Natomas_Mitigation_Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W91238-16-R-0071 22-Sep-2016

b. TELEPHONE NUMBER

916-557-6752

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 25 Oct 2016

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 Govt. 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.

W91238 9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DONALD SUMNER

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE: UNRESTRICTED OR X

SMALL BUSINESS X

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE SACRAMENTO DISTRICT

ATTN: 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 RFP X

USACE SACRAMENTO DISTRICT

DONALD SUMNER

ATTN: CONTRACTING DIVISION

1325 J STREET

SACRAMENTO CA 95814-2922

TEL: 916-557-6752 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$7.5MM

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/ SERVICES ITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22. 21. 19.

W91238-16-R-0071

Section A - Solicitation/Contract Form

EXECUTIVE SUMMARY

All administration and future task orders under this MATOC will be issued by U.S. ARMY CORPS OF

ENGINEERS, SACRAMENTO DISTRICT (SPK).

The Government intends to award up to three Indefinite-Quantity, Indefinite-Delivery (IDIQ) Multiple Award Task

Order Contracts (MATOCs) for Vegetation Planting and Establishment Services within the South Pacific Division.

Notwithstanding the above, the Government may award more or fewer than three. The objective is to award separate contracts with a five year ordering period. The government intends to award three (3) Small Business Contracts, however the government reserves the right to award more, less, or none at all. The maximum capacity for all contracts awarded will be $9,000,000.00. This MATOC will be shared capacity and shall not exceed the maximum capacity of $9,000,000.00. The first contract will be awarded with one (1) task order.

The performance of work will be authorized by issuance of task orders by the Government Contracting Officer. The objective of this contract will be to develop wildlife habitat and other types of plantings for the American River

Common Features, Natomas Basin Project. The project will be located within the Natomas Basin in Sacramento and

Sutter Counties, California. This work will develop and establish vegetation and mitigate impacts of the levee improvement work being performed. The levee impacts will occur over time and therefore subsequent mitigation work will occur in segments, distributed over the life of the project. This mitigation work will restore the natural habitats that were destroyed during levee improvement work. The Contractor will be responsible for all aspects of the work to achieve environmental acceptance of work completed.

2. Task orders will be awarded against the basic ID/IQ contracts using the fair opportunity procedures discussed in

FAR 16.5 in addition to the competitive source selection procedures identified in Section 803 of Public Law 107-

107 implemented in DFARS 216.505-70 and Public Law 110-181, Section 843. Each order exceeding $3,000.00 will be awarded on a competitive basis in accordance with FAR 16.505, unless an exception described in FAR

16.505(b)(2)(i) applies. Task orders will be Firm-Fixed Price (FFP).

3. The ID/IQ awardees in each MATOC pool will only compete among the other ID/IQ awardees in the MATOC pool for task order awards via issuance of a Request for Proposals letter from the contracting office. Prior to task order award, the Government will provide all members of the selected MATOC pool a fair opportunity to be considered for each order exceeding $3,000 (FAR 16.505(b)(1)(i)) unless an exception to fair opportunity under

FAR 16.505(b)(2) applies.

4. The ordering period shall commence upon the date of award and will continue for a period of five years. The labor rates in effect at the time of the contract award are effective through the life of the contract.

5. When request for task order proposals are issued, offerors must provide sufficient detail with regard to labor categories and hours, material, and other direct costs to allow an evaluation of the proposed cost.

6. The USACE Sacramento will remain the Procurement Contracting Office and no other agency can make changes to the Base Contract. Other USACE offices, upon authorization from the USACE Sacramento may issue task orders.

The USACE Sacramento may also transfer task orders to other USACE offices for administration authority.

7. The minimum guaranteed amount for the awardees shall be $10,000. The minimum guaranteed amount will be paid out only to MATOC pool contractor(s) that are not awarded a task order for the amount of the minimum guarantee or greater within the ordering period of the contract.

8. In the event of any inconsistency between the contract and any task order, the terms and conditions of the contract shall prevail.

9. Contractor Manpower Reporting: The contractor manpower reporting is applicable at the task order level.

"The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for USACE a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year

(FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mill.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 9,000,000 Dollars, U.S.

Natomas Vegetation Planting MATOC

FFP

FFP Vegetation Planting and Establishment Services for Natomas Basin MATOC.

