W911SA-17-Q-0118-00001_Amendment_1.docx

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Fort McCoy Herbicide Application Service
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W911SA-17-Q-0118
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W911SA-17-Q-0118-00001 Amendment 1

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W911SA-17-Q-0118

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 09-Jun-2017 04:00 PM to 13-Jul-2017 04:00 PM.

SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The IDC type has changed from N/A to Indefinite Quantity.

The cost constraint NTE has been deleted.

CLIN 0002

CLIN 1001

CLIN 1002

CLIN 2001

CLIN 2002

CLIN 3001

CLIN 3002

CLIN 4001

CLIN 4002

The cost constraint NTE has been deleted.

DELIVERIES AND PERFORMANCE

The following Delivery Schedule item for CLIN 0001 has been changed from:

DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC

POP 01-JUL-2017 TO

31-MAR-2018

N/A
PR W0XY DIR PLANS TNG SEC

W0XY DIR PLANS TNG SEC

110 EAST HEADQUARTERS RD

FORT MCCOY WI

608-388-3423 FOB: Destination

W5CP3D

To:

DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC

POP 01-AUG-2017 TO

N/A
PR W0XY DIR PLANS TNG SEC

W0XY DIR PLANS TNG SEC

110 EAST HEADQUARTERS RD

FORT MCCOY WI

608-388-3423

W5CP3D

The following Delivery Schedule item for CLIN 0002 has been changed from:

DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC

POP 01-JUL-2017 TO

N/A
PR W0XY DIR PLANS TNG SEC

W0XY DIR PLANS TNG SEC

110 EAST HEADQUARTERS RD

FORT MCCOY WI

608-388-3423

W5CP3D

DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC

POP 01-AUG-2017 TO

N/A
PR W0XY DIR PLANS TNG SEC

W0XY DIR PLANS TNG SEC

110 EAST HEADQUARTERS RD

FORT MCCOY WI

608-388-3423

W5CP3D

The following Delivery Schedule item for CLIN 0003 has been changed from:

DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC

POP 01-JUL-2017 TO

N/A
PR W0XY DIR PLANS TNG SEC

W0XY DIR PLANS TNG SEC

110 EAST HEADQUARTERS RD

FORT MCCOY WI

608-388-3423

W5CP3D

DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC

POP 01-AUG-2017 TO

N/A
PR W0XY DIR PLANS TNG SEC

W0XY DIR PLANS TNG SEC

110 EAST HEADQUARTERS RD

FORT MCCOY WI

608-388-3423

W5CP3D

The following have been added by reference:

252.232-7009
Mandatory Payment by Governmentwide Commercial Purchase Card
DEC 2006

The following have been added by full text:

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of all quantities stated in the contract;

(2) Any order for a combination of items in excess of all quantities stated in the contract; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the final task order end date.

(End of clause)

52.232-37 MULTIPLE PAYMENT ARRANGEMENTS (MAY 1999)

This contract or agreement provides for payments to the Contractor through several alternative methods. The applicability of specific methods of payment and the designation of the payment office(s) are either stated--

(a) Elsewhere in this contract or agreement; or

(b) In individual orders placed under this contract or agreement.

(End of clause)

252.216-7006 ORDERING (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued prior to the expiration of the contract.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

(End of Clause)

The following have been modified:

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Herbicide Application Services, Fort McCoy, WI

PART 1

GENERAL INFORMATION

1. General: This is a non-personal services contract to provide woody and herbaceous plant species control service within the selected sites of Fort McCoy, WI. The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform herbicide application to control woody and herbaceous species as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: The Integrated Training Area Management (ITAM) program is a core component of the Sustainable Range Program (SRP) and is responsible for maintaining training land to help the Army meet its training requirements. A major goal of ITAM is to provide maneuver land capability to support installations’ training mission requirements, with objectives to ensure no net loss in the capability of military installation land to support the military mission of the installation and to improve existing training land capabilities by conducting land reconfiguration projects to support validated mission requirements. This project has two main purposes: assist Fort McCoy in controlling woody species trees and shrubs in selected locations to support military mission, ensure maneuverability, and address safety issues; and to assist Fort McCoy in controlling or inhibiting growth of unwanted herbaceous grasses/forbs.

