Solicitation W9128F24Q0046 - FP Tree Service IDIQ.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F24Q0046 15-Jul-2024

b. TELEPHONE NUMBER

402-995-2039

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 09 Aug 2024

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.

W9128F9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LYNNE D REED

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

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

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 968609 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

COE FT PECK PROJECT OFFICE

PATRICIA GILBERT

USACE OMAHA CENWO-OD-FP

301 EAST KANSAS STREET

FORT PECK MT 59223-0208

TEL: 406-526-3411 X4278 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$9,500,000

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 OF60

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.

W9128F24Q0046

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT (PWS)

TREE REMOVAL, TRIMMING, PLANTING, CHIPPING, MULCHING AND STUMP GRINDING

U.S. ARMY CORPS OF ENGINEERS

FORT PECK, MONTANA

JUNE 2024

PART 1

General Information

1. GENERAL: This is a non-personal Indefinite Delivery/Indefinite Quantity contract to provide all labor, supervision, certain equipment/supplies, and transportation to provide tree removal, tree trimming, tree planting, chipping, mulching and stump grinding services for the U.S. Army Corps of Engineers (USACE).

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, other items and non-personal services necessary to perform tree removal, tree trimming, tree planting, tree chipping, tree mulching and stump grinding services as defined in this Performance Work Statement (PWS) except for those items specified as Government Furnished Property (GFP) and services. The contractor shall perform to the standards in this contract.

1.2 Background: Forest management is a component of the Corps of Engineers environmental stewardship responsibilities. Natural Resources Management Mission is to manage and conserve those natural resources, consistent with eco-system management principles, while providing quality public outdoor recreation experiences to serve the needs of present and future generations. United States Army Corps of Engineers (USACE), Fort Peck Project Office manages approximately 390,000 acres of federal land The land starts near Fred Robinson Bridge, Fergus County, MT and continues downstream along both riverbanks (including shoreline) of Fort Peck Lake (in Fergus, Petroleum, Garfield, Phillips, McCone, and Valley Counties) to approximately Nelson Dredge Recreation Area.

1.3 Objectives: Our primary goal is to implement integrated forest management practices to effectively manage the forest within the USACE managed areas in Montana with minimal impact or damage to desirable natural resources.

1.4 Scope: The Contractor shall perform integrated forest management services on federal land. that includes tree removal, tree trimming, tree planting, tree chipping, tree mulching, and stump grinding identified in Section 4 of this PWS. The contractor will provide all labor, tools, transportation, materials, and equipment necessary to manage forest as outlined by specific tasks issued by separately priced Task Orders (TOs).

The type of contract for this requirement is an Indefinite Delivery/Indefinite Quantity (IDIQ) contract and Task Orders will be issued for each requirement. The actual quantities of services ordered under this contract may be significantly less than the NTE contract quantity. Estimated quantities and/or the work to be performed are described herein as Contract Line Items (CLINS) and/or listed on separate sheets as Price Schedule. These quantities are approximate and are provided only for the Contractor's information to assist in preparation of quotations. The quantities are not guaranteed, and actual quantities may be less than shown on the Price Schedule.

Variations in the estimated quantities shall not be justification for or request for additional payment. The services required, in this contract, are in addition to the routine operation and maintenance performed by Government personnel. However, the Government reserves the right to perform any or all of the services described herein above the guaranteed minimum with its own personnel or volunteers. The Contractors work and responsibility shall include, but shall not be limited to, all planning, programming, administration and management necessary to assure that all services are conducted are in accordance with the contract and all applicable laws, regulations, codes, or directives. In addition, the Contractor shall ensure that all work meets or exceeds critical reliability rates or tolerances specified or included in referenced documents. Contractor shall perform all related Contractor administrative services necessary to perform the work such as quality control, Contractor financial control, and maintenance of accurate and complete records and files.

a. Transportation. All mileage costs should be included in each quoted item for tree maintenance services.