The contractor shall perform planting and establishment services and other related functions as required by PWS and applicable task order specifications. The individual task order Performance Work Statement will clearly indicate the specific requirements of the task(s) awarded. The contractor shall furnish the required labor, general management, quality management, administration, travel, supervision, quality control, supplies, materials, equipment (not otherwise furnished as Government Furnished Materials), transportation, and documents/permits necessary to deliver services and any associated deliverables within schedule and in accordance with contract terms and conditions, reference documents, specific contract and task order requirements, and contract clauses.

The Contractor shall be responsible for obtaining all required documents/permits required for travel and performance of work.

The ordering period will not exceed 60 months and the total shared capacity will not exceed $9.0M. *Please note: wage determination(s) will be incorporated at the task-order level.

FOB: Destination

MAX

NET AMT

SITE VISIT

A site visit will be held on 4 October 2016 beginning in the parking lot at the intersection of

Garden Highway and Power Line Road Sacramento, California, at 10:00am.

QUESTIONS AND ANSWERS

QUESTIONS AND ANSWERS

Prospective offerors should submit inquiries related to this solicitation in accordance with the following (collect calls will not be accepted):

a. For information related to amendments, and the dates set for receipt of proposals, please check http://www.fedbizopps.gov

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

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

QUICK ADD link. Select agency as USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your e-mail address, and then click continue. Fill in all required information and click Add User.

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

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

4. The Solicitation Number is: W91238-16-R-0071

The Bidder Inquiry Key is: V67JFT-Q39KZN

c. The Bidder Inquiry System will be unavailable for new inquiries after October 24, 2016 submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

d. Offerors are requested to review the specification in its entirety, and review the Bidder Inquiry

System for answers to questions prior to submission of a new inquiry.

e. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

f. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

g. The point of contact for this solicitation is:

Contract Specialist: Donald Sumner

Telephone: (916) 557-6752

E-MAIL: Donald.Sumner@usace.army.mil

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum http://www.fedbizopps.gov/ https://www.projnet.org/projnet quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$10,000.00 $9,000,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each

Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$3,000.00 $2,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

PRIME LABOR CLASSES & RATES

See Attached MATOC Pricing Schedule

Section C - Descriptions and Specifications

MATOC BASE PWS 8-22-16

BASE IDIQ PERFORMANCE

WORK STATEMENT (PWS)

Natomas Basin Mitigation

22 August 2016

1.1 OBJECTIVE.

1.2 The Government intends to award up to three (3) Indefinite-Quantity, Indefinite-Delivery (IDIQ) Multiple

Award Task Order Contracts (MATOCs) for Habitat Development within the South Pacific Division. The

Government may award more or fewer than three. The objective is to award separate contracts with a one year base and four one year option periods. The maximum capacity for all contracts awarded will be $9,000,000 shared amongst all of the MATOC pool holders. The performance of work will be authorized by issuance of task orders by a Government Contracting Officer for the Contractors to perform tasks such as collecting propagules, propagating seedlings, providing water, installing irrigation systems, installing container plants, grass seeding and soil stabilization, installing browse guards, and maintaining the features and the plants for a 5 year period of service, including a multi- year establishment period. It is estimated that 100 acres of mitigation will be required to meet the mitigation goals as a result of the impacts to habitat during levee improvements. The work is anticipated to be spread out over six task orders.

The objectives of this PWS are to develop and establish vegetation for specific targeted habitats. The levee work that encircles the Natomas Basin is to remediate seepage issues. As a result of this work impacts to vegetation and habitat will occur. The work scoped herein will mitigate for those impacts. Habitats mitigated under this scope are upland and riparian woodlands. Habitat development is based on installing plants and maintaining them until they have achieved self-sufficiency. Plant self-sufficiency is achieved when the plants are able to live and thrive without irrigation and maintenance.

1.3 Work shall be performed at various sites throughout the Natomas Basin including locations in

Sacramento and Sutter Counties, California.

1.4 Specific services and task activities are listed in Paragraph 2.0. The description of work stated herein provides a general understanding of the Contractor functions to be performed; individual Task Orders will contain the specific performance-based requirements

2.0. GENERAL:

2.1 This is a non-personnel services contract to provide habitat development. The Contractor is responsible for meeting all terms and conditions of this contract, any sub-contractors used to perform the required services are solely accountable to the Contractor. The Government shall not exercise any supervision or control over sub-contractors. The Government reserves the right to inspect, at any time, any service performed under this contract, including services performed by sub-contractors to determine if the work meets contract requirements.