1.3. Objectives:

1.3.1 Objective 1 - The focus for treatments are to minimize or eliminate re-sprouting or newly germinated woody shrubs and trees at sites previously timber cut and/or shred by heavy duty forestry mulchers/shredders. Treatments would be within 6 months to 2 years after the initial timber/shredding work is conducted. Plant densities vary from dense populations to scattered individual plants/stumps throughout the target locations. Target species are likely to include, but are not limited to, oak species, black cherry, hazelnut, maple, box elder, elm species, honeysuckle, etc.

1.3.2 Objective 2 – The focus for treatments will be to minimize or eliminate unwanted herbaceous grasses/forbs. Treatments would be conducted after areas have had soil disturbance from military training or management activities creating avenues for unwanted plants to proliferate. Plant densities vary from dense populations to scattered individual plants throughout target areas. Most will be moderate to low density populations. The main purpose would be to inhibit growth or kill unwanted species of plants, while limiting impacts to non-target species. Locations will be limited to areas of low density trees or areas void of trees; primarily open grassland/meadow areas. Target species are likely to include but are not limited to leafy spurge, spotted knapweed, St. John’s wort, wild parsnip, sweet clover, cow and crown vetch, smooth brome, Queen Anne ’s lace, or similar.

1.4. Scope:

1.4.1 Scope for Objective 1: The contractor shall provide services for herbicide application to control targeted woody species at selected locations within Fort McCoy training lands up to approximately 100 acres per year while minimizing negative affect to non-target plant and wildlife species and water resources. Techniques include, but are not limited to foliar herbicide treatment, basal bark treatments, or cut and spray herbicide treatments. The work may require repeat treatments to ensure at least 95% of target plant species have been treated and at least 90% of current year target plants are killed. Treatment sites will be dispersed throughout Fort McCoy training lands in 1 acre parcels or larger.

1.4.2 Scope for Objective 2: The contractor shall provide services for herbicide application to control unwanted herbaceous forbs/grass species at selected locations within Fort McCoy training lands up to approximately 200 acres per year (up to only 100 acres for the base year) while minimizing negative affects to non-target plant and wildlife species and water resources. Techniques for herbicide applications generally include spot treatments. Broadcast treatments will be minimized to locations of monocultures of unwanted plants or in cases where broadcast treatments will limit impacts to non-target species. The work may require repeat treatments to ensure at least 95% of target plant species have been treated and at least 90% of current year target plants are killed. Treatment sites will be dispersed throughout Fort McCoy training lands in 1 acre parcels or larger. In cases where individual unwanted species cannot be treated simultaneously due to differing prescriptions to achieve maximum treatment effectiveness, the contractor may have to apply herbicides at different times of the year/mobilize to Fort McCoy more than once in a growing season/contract year.

1.5. Period of Performance: The period of performance shall be for one Base Period and four option periods.

1.6. General Information:

1.6.1. Quality Control: Quality Control is the responsibility of the contractor. The contractor is responsible for the delivery of quality services to the Government (see FAR 52.246-1, Contractor Inspection Requirements). A formal Quality Control Plan (QCP) is not required for this commercial service. However, the contractor shall maintain an inspection system commensurate with commercial practices to ensure the Contractor only tenders for acceptance those items or services that conform to the requirements of this contract.

1.6.2. 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 a Government only document primarily focused on what the Government must do to assure that the contractor has performed in accordance with the requirements of the contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. Non-conforming services shall be re-performed at no increase in contract price. If non-conforming services are recurring, cannot be re-performed, or the services fail to achieve the Performance Requirements Summary (PRS), the Government may reject the nonconforming service(s) and document the contractor’s performance record accordingly. The Government may also issue a Contract Discrepancy Report (CDR) in which the contractor will be required to respond with the development of a corrective action plan (CAP) which identifies the root cause, corrective action (CA) for the root cause, CA for the specific nonconformance, and the date the CAs will be complete. The Government may also reduce the payment to the contractor IAW the PRS, or reduce payment to reflect the value of the services performed, or may perform the services and charge the Contractor for any related cost incurred and/or may terminate this contract for cause.

