W91237-17-T-0097.pdf

SEE ADDENDUM

(No Collect Calls)

W9123717T0097 15-Jun-2017

b. TELEPHONE NUMBER

304-399-6936

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 22 Jun 2017

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.

W912379. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

PATRINA G SINGLETON

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

SEE SCHEDULE

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 ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE, CONTRACTING BRANCH

PATRINA SINGLETON, 502 8TH STREET

HUNTINGTON WV 25701

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

304-399-5281FAX:

TEL: 304-399-6936 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$7,500,000

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 OF84

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO OFFERORS

PLEASE DIRECT ALL QUESTIONS TO PATRINA SINGLETON AT (304) 399-6936

OR patrina.g.singleton@usace.army. THE SOLICITATION AND RESULTING

CONTRACT SHALL BE THE GOVERNING DOCUMENT IN ALL CASES.

QUOTES CAN BE FAXED OR E-MAILED TO PATRINA SINGLETON AT (304)399-

5281 or patrina.g.singleton@usace.army.mil.

Simplified acqusition procdures for commercial services are being used in accordance with FAR Part 13.500(c)(2). The resultant contract will therefore be a purchase order.

Contractors must be registered in the System for Awards Management at www.SAM.gov (formerly the Central Contractor Registration (CCR) database and the On-Line Representations and Certifications (ORCA).

Provide DUNS number: ___________________________ (telephone 800-333-0505 for DUNS)

Provide TAX ID: __________________________

Per FAR Clause 52.212-3 Alt I, the Contractor is required to complete the On-line Representations and Certifications Application (www.SAM.gov) and paragraph (b) if applicable, OR to complete paragraphs (c) thru (m) of this clause and return with quote.

CONTRACTOR FEEDBACK. Help us in BUILDING STRONG. Please provide us with your feedback, comments and recommendations for improvement by visiting our Interactive Customer Evaluation (ICE) Website at:

https://ice.disa.mil/index.cfm?fa=card&sp=127368&s=856&dep=*DoD&sc=14

NOTE: SUBJECT TO THE PROVISIONS HEREIN, AWARD WILL BE MADE AS A

WHOLE TO THE LOWEST PRICED RESPONSIBLE AND RESPONSIVE OFFEROR.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT FOR HERBICIDE SPRAYING

GENERAL:

This performance work statement is for the application of herbicide at the following U.S. Army Corps of Engineers (USACE) Locks & Dam Projects. Please reference Exhibit A for project maps, with the spraying areas delineated. Note that all areas are approximate, and site visits are strongly encouraged. The project offices are located at the following locations:

Winfield Locks & Dam Robert C. Byrd Locks & Dam Belleville Locks & Dam

SCOPE:

A-1 The herbicide application USACE proposes to have applied at the aforementioned Locks & Dams for the duration of this Contract is 2 gallons of Accord Concentrate (glyphosate 53.8%) mixed with 7 pounds of Sahara DG (Imazapyr 7.78%, Diuron 62.22%) with a nonionic surfactant per 100 gallons of water, provided a minimum 25 foot buffer zone from all surface water is maintained. Within this 25 foot buffer zone, the approved mix is 2 gallons of Accord Concentrate (glyphosate 53.8%) mixed with 6 pints of Habitat* (Imazapyr 28.7%), with a nonionic surfactant at 0.50% per 100 gallons of water. *Note: Habitat is indicated under the specimen label for use at USACE projects. No substitution of other forms or brand names of Imazapyr to meet the 28.7% may be made without strict consent.

The contractor will incorporate HI-LIGHT by Becker-Underwood or other colorant equivalent as approved by the Lockmaster for their area as a temporary colorant that will leave a clear indication of treated areas. All colorant treated herbicide solution will be applied in a uniform and accurate manner according to the manufacturer’s instructions and the laws of the State of Ohio and State of West Virginia (where applicable).