The Contractor shall also include all labor, material, supplies, parts, tools, equipment, transportation to and from the work site, profit overhead, and vehicles required to perform the service listed in the applicable bid item.

b. Disposal of Debris. The Contractor shall dispose of all materials and/or debris from the tree maintenance service work under this contract. In areas where disposal areas exist, disposal shall be allowed on Government property. In areas where disposal areas do not exist, the Contractor may haul material to the nearest area approved by the Government. No separate payment for the disposal of materials and debris will be made. All materials and debris will be disposed of in strict accordance with all applicable laws and ordinances.

1.5 Period of Performance: The period of performance for this IDIQ is from the date of award to five years for the NTE amount of $1,500,000.00. Each Task Orders will have an end date specified for each action.

1.6 Place of Performance: The work to be performed under this contract comprises approximately 120,000 acres of federal land that is administered by the USACE Fort Peck Project Fort Peck, Montana. This contract will potentially require contractor to perform contract work within any park or other managed area under the jurisdiction of the Fort Peck Project Office.

1.7 Weekends and Federal Holidays: The contractor is not allowed to perform services on weekends or federal holidays (New Years Day, Martin Luther King Jr. Day, George Washington’s Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day) without prior authorization from the Contracting Officer Representative (COR).

1.8 Hours of Operation: Without prior authorization from the COR, the contractor is responsible for performing services in this PWS sunrise to sunset Monday through Friday, except on federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.9 Payments and Invoicing: The Contractor may submit one (1) itemized invoice per task order for payment or an invoice monthly upon completion of each task order. Each invoice shall be mailed or emailed to the COR and shall include the following information: Contractor's name and address exactly as it appears in Block 17a of SF Form 1449, contract number, task order number, itemized line items and their associated quantities and costs and date. After the COR has conducted an inspection and has approved all work was completed, the invoice will be paid through Electronic Funds Transfer (EFT) within 4-6 weeks". Payments are generally received 4-6 weeks after submittal of a complete invoice. Payment will be made via Electronic Funds Transfer (EFT). All Government furnished materials are required to be returned to the COR before the final invoice will be accepted for payment per task order.

1.10 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. The QASP defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

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

1.10.2 The COR shall inform the contractor when discrepancies occur and shall request corrective action. The COR shall make a notation of the discrepancy with the date, time and discrepancy that was noted, and request the authorized contractor representative to initial the entry and provide the appropriate corrective action.

1.10.3 Government Remedies: The Contracting Officer or the COR shall follow FAR 52.212-4, Contract Terms and Conditions – Commercial Items, for contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

1.10.4 Unless otherwise noted in this specification, the contractor must strictly comply with the manufacturer's current specifications of use for all equipment that they choose to utilize for the completion of this contract.

a) Provide adequate number of experienced workmen regularly engaged in this type of work who are skilled in the application techniques of the materials specified. Provide at least one thoroughly trained and experienced superintendent on the job at all times work is in progress.

b) There shall be no deviations made from this specification or the approved work plans without the prior written approval of the COR. Any deviation from the manufacturer's installation procedures must be supported by a written clarification on the manufacturer's letterhead and presented to the COR for approval.

c) The contractor shall develop and implement an effective quality control program to ensure services are performed in accordance with this PWS. The contractor's quality control plan is the means by which the contractor assures themselves that the work complies with the requirement of the contract. The contractor is required to provide the COR with a Quality Control Plan within the bid packet; the COR will give the contractor written approval if the QCP is satisfactory. The government shall evaluate the contractor's performance based on adherence to the requirements provided herein.

1.11 Post Award Conference, Periodic Progress Meetings, & Coordination: The contractor shall attend any post award conference and progress meetings convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The COR and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the COR will apprise the contractor of how the Government views the contractor's performance, and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

The contractor shall maintain daily coordination with the COR during the work week throughout the period of performance. The meetings and daily coordination shall be at no additional cost to the Government.

1.12 Government Contracting Officer Representative (COR): The COR monitors all technical aspects through quality assurance (QA) of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the contractor performs the technical requirements of the contract; conduct inspections necessary in connection with contract performance; maintain written and oral communications with the contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor contractor's performance and notifies both the KO and contractor of any deficiencies; coordinate availability of Government furnished property; and provide site entry of contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The COR for this contract is Patricia Gilbert at 406-526-3810.

