A07.6_W91238-16-Q-0005.pdf

SEE ADDENDUM

(No Collect Calls)

W91238-16-Q-0005 09-Dec-2015

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

02:00 PM 08 Jan 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912389. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

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

W62N6M42824979

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

US ARMY CORPS OF ENGINEERS, SACRAMENTO

CONTRACTING DIVISION

1325 J STREET

SACRAMENTO CA 95814-2922

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 W91238 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

CONTRACTING DIVISION

1325 J STREET

SACRAMENTO CA 95814-2922

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

X 8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$7,500,000.00

NAICS:

115112

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.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF69

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.

W91238-16-Q-0005

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Base Year

FFP

Contractor shall supply all labor, materials, staff, supervision and equipment in order to complete the tasks listed in the Performance Work Statement, dated March 1, 2015. Please review associated pricing schedule for task breakout.

FOB: Destination

PURCHASE REQUEST NUMBER: W62N6M42824979

NET AMT

1001 1 Job OPTION Option Year 1 - Establishment

FFP

Contractor shall supply all labor, materials, staff, supervision and equipment in order to complete the tasks listed in the Performance Work Statement, dated March 1, 2015. Please review associated pricing schedule for task breakout.

2001 1 Job OPTION Option Year 2 - Establishment

FFP

Contractor shall supply all labor, materials, staff, supervision and equipment in order to complete the tasks listed in the Performance Work Statement, dated March 1, 2015. Please review associated pricing schedule for task breakout.

PERFORMANCE WORK STATEMENT

Points of Contact:

Representative (COR) TBD Contracting POC Mr. Ryan Bayless

U.S. Army Corps of Engineers, Sacramento District Attn: CESPK-CT-B (Ryan Bayless) 1325 J Street Sacramento, CA 95814-2922 Ryan.J.Bayless@usace.army.mil Ph: (916) 557-7090

Contracting Officer Ms. Angela Hermanson U.S. Army Corps of Engineers, Sacramento District Attn: CESPK-CT-B (Angela Hermanson) 1325 J Street Sacramento, CA 95814-2922 Angela.Hermanson@usace.army.mil Ph: (916) 557-7945

Payment Questions: Direct payment questions to the COR

For prompt payment, submit invoices to all parties and follow the guidance provided in the Invoicing and Payment paragraph. Payment is NET 30 unless the contractor specifies prompt payment discount terms in the quote/proposal.

Incomplete or inaccurate invoices shall be returned to the contractor for revision.

1. General Information:

a. This is a performance-based contract for installation of all mitigation features described in this contract and 1 year of establishment maintenance services and 2 option years of establishment maintenance on the Sacramento River (SR) River Mile (RM) 26.0L. The overall responsibility of the Contractor is to manage and perform the activities described herein, which are to install vegetation, install a temporary irrigation system, irrigate, weed, maintain existing beaver barrier fence (BBF) and mitigation signage. The maintenance service elements (irrigation, weeding, BBF & sign maintenance) will be performed 365 days under the base year and for each option year an additional 365 days (total for all 3 years is 1,095 day). At the completion of each year a yearly report is required which presents all establishment activities as defined within this scope. At the end of the final year a final report which presents a compilation of all establishment years is required.

b. The establishment maintenance success will be evaluated on plant vigor and growth, weed control as defined in this contract and infrastructure (BBF and signage) stability for intended function.

The plants will have progressed over time to expected levels in height and vigor at each stage.

2. Introduction: This Performance Work Statement describes the basic objectives of the vegetation installation and establishment, and site maintenance at this mitigation site. The Performance Based Service Contract provides potential Offeror’s the flexibility to develop cost effective solutions and the opportunity to propose innovative alternatives to meet the stated objectives. It also presents the Government with an opportunity to assess the offeror’s understanding of all aspects of the effort to be performed by eliminating the “how to” instructions to accomplish the required effort normally contained on the Statement of Work that the Government traditionally provides to prospective Offeror’s.

3. Background: The erosion repair site at SR RM 26.0L is located on the left bank of the Sacramento River, approximately one mile downstream from Walnut Grove. The erosion repair site extends for approximately 1546 feet along a straight reach of the channel. The rock revetment and soil cover will be placed under a different contract and the start date for this contract will be given when the repair work under the Construction contract is complete. This site is accessible from the levee road adjacent to the river. The overall area to be maintained is approximately 1 acre.

