTION YEAR 2

Dam Embankment Areas 65.4 $_________________ in accordance with the Statement of Work.

Powerhouse Road & Trout Stream 1.82 $________________ in accordance with the Statement of Work.

Strayhorn Public Use Area 6.20 $________________ in accordance with the Statement of Work.

Strayhorn Day Use Area 2.84 $________________ in accordance with the Statement of Work.

Chicken Creek Day Use Area .76 $________________ in accordance with the Statement of Work.

Office Compound Storage Areas .36 $________________ in accordance with the Statement of Work.

Lagoons in 5 Different Parks 5.32 $________________

NOTE: Bid shall include all labor, fuel, tools, equipment, materials, supplies and all other necessary items to

No. Description Approx., Acres Price___________ Amount

OPTION YEAR 3

Dam Embankment Areas 65.4 $_________________ in accordance with the Statement of Work.

Powerhouse Road & Trout Stream 1.82 $________________ in accordance with the Statement of Work.

Strayhorn Public Use Area 6.20 $________________ in accordance with the Statement of Work.

Strayhorn Day Use Area 2.84 $________________ in accordance with the Statement of Work.

Chicken Creek Day Use Area .76 $________________ in accordance with the Statement of Work.

Office Compound Storage Areas .36 $________________ in accordance with the Statement of Work.

Lagoons in 5 Different Parks 5.32 $________________

NOTE: Bid shall include all labor, fuel, tools, equipment, materials, supplies and all other necessary items to

No. Description Approx., Acres Price___________ Amount

OPTION YEAR 4

Dam Embankment Areas 65.4 $_________________ in accordance with the Statement of Work.

Powerhouse Road & Trout Stream 1.82 $________________ in accordance with the Statement of Work.

Strayhorn Public Use Area 6.20 $________________ in accordance with the Statement of Work.

Strayhorn Day Use Area 2.84 $________________ in accordance with the Statement of Work.

Chicken Creek Day Use Area .76 $________________ in accordance with the Statement of Work.

Office Compound Storage Areas .36 $________________ in accordance with the Statement of Work.

Lagoons in 5 Different Parks 5.32 $________________

TOTAL AMOUNTS OF BASE AND ALL 4 OPTION YEARS $_______________________________

NOTE: Bid shall include all labor, fuel, tools, equipment, materials, supplies and all other necessary items to

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

SCOPE OF WORK (SOW)

SCOPE OF

WORK

TENKILLER LAKE

OKLAHOMA

MAINTENANCE CONTRACT

FOR

APPLICATION OF

HERBICIDES

W912BV20Q0056

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, and 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 Required Insurance and Insurance Certificate

14 Pre-work Conference

15 Contractor Submittals

16 Billing

17 Changes in Amount of Facilities Serviced

EXHIBITS

No. TITLE

1 Performance Requirements Table

2 Example of Job Hazard Analysis

3 Invoice Format

4 Quality Assurance Surveillance Plan

5 Maps of Herbicide Areas

APPENDICES

Appendix Title

A A Application of Herbicides

B A-1 Table - Inventory of Herbicide Areas

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

2. DEFINITIONS.

2.1. Contracting Officer (KO). An individual entrusted in an organization by appointment in accordance with applicable regulations, has the authority to enter into and administer contracts and make determinations and findings with respect thereto.

2.2. Contracting Officer Representative (COR). Qualified individuals appointed by the Contracting officer (KO) to assist in the technical monitoring or administration of a contract.

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

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

2.5. Government. Used herein means the Us Army Corps of Engineers.

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

2.7. Project. Used herein means all Government property and easements at Tenkiller Lake.

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

2.9. Quality. Conformance with the contract specification.

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

2.11. Regulations. Refers to any local, state, or Federal law or regulation applicable to operation or maintenance of the project.

2.12. Workday. Any day, Monday through Friday, exclusive of Federal holidays. This definition should be interpreted to mean a normal work day.

3. REFERENCES. The Contracting Officer Representative (COR) will furnish referenced material to the contractor after contract award.