A-2. Mixing shall take place off of U.S. Government property or in those areas on U.S.

Government property specifically directed by the Lockmaster. Rinsing of contractor’s equipment shall not be permitted on U.S. Government property. Transport of the pesticide or pesticide mix shall be done in a manner to reduce the probability of spills. All chemicals are to be mixed, handled, applied, and disposed of in accordance with all manufacturer’s instructions and applicable State and Federal laws by a contractor possessing a valid Public Operators License for General Industrial Vegetation Application issued by the State of Ohio, and a Commercially Certified Pesticide Applicators license issued by the State of West Virginia.

Proof of this license must be in possession of the contractor and the applicator at all times while on the project and presented, upon request, to any employee, agent, or representative of the Corps of Engineers, the State of Ohio, the State of West Virginia, or other agencies having jurisdiction in these matters.

A-3. All spraying must be performed in accordance with specimen label directions and federal and state laws. The amount of spray per acre should be just sufficient to achieve a total kill (spray-to-wet), but not excessive to the point of runoff. Any missed areas shall be re-sprayed.

A photocopy of the valid applicator’s license in the State (Ohio or West Virginia) in which the work occurs, and proof of insurance shall be provided to each Lockmaster. Mixing shall take place off of U.S. Government property or in those areas on U.S. Government property specifically directed by the Lockmaster. Rinsing of contractor’s equipment shall not be permitted on U.S. Government property. Transport of the pesticide or pesticide mix shall be done in a manner to reduce the probability of spills. The contractor shall apply product only during periods when there is very little to no hazard from spray drift, and during periods when there are minimal chances for chemical to be washed into surface waters.

A-4. Contractor is to guarantee total eradication of vegetation within 30 days of treatment unless drought conditions exist that limits the uptake of herbicides. Any growth that continues after treatment will be re-treated in accordance with product labels for re-treatment, and in accordance with the contract performance work statement, at no additional expense to the Government. Any missed areas shall be re-sprayed.

A-5 The contractor will be responsible for traffic control of vehicles on public roadways adjacent to treatment areas with the use of warning devices and flagger as needed. Flaggers must have high visibility safety vests and other appropriate equipment for traffic control. Since some of the spraying will be along rail road beds, the contractor shall be required to contact the rail road for permission to be on or adjacent to the rail road tracks. All treatment areas within or adjacent to public recreation sites will be posted appropriately for a minimum of 48 hours during and following treatment to notify users of the presence of the herbicides. Spraying will not take place on weekends unless approved by the Lockmaster of the Project where the project is located.

A-6. A site inspection by the contractor prior to the submission of a quote is strongly recommended. All acreage amounts provided in Exhibit A are estimated and contractors should inspect the site for specific areas, and special conditions. Appointments for site inspections should be made with the Lockmaster for the Project. Phone numbers for the Lockmaster can be found on the attached specification sheets.

A-7. Herbicide application will be accomplished during the active growing season in the green late summer. Contractor shall be responsible for determination of the proper time frame, within the active growing season, for maximum effectiveness of the application. The Contractor shall contact the Lockmaster at each respective site, at least 48 hours before this time frame, to coordinate usage of the Government furnished property and services and ensure site availability (height of water on stone slopes, etc).

The Government anticipates that the actual duration of the spraying will be approximately five days.

A-8. Payments: The contractor shall submit an invoice for 75% of the total amount of each job upon completion of the initial treatment (treatment No. 1) and an invoice for 25% of the total amount of each job upon completion of any required re-spraying (treatment No. 2) provided that satisfactory results are achieved.

A-9. At the option of the Government this contract may be renewed for four (4) additional one year periods from 01 Jan 2018 thru 31 Dec 2021. Dates for treatments to begin shall be decided during the option years at the discretion of the Lockmaster. Type and concentration of Herbicide may change at the discretion of the Government.

The Corps of Engineers has environmental protection as its priority interest, working within consideration of available Government resources.