4. Safety and Health Plans:

a. Obtain USACE Safety Officer Approval of all Safety and Health Plans BEFORE starting any work in the field/on-site.

b. Accident Prevention Plan (APP). Use a qualified Safety and Health Manager (SHM) to prepare the written site-specific Accident Prevention Plan (APP) in accordance with the format and requirements of USACE EM 385-1-1. Cover all paragraph and subparagraph elements in Appendix A of USACE EM 385-1-1 "Minimum Basic Outline for Preparation of Accident Prevention Plan". Include an appendix in APP which includes the Activity Hazard Analyses (AHAs). Include an appendix in the APP which includes an Injury and Illness Prevention Program (IIPP). Where a paragraph or subparagraph element is not applicable to the work to be performed indicate "Not Applicable" next to the heading. Address in the APP any project-specific unusual or unique aspects of the work to be performed. Interface the APP with the

Contractor's overall safety and health program (SHP). Include any project specific portions of the Contractor's overall safety and health program referenced in the APP in the applicable section.

The Government considers the Prime Contractor to be the "controlling authority" for all work site safety and health of the subcontractors. Contractors are responsible for informing their subcontractors of the safety provisions under the terms of the contract and the penalties for noncompliance, coordinating the work to prevent one craft from interfering with or creating hazardous working conditions for other crafts, and inspecting subcontractor operations to ensure that accident prevention responsibilities are being carried out. The Contractor, SHM, on-site Project Supervisor, and Site Safety and Health Officer (SSHO) must sign the APP.

c. Activity Hazard Analysis (AHA) Appendix to the APP. Develop an Activity Hazard Analysis

(AHA) for every operation involving site activities presenting hazards. Format the AHA(s) in accordance with Figure 1-2 of EM 385-1-1. Submit subsequent AHAs as amendments to the APP. The analysis must identify and evaluate hazards and outline the proposed methods and techniques for the safe completion of each phase of work. At a minimum, the AHA must define activity being performed, sequence of work, specific safety and health hazards anticipated, control measures (to include personal protective equipment) to eliminate or reduce each hazard to acceptable levels, equipment to be used, inspection requirements, training requirements for all involved, and the competent person in charge of that phase of work.

d. Injury and Illness Prevention Program (IIPP) Appendix to the APP. Develop and implement an

Injury and Illness Prevention Program (IIPP), attach as an appendix to the APP. The IIPP must address all elements of Title 8 California Code of Regulations (CCR) Section 3203 and Section 1509. IIPP appendix elements that overlap with APP elements need not be duplicated in the IIPP, provided each safety and occupational health issue is adequately documented in the APP.

Develop the IIPP under the direct supervision of a qualified SHM.

e. Deliverable Schedule for Health and Safety Plans. Submit the APP/AHA/IIPP to the USACE Safety

Officer within 10 days of award. The Government will review the documents within 10 days. Resubmit the documents, with any requested changes, within 5 days of request. Provide in Microsoft Office Word or PDF on a CD or emailed to the COR

f. References. The Contractor’s APP/IPP, SSHP Appendix and subsequent activities must comply with the following referenced documents (most current version, if different than the date referenced), at a minimum:

EM 385-1-1, USACE Safety & Health Requirements Manual, EM 385-1-1, 15 November 08

Edition, Effective 05 March 2010, http://publications.usace.army.mil/publications/eng-manuals/EM_385-1-1_languages/EM_385-1- 1_English_2008/toc.html

Title 29 Code of Federal Regulations (CFR) 1910, Occupational Safety and Health Standards.

29 CFR 1926, Safety and Health Regulations for Construction.

29 CFR 1926.65/29 CFR1910.120, Hazardous Waste Operations and Emergency Response.

USACE, Safety and Occupational Health Document Requirements for Hazardous, Toxic and

Radioactive Waste (HTRW) Activities, ER 385-1-92 (1 May 2007).

http://publications.usace.army.mil/publications/eng-regs/ER_385-1-92/toc.htm

NIOSH/OSHA/USCG/EPA, Occupational Safety and Health Guidance Manual for Hazardous Waste Activities (October 1985).

American Conference of Governmental Industrial Hygienists (ACGIH®), TLVs® and BELs®, Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices (2005).

Title 8 California Code of Regulations (CCR) Chapter 4 Subchapter 4, Construction Safety Orders.

8 CCR Chapter 4 Subchapter 7, General Industry Safety Orders.

8 CCR Sections 3203 & 1509, Injury and Illness Prevention Program.

American Conference of Governmental Industrial Hygienists (ACGIH®), TLVs® and BELs®, Threshold

Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices (2005)

OSHA ancillary safety and health regulations governing certain aspects for this contract include:

- Respiratory Protection (29 CFR 1910.134/8 CCR Section 5144)

- Occupational Noise Exposure (29 CFR 1910.95/8 CCR Sections 5095-5100)

- Hazard Communication (29 CFR 1910.1200/29 CFR 1926.59/8 CCR Section 5194)

- The Control of Hazardous Energy (Lockout/Tagout) (29 CFR 1910.147)

- Proposition 65 (22 CCR Section 12000) Chemicals Know to the State to Cause Cancer or

Reproductive Toxicity

5. Description of Services

Provide all personnel, equipment, material, tools, supervision, quality control, and other items necessary to ensure that the designated habitats are installed and maintained in order to provide suitable environment for vegetation establishment at this site. Services include, but are not limited to repairing or replacing any damage to existing BBF or signage around the entire site, providing portable pumps to draw water directly from the adjacent river for irrigation and designing, installing, repairing and replacing the irrigation system that supplies water to the newly installed vegetation at the frequency stated within this contract. Services also include maintaining the vegetation and site infrastructure for the duration of the establishment period, trimming and herbicide spraying of the grasses, irrigating the installed vegetation, weeding around the woody plants, performing plant surveys and submitting monthly records and year end reports, performing replanting where plant survival falls below designated levels, trash removal, and removing above ground irrigation equipment and BBF after the establishment period is completed. All work will be done during normal Federal workdays in daylight hours.

6. Program Objectives

a. Develop a “Performance Work Plan” that contains solutions to accomplish the objectives described herein. Perform duties in a manner that satisfies the acceptable quality levels (AQL) of performance as defined in the Performance Work Requirements Summary contained in Attachment C, for all objectives described herein.

b. Provide all installation and establishment maintenance services including, but not limited to:

i. Submitting all appropriate plans, e.g. Safety & Health Plans (Accident Prevention Plan –

APP) for approval by the COR Officer prior to commencing work.

ii. Acquiring initial vegetation (plants) in the size, quantities and species as stated in this contract.

iii. Installing initial vegetation (plants) in the size, quantities and species as stated in this

iv. Designing and installing an irrigation system which will successfully supply water from the source (Sacramento River) to the newly installed vegetation at the rate and frequency that will enhance plant growth and vigor for the duration of this contract.

v. Performing weekly irrigation between April 15th and November 15th. The irrigation frequency (number of watering events per week) is a minimum of two events per week.

Additional events may be required in order to enhance/maintain vigorous growth;

supplemental events (rate, frequency & dates) are at the Contractor’s discretion in order to meet the minimum standard of establishing a healthy and vigorous mitigation habitat.

vi. Repairing or replacing existing BBF around site boundary. Repair or replace areas of the fencing which have been damaged or that would provide an access point for beaver activity on the site.

vii. Performing all establishment maintenance indicated herein for a continuous 365 days (1 year) which starts upon “Installation Acceptance” as documented by the Contracting Officer’s Representative (COR). This element also includes maintaining and repairing of the irrigation system.

viii. Option 1: Performing all establishment maintenance indicated herein for a continuous 365 days, 2nd year of establishment maintenance. This element also includes maintaining and repairing of the irrigation system and BBF.

ix. Option 2: Performing all establishment maintenance indicated herein for a continuous 365 days, 3rd year of establishment maintenance. This element also includes maintaining and repairing of the irrigation system and BBF.

x. Performing weeding within 6” radius of each woody plant so that weeds do not grow higher than 3”. Weeds must not compete for soil moisture around the plant and irrigation can properly reach the installed vegetation.

xi. Performing mechanical or hand trimming of grasses, weeds, and all herbaceous growth, so that the site is kept in a neat appearance and does not obstruct the woody plants from receiving proper sun and water. Keep the herbaceous growth to a minimum during the new seedlings growth period. Provide a fire suppressor system near trimming activities.

xii. Performing herbicide spraying for eradication and control of undesirable weed species as necessary in areas where hand or mechanical trimming is not practical.

xiii. Performing plant surveys and providing monthly records and yearly reports.

Monthly reports must contain a write-up stating the visual appearance of the newly installed vegetation and daily maintenance performed overall impression of site conditions, photos taken at monthly inspections (minimum six photos per month) and any unusual conditions that may be effecting the plant growth. (A standard form will be provided to the Contractor by the USACE COR). Provide one report at the end of each 12 month period for the first two years.

Provide a final report, the final report will vary in number of years covered based on the total of all years awarded (year 1-base, year 2-option 1, year 3 option 2). In the case that only the base (first year) is to be completed and no additional options years are awarded then just one report is required which will be the final report. If the second year option is awarded and the third year is not than a final report is required which presents a compilation of year one and year two. If the third year option is awarded then a final report is required which presents a compilation of all three years.

Include in the year-end reports all monthly reports, a write up stating the successes and failures related to the mitigation area, and table which presents “initial plant count”, year-end plant count, and percentage of survival for each individual species for each individual year. After the first and second year recount the site identifying the quantity of individual species, and the survival quantity for each species expressed in actual quantities and percentage of survival.

Provide a table with columns and rows which identifies the following:

- Individual plant species installed

- Individual plant species survival for each year (end of year 1, 2 & 3),

- Survivorship comparing originally installed with end of year survival for each individual species. Submit one report summary at the end of the first year and one at the end of the second year (if awarded), with a comparison of the two consecutive years for each individual species. Comparison numbers must be presented in actual quantity and percentages. The year-end report for the second & three year shall indicate each individual year and the compilation of the two/three years of establishment (as awarded).

xiv. Replacing plant material quantities at the START of the second year (if awarded) of establishment for totals which fall below 90% of the originally installed quantity within each species. Replace in-kind plant material to bring each species up to 90% of the originally installed quantity. (The Government will pay up to 20% of replacement and installation of the first year-end of the non-surviving plants, quantities greater than 20% will be at the Contractor’s expense unless documented extenuating circumstances are declared and negotiated.)

xv. Replacing plant material quantities at the START of the third year of establishment (if awarded) for totals which fall below 90% of the originally installed quantity within each species. Replace in-kind plant material to bring each species up to 90% of the originally installed quantity. (The Government will pay up to 10% of replacement and installation of the second year-end of the non-surviving plants, quantities greater than 10% will be at the Contractor’s expense unless documented extenuating circumstances are declared and negotiated.)

xvi. Replacing plant material quantities at the END of the third year of establishment (if awarded) for totals which fall below 80% of the originally installed quantity within each species. Replace in-kind plant material to bring each species up to 80% of the originally installed quantity. (The Government will pay up to 5% of replacement and installation of the third year-end of the non-surviving plants, quantities greater than 5% will be at the Contractor’s expense unless documented extenuating circumstances are declared and negotiated.)

xvii. Removing all above grade irrigation system equipment and BBF at end of the establishment period.

xviii. Removing trash from the site during weekly establishment events.

7. Contract Objectives

a. To use an innovative and creative technical approach to maintaining newly installed vegetation to develop self-sustaining riparian water edge habitats.

b. To establish a Performance Plan (PP) focusing on criteria such as vigorous healthy grasses, trees, and shrubs and an overall natural habitat. Include in the PP a typical work schedule, list of typical materials and equipment the contractor plans to use, labor resources and a quality control plan to monitor the contractor’s performance in meeting the goals.

c. To provide mitigation vegetation establishment installation and maintenance throughout the contract period. The contract period consists of vegetation installation (+/- 4 weeks) plus one year vegetation establishment. This contract has two Option Items; Option 1 is for the 2nd year of vegetation establishment and Option 2 is for the 3rd year of vegetation establishment.

8. Standards of Employee Conduct

Adhere to the following standards of dress and conduct while performing work at the mitigation site.

These regulations are enforceable as per the US Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, 15 November 2008.

i. Be properly equipped at all times with personal protective and safety equipment in accordance with OSHA requirements.

ii. Maintain personal hygiene at all times while on the work site.

iii. Refrain from loud or boisterous behavior or use profane or abusive language on and near the work site.

iv. Personnel under the influence of drugs or alcohol are prohibited from the work site.

v. Alcohol and illicit drugs prohibited on the work site.

vi. Smoking is prohibited on the work site.

vii. Possession of weapons is prohibited on the work site.

9. Parking

Contractor employees may park privately owned vehicles in the area designated for parking by the COR. Ensure his employees park in the appropriate designated parking areas. Parking at this site is extremely limited. The Government will not invalidate or make reimbursement for parking violations of the Contractor’s employees under any conditions.

10. Use of Mitigation Site Facilities

a. The Government is not responsible for any loss, damage, or theft of Contractor items.

Maintain acceptable standards of work site cleanliness and free of excessive construction debris.

b. The Government will not furnish a storage building at the site for use by the Contractor to store supplies and equipment. Do not store any supplies or equipment over night at the site.

c. Provide portable generators for the site; there are no utilities available at the site. The

Government will not be responsible for any damage to or loss of the Contractor’s equipment.

Maintain fire extinguishers and other safety equipment on site at all times while on site.

d. Safely store any chemicals, pesticides, herbicides, cleaning solutions, etc. in accordance with manufacturer’s recommendations. Do not be stored on site overnight. An MSDS (Material Safety Data Sheet) is required for all chemicals, pesticides, herbicides and cleaning solutions.

e. Electricity and phone service will NOT be furnished by the Government for this work.

11. Inspections

a. The Contractor and the COR will perform a monthly inspection. During this inspection the appearance of the site will be observed, and any deficiencies noted within the scope of the contract will be corrected as soon as practicable. Items that need correcting outside the scope of the contract will be reported to the KO or his/her representative.

b. Submit inspection reports and work accomplished to the COR monthly.

12. Supervision and Training

a. Provide a supervisor who speaks fluent English on site at all times.

b. Maintain satisfactory standards of personnel conduct and work performance and administer disciplinary action as required. Remove employees for cause, to include, but not limited to, misconduct in performance of duty under these specifications and/or conduct contrary to the best interests of the Government.

c. Provide training and safety precautions for Contractor employees performing work under these specifications. Observe OSHA standards in all work performed. Furnish appropriate safety equipment to Contractor’s personnel as required by OSHA standards, including hard hats, safety shoes, safety glasses, and hearing protection devices. The following OSHA and NFPA standards and codes are to be adhered to:

i. National Fire Protection Association (NFPA): 10-1998 Standard for Portable Fire

Extinguishers.

ii. Occupational Safety and Health Administration (OHSA) 29 CFR 1910 Safety and Health Regulations for Personal Protection, Safety Color Codes, Portable Power Tools, Electrical Safety and Portable Electric Equipment.

iii. Site and Building Access: Maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with NFPA 241.

13. Performance Evaluation Meeting

a. The issuance of a Contract Discrepancy Report (CDR) may be cause for the scheduling of a meeting among the Contractor, Contracting Officer (KO), and the Contracting Officer’s Representative (COR). A mutual effort will be made to resolve all problems identified. The Government will prepare written minutes of the meeting. The Contractor, KO, and the COR will sign minutes of the meeting(s).

b. Should the Contractor not concur with the minutes, he will state in writing to the Contracting Officer within ten calendar days any areas he does not concur and explain the reasons for non-concurrence. The Contracting Officer will review and consider the reasons submitted for the Contractor’s non-concurrence and make a decision. The Contracting Office will notify the Contractor of the decision in writing within ten calendar days.

14. Remedial Actions

a. The COR will verbally advise or give a written inspection report to the Contractor of discrepancies the first time they occur and ask the Contractor to correct the problem. A notation will be made on the COR checklist of the date and the time the deficiency was discovered and the date and time the Contractor was notified.

b. If the Government created any of the discrepancies, these will not be counted against the

Contractor’s performance. When the Government has caused the Contractor to perform in an unsatisfactory manner, the COR will forward a written notice to the responsible organizational element requesting corrective action be taken.

c. When the Contractor is not meeting the limits of satisfactory performance, a CDR will be issued to the Contractor. The seriousness of the failures should govern whether to issue CDR at the end of the period, or as soon as the limits of satisfactory performance are exceeded.

d. When a CDR is issued for a service, the Contracting Officer may decline payment until the performance issue is resolved.

e. If the Contractor does not achieve satisfactory performance by the end of the next period or agreed suspense date, another CDR will be issued and the appropriate invoice re-calculations will continue until performance issues are resolved.

f. A third CDR will be the cause for a Cure Notice. However, the Contracting Officer may issue a Cure Notice or Show Cause letter at any time he/she deems appropriate. Depending on the overall performance of the Contractor, an unsatisfactory reply to the Cure Notice should require a Show Cause letter to be issued, followed by consideration of termination of the contract.

15. Contractor’s Quality Control Plan (QCP):

a. Establish and maintain a complete QCP to assure the requirements of this contract are provided as specified. This QCP will be forwarded to the KO along with the requested initial quotation. The KO will review the QCP and list any needed clarifications, and return to Contractor for response, if necessary. Include the following:

i. An inspection plan covering all services required by this contact. The inspection plan must specify the areas to be inspected and associated schedule for those inspections.

The schedule should include the days and times of inspections and specify the title of the individual(s) who will perform the inspections.

ii. Records of all on-site inspections conducted by the Contractor noting necessary corrective action taken. The Government reserves the right to request copies of any and/or each inspection.

iii. Incorporation of established internal policy and procedures for updating equipment and procedures that may affect performance of contract.

iv. The methods for identifying and preventing deficiencies in the quality of service performed, before the level of performance becomes unacceptable and organizational functions noting intermediate supervisory responsibilities and overall management responsibilities for ensuring total acceptable performance.

v. Records identifying the positions held, area of expertise, certifications and ongoing training of each employee performing services under this contract.

vi. A log to account for all requests for immediate service. Indicate in the log the date and time of services, and description of results and completion of these services.

vii. Records of any complaints or problems, with procedures taken to allow for corrections and/or elimination before effects caused interruption of performance of

16. Historic Preservation.

Where the Contractor or any of the Contractor’s personnel, prior to, or during the service work, are advised of or discover any possible archeological, historical and/or cultural resources, the Contractor must immediately notify the COR verbally, and then with a written follow up within 48 hrs.

17. Authorities/Technical Direction

Do not take direction from any Government employee or any other person other than the Government Contracting Officer (KO). Only the KO has the authority to change the terms and conditions of this contract action, the scope, or any change that impacts the cost, price or schedule. Changes authorized by the KO will be in the form of a written, official, signed modification to the contract action received by the Contractor before the Contractor will act upon those changes. The Contractor will comply with the Changes clause of this contract when the contractor believes direction has been given from persons other than the Government KO that equate to a change by notifying the KO as directed by the clause. Any direction given by any Government employee or any other person outside their authority must be reported to the KO. Contracting Officer Representatives (CORs) are limited to the authorities stated in the COR appointment letters. If a COR is appointed under this contract, they will be appointed by written letter from the KO to the Contractor and COR specific to this contract only.

COR appointment letters from previous contracts are not valid for this contract.

18. Payment and Invoices

a. Submit invoices for payment upon completion of tasks as outlined in the pricing/payment schedule. Include all necessary information, including any necessary supporting documentation required as part of this Performance Work Statement. All invoices must reflect the contract number W91238-XX-X-XXXX, see Block 2 of the Standard Form 1449.

The final invoice must be marked “FINAL.” Provide the following on copies of all invoices:

b. E-mail a “draft” invoice to the COR prior to the original invoice is sent to Millington.

This representative will inspect completed work as stated on the invoice and then submit to the Contractor a confirmation notice or temporary denial of payment until work is completed.

After the Contractor has received the approval by the COR named above, the approved original invoice may then be mailed to the payment center in Millington, Tennessee.

i. Mail an original invoice WITHOUT additional information or supporting documentation to:

USAED, Finance Center Attn: CEFC-FP 5722 Integrity Dr.

Millington, TN 38054-5005

Email: CEFC-Payments@usace.army.mil

ii. E-mail a copy of each of invoice WITH all necessary supporting documentation as required by this Performance Work Statement to the following individuals:

COR

U.S. Army Corps of Engineers, Sacramento District Telephone Number:

Email:

c. The Government will pay the Contractor upon submission of Proper invoices for the services delivered and accepted for the portion of the work actually performed under the contract. Payment will be made as indicated in the contract’s Payment Schedule not on percentage of completion.

Deliverables as defined in the Payment Schedule of the contract must be accepted by the Government before payment will be made.

PERFORMANCE OF WORK REQUIREMENTS SUMMARY

1. The purpose of this exhibit is to:

a. List the contract requirements considered most critical to acceptable contract performance.

b. Show, where applicable, the maximum allowable degree of deviation from perfect performance for each requirement that will be allowed by the Government before contract performance is considered unsatisfactory.

c. Define the procedure the Government will use in reducing the Contractor’s monthly payment if satisfactory performance is not rendered.

2. The Government’s quality assurance procedures are based on actual performance of the contract and all areas will be reviewed periodically, (e.g. weekly, monthly, quarterly, semi-annually, etc.).

3. The criteria for acceptable and unacceptable performance are as follows:

a. Contract requirements. The criteria for requirements are the level of performance deemed acceptable to the Government.

b. If the quality of work does not comply with the contract requirements, the COR will initiate and the Contractor will be required to complete a Contract Discrepancy Report (CDR).

c. The CDR will require the Contractor to explain in writing why performance was unacceptable, how performance will be returned to an acceptable level, and how recurrence of the problem will be prevented in the future. The Contractor will not be paid for services not rendered in accordance with the standards set for in this contract.

d. If the level of performance is deemed unacceptable to the Government concurrent with two unsatisfactory ratings, monthly payment will be reduced for unsatisfactory performance by the percentage as shown in the chart below:

(1) OBJECTIVE: Comply with Appendix A of USACE EM 385-1-1

Performance Standard

Acceptable Quality Level

(AQL)

Method and Frequency of Inspection

Remedy Invoice Re-calculation percentage

Submit for approval:

Accident Prevention Plan

(APP)

100% required

Review by

COR

Develop a plan for recovery and submit required plans within 5 working days of discovery. Continuous review until performance is satisfactory.

100% if fail to meet

AQL

Submit for approval: APP appendices

100% required

Review by

COR

Develop a plan for recovery and submit required plans within 5 working days of discovery. Continuous review until performance is satisfactory.

100% if fail to meet

AQL

(2) OBJECTIVE: Provide Protection from Natural and Human Defacement of Site.

Acceptable Quality Level

(AQL)

Method and Frequency of Inspection

Remedy Invoice Re-calculation percentage

Repair and maintain existing

BBF.

90% of fence fabric properly anchored at all points along the bottom edge of the fence fabric

Monthly field inspection by the COR

Develop a plan for fence repair within 5 working days and complete approved repairs within 10 working days. Continuous review until performance is satisfactory. Continuous review until performance is satisfactory.

10% if fail to meet AQL

Clear all trash, fire pits and human recreational equipment left on the site.

No more than a quantity of trash that will fill one large trash bag may be left on the site for more than 1 month, &/or 1 fire pit left in place for

Monthly field inspection by the COR

Develop a plan for removal and repair within 5 working days of discovery.

Continuous review until performance is satisfactory.

10% if fail to meet AQL more than one month

Remove trash, BBF and above-ground irrigation system during last month of the establishment period (just prior to contract closeout)

80% completion required

Field inspection by COR during installation

Remove all noted infrastructure and trash features within 10 working days after identified deficiency. Final acceptance of site will be granted only after all identified items are cleared.

80% if fail to meet AQL

(3) OBJECTIVE: Develop healthy mitigation habitat.

Acceptable Quality Level (AQL)

Method and Frequency of Inspection

Remedy Invoice Re-calculation percentage

Acquire and install new Plantings.

50% of new plants are installed within 30 days of APP acceptance.

*The deadline for plant installation is subject to extension due to weather condition.

Office review of documentation.

by COR

Complete plant acquisition and installation within 20 working days of original schedule. Continuous review until performance is satisfactory.

50% if fail to meet

AQL

Design and Install an irrigation system which provides a rate and frequency that will enhance plant growth and vigor for the duration of this contract.

50% of irrigation installed within 5 working days after the vegetation installation acceptance

Field inspection by COR

Develop a plan for recovery complete installation of a fully operational irrigation system within 5 working days of discovery.

Continuous review until performance is satisfactory.

50% if fail to meet

AQL

Provide water to plantings.

Deliver water to each plant at the rate, frequency and for the duration required, no more than two missed

Monthly field inspections by COR when system is in operation

Develop a plan for recovery and repair and/or replace all non-functioning irrigation components within 5 working days of discovery. Continuous review until performance is satisfactory.

50% if fail to meet water events in a 15 day period due to malfunction or improper irrigation operations

Weed within 6” radius of woody plants

75% of each woody plant must not have non-native herbaceous growth higher than 3” within a 6” radius of plant. 95% of the 6” radius near each woody plant is free of non-native vegetation taller than 3”.

Monthly field inspections (February through November only) by COR

Develop a plan for recovery and weed all plants within 10 working days of discovery.

Continuous review until performance is satisfactory.

25% if fail to meet

AQL

Achieve plant survival standard, as measured at the year-end plant survey

End of first year survival of woody vegetation based on the “as installed” quantities:

80% survival at end of first year of mitigation establishment

Monthly field inspection by the COR.

Yearly inspection to access survival.

Remedy: Develop a plan for recovery and purchase and replant within 20 working days of discovery. Continuous review until performance is satisfactory.

0% if fail to meet

End of second year survival of woody vegetation based on the “as installed” quantities:

90% survival at end of second year of mitigation establishment

Monthly field inspection by the COR.

Yearly inspection to access survival.

Remedy: Develop a plan for recovery and purchase and replant within 20 working days of discovery. Continuous review until performance is satisfactory.

for MAL

End of third year survival of woody vegetation based on the “as installed” quantities:

75% survival at end of third year of mitigation establishment

Monthly field inspection by the COR.

Yearly inspection to access survival.

Remedy: Develop a plan for recovery and purchase and replant within 20 working days of discovery. Continuous review until performance is satisfactory.

(4) OBJECTIVE: Provide actuate mitigation establishment documentation.

Standard

Acceptable Quality Level

(AQL)

Method and Frequency of Inspection

Remedy Invoice Re-calculation percentage

Prepare Monthly Records

Monthly mitigation establishment maintenance records submitted NLT the 15 days after the first of each month, Monthly mitigation establishment maintenance records submitted NLT the 5 days after the first of each month for

Monthly review of submittal by COR.

Yearly inspection to verify report.

Develop a plan for recovery within 30 days of discovery. Continuous review until performance is satisfactory.

10% if fail to meet

AQL

Prepare Yearly Reports/ Final Report

Report submitted within 60 days of end of establishment year for

Yearly review of submittal by COR.

Develop a plan for recovery within 20 working days. Continuous review until performance is satisfactory.

50% if fail to meet

Quality Assurance Surveillance Plan (QASP)

The QASP will consist of periodic inspections conducted by the COR or his/her designee. A surveillance report will be prepared by the KO and forwarded to the Contractor. The Contractor shall respond to any complaints and/or ratings of poor performance within five (5) calendar days, after receipt of the report.

MANAGEMENT SUPPORT RATING CRITERIA

CLIN PERFORMANCE

OBJECTIVE

INDICATORS OF SUCCESS

BASE ITEMS

Safety & Health Plan Submittal The Contractor has submitted the APP to the COR for review, incorporated corrections as directed by the COR and receive final approval from the COR.

0002 Acquire Initial Plants (Deepot 40)

The Contractor acquired all vegetation deepot 40 species & quantities presented on the plans included in this contract.

Acquire Initial Plants (Plugs)

The Contractor acquired all vegetation plugs species and quantities presented on the plans included in this contract.

Install Initial Plants

The Contractor installed all vegetation species and quantities presented on the plans included in this contract.

Design & Install Irrigation System

The Contractor completed the design and installation of a fully operational irrigation system that will provide adequate irrigation to all newly installed vegetation.

1st Year Beaver Barrier Fence (BBF) maintenance.

The Contractor has repaired and/or replaced BBF that maintains a secure water edge boundary as identified on the plans. Repair or replace areas of the fencing which have been damaged or that would provide an access point for beaver activity on the site.

1st Year Irrigation

The Contractor has provided adequate irrigation to all installed vegetation rate and frequency to insure healthy vegetation stands that meet stated success criteria.

1st Year Trimming/Weeding/Spraying

The Contractor has successfully kept area around all installed woody vegetation free of weeds, within a 6” radius. All herbaceous growth has been trimmed to promote desirable native grass seed growth and minimize fire hazard threat.

1st Year Clearing site of trash, Remove/Restore impacts from human and animals.

The Contractor has monthly cleared the site within the boundaries of the site of trash and restore impacts from human and animal impacts (e.g. dismantle fire pits, fill burrowing holes)

1st Year Records and Reports

The Contractor has provided the COR with the 1st Year report as defined in this PWS. Monthly records have been kept and submitted with the yearly report as defined herein.

2nd (Start) Year Acquire & Install New Plantings

Based on the year end plant count spreadsheet the COR will provide a table of plant species and quantities that will be acquired and installed to replace unsuccessful woody plant material that fell below 90% of the initial plant quantities. The Contractor has acquired and installed the additional plants in the existing planting pits where existing plants have not survived from previous year. (Government will pay for up to 20% of the initial plant quantities, Contractor responsible for required replacement plants if there was more than 20% die off, see Program Objectives section of this contract)

2nd Year Beaver Barrier Fence (BBF) maintenance.

The Contractor has repaired and/or replaced BBF that maintains a secure water edge boundary as identified on the plans. Repair or replace areas of the fencing which have been damaged or that would provide an access point for beaver activity on the site.

2nd Year Irrigation

The Contractor has provided adequate irrigation to all installed vegetation at a rate and frequency that insured healthy mitigation habitat that meets stated success criteria.

2nd Year Trimming/Weeding/Spraying

The Contractor has successfully kept area around all installed woody plants free of herbaceous vegetation that 3” or taller, within a 6” radius. All herbaceous growth has been trimmed to promote desirable native grass seed growth, newly installed woody plant material and minimizes fire hazard threat.

2nd Year Clearing site of trash, Remove/Restore impacts from human and animals.

The Contractor has monthly cleared the site within the boundaries of the site of trash and restored damaged features from human and animal impacts (e.g. dismantle fire pits, fill burrowing holes)

2nd Year, Records and Reports

The Contractor has provided the COR with the 2nd Year report as defined in this PWS. Monthly records have been kept and submitted with the yearly report as defined herein.

3rd (Start) Year Acquire & Install New Plantings

Based on the year end plant count spreadsheet the COR will provide a table of plant species and quantities that shall be acquired and installed to replace unsuccessful woody plant material that fell below 90% of the initial plant quantities. The Contractor has acquired and installed the additional plants in the existing planting pits where existing plants have not survived from previous year. (Government will pay for up to 10% of the initial plant quantities, Contractor responsible for required replacement plants if there was more than 10% die off, see Program Objectives section of this contract)

3rd Year Beaver Barrier Fence (BBF) maintenance.

The Contractor has repaired and/or replaced BBF that maintains a secure water edge boundary as identified on the plans. Repair or replace areas of the fencing which have been damaged or that would provide an access point for beaver activity on the site.

3rd Year Irrigation

The Contractor has provided adequate irrigation to all installed vegetation at a rate and frequency that insured healthy mitigation habitat that meets stated success criteria.

3rd Year Trimming/Weeding/Spraying

The Contractor has successfully kept area around all installed woody plants free of herbaceous vegetation that 3” or taller, within a 6” radius. All herbaceous growth has been trimmed to promote desirable native grass seed growth, newly installed woody plant material and minimizes fire hazard threat.

3rd Year Clearing site of trash, Remove/Restore impacts from human and animals.

The Contractor has monthly cleared the site within the boundaries of the site of trash and restored damaged features from human and animal impacts (e.g. dismantle fire pits, fill burrowing holes)

3rd (End) Year Acquire & Install New Plantings

Based on the year end plant count spreadsheet the COR will provide a table of plant species and quantities that shall be acquired and installed to replace unsuccessful woody plant material that fell below 80% of the initial plant quantities. The Contractor has acquired and installed the additional plants in the existing planting pits where existing plants have not survived from previous year. (Government will pay for up to 5% of the initial plant quantities, Contractor responsible for required replacement plants if there was more than5% die off, see Program Objectives section of this contract)

3rd Year, Records and Reports

The Contractor has provided the COR with the 3rd Year report as defined in this PWS. Monthly records have been kept and submitted with the yearly report as defined herein.

Final Report (3 years combined)

The Contractor has provided the COR with the Final Report as defined in this PWS.

Final Irrigation & BBF

Removal/Final Site Cleanup

The Contractor has removed all above ground irrigation equipment/piping, BBF & debris and has properly discarded at an approved refuse/recycle site.

Army Contractor Manpower Reporting (CMR) Requirement

1. The following sets forth contractual requirements for reporting of contractor manpower in support of the Army’s Contractor Manpower Reporting requirement.

R…