3.1. Corps of Engineers Safety and Health Requirements Manual, (EM 385-1-1) is hereby incorporated into this specification.

3.2. Herbicide 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 Herbicide 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. Initiation and execution of work shall be in accordance with this specification.

4.2. Acceptance of Work. When work is completed, the contractor will notify the Contracting Officer

Representative (COR). The COR will accept work unless services are found to be deficient.

4.2.1. If the Contracting Officer Representative (COR) notifies the contractor of deficient work the contractor shall initiate action to accomplish corrective work as soon as possible.

4.2.2. The contractor shall notify the Contracting Officer Representative (COR) when corrective work is completed.

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 performing the work specified. All personnel must be certified, registered and in compliance with all EPA, State, and local laws, rules and regulations listed in subparagraph 3 above (or under the immediate supervision of a Certified Applicator).

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 telephone number which the supervisor can be reached between 8:00 a.m. and 4:30 p.m. on all days work is being performed. Use of a cell phone has worked successfully in the past.

6. EQUIPMENT. The contractor shall furnish equipment necessary to accomplish work within specified time frames.

6.1. Equipment Inspections. The contractor shall inspect all equipment brought to the project. A copy of the inspection report shall be provided the contracting officer prior to utilization of equipment required to accomplish work on this contract.

6.2. Equipment Requirements. All equipment used to perform work under this specification must be in good operating and mechanical condition and shall comply with EM 385-1-1.

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.

7. MATERIALS AND SUPPLIES.

7.1. Contractor Furnished. Except for the items listed in subparagraph 7.2., the contractor shall furnish all materials, labor, fuel, equipment and supplies necessary to accomplish all work required by this specification within specified time limits.

7.1.1. All material and supplies shall be new and of sufficient quantities to perform the required services. All herbicides shall be federal and state approved suitable for use.

7.1.2. All materials and supplies are subject to review by the COR to determine compliance with this specification. All herbicides must receive prior approval before use. Information must be submitted 10 days prior to use date to provide approval of an herbicide not previously used or approved.

7.1.3. A list of previously approved chemicals will be furnished upon request. All herbicides used at the facilities must be registered or ruled exempt from the registration requirements.

7.1.4. All material and supplies shall be new and of sufficient quantities to perform the required services. All herbicides shall be federal and state approved suitable for use. All areas subject to flooding or that may be in contact within any bodies of water shall use an “Aquatic Friendly” type materials and will need approval from the Corps Environmental Specialist.

7.1.5. The Contractor shall provide a copy of the Material Safety Data Sheets (MSDS) for each type of herbicide used.

7.1.6. "Restricted Use" herbicides shall be used only after submitting justification for their use and shall be approved by the COR.

7.1.7. It is the responsibility of the contractor to determine the type of herbicides to be used for treatment of targeted species. Best times for application of herbicides will be discussed at the Pre-work Conference.

7.1.8. 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.

7.1.9. 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. All applications shall be made in accordance with the herbicide manufacturer's recommendations and all applicable Federal, State, and local regulations.

7.1.10. The COR may request herbicide application inspections from State or local environmental officials to ensure public and environmental safety.

7.1.11. An approved color dye shall be used in the mixtures to aid in identifying treated areas. The COR will determine the acceptability of the dye to be used prior to its use.

7.1.12. Storage and Clean Up.

7.1.12.1. Herbicides shall be stored off Government property.

7.1.12.2. Cleaning of herbicide containers and decontamination procedures shall be performed off Government property.

7.1.12.3. Herbicide containers shall be disposed of off Government property. The contractor shall provide the location of the refuse disposal site used for work performed under this specification.

7.2. Government Furnished Items. The Government will furnish potable water. The contractor shall be responsible for transporting Government furnished materials and supplies to work sites.

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 PStds. Those not meeting PStds shall be considered deficient. Major or recurring minor deficiencies will result in a letter of correction being issued by the Contracting Officer's Representative.

8.2. Deficient services are determined during initial QA inspections since the purpose of QA is to determine how efficient 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 to assure that all work required by this specification is completed on schedule and in accordance with the PRs in Exhibit 1.