1.6.2.1. Non-conforming Supplies or Services: When a contractor’s performance does not meet contract requirements and/or approved work schedules and/or timeframes it is considered non-conformance. Non-conformance shall be classified in one of three categories: level I (Minor), level II (Major) or level III (Critical). The Government may re-inspect work designated for re-performance or late performance.

1.6.2.1.1. Level I (Minor) non-conformance: is defined as a non-conformance that is not likely to materially reduce the usability of the supplies or services for their intended purpose, or is a departure from established standards having little bearing on the effective use or operation of the supplies or services. Minor non-conformance usually can be corrected on the spot, where no further corrective action (CA) response is necessary, and can be issued by the COR to the contractor either through a verbal or written non-conformance report. Minor non-conforming services shall be re-performed within a specified time frame at no increase in contract price. If minor non-conformances are recurring or re-performance is not completed in full and within the specified time a Level II non-conformance may be issued to the contractor by the Contracting Officer (KO).

1.6.2.1.2. Level II (Major) non-conformance: is defined as a non-conformance, other than critical, that is likely to result in failure of the supplies or services, or to materially reduce the usability of the supplies or services for their intended purpose. Recurring Minor non-conformances, or a non-responsive contractor, indicating a trend or failure of the contractor’s quality control, can also be classified as a Major non-conformance. Major non-conformance’s shall result in the issuance of a written CDR from the KO to the contractor requiring the development of a CAP by the contractor which identifies the root cause, CA for the root cause, CA for the specific non-conformance and the date CAs will be completed.

1.6.2.1.3. Level III (Critical) non-conformance: is defined as a non-conformance that is likely to result in hazardous or unsafe conditions for individuals using, maintaining, or depending upon the supplies or services; is likely to prevent performance of a vital agency mission; is for a repeated or uncorrected level II CDRs; or is for a non-responsive contractor to a level II CDR. Critical non-conformances shall result in the issuance of a written CDR to the contractor requiring the development of a CAP by the contractor which identifies the root cause, CA for the root cause, CA for the specific non-conformance and the date CAs will be completed.

1.6.2.1.4. Inspection Results: The contractor will be notified of Government inspection results. The contractor shall acknowledge receipt of the inspection results. The contractor may be notified of inspection results verbally. Verbal notifications of defective work will be confirmed in writing. When Government inspectors are unable to contact the contractor to notify the contractor of inspection results, acceptance or rejection of work will be made on the basis of the initial inspection.

1.6.3. Federal Government Holidays: The contractor is not required to perform services on holidays.

New Years Day1st day of January
Martin Luther King Jr.'s Birthday3rd Monday of January
Presidents Day3rd Monday of February
Memorial DayLast Monday of May
Independence Day4th day of July
Labor Day1st Monday of September
Columbus Day2nd Monday of October
Veterans Day11th day of November
Thanksgiving Day4th Thursday of November
Christmas Day25th day of December

1.6.4. Hours of Operation: Work may be required outside of normal business hours to accomplish tasks to avoid conflicts with training/site access and Fort McCoy operations. This may include working weekends and/or evenings during periods of reduced activity. Herbicide treatments are weather dependent therefore the work must be conducted when weather conditions accommodate work. Herbicide treatments are not recommended during periods of early morning heavy dew. If precipitation is forecast for a given day, work will not be conducted without the COR approval. Work will not be performed on Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the reasons. 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.

1.6.5. Place of Performance: The work to be performed under this contract will be performed at various locations around the Fort McCoy Training Area. For Objective 1, sites may be open fields with the majority of trees/shrubs previously removed to sites where mature and mid-story trees are still present but in low to moderate densities. For Objective 2, sites will be primarily open grassland/meadow areas with no trees or low density trees/forest edges.

1.6.6. Type of Contract: The government will award a Firm Fixed Price Indefinite Quantity Indefinite Delivery (IDIQ) contract.