Environmental services are required for remedial actions related to the levee improvements in the basin. A

Multiple Award Task Order Contract (MATOC) contract is considered the optimal process to address these requirements. The levee impacts will occur over time and therefore, subsequent mitigation work will occur in segments, distributed over the life of the project. It is anticipated that the impacts coupled with available mitigation lands will occur over a period of a number of years. Having an ID/IQ contract will allow a contractor who is familiar with the work and process to quickly proceed into subsequent task orders as impacts occur. This mitigation work will restore the natural habitats that were destroyed during levee improvement work. The

Contractor is responsible for all aspects of the work to achieve environmental acceptance of work completed.

2.2 The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform habitat development as defined in this Performance Work Statement except for those items specified as government furnished property and services.

2.3 The Contractor shall design, plan, coordinate, organize, manage, and perform the activities described herein.

Task order requirements will include tree removal and transplanting, seed collection, container plant growing, seedling installation, water well drilling, temporary irrigation system installation, and soil preparation and grass seeding. Maintenance and establishment tasks include: watering, weeding, mowing, spraying, storm water sampling, testing and reporting, replacing dead plants and restoration and cleanup. The contractor shall accomplish healthy plant growth and self-sufficient establishment of the plants.

2.4 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). The QASP will be included with specific task orders that address specific tasks in those task orders. This plan is primarily focused on what the

Government must do to ensure that the contractor has performed in accordance with the performance standards.

It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rates.

2.5. Supervision and Training:

2.5.1 Contractor shall provide a supervisor who speaks fluent English on site at all times.

2.5.2 Contractor shall 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.

2.5.3 Contractor shall perform training and safety precautions for employees working under these specifications. Observe OSHA standards in all work performed. Use safety equipment as prescribed 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:

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

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.

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

2.6. Safety Requirements:

Contractor shall comply with and follow all installation safety regulations of the most current edition of USACE

EM 385‐1‐1, and all applicable federal, state, and local laws, ordinances, criteria, rules and regulations, including but not limited to 29 CFR Parts 1910 and 1926. Contractor shall:

2.6.1 Provide appropriate signs designated by Fire, Safety & Security and place them as indicated in work areas. Within one calendar day after commencement of work, erect a safety bulletin board at the job site, unless size, duration, or logistics of the work do not facilitate a bulletin board, in which case provide an alternative to a bulletin board, acceptable to the KO, that is accessible and includes all mandatory information for employee and visitor review. Provide and maintain information on the safety bulletin board or, if an alternative is utilized, on the alternative, as required by EM 385‐1‐1 section 01.A.06.

2.6.2 Keep the work areas closed off to unauthorized personnel and perform all project associated activities without damaging or contaminating adjacent work and areas. Where such work or areas are damaged or contaminated, restore work and areas to their original condition at no cost to the

Government.

2.6.3 Report all accidents to the Safety Office through the Technical POC, within the same shift during which the accident(s) occur, as soon after the accident as is practical. Fill out an Occupational Safety and Health Administration (OSHA) Form 300 in relation to any accident and submit ENG 3394 to the

Safety Office within 5 days after an accident. Stop work in the event of serious injury or damage, leaving everything in place exactly as it was at the time of the accident, except when there is the possibility that more damage or injury will occur if things are left in place.

2.6.4 Designate and provide a person as the Site Safety and Health Officer (SSHO) and ensure that the

SSHO or an equally‐qualified Designated Alternate SSHO is at the work site at all times, except as specified herein, where required to enforce and implement the Contractor's Safety and Health Program in accordance with the government‐accepted Accident Prevention Plan. The SSHO's training, experience, and qualifications must be in accordance with IAW EM 385‐1‐1 paragraph 01.A.17. When low risk service- related work is being performed, no SSHO is required for routine, repetitive work, such as, planting, watering, weeding, mowing, cleanup, plant surveying, reporting, etc.

2.6.5 Ensure, via the SSHO, the requirements of EM 385‐1‐1 section 1 and 29 CFR 1926.16 are met for the Project. The SSHOs has full‐time responsibility when required to be onsite. It is acknowledged that

USACE will hold the Contractor accountable for its safety and health performance. Provide a full time work quality control (CQC) manager per existing specifications. The CQC manager must be on site at all times.

2.6.6 Provide a competent person for all of the hazards identified in the Contractor's Safety and Health

Program in accordance with the accepted Accident Prevention Plan, and be on‐site at all times when the work that presents the hazards associated with their professional expertise is being performed. Provide credentials of the Competent Persons(s) to the Contracting Officer/Administrative Contracting Officer for acceptance in consultation with the Safety Office prior to start of the project.

2.6.7 The design should have identified materials such as PCB, lead paint, asbestos and other OSHA regulated chemicals (i.e. 29 CFR Part 1910.1000). If any material, not indicated, that may be hazardous to human health upon disturbance during work operations is encountered, stop that portion of work and notify the CO immediately.

2.6.8 Positively identified by a third party, independent, private utility locating company all underground utilities in the work area in addition to any station locating service and coordinate with the station utility department.

2.6.9 Use a qualified person to prepare the written site‐specific Accident Prevention Plan (APP). Prepare the APP in accordance with the format and requirements of USACE EM 385‐1‐1. Cover all paragraph and subparagraph elements IAW USACE EM 385‐1‐1, Appendix A, “Minimum Basic Outline for

Accident Prevention Plan” in the APP. The Activity Hazard Analysis (AHA) format must be in accordance with USACE EM 385‐1‐1, Section 1. Use the AHA during daily inspections to ensure the implementation and effectiveness of the activity's safety and health controls.

2.7 Recognized Holidays: The Contractor shall not work at the project site(s) on the following holidays: New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

2.8 Hours of Operation: The contractor is responsible for conducting business, between the hours of 7:00 a.m.

and 7:00 p.m. Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

2.9 [Reserved]

2.10 Place of Performance: The work to be performed under this contract will be performed within the

Natomas Basin, in Sacramento and Sutter Counties, California. It is anticipated the mitigation will occur at multiple sites (estimated to be six) and spread over six separate Task Orders.

2.11 Special Qualifications: The contractor is responsible for ensuring the herbicide spray employees possess and maintain current pesticide spraying certification during the execution of this contract.

2.12 Post-Award Meeting: The Contractor agrees to attend any post-award meeting convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation

Subpart 42.5 – Postaward Orientation. Additional Post Award Conference details will be included in the Task

Orders.

2.13 Periodic Progress Meetings: The Contracting Officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the Contracting Officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

2.14 Contract Discrepancy Process:

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

Contracting Officer will sign minutes of the meeting(s).

2.14.2 State in writing to the Contracting Officer, within ten calendar days, any areas in the minutes he does not concur with and explain 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.

2.14.3. Actions:

2.14.3.1 Normally, the Contracting Officer 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 Contracting Officer checklist of the date and the time the deficiency was discovered and the date and time the Contractor was notified.]

2.14.3.2 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 Contracting Officer will forward a written notice to the responsible organizational element requesting corrective action be taken.

2.14.3.3 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 a

CDR at the end of the period, or as soon as the limits of satisfactory performance are exceeded.

When a CDR is issued for a service, the Contracting Officer will withhold payment until the work has been satisfactorily completed.

2.14.3.4 If the Contractor does not achieve satisfactory performance by the end of the next period or agreed suspense date, another CDR will be issued.

2.14.3.5 A third CDR will be the cause for a Cure Notice. However, the Contracting Officer may issue a Cure Notice 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.

2.15 Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract:

perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

2.16 Key Personnel: The follow personnel are considered key personnel by the government. If contractor wishes to substitute key personnel the resume of the new personnel shall be provided to the COR who will request Contracting Officer’s approval. Qualifications for all key personnel are listed below:

2.16.1 Site Safety and Health Officer (SSHO): The SSHO shall be responsible for overall technical management of safety and health related aspects of this contract. Provide a person as the Site Safety and

Health Officer (SSHO) and ensure that they or an equally‐qualified designated alternate SSHO is at the work site at appropriate times in which high risk work is being performed. The SSHO may also be appointed to other duties in relation to this contract, however must be available as stated in the preceding sentence. No SSHO is required for routine, repetitive, service-related work, such as planting, watering, weeding, mowing, cleanup, reporting, etc. The SSHO must be trained, experienced, and qualified in accordance with IAW EM 385‐1‐1 paragraph 01.A.17. Provide a competent person for all of the hazards identified in the Contractor's Safety and Health Program in accordance with the accepted Accident

Prevention Plan. The SSHO must have the following qualifications:

Certification IAW EM 385-1-1 paragraph 01.A.17.

Four (4) years of working experience relating to the assessment of facilities for safety/health compliance.

Two (2) years of experience in the media area.

2.16.2 Industrial Hygienist: Provide an Industrial Hygienist who is responsible for completing The Health

Hazard Control Program. The Industrial Hygienist must be certified by the American Board of Industrial

Hygiene (ABIH) and have the experience and knowledge to access exposures to the pesticides being used and recommend controls for the exposures.

2.16.3 Supervisor: The Supervisor shall be responsible for oversight in carrying out the directions of the CM as it pertains to the Contract requirements. The Supervisor is responsible to insure compliance with the requirements identified in the scope of Work and the Contractor Quality Control Plan. Three (3) years minimum field experience is required. The experience must be in similar projects ensuring that the work, to include that of subcontractors and suppliers, complies with the requirements of the Contract. Their responsibilities shall include:

Preparation of Contractor submittals

Inspection of materials and equipment received on-site to assure compliance with contract requirements

Inspection of on-site laboratory equipment and safety and health equipment to assure proper operation and accuracy, Inspection of field activities

Supervision of quality control testing as required by the contract documents

2.16.4 Jobsite Foreman (JF): The JF shall be responsible for carrying out the Supervisor’s orders and for handling crews installing and maintaining the Contract requirements. The JF shall be on site at all times when crews are performing work. For those repetitive service activities that require only one or two persons; such as, watering, mowing, etc., a JF does not have to be present. The JF shall be responsible for ensuring crews adhere to all best management practices in place to protect the environment. Three (3) years minimum field experience is required. Their responsibilities shall include:

Oversight of on-site crew activities

2.16.5 Qualified Stormwater Developer (QSD): Ensure that SWPPPs are written, amended and certified by a QSD. A QSD must have one of the following registrations or certifications, and appropriate experience, as required for:

A California registered professional civil engineer;

A California registered professional geologist or engineering geologist;

A California registered landscape architect;

A professional hydrologist registered through the American Institute of Hydrology;

A Certified Professional in Erosion and Sediment Control (CPESC) (TM) registered through

Enviro Cert International, Inc.;

A Certified Professional in Storm Water Quality (CPSWQ) (TM) registered through Enviro Cert

International, Inc.; or

A professional in erosion and sediment control registered through the National Institute for

Certification in Engineering Technologies (NICET);

The QSD must be available throughout the life of the project to review and amend the SWPPP when necessary. Provide a copy of the QSD's certification within the SWPPP. Obtain the QSD Certification from the California Stormwater Quality Association (CASQA) or SMARTS.

The QSD must be actively involved in the project throughout the life of the contract. The QSD must inspect the site in person prior to SWPPP development to aid in the creation of the site specific SWPPP. The QSD must regularly assess the SWPPP and amend it as needed during active construction periods.

Verification of the QSD's inspections and SWPPP assessments must be documented in the SWPPP. The QSD must inspect the site in person prior to certification/submittal of the Notice of Termination (NOT).

2.16.6 Qualified Stormwater Practitioner (QSP): Ensure that all BMPs required by the CSWRCB CGP are implemented by a Qualified SWPPP Practitioner (QSP). A QSP is a person responsible for non-storm water and storm water visual observations, sampling and analysis. A QSP must either be a QSD or have one of the following certifications:

A certified erosion, sediment and storm water inspector registered through Enviro Cert

International, Inc.; or

A certified inspector of sediment and erosion control registered through Certified Inspector of

Sediment and Erosion Control, Inc.

The QSP must be available throughout the life of the project to address and implement the SWPPP when necessary. A copy of the QSP's certification must be provided in the SWPPP. The Certification must be obtained by the California Stormwater Quality Association (CASQA) or SMARTS to be valid. The QSP must be readily available and located within a reasonable distance from the project site in order to respond quickly to any stormwater related emergencies.

2.16.7 Archaeologist: The Archaeologist is responsible for addressing all significant cultural resources.

This includes field work, test excavations, monitoring and identification of previously unknown cultural resources. The Archeologist shall have, as a minimum, the following qualifications:

A college degree in archaeology, or related field

Demonstrable education and experience in field work, test excavation, monitoring and identification of previously unknown culture resources.

Two (2) years’ experience as an archaeologist.

The Archaeologist must have a minimum of one year regional experience in the Sacramento

Valley region.

2.16.8 Well Driller: The well driller is responsible for drilling wells that supply water for the irrigation system or wetland habitat. The well driller shall have, as a minimum, the following qualifications:

A State of California license in well drilling

Demonstrable education and experience in well drilling

Two (2) years’ experience related to well drilling.

2.16.9 Native Plant Specialist: The native plant specialist (NPS) is responsible for supervising collection of plant propagules and for establishing work procedures to ensure protection of existing vegetation during collection, installation and maintenance phases of the work. The NPS must also be responsible for monitoring health of installed plants and understanding plant water requirements needed to promote plant establishment and health. The NPS shall have, as a minimum, the following qualifications:

A college degree in horticulture natural resource management, horticulture, biology, botany, or landscape architecture.

Demonstrable education and experience in NPS.

3 years experience working with California native plants.

2.16.10 Restoration Specialist: The restoration specialist (RS) is responsible for planning and implementing vegetation restoration projects, specifically seasonal wetlands and Giant Garter Snake habitats. The RS shall have, as a minimum, the following qualifications:

A college degree in biology, botany, hydrology, geology, landscape architecture with emphasis in geomorphology, or related field, or experience

Demonstrable education and experience in restoration projects

Two (2) years’ experience related to restoration.

2.16.11 Landscape Architect (LA): The LA is experienced with providing design specifications, including irrigation design. The LA shall have, as a minimum, the following qualifications:

A California State Professional registration in landscape architecture.

Demonstrable experience in landscape architecture.

2.16.12 GIS Specialist: The GIS specialist shall have experience at database organization and manipulation. The GIS specialist shall have, as a minimum, the following qualifications:

A college degree science, graphics, art, or related field.

Demonstrable education and experience in GIS.

Two (2) years’ experience related to GIS.

2.16.13 Pest Control Advisor: Provide a certified pest control advisor who has a minimum of 5 years experience controlling weeds and applying herbicides in both broadcast and spot applications in

Sacramento Valley wildland habitat mitigation projects or agricultural applications. The Pest Control

Advisor must be a licensed herbicide applicator in the state of California. The Pest Control Advisor is responsible for planning and scheduling weed control activities. The Pest Control Advisor is responsible for developing and updating the weed control plan.

2.16.14 Weed Control Specialist: Provide a weed control specialist who has a minimum of 5 years experience controlling weeds and applying herbicides in both broadcast and spot applications in

California wildland habitat mitigation projects or agricultural applications. The weed control specialist must be a licensed herbicide applicator in the state of California. The Weed Control specialist is responsible for implementing the Weed Control Plan and applying herbicides and mowing for control of weeds.

2.16.15 Other Personnel: The Task Orders shall require a variety of support staff for conducting environmental engineering, drafting and removal actions. Support staff such as various program/project/remediation managers and civil engineers shall have appropriate bachelor degrees or training certificates, as applicable, at least one (1) year of experience comparable to their assigned tasks.

It is the responsibility of the Contractor to obtain the necessary staffing for the Task Orders.

2.16.16 Field Staff: If required by an individual TO, field personnel, including those listed above, shall meet the training, medical surveillance, and safety and health program requirements specified in all appropriate OSHA standards. The Contractor shall ensure that all personnel involved in the performance of the work meet the above safety and health requirements and that adequate documentation is available for the Contracting Officer's review. If adequate documentation is not made available personnel shall not be allowed on-site. Employees shall also meet any USACE required training for the project. All field staff, both Contractor and Subcontractor personnel, are responsible for understanding and complying with all requirements of the Contractor's approved Site Safety and Health Plan.

2.17 Identification of Contractor Employees: All contract personnel attending meetings, answering

Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. As you intend to utilize subcontractors, provide the same information as requested of the prime, including fully-burdened hourly rates and fully-burdened other direct costs for both the base and option periods.

2.18 Standards of Employee Conduct: Personnel are required to adhere to the following standards of dress and conduct while performing work at the project sites. These regulations are enforceable as per the US Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, 30 November 2014.

Be equipped at all times with personal protective and safety equipment. Hard hats and steel-toed shoes are required in accordance with OSHA requirements. Contractor employees will maintain personal hygiene.

Loud or boisterous behavior or use of profane or abusive language are not permitted.

Intoxicating beverages and/or drugs at the work site are not permitted.

2.19 Parking Regulations: Contractor employees may park privately owned vehicles in the area designated for parking by the Contracting Officer (KO). Contractor shall ensure employees park in the appropriate designated parking areas. The Government will not invalidate or make reimbursement for parking violations under any conditions. Possession of weapons is prohibited.

2.20 Data Rights: The Government has unlimited rights to all documents/material produced under this contract.

All documents and materials, to include the source codes of any software, produced under this contract shall be

Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

2.21 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests

(OCI) as defined in FAR Subpart 9.5 - Organizational and Consultant Conflicts of Interest. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may enact other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

2.22 Archaeological Finds/Historic Preservation: Where the Contractor or any of the Contractor’s employees, prior to, or during the service work, are advised of or discover any possible archeological, historical and/or cultural resources, immediately stop work within 100 feet of the find and notify the Contracting Officer verbally, and then with a written follow up. Archeological and historic work will be carried out by, or under the direct supervision of a person or persons meeting qualifications set forth in the Secretary of the Interior’s Professional Qualification

Standards (36 CFR Part 61). Fence all culturally sensitive and Government designated cultural resource sites prior to undertaking work in the vicinity of these areas. Encircle area with a temporary protection fence. The

Government will provide cultural sensitivity training to all work personnel prior to work activities. Upon completion of work activities, remove the fencing and discard offsite.

2.23 Use of Mitigation Site:

The Government will not be responsible for any loss, damage, or theft. Use responsible acceptable standards of housekeeping and custodial maintenance.

Safely store any chemicals, pesticides, herbicides, cleaning solutions, etc. in accordance with manufacturer’s recommendations. An SDS (Safety Data Sheet) is required for all chemicals, pesticides, herbicides and cleaning solutions.

Contractor shall restrict activities to within site boundaries and designated access routes. Inform the

COR if access outside the site boundaries and designated access routes is necessary. The COR approval is necessary for access outside the site boundaries and designated access routes.

2.24 Payment and Invoices: Submit invoices no more often than monthly. Give a detailed description of the

Contract line item number (CLIN) on an invoice. Upon receipt, the Contracting Officer will certify that the requested earnings are appropriate before payment will be made. Include all necessary information on the invoice, including any necessary supporting documentation required as part of this Performance Work Statement. Provide the Contract number W91238-XX-X-XXXX, on each invoice. Mark the final invoice “FINAL.” Provide copies of all invoices to the following:

Email a “draft” invoice to the COR prior to the original invoice being 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 Contracting Officer’s Representative named above, the approved original invoice may then be mailed to the payment center in Millington, Tennessee.

Submit the original invoice only, without additional information or supporting documentation, to: USAED, FINANCE CENTER

ATTN: CEFC-FP

5722 Integrity Drive

Millington, TN 38054-5005

Electronic copy of each invoice with all required information including any necessary supporting documentation:

TBD

Provide each invoice with a date, a unique invoice number, contract number, company name, USACE project name, as well as, CLIN number, task description and amount being billed against. Also include a billing summary history of all preceding invoices billed.

2.25 Authorities/Technical Direction: Contractor shall take no direction from any Government employee or any other person other than the Government Contracting Officer that changes the terms and conditions of this Contract action, the scope, or any change that impacts the cost, price or schedule. Changes authorized by the Contracting

Officer will be in the form of a written, official, signed modification to the Contract action before any changes can be made. Comply with the Changes clause of this Contract when direction has been given from persons other than the Government Contracting Officer that equate to a change by notifying the Contracting Officer. Report any direction given by any Government employee or any other person outside their authority to the Contracting

Officer. Contracting Officer’s Representatives 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 Contracting

Officer to the Contractor and designating the COR specific to this Contract only.

3.1 TASK ORDERS

3.2 Task Order Awards. Task Orders issued under this Contract will be Firm-Fixed Price, which can be issued throughout the life of the Contract period of performance of five years. For each Task Order under this contract, the Government will provide a specific Performance Work Statement describing at a minimum the work required to be performed, performance metrics, schedule requirements, types and numbers of submittals, and places for review. The Contractor shall, upon award of a Task Order, supply all personnel, tools, equipment, communications, transportation, materials and supervision (except as otherwise noted) to integrate, manage, and execute all specified aspects of the Task Order. If Government Furnished Material (GFM) is provided, it will be stated in the individual Task Order and will be accounted for in accordance with the approved property control plan if required. All GFM will be returned to the Government at the end of the period of performance.

3.3 Tasks Specific Services. Examples of work that contractors might accomplish under the Scopes of

Work include, but are not limited to the following:

3.2.1 Vegetation mitigation planting and establishment activities including:

•Plan preparation and submission •Seed collection and…