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

10.1. Each service found deficient and re-performed 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 the other contractor to perform the work.

10.4. Each service found deficient and not re-performed 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. Safety Plan. The contractor shall furnish the Contracting Officer Representative a safety plan to implement the general policies and procedures for safe operation and maintenance of the project in accordance with EM 385-1-1. The safety plan shall include, but not be limited to the following:

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

11.1.2. Requirements for wearing or utilizing personal safety equipment and apparel.

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

11.1.4. Procedures for treating and transporting injured persons to medical facilities.

11.1.5. Procedures for handling herbicides in accordance with product label requirements (transport, mixing, spraying, and disposal of bags and containers, etc.).

11.1.6. Fire prevention plans.

11.1.7. Job hazard analyses shall include an evaluation of hazards that might be encountered for an operation, and proposed methods and techniques for accomplishing each job in a safe manner. Contractor personnel shall be thoroughly indoctrinated with job hazard analyses. Initially, the safety plan shall include, but not be limited to, job hazard analyses for the jobs listed below. However, the contractor shall prepare additional analyses as the need arises and/or the COR directs. Job hazard analysis directed by the COR shall be submitted for approval within one (1) week. An example of a job hazard analysis is given in Exhibit 2.

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

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

11.1.7.3. Vehicle operation and maintenance.

11.2. Safety Meetings. A safety meeting shall be conducted prior to initiation of work. Employees of the contractor and subcontractor, if applicable, shall attend safety meetings. A report of safety meetings shall be furnished 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.

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

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

11.5. Accident Reports.

11.5.1. The contractor shall immediately notify the Contracting Officer and the Contracting Officer Representative of all known accidents that occur at the project and result in death or serious injury.

11.5.2. 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 Contracting Officer and the Contracting Officer Representative immediately and in writing on ENG Form 3394, Accident Investigation Report, within one (1) workday following the accident.

11.6. Contractor Monthly Record of Accidents and Exposure Hours Reports. The contractor shall maintain an accurate record of accidents, injuries, and exposure data (man-hours worked) and submit the figure in writing after work 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. 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:

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

13.2. 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.

13.3. 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.

14. PRE-WORK CONFERENCE. The Contracting Officer Representative shall conduct a mandatory Pre-work Conference with the contractor to discuss the provisions of this specification and the contractor's submittals. As a minimum, the officer of the company that signed the contract and the on-site supervisor shall represent the contractor. The Contracting Officer Representative shall establish the location, date, and time of the Pre-work Conference after consultation with the contractor.

15. CONTRACTOR SUBMITTALS. Unless otherwise noted, the contractor shall submit the documents listed below to the Contracting Officer prior to starting work. All submittals, other than copies of contracts, shall be typed and the o r i g i n a l and one copy shall be furnished 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.

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

15.2. Material Information (subparagraph 7.1.4.)

15.3. Safety Plan (subparagraph 11.1.).

15.4. Job Hazard Analysis (subparagraph 11.1.7.)

15.5. Contractor Monthly Record of Accidents and Exposure Hours Reports (subparagraph 11.6.).

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

15.7. Insurance certificates (submit within 5 calendar days of notification of contract award) (subparagraphs 12.1 through 12.3).

16. BILLING.

16.1. The contractor shall submit the original and one copy of invoices when all work has been completed and accepted by the COR in accordance with subparagraph 4.2.

16.2. Invoices shall be prepared as shown in Exhibit 3.

16.3. All exposure reports and application data forms shall be submitted before an invoice will be accepted.

16.4. Invoices and supporting documents shall be delivered, emailed, faxed or mailed to the Project Manager, Tenkiller Project Office, Route 1, Box 259, Gore, OK 74435-9512. A copy shall be furnished to Webbers

Falls Lake Office, Attn: Herbicide COR, 13015 E 143rd, Gore, OK 74435-9520.

17. CHANGES IN AMOUNT OF FACILITIES SERVICED. Adjustment in contract price will be negotiated at the request of both party, only if a singular change in the amount of project facilities to be serviced is made and the change results in an annual increase or decrease in the cost of work that exceeds $300. The cost of increases or decreases shall be based upon estimates of the contractor's costs for performing the work.