1.13 Security Requirements: No background checks are required for this contract.

1.13.1 General Security Requirements and Guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures—this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

1.13.2 Physical Security and Access Control Requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to Government-owned property shall comply with key and lock control procedures of the RA.

The contractor shall be responsible for safeguarding all Government equipment, information and property furnished for contractor use. The contractor shall be responsible for locking access/security gates behind him immediately upon ingress/egress. At the close of each work period, Government facilities (access/security gates) shall be secured.

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

1.13.4 Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements.

Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

1.13.5 Key Control: No keys will be issued for this contract.

1.13.6 Lock Combinations: The contractor may be issued a combination lock to access parks if work is taking place after park closure.

1.14 Additional Requirements: The contractor is responsible for ensuring 1) all personnel are a minimum of eighteen (18) years of age, 2) all personnel involved with the operation of vehicles on public roadways possess and maintain a valid United States issued operator license during the period(s) of performance of this contract, 3) all vehicles and equipment operated on public roadways are legally registered, licensed, insured and meet all State and local laws, 4) all personnel are trained and have working knowledge of the specific vehicles/equipment they will operate and tasks they are directed to perform, and 5) all personnel conduct themselves in a professional manner during performance of the work required.

1.15 Key Personnel: The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when he/she is absent, will be designated in writing to the COR. The contract manager and alternate shall have full authority to act for the contractor on all matters relating to daily operation of this contract. The contractor, contractor manager and alternate shall be available between 8:00 a.m. to 4:30 p.m. Mountain Standard Time (MST), Monday through Friday, except Federal Holidays or when the Government facility is closed for administrative reasons.

1.15.1 Qualifications for all Key Personnel: The contractor shall be knowledgeable and properly trained for the use of Pole saw, chain saws, bucket trucks, chippers, other equipment and operational safety practices involved in the tree maintenance industry.

1.16 Identification of Contractor Employees: All personnel attending meetings and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must, also, ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. Personnel are not required to obtain and wear name badges. All personnel performing contract work requiring them to drive off-road will be issued an Off Road Vehicle (ORV) permit by the COR at the pre-work meeting.

1.17 Insurance: The Contractor shall be fully insured against any potential damages relating to the work specified herein. The Contractor is liable for any damage to adjacent private property such as, but not limited to, turf, roads, fences, etc. The Contractor shall provide a copy of certificate of insurance to the COR at the pre-work conference.

1.18 Compliance with Laws and Regulations: The Contractor shall comply with all laws, ordinances, statutes and regulations, pertaining to the services specified herein.

1.19 Environmental Protection: The Contractor shall perform all work in such a manner as to minimize the polluting of air, water, or land, and shall, within reasonable limits, control noise and the disposal of solid waste materials, as well as other pollutants.

1.19.1 Protection of Resources: The Contractor shall not pollute rivers, ponds, or other water bodies with fuels, oils, herbicides or other harmful materials. The Contractor shall investigate and comply with all applicable Federal, State, County and Municipal laws concerning pollution of rivers and streams.

1.19.2 Protection of Non-Target Species: The Contractor shall not deface, injure, or destroy non-target vegetation.

Care shall be exercised at all times by the Contractor to minimize damage to non-target species from the required activities.

1.19.3 Protection of Fish and Wildlife: The Contractor shall, at all times, perform work in such a way that minimizes interference with or disturbance to fish and wildlife.

1.20 Safety: The Contractor must consider and anticipate the recreating public to utilize recreation areas and or campgrounds and exercise safe and secure operations while performing the services under this contract. Work will not be performed over or immediately adjacent to a campsite or picnic site which is occupied or being utilized.

Roadways shall be temporarily closed, at Contractor’s discretion, if deemed a safety hazard to users during services.

Traffic safety standards found in EM385-1-1 shall be followed and adhered to.

1.21 Service Contract Act: Applicable Service Contract Act determination will be identified within each Task Order proposal request.

1.22 Special Consideration: There is no salvage value associated with any trees, woody debris or chipped products produced from work in this contract and will remain property of the Government.

1.23 Other Direct Costs: N/A

1.24 Data Rights: N/A

1.25 Organizational Conflict of Interest: N/A

1.26. Phase In/Phase Out Period: N/A

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

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

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

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

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

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

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

2.1.8. QUALITY ASSURANCE. The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE SURVALLENCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

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

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

2.1.12 WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12 WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

A-B-C Fire Extinguisher Classification ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AHA Activity Hazard Analysis

AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense EFT Electronic Funds Transfer EM Engineer Manual EPA Environmental Protection Agency FAA Federal Aviation Administration FAR Federal Acquisition Regulation FIFRA Federal Insecticide, Fungicide, and Rodenticide Act FPCON Force Protection Condition GPS Global Positioning System GR Government Representative HIPAA Health Insurance Portability and Accountability Act of 1996 HQDA Headquarters, Department of the Army IDIQ Indefinite Delivery Indefinite Quantity KO Contracting Officer MST Mountain Standard Time NPDES National Pollutant Discharge Elimination System OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs ORV Off-Road Vehicle PIPO Phase In/Phase Out PRS Performance Requirements Summary PSI Pounds Pressure Per Square Inch PWS Performance Work Statement QA Quality Assurance QAE Quality Assurance Evaluator QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program SDS Safety Data Sheet TE Technical Exhibit USACE U.S. Army Corps of Engineers UTM Universal Transverse Mercator UTV Utility Terrain Vehicle

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will issue task orders and Quality Assurance Representatives to assure the work specified within the PWS is performed to specification.

3.2 Facilities: The contractor may use the park facilities where they are provided and when not in use by another user of the park.

3.3 Utilities: The Contractor may use Government utilities where available and when not in use by another user of the park. The Contractor shall make a dedicated effort to conserve utilities and shall comply with all Government regulations regarding energy/water conservation. Government furnished utilities shall be used only in the performance of work specified in this contract. Where water and electricity are not provided, the Contractor must obtain them from other sources at no additional expense to the Government.

3.4 Equipment: The Government will not furnish equipment to the contractor.

3.5 Materials: At the commencement of work, the Government may furnish limited materials and supplies to the contractor for use in performance of work under these requirements. This will be limited to supplies remaining on hand by the Government at the time of contract award. Materials and supplies furnished may include trees and tree planting materials for annual plantings.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: Except as described elsewhere in this contract, the Contractor shall furnish all personnel, management, inspections, facilities, vehicles, transportation, equipment and operators, supplies, tools, materials and parts necessary to accomplish all required services. Contractor furnished items shall meet all applicable Federal, State and local laws or regulations. Unless otherwise specified, when the Contractor provides services under a Task Order, the Contractor shall provide all the necessary "tools of the trade" to accomplish the work. This includes the vehicles necessary, any materials, equipment, supplies, and /or Contractor personnel to and from the job site.

4.2. Secret Facility Clearance: N/A

4.3. Materials: The Contractor shall furnish all necessary materials, such as but not limited to, insurance, permits, licenses, work plan, accident prevention plan, quality control, completed PAR forms, invoices, etc. to complete the requirements of this PWS.

4.4. Equipment: The Contractor shall furnish all equipment to perform the required work within the PWS. Equipment used shall be in working condition free of leaking oil, gas, hydraulic oil, and or any other substances in which could damage any park facilities. All equipment shall have protective guards and proper safety devices functioning and working before any work shall be performed.

4.5 Vehicles: Vehicles and equipment must be kept in proper mechanical order being clean and neat in appearance.

Vehicles are to be kept on paved surfaces at all times, except as specifically permitted by the on-site representative of the Operations Project Manager during the actual performance of tree maintenance operations. Vehicles may not be parked and left unattended on grassed areas or on Federal lands for extended periods of time.

4.6 Service Truck Drivers: Service truck drivers shall possess a current driver’s license.

4.7 Equipment Storage: While working on specific task orders, the Contractor's equipment may be stored on Government property administered by the USACE. It is the Contractor’s responsibility to secure their personal property during working and non-working hours. The Government will not be held liable for damaged, lost, stolen, or vandalized property.

4.8 Rules and Regulations: The contractor shall abide by all USACE regulations as listed in the Code of Federal Regulations (CFR), Title 36. Exceptions to these regulations may be made at the discretion of the COR. Off-road travel is restricted to the actual treatment area. Signs will be posted at access points of heavily used recreation areas to let the general public avoid work areas. Signs will be provided by the Corps of Engineers.

4.9 Camping: Camping near or on the project site may or may not be allowed. It is the discretion of the COR to approve camping sites prior to moving in any equipment or supplies. Campsites and camping methods shall follow all applicable public camping provisions set forth by the Corps of Engineers. Camping Information on these provisions may be obtained by telephoning the project office or at http://www.mvn.usace.army.mil/recreation/Recreation_Rules_Title36.asp. The Contractor must have prior approval for camping. Camping under this PWS may be limited to 14 days in some locations, and is subject to availability of a suitable site. The Contractor must get written approval from the Government to camp in one location longer than 14 days.

4.10 Access to Treatment Areas: Access to treatment areas will require travel on backcountry roads, graveled County roads, non-graveled two track roads, areas with restricted travel and areas with no mechanical travel allowed. The treatment areas can be along or away from roads. Individual task orders will identify area (s) to be treated.

4.11 General Safety: The contractor shall be responsible for the safety of their employee(s), and for any injury or damage done by said personnel and shall protect the Government from any claims. All personnel are required to wear the manufacturer’s recommended personal protective equipment during all work activities conducted in completion of this PWS. The contractor's equipment shall meet or exceed all current federal, state, and local safety requirements. The contractor and their employee(s) shall be required to use the personal protective devices recommended by the manufacturer during all work activities conducted in completion of this PWS. The contractor is responsible for complying with all applicable safety requirements and practices set forth in the USACE Manual EM 385-1-1 titled “Safety and Health Requirements Manual”, dated 15 March 2024 and available on-line at https://www.publications.usace.army.mil/Portals/76/EM%20385-1- 1%20_EFFECTIVE%2015March2024.pdf

4.11.1 Safety Operations of Equipment/Vehicle: Equipment and vehicles shall be kept professional, organized, and in a good state of repair. Any equipment or vehicles found to be unsafe will not be used until unsafe conditions have been corrected. No person shall be permitted to ride with arms or legs outside the vehicle body, in a standing position on the body, on running boards, or seated on side fenders, cabs, cab shields, rear of vehicle, or on the load.

Riding on vehicles or equipment is prohibited unless a seat is provided. Only the operator shall be allowed to ride on equipment designed for one-man operation. Equipment or vehicles shall not be operated in a manner that will endanger persons or property nor shall the safe operating speeds or loads be exceeded. No vehicle shall be stopped, parked, or left standing on any road or adjacent thereto in such a manner as to endanger other vehicles using the road. No equipment or vehicle shall be left unattended until after the motor has been shut off, the key removed, parking brake securely set, and gear engaged in low, reverse, or park. Equipment shall be locked or secured to prevent starting by unauthorized persons. If stopped on a hill or grade, front wheels shall be turned or hooked into the curb, or the wheels securely chocked.

4.11.2 Onsite Safety: The contractor shall provide and maintain the minimum on-site safety equipment/requirements as follows:

a) The contractor shall provide and maintain at least one nonfreezing-type A-B-C fire extinguisher in each vehicle, vessel, and piece of motorized equipment. Place in a location readily accessible to personnel.

b) The contractor shall provide and maintain a first aid kit commensurate with the size of the project and with items necessary for first-aid treatment of all injuries.

c) The contractor shall advise personnel of the location of first-aid kits and fire extinguishers.

d) The contractor shall post telephone numbers of nearest hospital or ambulance service and fire station in a conspicuous location and advise all personnel of locations and telephone numbers.

4.11.3 Hard Hat Requirement: The Contractor shall provide approved safety hard hats with the company name or logo to be worn by all employees and subcontractors while working in public recreation areas. Appearance of all employees will be neat and clean at the beginning of each workday.

4.11.4 Contractor Identification Signs: Contractor's vehicles and major subcontractor's vehicles shall be identified with the company name prominently displayed (minimum two inch letters) on the outside of both front doors of each vehicle in such a manner as to provide a readily visible means of identification.

4.11.5 Accident Prevention Plan: In accordance with EM 385-1-1, the contractor shall submit at the post award conference/meeting an accident prevention plan to be followed by all contractor personnel during performance of the work. The plan shall be developed only after a careful analysis of the work involved and shall be tailored specifically to the conditions of this contract and shall address the following items:

a) Responsible Individuals

b) Indoctrination of New Employees

c) "Tool Box" Safety Meetings

d) Fire Prevention and Protection

e) Housekeeping

f) Mechanical Equipment Inspection

g) First Aid and Medical Facilities

h) Sanitation

i) Personal Protective Equipment/Devices

j) Accident Reporting

4.12 Prioritization of Work: Each task order will provide specific work areas. The contractor will apprise the COR or Inspector of the work location plans on a weekly basis. The COR may prioritize work areas at any time.

4.13 Chemical Labels and SDS (Safety Data Sheet): The Contractor shall carry and have within easy access during all operations, a label and SDS for fluids or chemicals being used for equipment. The Contractor and all applicable personnel are required to review, understand, and follow the label recommendations, requirements, precautions, and prohibitions. All fluids or chemicals will be handled following the Environmental Protection Agency (EPA) label guidelines and other state and federal laws for storage, application, and disposal methods.

4.14 Methods of Forest Management: Management types will include tree removal, tree trimming, tree mastication, tree planting, chipping and stump grinding services.

4.15 Tree Removal Specifications: Trees shall be identified on the task order by size measured at diameter at breast height (DBH), which is 4 feet above ground level. Stump heights will not exceed 2” in height, and top planes of stumps will follow existing adjacent grades. Trees to be removed shall be identified in the field by paint or marking tape, color specified in the task order, placed by field office personnel, and areas of work include site office parks or site office location.

Note: Some tree removal will require the grinding of stumps; these trees will be field marked with both blue and yellow spray paint or flagging. The Contractor shall use whatever methods necessary to remove marked trees without damaging other trees or facilities. Any damage to facilities as a result of the Contractor's negligence shall be repaired or replaced at the Contractor's expense. Tree removal line item includes all equipment and personnel to completely remove the tree including disposal in accordance with contract specifications. For example, if tree removal requires special equipment such as a bucket truck, contractor shall not request payment or invoice the Government for this equipment or personnel, the cost shall be included in the line-item price for tree removal.

4.16 Bucket Lift Trimming: (60’ Minimum Reach): The bucket lift shall as a minimum have, pneumatic tire type, bucket capacity three hundred pounds, height reach of 60 feet, with outriggers to stabilize unit. The Contractor will include all labor, travel time and transportation costs to and from the work site, administrative costs, tool/equipment, and trips to obtain repair parts in the event of equipment breakdowns, disposal costs in accordance with contract specifications, overhead and profit for this equipment. The Government will field mark proposed work areas with red flagging and will request a proposal from the contractor. Contractor would provide the Government a firm fixed price proposal (in contract hours) for the proposed work areas, and upon agreement, a task order will be issued for described work Under no circumstances will the Government issue a task order using this line item with less than four hours within each schedule area. The Government may issue task orders with these types of operations in either the same park or areas where parks are in close proximity to each other (i.e., same schedule). Note: This line item will not be used in conjunction with other line items to complete the same task.

4.17 Pole Saw: The Contractor will include all labor, travel time and transportation costs to and from the work site, administrative costs, tool/equipment, and trips to obtain repair parts in the event of equipment breakdowns, disposal costs in accordance with contract specifications, overhead and profit for this equipment.

The pole saw line item include the contractor furnishing an operator, with one 12’ minimum reach commercial duty, 12” minimum bar length pole saw and all other related equipment, etc. This item will primarily be used for clearing multiple locations in close proximity to each other. For example: Government may desire that a park day use loop be pruned/trimmed to enable mowing contractor enhanced access to mowing areas. At this time Government would field mark proposed work areas with pink flagging and will request a proposal from the contractor. Contractor would provide the Government a firm fixed price proposal (in contract hours) for the proposed work areas, and upon agreement, a task order will be issued for described work. The Government may issue task orders with these types of operations in either the same park or areas where parks are in close proximity to each other (i.e., same schedule). Note: This line item will not be used in conjunction with other line items to complete the same task

4.18 Forestry Mulching: The Contractor will include all labor, travel time and transportation costs to and from the work site, administrative costs, tools/equipment, and trips to obtain repair parts in the event of equipment breakdowns, overhead and profit for this equipment. This line item will include the contractor furnishing an operator and a skid-steer forestry mulching unit with drum or rotary style forestry mulching attachment. This line item will be used when the Government desire’s certain locations to be mulched/under-brushed of any trees, vines, saplings, shrubs, and/or any woody small vegetation. Examples include encroaching tree line (forest edges) into road rights-of-way, improved mowing areas edges, and areas for wildlife habitat improvements. The Government will field mark proposed work areas with orange flagging and will request a firm fixed price proposal from the contractor. Contractor would provide the Government a proposal (in contract hours) for the proposed work areas, and upon agreement, a task order will be issued for described work. The Government may issue task orders with these types of operations in either the same park or areas where parks are in close proximity to each other (i.e., same schedule). Forestry mulching will typically not include any trees larger than 6” in diameter at breast height. However, there may be the occasional tree diameter above this measurement. All vegetation in this line item shall be mulched with machine and evenly distributed on ground without clumping, bunching, or leaving stumps in a shredded state above the ground.

Stumps of all vegetation shall be evenly mulched to existing grade. Note: This line item will not be used in conjunction with other line items to complete the same task.

4.19 Tree Chipping: The Contractor will include all labor, travel time and transportation costs to and from the work site, administrative costs, tools/equipment, and trips to obtain repair parts in the event of equipment breakdowns, overhead and profit for this equipment. This line item will include the contractor furnishing an operator and a chipper capable of chipping trees 12” in diameter. The Government will field mark proposed work areas with orange flagging and will request a proposal from the contractor. Contractor would provide the Government a firm fixed price proposal (in contract hours) for the proposed work areas, and upon agreement, a task order will be issued for described work. Under no circumstances will the Government issue a task order using this line item with less than four hours within each schedule area.

The Government may issue task orders with these types of operations in either the same park or areas where parks are in close proximity to each other (I.E., same schedule). Chipping will typically not include any trees larger than 12” in diameter at breast height. Vegetation in this line item shall be chipped with machine and evenly distributed on ground without clumping, bunching, or leaving stumps in a shredded state above the ground or may be required to be hauled off-site to an area designated by the COR not to exceed 20 miles round trip from work site. Note: This line item may be used in conjunction with other line items to complete the same task.

4.20 Tree Stump Grinding: Stumps selected for removal will be designated by the application of spray paint or flagging with the color specified in the task order. Stumps shall be ground a minimum 2 inches below the natural grade, and chips from the grinding operation can be used to fill these ground stump holes, back to the natural contour of the grade, unless within a designated mow area. If within a designated mow area, the contractor will back fill holes with topsoil. Topsoil will be provided by the Government. Any excess chips will be allowed to be spread evenly with grade over the area around stump being removed unless within a designated mow area. If within a designated mow area, excess chips will be swept up and discarded at a site designated by the Government. Any miscellaneous materials from this operation must be removed and any voids or holes made by machinery/equipment must be completely filled and smoothed to the ground’s surface level. Note: Measurement and payment of stumps removed will be made by measurements used for tree removal line items.