Solicitation W912BV24Q0004.pdf

SEE ADDENDUM

(No Collect Calls)

W912BV24Q0004 25-Oct-2023

b. TELEPHONE NUMBER

918.669.7657

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 29 Nov 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912BV9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

C C THAYER

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIV

US ARMY CORPS OF ENGINEERS, TULSA DISTRICT

2488 E. 81ST STREET

TULSA OK 74137-4290

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

918-669-7436FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$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 OF95

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.

W912BV24Q0004

Section A - Solicitation/Contract Form

INSTRUCTION TO OFFERORS

Instructions to Offerors

NEED HELP:

If you need assistance with SAM, NIST or preparing your quote, please contact your local Procurement Technical Assistance Center (PTAC). You may find your PTAC here: https://www.aptac-us.org/contracting-assistance/.

PREPARING YOUR QUOTE:

Your Quote shall consist of ONLY the following list of required items.

1) Submit a signed copy of the first page of the solicitation.

a. Complete block 17a with your name and telephone number

b. Complete Contractor Information Sheet in Section B of the solicitation

c. Sign block 30a (digital signatures are accepted)

d. Complete block 30b

e. Complete block 30c

f. DO NOT SUBMIT A COPY OF THE SOLICITATION IN ITS ENTIRETY

2) Submit a signed copy of all amendments issued, if any. It is your responsibility to monitor SAM.gov for amendments.

a. Complete block 15A

b. Complete block 15B (digital signatures are accepted)

c. Complete block 15C

d. DO NOT SUBMIT A COPY OF THE AMENDMENT IN ITS ENTIRETY. Only pages that require a vendor response shall be submitted.

3) Complete the pricing schedule provided with the solicitation. All items in the pricing schedule must be completed, including optional items. All items must include a dollar value.

4) Complete the subcontractor data worksheet provided with 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. Offerors shall identify the business size of any subcontractors 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 FOR SMALL BUSINESS (DEVIATION 2021-O0008) (OCT

2022).

5) Complete the Representations and Certifications (Reps and Certs) in Section K, unless already completed and current in the System for Awards Management at https://sam.gov/. Notice: Failure to respond to provision 52.204-26 and, if applicable 52.204-24, will deem your offer non-responsive and un-awardable.

6) Contractor must provide at time of quote a current, valid copy of their (or their Subcontractor’s) Commercial Herbicide Applicator’s license in accordance with the requirements in the PWS. Submission of License number only will not be accepted.

Offerors must have an active registration in SAM to be eligible for award.

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

Quotes shall be valid through 2/28/2024.

SUBMITTING YOUR QUOTE

MAIL, FAX, EMAIL or HAND DELIVER YOUR DOCUMENTS

Offerors shall limit their offer to include ONLY the required items listed in the Instructions to Offerors. 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 prospective offeror. As previously stated, ADDITIONAL INFORMATION WILL NOT BE EVALUATED. NO cross-outs or strike-through marks. Submit a legible quote with no correction marks.

EMAIL

Emailed quotes are the preferred method for submission.

Quotes must be received in a supported Adobe or Microsoft Office file format. Adobe or Microsoft Office file formats are the only acceptable methods of submitting a quote electronically.

a. Submit all required documents in one file. It may be helpful to reduce file sizes

b. Zip files are not recommended

c. DO NOT USE Cloud storage providers, google docs, web-based drop boxes, OneNote/OneDrive, URLs, web-based format, or any other virtual/web-based memory services are NOT acceptable methods of submitting a quote

d. Reference the solicitation number in the subject line

e. Send quotes to both of the following e-mail addresses:

Colleen.Thayer@usace.army.mil CESWT‐CT‐SS‐Quotes@usace.army.mil

f. Ensure your quote is received before the due date and time. For your quote to be considered responsive, all required materials must be received before the due date and time. If all required materials are not received, your quote will not be considered. Do not assume that quotes sent by email will be delivered or received immediately after the offeror pushes “send.” Late emails will be analyzed in accordance with FAR 52.212-1(f)(2)(i) to determine if they can be accepted for evaluation. For the purpose of this solicitation, as it relates to email submissions, the term initial point of entry to the Government infrastructure is defined as the Army Server. For the purpose of this solicitation, as it relates to email submissions, the term Government Installation designated for the receipt of offers is defined as the USACE server.