PERFORMANCE REQUIREMENTS

EXHIBIT 1

PERFORMANCE REQUIREMENTS TABLE

SERVICE REQUIREMENT PR NO. PERFORMANCE STANDARDS

Application of Herbicides

80%-85% vegetation kill rate within 2 weeks after application.

Damage to project lands

No overspray or runoff into surrounding areas.

Disposal of Herbicides

Empty/excess materials and/or containers are disposed of properly.

EXHIBIT 2

EXAMPLE OF JOB HAZARD ANALYSIS

See Section J.

EXHIBIT 3

INVOICE FORMAT

BILLING FOR MAINTENANCE CONTRACT

PROJECT: _______________________________SHEET ___ OF ___

CONTRACTOR: ___________________________DATE: _______________

ADDRESS: _______________________________CONTRACT No: W912BV-_____________

CITY, STATE, ZIP: ______________________________________

BILLING PERIOD: __________ THRU __________ INVOICE NO: __________________

PAYMENT TERMS: ________________________________

(Payment Discount or N/A)

Bid Item Description of Unit Total No. __ Supplies/Services Quantity Unit Price Amount_ _

TOTAL EARNINGS: $_________________

CONTRACTOR’S SIGNATURE, TITLE, & DATE SIGNED

EXHIBIT 4

QUALITY ASSURANCE SURVEILLANCE PLAN

APPENDIX A

APPLICATION OF HERBICIDES

1. FACILITIES TO BE SERVICED. Dam embankment, rip rap areas, roadsides, maintenance yards and other project lands. Table A-1 provides an inventory of areas to be treated. Maps of the application areas are located at the end of this appendix.

2. FREQUENCIES AND TIMES OF SERVICE.

2.1. Work will generally be accomplished between 1 April and 1 September.

2.2. Work shall be performed between 7:30 a.m. and 4:30 p.m., Monday thru Friday, excluding Federal holidays. Work on weekends must have prior approval by the COR.

2.3. The contractor shall notify the COR where work is to be performed each day before 9:00 a.m. Any proposed changes to the work hours must be approved by the contracting officer representative.

2.4. All work shall be coordinated with the COR. Work shall not be started without approval.

2.5. 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.

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

3. DESCRIPTION OF WORK. All work described below will be bid by the job. If the Performance Requirement is not met after the first application, any re-application will be at the expense of the contractor. Area maps will be color coded to specify type of application. “Yellow” shall indicate grass, weeds and woody vegetation. “Red” shall indicate weeds and woody vegetation. Herbicide application shall be performed in the following areas:

3.1. Dam Embankment Areas.

3.1.1. Upstream Areas of Earthen Dam and Dike.

3.1.1.1. Upstream Earthen Dam. Apply herbicide to control grass, weeds, and woody vegetation.

Areas included are:

From the highway to waters edge Abutment at each end of location number 1 will extend 50 feet beyond the abutment. Intake tower areas.

3.1.1.2. Upstream Dike and Other Areas. Apply herbicide to control weeds and woody vegetation. Areas included are from the Highway 100 and auxiliary road to the water’s edge. Care will be taken herbicides do not damage these trees.

3.1.2. Downstream Areas of Earthen Embankment, Rip Rap Toe, Dike, Spillways, Highway 100, & Other Areas.

3.1.2.1. Earthen Embankment, Downstream. Apply herbicide to the woody vegetation. Areas included are from Highway 100 to the rip rap. Abutment areas at each end of location number 2 will extend 50 feet beyond the abutment.

3.1.2.2. Dike, Spillways, & Highway 100 Areas. Apply herbicide to the weeds and woody vegetation. Areas shall be 50 feet from State Highway 100 and auxiliary road toward downstream, 20 feet on each side of the spillway training wall and 10 feet on each side of the auxiliary spillway training walls.