1.6.7. Antiterrorism (AT) and Operations Security (OPSEC)

1.6.7.1. Access and General Protection/Security Policy and Procedures: Contractor and all associated sub-contractors’ employees shall comply with applicable installation, facility, and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshall Office, Director of Emergency Services, or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.6.7.1.1. Identification of Contractor Employees: The Contractor (to include subcontractors) shall provide each employee an Identification (ID) Badge, which includes at a minimum, the Company Name, Employee Name and a color photo of the employee. ID Badges for Key Personnel shall also indicate their job title. ID Badges shall be worn at all times during which the employee is performing work under this contract. Each Contractor (to include subcontractors) employees shall wear the ID Badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. The Contractor (to include subcontractors) shall be responsible for collection of ID Badges upon completion of the contract or termination of employee. A listing of issued identification cards shall be furnished to the Contracting Officer Representative (COR) prior to the contract performance date and up dated as needed to reflect Contractor and Subcontractor personnel changes. All contract personnel attending meetings, answering Government telephones, 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.

1.6.7.1.2. Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.7.1.3. RAPIDGate Program: Fort McCoy is offering an Installation Access Control Solution called the RAPIDGate Program. This program is available, with installation approval, to new and existing vendors, contractors, subcontractors and service providers who require routine access to Fort McCoy and desire streamlined entry into the Installation. This program is available at a registration cost to the company, with an additional fee per employee. Through two integrated processes - Access Privilege Management and Enrollment/Registration - the RAPIDGate Program enables electronic verification of identity and access privileges at Fort McCoy's access control points (ACPs). Companies choosing to participate in the RAPIDGate Program will have streamlined access onto the installation. Participants will have access through all gates that size permits (Main Gate and Gate 20) and will be subject to RANDOM vehicle inspections. At the Main Gate RAPIDGate participants will be able to use either lane, enabling fast access onto the installation through that gate. Non-RAPIDGate participants and companies that choose not to participate in the RAPIDGate Program will be required to access the installation through Gate 20, whereby a Temporary day pass will be issued for each person. Contracts with a duration of 30 days or less will be required to apply for a pass under an exception to policy. The maximum pass period AS an exception to policy is 30 days with approval by the DES Physical Security Branch. To apply for a 30 day pass, the company is required to provide Physical Security a copy of the contract award, along with identification. Companies that service Fort McCoy may enroll in the RAPIDGate Program by calling 1-877-RAPIDGate (1-877-727-4342). The Program will confirm with the installation Physical Security Branch that the company has legitimate business on the installation. Once the company has enrolled, its employees can register at the self-service KIOSK Registration Stations located at the Fort McCoy Visitor Control Center (VCC) in building 35. The RAPIDGate Program confirms the individual's employment status with the company, and then performs identity authentication and background screening. Employees who qualify are issued a personalized RAPIDGate ID Credential Badge. The Program performs background screening on a regular basis to verify continued eligibility in the Program. Questions about the Fort McCoy RAPIDGate Program should be addressed to info@rapidgate.com with the subject line RE: RAPIDGate Program, or to the Physical Security Branch, Directorate of Emergency Services at 608-388-8445 or mark.a.reaves.civ@mail.mil.

1.6.7.1.4. Security Requirements: Reserved

1.6.7.1.5. Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

1.6.7.1.5.1. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.6.7.1.5.2. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.6.7.1.6. Lock Combinations: Reserved

1.6.7.1.7. Special Qualifications: The contractor and all personnel applying herbicide applications shall be certified to apply herbicides in the State of Wisconsin. Certification shall be sent to the COR prior to application.

1.6.8. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5, Post Award Orientation. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the Contracting Officer 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. These meetings shall be at no additional cost to the Government.

1.6.9. Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects 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; perform 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, and specifications; monitor Contractor's performance and notify both the Contracting Officer 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.

1.6.10. Key Personnel: The follow personnel are considered key personnel by the government: Project Manager (PM)/Alternate Project Manager (APM). The contractor shall provide a PM who shall be responsible for the performance of the work. The name of this person and an alternate shall be designated in writing within five calendar days after contract award to the COR. The PM or APM shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The PM or APM shall be available between 8:00 a.m. to 4:30p.m., Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. The PM or APM shall return all Government calls within 24 hours, during regular duty hours.

1.6.11. Supervision of Contractor Employees: The Government will not exercise any supervision or control over Contractor or subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor employees.