FAX

Include a cover sheet that references the Contract Specialist – Colleen Thayer and the solicitation number, W912BV24Q0004. Fax to colleen.thayer@usace.army.mil or (918) 669-7436. After faxing document, please contact the contract specialist to confirm receipt.

MAIL

When submitting through mail, please notify the contract specialist and ensure you clearly address the envelope to:

U.S. Army Corps of Engineers, Tulsa District Colleen Thayer, 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, W912BV24Q0004. All pages should be numbered. Use only 8 ½” x 11” paper for fax or mail submissions. Do not use foldouts (e.g., 11” x 14” or 11” x 17” sheets). Do not use a font size smaller than 10, or condensed print for any submission. Times New Roman or Arial Font are the only acceptable fonts. All page margins must be at least 1 inch wide but may include headers and footers. Illegible handwritten quotes will not be considered. Typed quotes are highly encouraged and the preferred method. Do not use spring clamps, staples, or exceed the recommended capacity of the fastener or binder.

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

HAND DELIVER

If your submission will be hand-carried, please provide notification to the Contract Specialist, at least one working day in advance, by calling (918) 669-7657 or e-mailing Colleen.Thayer@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 a Contract Specialist or a Contracting Officer of the Tulsa District Office. The Tulsa District Office is in the 20-story building of the CityPlex towers, address below:

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

INQUIRIES – OFFEROR’S QUESTIONS AND COMMENTS

USE OF BIDDER’S INQUIRY

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

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

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

1. To submit and review bid inquiry items, offerors will need to be a current registered user or self‐ register into the system. To self‐register go to the aforementioned web page and click on the BID tab.

Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your e‐mail address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

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

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

The Solicitation Number is: W912BV24Q0004

The Bidder Inquiry Key is: NR7Q34-XDFSS3

The Bidder Inquiry System will be unavailable for new inquiries 2:00 PM Central Time, Wednesday, 15 Nov 2023 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.

PRE-PROPOSAL/SITE VISIT CONFERENCE

A Pre-Proposal/Site Visit Conference is scheduled for:

Site Visit Date/Time: Tuesday, November 7, 2023

10:00 AM Central Time

Site Visit Location: U.S. Army Corps of Engineers Waurika Lake Project Office 5900 Waurika Dam Road Waurika, OK 73573

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.

Section B - Supplies or Services and Prices

PRICING SCHEDULE

BID SCHEDULE

HERBICIDE APPLICATION SERVICES

WAURIKA LAKE, OK

01 APRIL 2024 - 31 MARCH 2025

ITEM

NO

Description QUANTITY UNIT UNIT

PRICE

TOTAL

AMOUNT

APPENDIX A – EMBANKMENT

AND DIKE #1

0001 Herbicide Application 152 Acres

TOTAL BASE YEAR $______________

BID SCHEDULE

HERBICIDE APPLICATION SERVICES

01 APRIL 2025 - 31 MARCH 2026

Description QUANTITY UNIT UNIT

PRICE

TOTAL

AMOUNT

1001 Herbicide Application 152 Acres

TOTAL OPT YEAR 1 $ ______________

01 APRIL 2026 - 31 MARCH 2027

Description QUANTITY UNIT UNIT

PRICE

TOTAL

AMOUNT

2001 Herbicide Application 152 Acres

TOTAL OPT YEAR 2 $ _____________

01 APRIL 2027 - 31 MARCH 2028

Description QUANTITY UNIT UNIT

PRICE

TOTAL

AMOUNT

3001 Herbicide Application 152 Acres

TOTAL OPT YEAR 3 $ _____________

01 APRIL 2028 - 31 MARCH 2029

Description QUANTITY UNIT UNIT

PRICE

TOTAL

AMOUNT

4001 Herbicide Application 152 Acres

TOTAL OPT YEAR 4 $_____________

TOTAL BASE PLUS 4 OPTIONS $______________

SUB-CONTRACTING INFOMATION

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

OFFEROR'S CONTRACT INFOMATION

Complete the following information and return it with your quote.

The following information is required with quote submission.

General Contact Information

Offeror’s Name:

Offeror’s Mailing Address:

Offeror’s Phone Number:

Offeror’s Email Address:

Name of authorized signers for your company:

Commercial and Government Entity (CAGE) Code:

Unique Entity Identifier (UEI) (12-character):

Are your Reps and Certs completed in SAM? YES _____ NO ______

Section C - Descriptions and Specifications

SCOPE OF WORK

S P E C I F I C A T I O N S

WAURIKA LAKE

OKLAHOMA

MAINTENANCE CONTRACT

FOR

HERBICIDE APPLICATION

ORGANIZATION OF SECTION C

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

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

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

TABLE OF CONTENTS

Para.

No. Paragraph Title 1 Scope of Work 2 Definitions 3 References 4 Initiation, Execution, & Acceptance of Work 5 Personnel 6 Equipment 7 Performance Requirements 8 Contractor Quality Control 9 Deductions for Deficient Work 10 Safety 11 Pre-work Conference 12 Contractor Submittals 13 Insurance 14 Billing 15 Antiterrorism and Operations Security Requirements

EXHIBITS

No. Title 1 Performance Requirements Table 2 Quality Assurance Report 3 Example of Job Hazard Analysis 4 Invoice Format 5 Example of Herbicide Report 6 Inventory of Facilities 7 Quality Control Inspection Log

APPENDICES

No. Title

A APPLICATION OF HERBICIDES

1. SCOPE OF WORK. The work required under this specification provides for herbicide application at the Waurika Lake Project on the Dam Embankment and Dike #1. All work shall be accomplished in a safe, workmanlike manner and in accordance with the Corps of Engineers Safety and Health Requirement Manual, EM 385-1-1, most current edition, all applicable Federal, State and local safety codes and practices.

2. DEFINITIONS.

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

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

2.3. Government. The term "Government" as used herein means the United States of America.

2.4. 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.

2.5. Project. The term "project" as used herein means all Government property and easements at the Waurika Lake Project.

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

2.7. Quality. Conformance with the contract specification.

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

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

2.10. Workday. Any day, Monday through Friday, exclusive of Federal holidays. This definition should not be interpreted to mean work is not required by this specification on other days.

3. REFERENCES. Corps of Engineers Safety and Health Requirements Manual, (EM 385-1-1, current version) is hereby incorporated into this specification. A copy of the manual may be found on-line at http://www.usace.army.mil/inet/usace-docs/eng-manuals/em385-1-1/toc.html.

4. INITIATION, EXECUTION, AND ACCEPTANCE OF WORK.

4.1. Initiation and execution of work shall be in accordance with this specification and the dates specified for initiation and completion of work found in Appendix A.

4.2. Acceptance of Work. When work is completed, the contractor will notify the Contracting Officer’s Representative (COR) or Contracting Officer. The COR or Contracting Officer will accept work after an inspection. The acceptance of work does not relieve the contractors work from complying with Performance requirements.

4.1.2.1. Initial notification of deficiencies may be written or oral; however, all oral notification shall be confirmed by the COR in writing within two (2) workdays. Written notification shall be provided by completing Parts I, II, and III of a Quality Assurance (QA) Report (SWT Form 982, Exhibit 2).

4.1.2.2. If the COR notifies the contractor of deficient work the contractor shall initiate action to accomplish corrective work. Work performed on a daily schedule shall be re-performed the same day. Work performed on less than a daily schedule shall be re-performed not later than the following day. Refer to paragraph 10 for deficient work not re-performed.

4.1.2.3. The contractor shall notify the COR when corrective work is completed.

Notification shall be made by completing Part IV of the QA Report provided it has been furnished the contractor. If not, notification shall be made orally. When work has been corrected, the COR shall take necessary action to complete Part V of the QA Report and provide a copy to the contractor. The QA Report shall be filed with the permanent Contract Files at Tulsa District.

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 various types of work specified.

5.2. Supervision.

5.2.1. The contractor shall provide one 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 their absence, shall be designated in writing to the COR and the Contracting Officer prior to initiation of work.

5.2.2. The contractor shall provide the COR and the Contracting Officer a local or toll-free telephone number at or through which the supervisor can be reached between 8:00 a.m. and 4:30 p.m. on all workdays. Use of a cellular-type phone is acceptable.

6. EQUIPMENT. The contractor shall furnish equipment necessary to accomplish work within reasonable time frames not to exceed the response times set forth in Appendix A.

6.1. Equipment Inspections. Upon request, the contractor shall present equipment to the Contracting Officer or COR for inspection. Equipment brought to the project shall not be used until it has passed inspection by the Contracting Officer or COR. The COR or Contracting

Officer shall establish the time and location for these inspections.

6.2. Equipment Requirements. All equipment used to perform work under this specification must be in good operating and mechanical condition and shall comply 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 and Site Manager approves use of other areas. All vehicles will only be operated by drivers possessing a valid state issued driver’s license.

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

7.1. 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 COR.

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

8. CONTRACTOR QUALITY CONTROL. The contractor shall establish and execute a CQC Program in accordance with clause 52.246-4 "Inspection of Services" to assure that all work required by this specification is completed on schedule and in accordance with the PRs in Exhibit 1.

8.1. The results of all quality control inspections conducted by the contractor shall be entered on the Quality Control Inspection Log (SWT Form 990, Exhibit 7). A copy of completed inspection logs shall be furnished the Contracting Officer weekly.

8.2. The Contracting Officer may waive the requirements in subparagraph 8.1If it is determined the proper CQC can be achieved without the required submissions. The Contracting Officer will normally make this determination on the basis of actual performance by the contractor.

9. 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:

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

9.2. 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.

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

9.4. Each service found deficient and not reperformed by anyone, or work not performed at all:

Deduction for loss in value shall be based on estimates of the contractor's cost for performing the work, i.e., labor, materials, equipment costs, work schedules, etc. Loss in value shall be based on the contract bid price or applicable portion thereof.

10. SAFETY.

10.1. Safety Plan. Prior to initiating work, the contractor shall furnish the COR and the Contracting Officer 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:

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

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

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

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

10.1.5. Fire prevention plans.

10.1.6. 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, especially at the start of a major job. 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 Contracting Officer directs in writing. Job hazard analysis directed in writing by the Contracting Officer shall be submitted for approval within one (1) week. An example of a job hazard analysis is given in Exhibit 3 located in the attachments.

10.2. 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 written request of the Contracting Officer.

10.3. 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 or 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.

10.4. Accident Reports.

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

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

10.5. Exposure Reports. The contractor shall maintain an accurate record of exposure data (man-hours worked) and submit the figure in writing to the COR monthly by the 2nd workday of the following month.

11. PRE-WORK CONFERENCE. The Contracting Officer or their designated representative shall conduct a Pre-work Conference with the contractor to discuss the provisions of this specification and the contractor's submittals listed in paragraph 12 below. As a minimum, the contractor shall be represented by the officer of the company that signed the contract and the on-site supervisor. The Contracting Officer or their designated representative shall establish the location, date, and time of the Pre-work Conference after consultation with the contractor.

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

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

12.2. Safety Plan (subparagraph 10.1.).

12.3. Job Hazard Analysis (subparagraph 10.1.6.)

12.4. Exposure reports (submit by 2nd workday of each month) (subparagraph 10.5.).

12.5. Applicator Certification License for Oklahoma.

12.6. AT/OPSEC Training form provided prior to initiation of work and prior to any employee entering the facility (paragraph 15)

12.7. E-Verify completed (subparagraph 15.2.)

13. INSURANCE

13.1 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 their performance under this contract the following minimum insurance:

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

b. 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.

c. Automobile liability: Liability insurance shall be written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

13.2 The contractor shall submit to the Contracting Officer a copy of their insurance certificate within 5 calendar days of notification of contract award.

14. BILLING.

14.1. The contractor shall submit the original and two copies of invoices for all completed work.

14.2. Invoices shall be prepared in the format shown at Exhibit 4 located in the Attachments.

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

14.4. Invoices and supporting documents shall be delivered or mailed to the COR at:

Attention: TO BE PROVIDED AT AWARD Waurika Lake Office 5900 Waurika Dam Road Waurika, OK 73573

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

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

15.2. 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 contra cl. 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 dale 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.

15.3. Antiterrorism (AT) Level I Training. All contract personnel requiring routine access to Army installations, facilities, and controlled access areas, or requiring network access shall complete initial and annual refresher AT Level I awareness training. Online AT Level I awareness training is available at https://jko.jten.mil/ (website subject to change).

15.4. 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 (hllps://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 1-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

EXHIBIT 1

PERFORMANCE REQUIREMENTS TABLE

SERVICE REQUIREMENT PR NO. PERFORMANCE STANDARDS

APPENDIX 1- Herbicide Applications

Inventory Locations with Acreage

B1 Vegetation shows signs of kill 7 days after treatment

Completion of Work B2 Completed within scheduled time limits

Safety B3 All work performed in accordance with EM 385-1-1 & Applicable Job Hazards Analyses

EXHIBIT 2

QUALITY ASSURANCE REPORT

DIRECTIVE 1130-2-550

PART 1 - NOTIFICATION

This report constitutes notification to the contractor of the deficiencies cited below.

This report confirms oral notification to the contractor on ______________ of the deficiencies cited below.

COR Signature Date

Type or Print name if not electronically signed ______________________________________

PART 2 - QA INSPECTION RESULTS

PR NO LOCATION DESCRIPTION OF DEFICIENCY

PRIMARY

INSPECTION

SECONDARY

INSPECTION

No. Inspec.

No.

Def. No. Inspec.

No.

Def.

SWT Form 23 Oct

ALL PREVIOUS EDITIONS ARE OBSOLETE

PROPONENT:

CESWT-OD

Continued

PART 3 - CO DECISION ON DEFICIENCIES

The deficiencies in meeting PR No. (s) _____________________________ must be corrected before the work will be accepted.

______________ will be deducted from scheduled payments to the contractor for the deficiencies Meet PR No. (s) _____________________________. Calculations for this deduction are given under part VI.

COR Signature Date

Type or Print name if not electronically signed ______________________________________

PART IV - NOTIFICATION

I certify that all deficiencies have been corrected in accordance with the contract specifications.

COR Signature Date Type or Print name if not electronically signed ______________________________________

PART V - ACCEPTANCE

All work except that for which deductions will be made complies with the contract specifications and is hereby accepted.

COR Signature Date

Type or Print name if not electronically signed ______________________________________

SWT Form 982 23 Oct 2010

ALL PREVIOUS EDITIONS ARE OBSOLETE PROPONENT: CESWT-OD

EXHIBIT 3

EXAMPLE OF JOB HAZARD ANALYSIS

SEE SECTION J

EXHIBIT 4

INVOICE FORMAT

BILLING FOR

MAINTENANCE CONTRACT

PROJECT: SHEET: ___________ OF ___________

CONTRACTOR: DATE:

ADDRESS:

BILLING PERIOD: THROUGH:

CONTRACT #: INVOICE #:

PAYMENT TERMS (Payment Discount or N/A):

BID ITEM: DESCRIPTION: UNIT: AMOUNT:

TOTAL PAYMENT REQUESTED:

CONTRACTOR SIGNATURE:

DATE:

EXHIBIT 5

EXAMPLE OF HERBICIDE REPORT

EXHIBIT 6

INVENTORY OF FACILITIES

INVENTORY OF FACILITIES

B-1 Inventory of Vegetation Control Areas – Waurika Lake Project

Location Acres

Dam Embankment 147

Dike #1 5

EXHIBIT 7

QUALITY CONTROL INSPECTION LOG

QUALITY CONTROL INSPECTION LOG

(DIRECTIVE ER) 1130-2-203

REPORT NO. DATE:

PR NO. LOCATION DESCRIPTION OF DEFICIENCY

NO.

INSPECTED

NO.

DEFICIENT

(Signature of Inspector)

SWT FORM 990

REV SEP 91 All previous editions are obsolete. (PROPONENT: CESWT-OD-MS)

APPENDIX A

APPLICATION OF HERBICIDES

1. SCOPE OF WORK. Contractor shall provide all labor, Equipment, and supplies to perform herbicide application at Waurika Lake, Oklahoma.

1.1. The contractor shall initiate work within 3 calendar days of May 1 and shall complete all work within 15 calendar days of initiation of work.

2. DESCRIPTION OF WORK.

2.1. Work performed under this specification will be performed at Waurika Lake, OK between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, unless otherwise approved in advance by the Contracting Officer Representative (COR). Work shall be completed between 1 May and 18 May for each application during each calendar year of the Johnsongrass and Purple Thistle Total Vegetation Control Program. Consideration for this requirement will be provided pending weather, ground, or other unsafe conditions during this time. The areas where herbicide application is to occur are located at the following areas at the Waurika Lake Embankment Area.

a. Spray an aquatic-safe herbicide using surfactant or crop oil on all Johnsongrass and

Thistle vegetation growing within the areas to obtain 95% kill of all vegetation at the following locations: (Mowing Maps see attachments)

(1) Embankment (Map #1) 147 Acres

(2) Dike #1 (Map #2) 5 Acres

(1) Embankment (Map #1)

b. Spray all grassy areas on the upstream and downstream side of the embankment extending from the guardrail down to the rip rap areas, to include all areas where approved mowing occurs to obtain a 95% kill of the Johnsongrass and Thistle vegetation.

The initial spraying should occur when vegetation reaches an average height of between 18-24 inches. Contractor will be required to retreat areas where control is not achieved at no cost to the government. Dark blue dye must be added to the chemical mix in the quantities specified by the manufacturer.

(2) Dike #1 (Map #2)

c. Spray all grassy areas on the upstream and downstream side of Dike #1 extending from the county road down to the base of the toe of the dike area, to include all areas where approved mowing occurs to obtain a 95% kill of the Johnsongrass and Thistle vegetation.

The initial spraying should occur when vegetation reaches an average height of between 18-24 inches. Contractor will be required to retreat areas where control is not achieved at no cost to the government. Dark blue dye must be added to the chemical mix in the quantities specified by the manufacturer.

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

3.1. All work shall be performed or supervised by an applicator certified by the state of Oklahoma to apply herbicides. A copy of licenses shall be furnished to the Contracting officer when submitting your quote.

3.2. All vehicles used by the contractor in performance of the contract shall be properly marked as required by State regulations.

3.3. No storage of chemicals will be allowed on the project. Cleaning of pesticide containers and decontamination procedures shall not be performed on Government property.

3.4. Disposal of discarded pesticide containers shall be in a state and federal approved site. The contractor shall provide the location used to dispose of materials resulting from work performed under this contract.

3.5. The contractor shall comply with the procedures set forth in the project’s hazardous spill prevention plan.

3.6. The contractor shall provide and have available at the work site a copy of the MSDS (Material Safety Data Sheets) for each type of pesticide used.

3.7. 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.

3.8. All herbicide mixing and applications shall be made in accordance with the pesticide manufacturer’s recommendations, and applicable Federal, State, and local regulations.

3.9. The Contracting Officer may request pesticide application inspections from State or local environmental officials to ensure public and environmental safety.

3.10. The contractor shall submit an application report each time pesticides are applied. The report shall contain, at a minimum, the information shown on example located in Exhibit 5.

3.11 An approved surfactant shall be utilized when applying herbicides. Surfactant shall be compatible with the type of herbicide being applied.

3.12 Contractor shall apply a chemically approved spray indicator to the herbicide to visually ensure application coverage.

3.13 For general use pesticides, the contractor shall complete the Tulsa District Pesticide

Management Training Requirement or possess a Certified Pesticide Applicator’s license respective to the State where the pesticide is being applied. Application of restricted pesticides is limited to State Certified Pesticide Applicators or those working under direct supervision of personnel certified in applying restricted-use pesticides in the specific state categories commensurate with the work to be performed. The contractor shall submit information on the proposed use of any restricted use pesticides prior to their use to the COR or Contracting Officer for approval. Completion of the Tulsa District Pesticide Management Training Requirement or State Certified Pesticide Applicator’s license shall be provided to the COR or Contracting Officer prior to application of pesticides. The contractor is required to provide the COR or Contracting Officer an after-application report within 10 business days of application including Herbicide trade name, EPA registration number, Target pest (e.g., Johnson Grass or All Vegetation), Location description, total estimated acres treated, and quantity of actual pesticide used (quantity of pesticide not the total volume of mix). Any herbicides applied below project flood pool (elevation 1507’) shall be labeled for aquatic use. Soil neutralizers will not be allowed for use in herbicide mixtures. Special care shall be taken when applying herbicides to not allow overspray outside the approved areas allowed for treatment.

4. Sustainability Compliance. The contractor furnished materials and supplies shall comply and meet the minimum standards for recycled products and the BioPreferred Program requirements set forth by the EPA and USDA. Information for EPA and USDA designated product categories can be found at:

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

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

MOWING MAPS

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996

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--Cost Vouchers MAY 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

Section H - Special Contract Requirements

WAGE RATES JEFFERSON CO.

"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.: 2015-5329 Daniel W. Simms Division of | Revision No.: 22 Director Wage Determinations| Date Of Last Revision: 07/18/2023

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

|If the contract is entered into on or |Executive Order 14026 generally applies to | |after January 30, 2022, or the |the contract. | |contract is renewed or extended (e.g., |The contractor must pay all covered workers | |an option is exercised) on or after |at least $16.20 per hour (or the applicable | |January 30, 2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | | |performing on the contract in 2023. | |If the contract was awarded on or |Executive Order 13658 generally applies to | |between January 1, 2015 and January 29,|the contract. | |2022, and the contract is not renewed |The contractor must pay all covered workers | |or extended on or after January 30, |at least $12.15 per hour (or the applicable | |2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | | |performing on the contract in 2023. |

The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the Executive Orders is available at www.dol.gov/whd/govcontracts.

State: Oklahoma

Area: Oklahoma Counties of Greer, Harmon, Jackson, Jefferson, Kiowa, Stephens, Tillman

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 14.51*** 01012 - Accounting Clerk II 16.29 01013 - Accounting Clerk III 18.22 01020 - Administrative Assistant 18.62 01035 - Court Reporter 17.89 01041 - Customer Service Representative I 13.50*** 01042 - Customer Service Representative II 14.73*** 01043 - Customer Service Representative III 16.54 01051 - Data Entry Operator I 13.80*** 01052 - Data Entry Operator II 15.06*** 01060 - Dispatcher, Motor Vehicle 20.64 01070 - Document Preparation Clerk 14.25*** 01090 - Duplicating Machine Operator 14.25*** 01111 - General Clerk I 13.73*** 01112 - General Clerk II 14.98*** 01113 - General Clerk III 16.81 01120 - Housing Referral Assistant 19.95

01141 - Messenger Courier 13.33*** 01191 - Order Clerk I 14.98*** 01192 - Order Clerk II 16.34 01261 - Personnel Assistant (Employment) I 16.00*** 01262 - Personnel Assistant (Employment) II 17.89 01263 - Personnel Assistant (Employment) III 19.95 01270 - Production Control Clerk 25.88 01290 - Rental Clerk 13.67*** 01300 - Scheduler, Maintenance 16.00*** 01311 - Secretary I 16.00*** 01312 - Secretary II 17.89 01313 - Secretary III 19.95 01320 - Service Order Dispatcher 18.46 01410 - Supply Technician 18.62 01420 - Survey Worker 15.04*** 01460 - Switchboard Operator/Receptionist 13.51*** 01531 - Travel Clerk I 12.32*** 01532 - Travel Clerk II 13.14*** 01533 - Travel Clerk III 15.11*** 01611 - Word Processor I 14.25*** 01612 - Word Processor II 16.00*** 01613 - Word Processor III 17.89 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 20.13 05010 - Automotive Electrician 19.47 05040 - Automotive Glass Installer 18.46 05070 - Automotive Worker 18.46 05110 - Mobile Equipment Servicer 16.47 05130 - Motor Equipment Metal Mechanic 20.45 05160 - Motor Equipment Metal…