SITES TO BE TREATED SITE ACRES

Winfield Locks & Dam 30 acres of stone slope protection

1.5 acres of road berm 5,500 feet of fence line

Robert C. Byrd Locks & Dam 36 acres of stone slope protection

1.5 acres of road berm 35,300 feet of fence line, ditch line, etc.

Belleville Locks & Dam 10.6 acres of total treatment area

NOTE: Site Visit: Site visits are highly recommended so that accurate estimates of application areas can be determined by potential contractors. Also, once on site the contractor will contact the project office and a representative will point out the areas to be sprayed. Square foot and acreage estimates are approximations of total areas where treatment will occur and are NOT representative of the total amount of spraying that may occur.

Contractors are encouraged to make a site visit by contacting the Lockmaster at each project and area as follows:

Chris Gress, Lockmaster U.S. Army Corps of Engineers Winfield Locks & Dam RR 2, Box 530 Red House, WV 25168

PH: 304-586-2501

Bill Theiss, Lockmaster U.S. Army Corps of Engineers Robert C. Byrd Locks & Dam 1300 Robert C. Byrd Drive Gallipolis Ferry, WV 25515 Phone: (304) 576 - 2272

Buckner Douglas, Lockmaster U.S. Army Corps of Engineers Belleville Locks & Dam 54485 Township Road 1027

Reedsville, OH 45772

PH: 740-378-6102

A-10 Government Furnished Services. If required, the Government will provide, without cost to the Contractor, the use of the project work boat and barge, (if available), with operators, to spray riprap along the designated Ohio River shoreline(s) and island at Robert C. Byrd Locks & Dam. The floating plant can be used to transport the Contractor’s equipment and personnel to areas that are to be sprayed but cannot be reached by land. The floating plant will be made available during the periods specified in paragraph A-7 above.

A-11 Hours of Operation

Working Hours: 0730-1600 hours Monday through Friday. Work may continue outside these times with permission from the onsite government representative. All work shall be performed during daylight hours. Delay of work may occur during excessive rainfall or wet periods due to access to the site.

Federal Holidays: When one of the designated holidays falls on a Sunday the following Monday is observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday. Work that interferes with other ongoing functions at the project shall be scheduled around normal working hours to be approved by Project Maintenance Mechanic. Work shall be scheduled around the below listed Federal holidays unless approved in advance.

Ten Federal holidays observed are as follows:

New Years Day (January 1st) Martin Luther King Day (3rd Monday in January) President’s Day (3rd Monday in February) Memorial Day (Last Monday in May) Independence Day (July 4th) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 1th) Thanksgiving Day (4th Thursday in November) Christmas Day (December 25th)

A.12 Contractor and Government Equipment and Supplies Except for those items or services specifically stated to be government furnished in paragraph A-10, the contractor shall furnish all personnel, equipment, transportation, disposal, supplies and materials required to perform the work.

A-13 CONTRACTOR SAFETY REQUIREMENTS

A. General. Contractor shall comply with all Federal, State and Local safety requirements including those specified by the Occupational Safety and Health Act (OSHA) in 29 CRF 1910 General Industry Standard, 1926

Construction Standard and the U.S. Army Corps of Engineers Safety & Health Requirements Manual EM 385-1-1 as currently revised at date of solicitation. Where a conflict exists between safety standards/requirements the contractor shall comply with the more stringent requirement. If the Contractor fails or refuses to promptly comply with safety requirements as specified herein, any project employee may stop all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such work stoppage shall be made subject to any claims for extension of time or for excess costs or damages sustained by the Contractor. Also, the Contractor will not be paid for work not performed as a result of the stop order.

B. Contractor Abbreviated Accident Prevention Plan (AAPP). The Contractor shall prepare a site-specific Abbreviated Accident Prevention Plan as outlined in EM 385-1-1, Appendix A beginning with subparagraph 3.k on page A-10. Contractor must address each element/sub-element in the order they appear in the outline. Any element the contractor feels is not applicable to work under this contract must be listed and a brief explanation provided. Plan must be accepted by the Contracting Officer prior to commencement of any work.