1.6.12. Contractor Travel (If applicable): Reserved

1.6.13. Other Direct Costs (If applicable): Reserved

1.6.14. Data Rights (If applicable): Reserved

1.6.15. Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.16. Phase in/Phase out Period (If applicable): Reserved

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACT ADMINISTRATOR. The official Government representative delegated authority by the Contracting Officer to administer a contract. This individual is normally a member of the appropriate Contracting/Procurement career field and advises on all technical contractual matters.

2.1.2. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or services to the government. The term used in this contract refers to the prime.

2.1.3. 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.

2.1.4. 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.

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

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

2.1.7. GOVERNMENT-FURNISHED PROPERTY (GFP) OR GOVERNMENT PROPERTY (GP). Property in the possession of, or directly acquired by, the Government and subsequently made available to the Contractor.

2.1.8. 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.

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

2.1.10. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are acceptable in accordance with established standards and requirements of this contract.

2.1.11. QUALITY ASSURANCE SPECIALIST. An official Government representative concerned with matters pertaining to the contract administration process and quality assurance/quality control. Acts as technical advisor to the Contracting Officer in these areas.

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

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

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

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

2.1.16. WORK WEEK. Monday through Friday, except for Federal holidays unless specified otherwise.

2.2. ACRONYMS:

ACORAlternate Contracting Officer's Representative
AFARSArmy Federal Acquisition Regulation Supplement
ARArmy Regulation
APMAlternate Project Manager
CFRCode of Federal Regulations
CMRContract Manpower Reporting
CONUSContinental United States (excludes Alaska and Hawaii)
CORContracting Officer Representative
COTRContracting Officer's Technical Representative
COTSCommercial-Off-the-Shelf
DADepartment of the Army
DD250Department of Defense Form 250 (Receiving Report)
DD254Department of Defense Contract Security Requirement List
DFARSDefense Federal Acquisition Regulation Supplement
DMDCDefense Manpower Data Center
DODDepartment of Defense
FARFederal Acquisition Regulation
HIPAAHealth Insurance Portability and Accountability Act of 1996
KOContracting Officer
NLTNo later than
OCIOrganizational Conflict of Interest
OCONUSOutside Continental United States (includes Alaska and Hawaii)
ODCOther Direct Costs
PIPOPhase In/Phase Out
PMProject Manager
POCPoint of Contact
PRSPerformance Requirements Summary
PWSPerformance Work Statement
QAQuality Assurance
QAPQuality Assurance Program
QASPQuality Assurance Surveillance Plan
QCQuality Control
QCPQuality Control Program
TETechnical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: Reserved.

3.2. Facilities: The Government will provide reasonable access to all training areas with proper prior coordination.

3.3. Utilities: Fort McCoy will provide access to water required for mixing of herbicides and designate appropriate locations for mixing. The water may be obtained from the fire hydrant or fill point location provided by the COR. The Contractor shall furnish all equipment and tools necessary for obtaining water from the fire hydrant. The Contractor shall use anti-siphon and backflow prevention devices on all temporary water connections. The Contractor shall not cause water to be wasted or left running when not in use. Leaks will be repaired immediately. Freeze protection shall be provided by the Contractor whenever temperatures are near or below freezing. All water used will be furnished by the Government at no cost to the Contractor. The Contractor will not be required to keep track of the amount of water used. The Contractor (to include subcontractors) shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish the mixing of herbicides.

3.4. Equipment: Reserved.

3.5. Materials: Reserved.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1. General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2. Secret Facility Clearance: Reserved

4.3. Materials: The contractor will furnish all, herbicides, and additives to meet the requirements of this contract.

4.4. Equipment: The contractor will furnish all personal protection gear, equipment, vehicles to meet the requirements of this contract. The Contractor shall carry a Fort McCoy Emergency Spill Information Card (to be provided by the COR prior to performance) and an emergency spill kit at all times during herbicide transport, mixing, or applications.

4.5. Documents/Reports: The contractor will provide: a copy of the State of Wisconsin commercial for hire herbicide applicator licenses for any personnel mixing or applying herbicide on Fort McCoy to the COR prior to any mixing or applications; a herbicide application report for any herbicides applied/used on Fort McCoy per paragraph 5.5.; written treatment strategies per paragraph 5.3.; a written list and contact information for the PM and APM; and provide a completed Fort McCoy Form 354-R-E if/when spills/accidents occur on Fort McCoy while conducting work per paragraph 5.2.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services:

5.1.1 Objective 1: The contractor shall provide services for Herbicide Application to approximately 100 acres per year to control targeted woody species at selected locations within Fort McCoy training lands IAW Publications (See Part 6). Treatments are to focus on the stumps/previously shred woody species or newly germinated woody species, and NOT the mature/mid-story trees. Terrain is off-road level to rolling terrain. Some woody debris and scattered stumps may still exist throughout the sites, but sites generally would be accessible by 4X4 vehicles, all-terrain vehicles (ATVs) or utility vehicles (UTVs). Techniques include, but are not limited to foliar herbicide treatment, basal bark treatments, or cut and spray herbicide treatments. The work may require repeat treatments to ensure at least 95% of target plant species have been treated within treatment areas and at least 90% of current year target plants are killed.

5.1.2 Objective 2: The contractor shall provide services for herbicide application to control unwanted herbaceous forbs/grass species at selected locations within Fort McCoy training lands IAW Publications (See Part 6). Up to approximately 200 acres per year (up to only 100 acres for the base year) will require treatments while minimizing negative affects to non-target plant and wildlife species and water resources. Techniques for herbicide applications generally include spot treatments. Broadcast treatments will be minimized to locations of monocultures of unwanted plants or in cases where broadcast treatments will limit impacts to non-target species. Terrain is off-road level to rolling terrain in generally open areas void of trees or with low density of trees or shrubs. Sites will generally be accessible by 4X4 vehicles, all-terrain vehicles (ATVs) or utility vehicles (UTVs). The work may require repeat treatments to ensure at least 95% of target plant species have been treated within treatment areas and at least 90% of current year target plants are killed. Treatment sites will be dispersed throughout Fort McCoy training lands in 1 acre parcels or larger. In cases where individual unwanted species cannot be treated simultaneously due to differing prescriptions to achieve maximum treatment effectiveness, the contractor may have to apply herbicides at different times of the year/mobilize to Fort McCoy more than once in a growing season/contract year.

5.2. Accidents/Spills: Oil, fuel, herbicide or other spills shall be immediately reported to the Fort McCoy Fire Desk. Follow on reporting will be to the COR and the appropriate first responder as listed on the Emergency Spill Card. The contractor will stay on site until a first responder arrives on scene or unless otherwise directed by the Fire Desk. The contractor will be required to submit an accident report (Fort McCoy Form 354-R-E) for any spills and submit the report to the Fire Desk within 24 hours after the spill occurs.

5.2.1. The contractor shall be responsible for all costs associated with the cleanup of spill standards set by Fort McCoy and Federal Regulations.

5.3. Treatment Strategies: A written treatment strategy to maximize mortality rates of target species and to minimize impacts to other resources shall be submitted to the COR for review within 14 days of request for treatment of a new location(s). The COR will review the treatment strategy to ensure: herbicides are approved for use; treatments methods limit impacts to non-target species; methods do not conflict with Fort McCoy environmental policies; maximizes impacts to target species; treatment dates to not conflict with known training or management activities for treatment sites; and reasoning for methods are reasonable and efficient. After reviewing the proposal the COR will provide any concerns or issues related to the proposal, request alternatives as needed, and in cooperation with the contractor determine the best method to meet the PWS intent. The COR will approve the strategy at least 14 days prior to herbicide treatment of new locations. The contractor may not begin herbicide applications until the COR provides approval of the treatment strategies. All herbicides to be used on Fort McCoy must be on the Fort McCoy Pesticide Use Plan (PUP) list. All personnel mixing or applying herbicides on Fort McCoy must be certified as commercial for hire herbicide applicators by the Wisconsin Department of Agriculture, Trade, and Consumer Protection (WDATCP) in the appropriate categories. Businesses that apply pesticides must also be licensed by the WDATCP.