3.1.2.3. Rip Rap Toe at Downstream Earthen Embankment. Apply herbicide to control grass, weeds, and woody vegetation. Apply herbicide to control weeds, and woody vegetation on rip rap areas at toe and adjacent areas between rip rap and service road and extending 2 feet beyond service road.

3.1.2.4 Other Areas. Apply herbicide to control weeds and woody vegetation. Area is from the 2 feet beyond the service road to the fencing.

3.2. Powerhouse and Trout Stream

3.2.1. Powerhouse Access Road. Apply herbicide to control weeds and only the weeds and woody growth less than 3 inches in diameter. Apply herbicide from the edge of the powerhouse access road to 5 feet beyond on each side of the road.

3.2.2. Trout Stream. Apply herbicide to control weeds and only the woody growth less than 3 inches in diameter. Apply herbicide on each side of the trout stream access road.

3.3. Strayhorn Landing Public Use Area. Apply herbicide to control weeds and only the weeds and woody growth less than 3 inches in diameter. Area from the lower PUA road to the water’s edge and rocky area west of the boat ramp.

3.4. Strayhorn Landing Access Road and Day Use Area. Apply herbicide to control weeds and only the woody growth less than 3 inches in diameter. Spray area along each side of access roads to a point 5 feet beyond edge of road.

3.5. Chicken Creek South Day Use Area. Apply herbicide to control weeds and only the woody growth less than 3 inches in diameter. Spray area along each side of access road to a point 10 feet beyond edge of road.

3.6. Office Storage Areas. Apply herbicide to control grass, weeds and woody vegetation.

3.7. Lagoon Areas. Apply herbicide to control weeds and only the woody growth less than 3 inches in diameter.

Spray herbicide within each fenced lagoon area down to the water’s edge and outside of fenced areas to the bottom of slopes or 10 foot whichever is greater. Some lagoon areas as defined by the maps, may incur other associated areas to be sprayed. The bordered wetlands in lagoon areas at Strayhorn and Cookson shall not be sprayed, caution shall be used so as not to overspray inside these areas, as plants have been purposely planted in these sections.

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

TABLE A-1

INVENTORY OF HERBICIDE AREAS

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-1 Contractor Inspection Requirements APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(a) Definitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with 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 reperformance, 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.

(f) 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 for default.

(End of clause)

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

252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7006 Billing Instructions OCT 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

Section H - Special Contract Requirements

WAGE DETERMINATIONS (BASE YR)

APPLICABILITY OF WAGE RATES

Wage Determination No. 2015-5320 (Rev. 11) is applicable to service work performed at Tenkiller Lake, Cherokee County, Oklahoma, to include all service requirements of this contract.

Wage Determination No. 2015-5144 (Rev. 13) is applicable to service work performed at Tenkiller Lake, Sequoyah County, Oklahoma, to include all service requirements of this contract.

"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.: 2015-5320 Daniel W. Simms Division of | Revision No.: 11 Director Wage Determinations| Date Of Last Revision: 12/23/2019 Note: Under Executive Order (EO) 13658 an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1 2015. If this contract is covered by the EO the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination if it is higher) for all hours spent performing on the contract in calendar year 2020. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

State: Oklahoma Area: Oklahoma Counties of Adair Cherokee Craig Delaware Mayes McIntosh Muskogee Nowata Okfuskee Ottawa Washington

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 12.85 01012 - Accounting Clerk II 15.33 01013 - Accounting Clerk III 17.78 01020 - Administrative Assistant 19.04 01035 - Court Reporter 19.66 01041 - Customer Service Representative I 9.85 01042 - Customer Service Representative II 11.08 01043 - Customer Service Representative III 12.09 01051 - Data Entry Operator I 12.27 01052 - Data Entry Operator II 13.38 01060 - Dispatcher Motor Vehicle 17.99 01070 - Document Preparation Clerk 12.66 01090 - Duplicating Machine Operator 12.66 01111 - General Clerk I 11.48 01112 - General Clerk II 12.83 01113 - General Clerk III 16.83 01120 - Housing Referral Assistant 16.40 01141 - Messenger Courier 12.89 01191 - Order Clerk I 11.92 01192 - Order Clerk II 13.79 01261 - Personnel Assistant (Employment) I 15.19 01262 - Personnel Assistant (Employment) II 17.00 01263 - Personnel Assistant (Employment) III 18.94