Contractors are encouraged to contact the USACE Safety & Occupational Health Office for questions or information regarding the development of contract Accident Prevention Plans. Office hours are Monday-Friday 8:30 a.m. - 4 p.m. at (304)399-5039/5032/5326.

The web address for EM 385-1-1 is:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

C. Contractor Risk Management Process. Contractor may use Job Safety analyses (JSAs), Job Hazard Analyses (JHAs) or Activity Hazard Analysis (AHA) for the purpose of risk assessment. Before beginning each work activity Contractor performing that work activity shall prepare an initial assessment (AHA/JSA/JHA) listing each job step, anticipated hazards, site conditions, equipment, materials, personnel and control measures to be implemented. A Risk Assessment Code (RAC) shall be assigned to each step assessing the level of risk remaining after implementation of controls. Once this process is complete a RAC will be assigned to the activity as a whole (cannot be lower than the highest step RAC). Residual risk must be communicated to the proper authority for acceptance in order to proceed. It is the Contractor's responsibility to prepare the AHA/JSA/JHA. Analysis with RAC shall be accepted by the GDA and discussed with al engaged in the activity including Contractor, subcontractor(s), and on-site government representative prior to commencement of work. Names of Competent Person(s) and Qualified Person(s) required for a particular activity (e.g., excavation, scaffolding, fall protection, or other activities specified by OSHA and/or EM 385-1-1) shall be identified and included in the AHA/JSA/JHA and proof of their competency/qualification.

NOTES:

Work crews of two or more must have two people holding current qualifications in First Aid and CPR from the American Red Cross, American Heart Association or a licensed physician. Training must include a hands-on element and the contractor must maintain appropriate First Aid kit on site. Single individuals working alone must have current certification in First Aid as a minimum.

Contractor shall employee a minimum of one Competent Person at each worksite to function as the Site Safety and Health Officer (SSHO). The SSHO as a minimum must have completed the 30-hour OSHA Construction or General Industry Safety class or it’s equivalent as specified in EM 385-1-1 Section 01.A.17.b and have a minimum of 5 years safety experience relative to the work being completed. The SSHO must be on-site at all times work is being performed. (Note: SSHO qualification requirements may be waived at the discretion of the USACE District Safety & Occupational Health Office for extremely low risk operations.)

Crane operators, riggers and signal persons shall be trained, licensed and meet the physical and drug testing requirements specified in EM 385-1-1 Section 16.

All electrical work must be completed by a Qualified Person with verifiable credentials as specified in EM 385-1-1, Section 11.A.01.c. Electrical work will require contractor to submit a Control of Hazardous Energy Plan (LOTO) in accordance with EM 385-1-1, Section 12.

D. Accident/Mishap Reporting: The Contractor shall report all recordable mishaps to the GDA within 24-hours in accordance with EM 385-1-1 Section 01.D. Accidents shall be investigated to determine causal factors and corrective actions shall be implemented. Accidents resulting in: days away injuries, days away illnesses, restricted/transfer injuries, property damage of $5,000.00 or more shall be investigated and reported to the GDA using the USACE Accident Investigation Report Form ENG 3394 within 24 hours of the occurrence.

(1) Immediate notification to the GDA is required for all serious accidents:

a. Fatal Injury/illness;

b. Permanent totally disabling injury/illness;

c. Permanent partial disabling injury/illness;

d. One (1) or more persons hospitalized as inpatients as a result of a single occurrence;

e. $500,000 or greater accidental property damage;

f. Three (3) or more individuals become ill or have a medical condition suspected to be related to a site condition, or a hazardous or toxic agent on the site;

g. USACE aircraft destroyed or missing;

The Contractor shall maintain an OSHA Log of Work Related Injuries and Illnesses, OSHA Form 300 and comply with all accident reporting and recordkeeping requirements specified in 29 CFR 1904.39.