5.4. Coordination: The Contractor must contact the COR at least thirty (30) calendar days, seven (7) working days and one (1) day prior to start of work to coordinate for access to treatment sites and minimize conflicts with training, unless otherwise waived in writing by the COR due to short suspense’s for application requirements as dictated by COR needs. The contractor will be required to notify the Fort McCoy Fire Desk via telephone when they enter Fort McCoy training areas and when they leave to ensure training conflicts are minimized and safety issues can be limited. Telephone number is 608-388-4848, dial 1 from the menu of options.

5.4.1. Rescheduling: The COR will attempt to notify the contractor NLT 24 hours prior to scheduled application if rescheduling is needed. Emergencies involving treatment areas may occur where a 24 hour notice is not possible. The COR will make every effort to give a 24 hour notice when possible.

5.5. Monthly Application Report: The contractor shall provide the COR with an herbicide application report NLT the 5th of the following month for the previous month’s applications. The report shall include, but not limited to: herbicide name, herbicide EPA registration number, active ingredient, who applied the herbicide, any solution additives, dates applied, locations applied, and quantity of ingredient(s) applied.

5.6. Markings: The Contractor shall mark application sites with signs per herbicide label requirements and place flags at reasonable visual distances around the site in order to prevent entry into the treated areas before re-entry is possible.

5.6.1. The contractor shall remove all signs or flagging after required timeframe of re-entry is authorized based on the chemical label.

5.7. CONTRACTOR MANAGEMENT REPORTING (CMR): The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for Herbicide Application via secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on "Department of the Army CMRA" or the icon of the DoD organization that is receiving or benefitting from the contracted services.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2014. Contractors may direct questions to the help desk by clicking on "Send an email" which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component's CMR website.

The required data fields include: (1) Contracting Office, Contracting Officer, or also known as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. The specific formats for the XML direct transfer may be downloaded from the website. Copies of the CMR will be provided to the COR.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor (to include subcontractors) must abide by all regulations, publications, manuals and local policies and procedures. The following is not an all-inclusive list:

a. Endangered Species Act (ESA)
b. Clean Water Act (CWA)
c. Army Regulation (AR) 200-1
d. 16 USC 670a and 670b et seq.
e. 7 U.S.C. 2801 et seq.
f. DOD Directive 4715.1E (Environment, Safety, and Occupational Health)
g. Fort McCoy Wellhead Protection Plan (FMC 420-30)
h. Integrated Pest Management Plan FM 200-3
i. Fort McCoy Pesticide Use Proposal

j. The herbicide label and Material Data Safety Sheet instructions for any products utilized.

Deliverables This lists any reports or documentation that is required as a deliverable to include the frequency, number of copies, medium/format and who/where it is to be submitted. A deliverable is anything that can be physically delivered but may include non-physical things such as meeting minutes.

PWS Paragraph #
Title
Medium/Format
Required Date
Frequency
Distribution

(Submit to)

1. PWS Para 1.6.7.1.1
Identification of Contractor Employees
Report listing of Identification Cards
Prior to Contract performance date
As personnel change
COR
2. PWS Para 1.6.7.1.7.
WDATCP Business and Personnel Applicator Licenses/ Certification
Copy of WDATCP Certifications/ Licenses
Prior to mixing/application
As personnel change
COR
3. PWS Para 1.6.10.
Key Personnel

(PM & APM)

Written/Form
5 days after contract award
As personnel change
COR
4. PWS Para 5.2.
Accident/Spill Report
Report Fort McCoy Form 354-R-E, Incident Accident Report
Within 24 hours after accident/spill
After each accident/spill
Fire Desk/COR
5. PWS Para 5.3.
Treatment Strategies
Written/Form
within 14 days of request for treatment of a new location(s)
Prior to each herbicide application
COR
6. PWS Para 5.4
Coordination
Phone Call/Email
At minimum thirty (30) calendar days, seven (7) working days and one (1) day (24 hours) prior to start of work
Prior to each herbicide application by time standard noted in the required date column.
COR
7. PWS Para 5.5.
Monthly Application Report
Report
NLT the 5th of the following month for the previous month’s applications

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