01270 - Production Control Clerk 20.60 01290 - Rental Clerk 13.33 01300 - Scheduler Maintenance 13.15 01311 - Secretary I 13.15 01312 - Secretary II 14.71 01313 - Secretary III 16.40 01320 - Service Order Dispatcher 14.95 01410 - Supply Technician 19.04 01420 - Survey Worker 13.80 01460 - Switchboard Operator/Receptionist 11.45 01531 - Travel Clerk I 13.55 01532 - Travel Clerk II 14.45 01533 - Travel Clerk III 15.15 01611 - Word Processor I 11.77 01612 - Word Processor II 13.35 01613 - Word Processor III 14.97 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer Fiberglass 19.15 05010 - Automotive Electrician 18.19 05040 - Automotive Glass Installer 17.24 05070 - Automotive Worker 17.24 05110 - Mobile Equipment Servicer 15.14 05130 - Motor Equipment Metal Mechanic 19.15 05160 - Motor Equipment Metal Worker 17.24 05190 - Motor Vehicle Mechanic 17.91 05220 - Motor Vehicle Mechanic Helper 13.98 05250 - Motor Vehicle Upholstery Worker 16.08 05280 - Motor Vehicle Wrecker 17.19 05310 - Painter Automotive 18.22 05340 - Radiator Repair Specialist 17.24 05370 - Tire Repairer 13.29 05400 - Transmission Repair Specialist 19.15 07000 - Food Preparation And Service Occupations 07010 - Baker 11.11 07041 - Cook I 10.05 07042 - Cook II 11.82 07070 - Dishwasher 8.76 07130 - Food Service Worker 9.02 07210 - Meat Cutter 12.17 07260 - Waiter/Waitress 9.49 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 16.54 09040 - Furniture Handler 11.67 09080 - Furniture Refinisher 16.54 09090 - Furniture Refinisher Helper 13.06 09110 - Furniture Repairer Minor 14.73 09130 - Upholsterer 16.54 11000 - General Services And Support Occupations 11030 - Cleaner Vehicles 12.47 11060 - Elevator Operator 10.44 11090 - Gardener 15.23 11122 - Housekeeping Aide 10.44 11150 - Janitor 10.44 11210 - Laborer Grounds Maintenance 11.25 11240 - Maid or Houseman 9.64 11260 - Pruner 10.07 11270 - Tractor Operator 13.90 11330 - Trail Maintenance Worker 11.25 11360 - Window Cleaner 11.89 12000 - Health Occupations 12010 - Ambulance Driver 14.77 12011 - Breath Alcohol Technician 17.33 12012 - Certified Occupational Therapist Assistant 28.44 12015 - Certified Physical Therapist Assistant 31.80 12020 - Dental Assistant 16.38 12025 - Dental Hygienist 40.79 12030 - EKG Technician 25.05 12035 - Electroneurodiagnostic Technologist 25.05 12040 - Emergency Medical Technician 14.77 12071 - Licensed Practical Nurse I 15.49

12072 - Licensed Practical Nurse II 17.33 12073 - Licensed Practical Nurse III 19.31 12100 - Medical Assistant 13.46 12130 - Medical Laboratory Technician 19.99 12160 - Medical Record Clerk 13.27 12190 - Medical Record Technician 14.85 12195 - Medical Transcriptionist 15.49 12210 - Nuclear Medicine Technologist 38.07 12221 - Nursing Assistant I 11.73 12222 - Nursing Assistant II 13.19 12223 - Nursing Assistant III 14.38 12224 - Nursing Assistant IV 16.15 12235 - Optical Dispenser 14.54 12236 - Optical Technician 15.49 12250 - Pharmacy Technician 14.68 12280 - Phlebotomist 13.60 12305 - Radiologic Technologist 24.31 12311 - Registered Nurse I 23.55 12312 - Registered Nurse II 28.82 12313 - Registered Nurse II…