(2) In addition to the above, any mishap occurring in any of the following high hazard areas shall be reported immediately to the GDA, investigated and corrective actions implemented.

a. Electrical (includes Arc Flash, electrical shock, etc.);

b. Uncontrolled Release of Hazardous Energy (includes electrical and non-electrical);

c. Load Handling Equipment (LHE) or Rigging;

d. Fall-from-Height (any level or other than same surface);

e. Underwater Diving

A-14 SECURITY REQUIREMENTS

All Contractors and subcontractor employee(s) working on this contract who require access in and/or around any Huntington District facilities shall receive authorization to be on site at these facilities based upon a favorable background investigation in accordance with “Homeland Security Presidential Directive 12: Policy for a Common Identification Standard for Federal Employees and Contractors” (HSPD 12). The Huntington District Security Management Office shall submit contractor(s) personal information in order to complete the basic background investigation in order to make a recommendation to the Contracting Office of an employee’s suitability for work on Government property. The Procuring Contracting Officer (PCO) has the right to deny any contractor or subcontractor employee from working on the contract based upon the results provided by the Huntington District Security Management Office of the background investigation. The Government, Contractor, and subcontractors shall not permit any employee(s) access to drawings, blueprints, records, photos, sites, or projects until the Huntington District Security Management Office has completed an Operations Security (OPSEC) review of such items and determined they can be released.

Contractors shall submit a complete investigation packet for each contractor and subcontractor employee to the Huntington District Security Management office within 10 working days after award of any contract, or prior to the individual being permitted unescorted access in or on District facilities. The Contractor must also provide the following: (1) Name of the Contract Specialist with whom he/she is working, (2) Project Name, (3) Contract Number and (4) Task Order Number when applicable.

The documents listed below are required:

SF 85, Questionnaire for Non-Sensitive Positions (see http://www.opm.gov/forms/ to print form). FD 258, Contractor Fingerprint Card (one card for digital prints, two for ink prints) (NOTE: a trained/qualified individual must take prints, ORI block on the FD 258 must be USOPM000Z) (Contractor Fingerprint Cards (FD-258) may be obtained by Contracting Division by contacting the Huntington District Security Management office).

Contractor shall report any changes in personnel or at any time conditions change at least 5 working days prior to individual(s) need to have access to the site. The Contractor shall provide the same information as listed above for all new employees.

Following submission of paperwork, the Security Management Office will conduct an initial criminal check based upon the information provided. If there are no issues, Security Management Office will make recommendations to the PCO or their Designated Representative.

The Security Management Office cannot give approval due to unfavorable report(s). The Security Management Office shall coordinate with Office of Counsel and will jointly make recommendations to the PCO and/or the Designated Representative should a background investigation come back with derogatory information. The PCO will make the determination whether to allow the Contractor personnel to work on the site based on Security and Office of Counsel recommendations, and the PCO will advise Contractor of the decision.

FOREIGN NATIONALS

The Contractor shall provide the package listed above, as well as additional materials noted below for all Foreign Nationals. The Contractor is to expect additional time in the approval process for all Foreign Nationals due to the level of review and elevation of the review to Headquarters Staff to accomplish. All Foreign Nationals must comply with the following paragraph:

In accordance with Engineering Regulation 380-1-18, “Technology Transfer, Disclosure of Information and Contacts with Foreign Representatives” dated 1 August 1996, Section 4, all foreign nationals who work on Corps of Engineers’ contracts shall be approved by the Headquarters US Army Corps of Engineers (HQ USACE) Foreign Disclosure Officer before beginning work on this contract; this regulation includes subcontractor employees. The Contractor shall submit to the Security Management Office, the names of all foreign nationals proposed for performance under this contract, along with documentation to verify legal admittance into the United States. Such documentation shall include at least one of the following a U.S. passport, Certificate of U.S. Citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), Alien Registration Card with photograph (INS Form I-151 or I-551), Employment Authorization Card (INS Form I-688A), etc.

In order to assure forms are properly completed, and to minimize time delays, Contractor is encouraged to work closely with the Security Management Office. The Government will return for correction incomplete forms, illegible forms, etc. which will delay the contractor / subcontractor from beginning work.

Security requirements are subject to change in accordance with HSPD-12, Office of Personnel Management, regulation or policy changes, etc. The Government shall add any changes to security requirements by modification to the contract.

The Contractor shall contact the Security Management Office by phone, letter, or email at the following numbers/addresses:

CELRH-SM

502 Eighth Street Huntington, WV 25701

Stephen R. Curry, phone (304) 399-5695; email stephen.r.curry@usace.army.mil

Matthew D. Green, phone (304) 399-5294; email matthew.d.green@usace.army.mil

Sandra L. Hardwick, phone (304) 399-5612; email sandra.l.hardwick@usace.army.mil

AT/OPSEC Requirements: The following shall be accomplished by the contractor before any work will be ordered:

1. Access and General Protection/Security Policy and Procedures. All 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 or background investigation and to meet installation/facility access requirements to be accomplished by installation Provost Marshal 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.

2. For contractors who do not require CAC, but require access to a DoD facility or installation. Proposed language: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

3. Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something). The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

4. Pre-screen candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

A-15 Contractor Submittals

The successful contractor shall provide as a minimum the following documentation:

A. Abbreviated Accident Prevention Plan – EM 385-1-1 Appendix A and APP (Accident Prevention Plan)

B. Activity Hazard Analysis

C. Invoice as stated on the contract award.

D. Man-hour report to project office at completion of work.

E. Pesticide/Herbicide application license and an official ID card with picture (e.g.:

Drivers license in addition to the application license)

A-16 ATTACHMENTS: The following exhibits are provided as separate documents with the solicitation posting and are incorporated into this scope of work:

Exhibit A: Aerial Photographs of the following locations: Belleville Locks and Dam (4 pages including header), R.C. Byrd Locks and Dam (6 pages including header), Winfield Locks and Dam (5 pages including header)

Exhibit B: Basic outline Abbreviated Accident Prevention Plan (from EM 385-1-1)

Exhibit C: Sample Safety Forms (16 pages including header)

Exhibit D: Daily Pesticide Application Record (2 pages including header)

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job WIN Herbicide Spraying

FFP

CONTRACTOR TO PROVIDE HERBICIDE SPRAYING FOR Winfield Locks and Dam, Winfield, WV, IN ACCORDANCE WITH THE ATTACHED

PERFORMANCE WORK STATEMENT.

FOB: Destination

MILSTRIP: W81F8E62293377

PURCHASE REQUEST NUMBER: WIN

NET AMT

0002 1 Job BEL Herbicide Spraying

FFP

CONTRACTOR TO PROVIDE HERBICIDE SPRAYING FOR Belleville Locks and Dam, Reedsville, OH IN ACCORDANCE WITH THE ATTACHED

PERFORMANCE WORK STATEMENT.

FOB: Destination

PURCHASE REQUEST NUMBER: BEL

0003 1 Job RCB Herbicide Spraying

FFP

CONTRACTOR TO PROVIDE HERBICIDE SPRAYING FOR Robert C. Byrd Locks and Dam, Gallipolis Ferry, WV, IN ACCORDANCE WITH THE

ATTACHED PERFORMANCE WORK STATEMENT.

FOB: Destination

PURCHASE REQUEST NUMBER: RCB

0004 1 Job OPTION WIN Herbicide Spraying - Option 1

FFP

CONTRACTOR TO PROVIDE HERBICIDE SPRAYING FOR Winfield Locks and Dam, Winfield, WV, IN ACCORDANCE WITH THE ATTACHED

PERFORMANCE WORK STATEMENT.

FOB: Destination

0005 1 Job OPTION BEL Herbicide Spraying - Option 1

FFP

CONTRACTOR TO PROVIDE HERBICIDE SPRAYING FOR Belleville Locks and Dam, Reedsville, OH IN ACCORDANCE WITH THE ATTACHED

PERFORMANCE WORK STATEMENT.

0006 1 Job OPTION RCB Herbicide Spraying - Option 1

FFP

CONTRACTOR TO PROVIDE HERBICIDE SPRAYING FOR Robert C. Byrd Locks and Dam, Gallipolis Ferry, WV, IN ACCORDANCE WITH THE

ATTACHED PERFORMANCE WORK STATEMENT.

0007 1 Job OPTION WIN Herbicide Spraying - Option 2

FFP

CONTRACTOR TO PROVIDE HERBICIDE SPRAYING FOR Winfield Locks and Dam, Winfield, WV, IN ACCORDANCE WITH THE ATTACHED

PERFORMANCE WORK STATEMENT.

0008 1 Job OPTION BEL Herbicide Spraying - Option 2

FFP

CONTRACTOR TO PROVIDE HERBICIDE SPRAYING FOR Belleville Locks and Dam, Reedsville, OH IN ACCORDANCE WITH THE ATTACHED

PERFORMANCE WORK STATEMENT.

0009 1 Job OPTION RCB Herbicide Spraying - Option 2

FFP

CONTRACTOR TO PROVIDE HERBICIDE SPRAYING FOR Robert C. Byrd Locks and Dam, Gallipolis Ferry, WV, IN ACCORDANCE WITH THE

ATTACHED PERFORMANCE WORK STATEMENT.

0010 1 Job OPTION WIN Herbicide Spraying - Option 3

FFP

CONTRACTOR TO PROVIDE HERBICIDE SPRAYING FOR Winfield Locks and Dam, Winfield, WV, IN ACCORDANCE WITH THE ATTACHED

PERFORMANCE WORK STATEMENT.

0011 1 Job OPTION BEL Herbicide Spraying - Option 3

FFP

CONTRACTOR TO PROVIDE HERBICIDE SPRAYING FOR Belleville Locks and Dam, Reedsville, OH IN ACCORDANCE WITH THE ATTACHED

PERFORMANCE WORK STATEMENT.

0012 1 Job OPTION RCB Herbicide Spraying - Option 3

FFP

CONTRACTOR TO PROVIDE HERBICIDE SPRAYING FOR Robert C. Byrd Locks and Dam, Gallipolis Ferry, WV, IN ACCORDANCE WITH THE

ATTACHED PERFORMANCE WORK STATEMENT.

0013 1 Job OPTION WIN Herbicide Spraying - Option 4

FFP

CONTRACTOR TO PROVIDE HERBICIDE SPRAYING FOR Winfield Locks and Dam, Winfield, WV, IN ACCORDANCE WITH THE ATTACHED

PERFORMANCE WORK STATEMENT.

0014 1 Job OPTION BEL Herbicide Spraying - Option 4

FFP

CONTRACTOR TO PROVIDE HERBICIDE SPRAYING FOR Belleville Locks and Dam, Reedsville, OH IN ACCORDANCE WITH THE ATTACHED

PERFORMANCE WORK STATEMENT.

0015 1 Job OPTION RCB Herbicide Spraying - Option 4

FFP

CONTRACTOR TO PROVIDE HERBICIDE SPRAYING FOR Robert C. Byrd Locks and Dam, Gallipolis Ferry, WV, IN ACCORDANCE WITH THE

ATTACHED PERFORMANCE WORK STATEMENT.

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-2 Service Of Protest SEP 2006 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

DEC 2015

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

DEC 2015

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2016 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

(a) Definition. As used in this provision-- Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203- 19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF

1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation.