Amendment 01 to W91238-20-R-0043.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of the amendment 01 is to incorporate revised PWS w ith site visit information.

1. CONTRACT ID CODE PAGE OF PAGES

1 20

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 12-Aug-2020

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W9123820R0043

X 9B. DATED (SEE ITEM 11)

14-Jul-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

12-Aug-2020

CODE

USACE SACRAMENTO DISTRICT

ATTN: CONTRACTING DIVISION

1325 J STREET

SACRAMENTO CA 95814-2922

W91238 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9123820R0043

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 14-Aug-2020 10:00 AM to 21-Aug-2020 10:00 PM.

The following have been modified:

PERFORMANCE WORK STATEMENT

Performance

Work

Statement

WEED

CONTROL

SERVICES

STANISLA

US RIVER

PARKS

Part A –

General

Informatio n:

1. The Contractor shall furnish all labor, materials, equipment, supplies, tools, transportation, licenses, permits, insurances and supervision necessary to perform Weed

Control Services at Stanislaus River Parks, Tuolumne, Stanislaus, and San Joaquin

Counties, Oakdale, CA. Contractor shall be responsible for, but not limited to, all job planning, programming, scheduling, administration, inspection and management required to accomplish weed control services. Contractor shall assure that all work be accomplished is in accordance with the contract, all applicable laws, municipal codes, regulations and/or written directives issued by the Contracting Officer. This shall be a service contract for weed control at all areas of land administered by the U.S. Army

Corps of Engineers, Stanislaus River Parks. This includes providing personnel, equipment, vehicles, materials, supplies, supervision and quality control necessary to perform the services described below. Prospective contractors are encouraged to inspect the work site before submitting a quotation; a site visit for the subject effort will be on Monday, 17 Aug 2020 at 9;15am. The location of the site visit will be 18501 Sonora Road, Oakdale CA 95361. Please park in the exterior parking lot next to the maintenance building for Stanislaus River Parks. Map quest will direct you to a home approximately 1 city block from the yard. Please use your skills of observation to see the maintenance yard east of that location. Problems? Call

209.881.3517

2. In no event shall failure to visit the site be grounds for withdrawal of your quotation or for additional claims against the Government after the contract has been awarded.

3. In the event that any part or the entire Park is permanently or temporarily closed, the segments of this contract pertaining to that area shall not be required and therefore not utilized. The number of facilities may vary. Contractor shall not perform work in those closed areas or facilities that shall not be in use and shall not be compensated for work not accomplished.

4. Period of Performance: This contract consists of a Base Year and four (4)

Option Years. Base Year

O p t i o n

Y e a r

O n e

O p t i o n

Y e a r

T w o

O p t i o n

Y e a r

T h r e e

O p t i o n

Y e a r

F o u r

All work completed under this contract shall be performed on days and dates specified within the work schedule listed within the contract. A business day shall be considered Monday through Friday. No work shall be conducted on days other those scheduled without prior approval from the Park Manager. Work completed for this contract shall be performed during the hours of 7:45 a.m. and 4:30 p.m. If the service(s) to be performed fall on a Federal holiday, the service(s) shall be performed on the next following workday. The ten Federal holidays observed are as follows:

New Year's Day (January 1st)

Martin Luther King Day (3rd Monday in January)

President's Day (3rd Monday in February)

Memorial Day (last Monday in May)

Independence Day (July 4th)

Labor Day (1st Monday in September)

Columbus Day (2nd Monday in October)

Veterans Day (November 11th)

Thanksgiving Day (4th Thursday in November)

Christmas Day (December 25th)

When one of the above designated holidays falls on a Sunday, the following Monday shall be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday shall be observed as a holiday.

5. Options: Optional Periods may be exercised at any time during performance at the discretion of the

Government. Options will be exercised by a formal written modification executed by the Contracting Officer at time of award, or within the period of performance of the order.

6. Authorities/Technical Direction: The 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 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 Contracting Officer that equate to a change by notifying the Contractor Officer as directed by the clause. Any direction given by any Government employee or any other person outside their authority must be reported to the Contracting Officer. 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 Contracting Officer to the Contractor and COR specific to this contract only. COR appointment letters from previous contracts at this installation are not valid for this contract.

7. Estimated Quantity Line Items: Pricing Schedule, Line Items with quantities are estimated-quantity Line

Items. The quantities are estimated amounts and are not guaranteed amounts. The contractor will only be paid for work actually performed. At no time shall the contractor exceed the estimated quantity on any estimated quantity Line Item. The Contractor shall establish a tracking system of actual quantities against the contract’s estimated quantities for each estimated quantity Line Item and shall maintain the tracking system up to date throughout the life of the contract. When the actual quantity of any Line Item reaches 75% of the estimated quantity on any estimated quantity Line Item, the Contractor will notify the Government’s Contract Specialist and the Technical POC in writing by fax or e-mail within two (2) calendar days. Once the Government is notified that the actual quantity has reached 75% of the estimated quantity on any Line Item and if the

Government determines that the estimated quantity needs to be increased, the Contractor will receive an official modification to the contract action signed by the Contracting Officer increasing the quantity and the amount obligated on the contract BEFORE the Contractor will proceed to work over the existing estimated quantity.

The modification will set the new estimated quantity that the Contractor may not exceed without another modification.

8. Reporting Requirement for Employment Eligibility Verification. The contractor shall comply with all enrollment and verification requirements in accordance with clause FAR 52.222-

54, Employment Eligibility Verification. The contractor shall meet the enrollment and verification timelines specified in this clause and shall verify the employment eligibility of all new hires, and verify employees assigned to this contract action.

9. Points of Contact:

Contracting Officer:

U.S. Army Corps of Engineers

ATTN: CESPK-CT-B

1325 J St. CA 95814

Contracting Specialist:

U.S. Army Corps of Engineers

ATTN: CESPK-CT-B

1325 J St. CA 95814

COR: TBD

Please email your quotation for the subject effort to: davina.d.darden@usace.army.mil

Note: All invoices must reflect the Contract number, Task Order, or BPA Call number and the final invoice must be marked “FINAL”.

10. Description Maps: Requirements and totals shall override all maps. They are only used for visual reference purposes. Maps do not include all facilities at Stanislaus River Parks and do not accurately show locations of facilities in all recreation areas. Furthermore, maps have not been provided for all recreation areas. However, maps are color-coded and the Contractor shall be responsible for obtaining color copies from the technical point of contact during the pre-work conference.

11. Contractor Submittals: The Contractor shall submit to the Park Manager all items listed below. Unless otherwise specified these items shall be submitted at least one (1) week prior to the Post-Award Conference. If the contract is awarded less than 30 days prior to contract starting date, submittals shall be furnished on a schedule mutually agreed upon by the Park Manager and the Contractor.

a. Certificates of insurance

b. Copy of licenses and permits

c. Safety plan

Please note: Payment is NET 30 (unless the contractor has offered a prompt payment discount at stipulated in the contract) and is made within 30 calendar days after receipt of a complete and accurate invoice. For prompt payment follow the guidance provided in the Contract Invoicing and

Payment paragraph below.

d. Safety hazard analysis (Discuss with Park Manager at pre-contract meeting.)

e. Contractor’s inspection plan

f. Name and local telephone numbers of supervisor and alternate supervisor

g. Exposure report (man-hours worked) (Submit within 15 working days after the first of each month.)

h. Inspection and service records (as required)

i. Monthly invoice (original and three (3) copies. A copy shall be sent to the Park Office for verification.)

j. Contractor quality control plan (Discuss with Park Manager at pre-contract meeting and submit prior to initiation of work.)

k. M.S.D.S. for compounds to be used for the contract

12. Meeting:

a. Post-Award Conference: A post-award conference between the Contractor, his/her representatives, supervisors, workers, etc. and the Stanislaus River Parks’ Park Manager, Senior

Ranger and the technical point of contact shall be scheduled prior to the start of any work.

Contractor shall submit, to the technical point of contact, all required items outlined in this contract.

During this meeting a discussion regarding all elements of this contract shall take place at least one

(1) week prior to the start of the work to be performed. A week before the meeting, the Contractor shall submit to the Park Manager all information required under this contract including certificate of insurance, safety plan, and name of supervisor and alternate supervisor. The Park Manager will determine the date, time, and location of this meeting. The pre-contract meeting shall be repeated prior to each option period to discuss any changes.

b. Planning Meeting: The Contractor shall meet with the Park Manager or his representative to coordinate and update the work schedule and to discuss quality control, contractor performance, safety, and other items pertinent to the contract. The time and location of these meetings shall be determined by mutual agreement of the Park Manager and the Contractor.

13. Payment: Payment shall be made monthly in arrears at the contract unit price for services performed in accordance with the pricing schedule and as described herein. The Government will pay the Contractor upon submission of proper invoices for services delivered and accepted for the portion of the work actually performed under the contract. Payment shall be made on the basis of one job. This payment shall constitute full compensation for all necessary work, materials, equipment, labor, and incidentals. Payment shall be made after the work has been completed and accepted by the Government.

14. Invoices: Invoices for payment shall be submitted upon completion of work as outlined in the Pricing

Schedule of this contract. Invoices shall be submitted to:

Original invoice only WITHOUT additional information or supporting documentation: USAED

Finance Center

ATTN: CEFC-FP

5720 Integrity Dr.

Millington, TN 38054-5005

One copy each of the invoice WITH all required information including any necessary supporting documentation:

U.S. Army Corps of Engineers

ATTN: (Contract Number), 1325

J Street

Sacramento, CA 95814-2922

Stanislaus River Parks 17968

Covered Bridge Road Oakdale, CA 95361

Part B – Work to be Performed:

1. General information: The Contractor shall provide all labor, equipment, materials and supplies necessary to perform all weed control services at Stanislaus River Parks.

2. The Contractor shall be liable for all government property damaged in performance of his/her duties to include, but not limited to, equipment malfunction, overspray, and/or leaching that results from unfavorable weather conditions after the herbicides have been applied. The Contractor shall take the necessary precautions to identify the target species, assure equipment shall be in proper working order and avoid spraying if unfavorable weather conditions exist or are forecasted. Dye markers shall not be used where facilities could be damaged by stain.

3. Permits: The Contractor shall, without any additional expense to the Government, provide any necessary licenses or permits. The Contractor shall comply with all Federal, State, County and Municipal laws, codes and/or regulations in connection with the performance of specified work.

4. Work Location: The areas to be treated are located at nine (9) park sites along the Stanislaus River, in

Tuolumne, Stanislaus and San Joaquin Counties. Some contract coverage areas will require access by foot while most are accessible by vehicle.

Parks are located at or near the following addresses:

Goodwin Dam Recreation Area 13900 Tulloch Rd, Jamestown, CA 95327

Two-Mile Bar Recreation Area Hwy 108, one mile west of Tulloch Road

Knights Ferry Recreation Area 17968 Covered Bridge Road, Oakdale CA 95361

Horseshoe Road Recreation Area 14842 Orange Blossom Road, Oakdale CA 95361

Honolulu Bar Recreation Area 14525 Orange Blossom Road, Oakdale CA 95361

Orange Blossom Recreation Area 12748 Rodden Rd., Oakdale, CA 95361

Valley Oak Recreation Area 10500 Rodden Rd, Oakdale CA 95361

Oakdale Recreation Area 9858 Liberini Ave, Oakdale, CA 95361

McHenry Avenue Recreation Area 24300 E. River Road, Escalon CA 95320

5. Target Pests: Targeted pests will be all weeds present in any contract coverage area during any part of the year without regard to any unforeseen, calamitous or uncontrolled factors, such as: weather, ground condition at time of application, type of vegetation, etc. Blackberries, poison oak, tree of heaven, milk and yellow star thistles, and any other invasive species of vegetation are targeted as special concern items and identified by species and location with recreation area. The use of sterilants in any contract area is strictly prohibited.

6. Chemical Treatments: Contractor has the option to determine the type of removal necessary to complete all contract requirements. In cases where applications of herbicide are applied, Contractor shall ensure that all products comply with the Federal and State Registered Restricted Use Products list.

7. The Contractor shall be responsible for ensuring that all areas sprayed are maintained in a weed- free condition throughout the contract period. At the discretion of the Park Manager, the Contractor shall be required to re-spray or mechanically remove any weeds in any areas that are missed or any area showing growth of vegetation.

8. The Contractor shall avoid driving over freshly sprayed areas.

9. The Contractor shall submit a daily Pest Management Maintenance Record (DD 1532-1) or in- house record, approved by the Park Manager.

10. There shall be no mixing of chemicals on government property. Water can be supplied by the

Government, if the contractor has an installed and approved back-flow preventer and overfilling protection. The addition of chemicals to the tank must be accomplished off-site.

11. Specifications:

a. Fire Breaks. Fire breaks shall be 10’ width minimum, remove all weeds. Remove blackberries, poison oak and identified thistle species. Contractor may choose removal option for blackberries, poison oak and identified thistle species so long as it complies with all requirements and provisions outlined in this contract. Some fire breaks may require clearance greater than 10’. Those areas will be identified on maps, area specifications or in person, by the

COR or technical point of contact. In either case contract coverage will reflect those areas and their totals.

b. Fences. Fences shall be 2’ width minimum, remove all weeds. Fence shall have a 2’ wide stripe running in line with the fence on the recreation area side of the fence. Clear all access points through fences. Clear 4’x 4’ on both sides of the fence at all entry points.

c. Road Shoulders and Parking Lots. Road shoulders and parking lots shall be 3’ width minimum, remove all weeds. Skip road slopes and fill slopes. In parking areas with bollards or boulders, remove weeds next to and under. To prevent a rain shadow effect a cross spray apparatus (such as a cross spray boom) or a manual crossing spray technique needs to be used.

d. Garbage Cans. Contractor shall remove all weeds 1.5’ in all directions from directly below center of base of garbage can. Maps are provided for locations within some recreation areas;

contact the technical point of contact.

e. Signs:

i. Single Post: Remove all weeds 1’ in all directions around post.

ii. Double Post: Remove all weeds 1’ in all directions from sign. Keep area in a uniform rectangle with sign centered in cleared area.

f. Restrooms:

i. Fixed (Flush and CXT): 1’ wide strip around pads. Remove all weeds.

g. Trails: 5’ width minimum. Remove all weeds. Some trails may require clearance greater than 5’.

Those areas will be identified on maps, area specifications or in person, by the COR or technical point of contact. In either case contract coverage shall reflect those areas and their totals.

h. Benches: Centered in a 5’ X 10’ area. Remove all weeds. Not all benches will be included in this contract due to overlapping coverage of other areas sprayed. Maps are provided for locations within the recreation areas; contact the technical point of contact.

i. Railroad Tie Steps: Spray only permitted on the walking surface of stairs. Around the stairs, maintain 2’ width minimum on each side of steps. Remove all weeds by hand or other mechanical methods. SPRAY SHALL BE PROHIBITED AROUND THE STAIRS DUE TO

THE CREATION OF EROSION PROBLEMS.

j. Service Roads: 10’ width minimum. Remove all weeds. Some service roads may require clearance greater than 10’. Those areas will be identified on maps, area specifications or in person, by the COR or technical point of contact. In either case contract coverage will reflect those areas and their totals.

k. Planter Boxes and Landscaped Areas: Remove all weeds. Landscape plants must be protected during any spray application. Mechanical removal is suggested in these areas. Contractor will be responsible for any damage to non-targeted species in these areas.

l. Pump and Well Stations: Remove all weeds in a 2’ strip around concrete well pads and 8’ in all directions around service poles. Maps are provided for locations within the recreation areas.

m. Fire Rings/Barbecue Grills: These are located at Knights Ferry, Horseshoe Road, Honolulu

Bar, Orange Blossom, Valley Oak, and McHenry Avenue Recreation Areas. Maps are provided for locations within the recreation areas. Grills of fire rings have concrete pads;

square footage estimates will reflect this area as not needing weed removal.

i. Fire Rings. Remove weeds in 10’ in all directions from the center of the fire rings.

ii. Barbecue Grills. Remove weeds in a 2’ width around the perimeter of the concrete apron. If no apron exists, remove weeds 4’ in all directions from the center of the grill. DO NOT spray around grills in irrigated lawn areas.

n. French Drains: Remove all weeds within the concrete collar (hose bibs, water fountains). Maps are provided for locations within the recreation areas.

o. Cattle Guards: Two (2), 216 square foot cattle guards located on the Two Mile Bar access road. Remove all weeds within entire area of each cattle guard.

p. Electrical Service and Power Poles: Remove all weeds in an 8’ radius, in all directions, from base of power poles. Power poles containing transformers are the responsibility of PG&E and do not require weed removal under this contract.

q. Horseshoe Pits: Remove all weeds in a 5’x 5’ area around each pin, with the pin centered in the middle.

Horseshoe pits are currently located in Knights Ferry and Orange Blossom Recreation Areas.

r. Volley Ball Court: Remove all weeds in a 35’x 65’ area centered on the net. Current volley ball court is located in the Knights Ferry Recreation Area.

s. Park Host Sites: Sites are located in various parks. Specifications differ for each area. Those areas shall be identified on maps, area specifications or in person, by the COR or technical point of contact. In either case contract coverage will reflect those areas and their totals.

t. Hand Rail/Fence: 2’ width minimum. Remove all weeds. Some features may require clearance greater than 2’. Those areas will be identified on maps, area specifications or in person, by the technical point of contact. In either case contract coverage will reflect those areas and their totals.

u. Outfall structures: Remove all weeds from rock area. DO NOT over spray onto sounding vegetation.

v. Buildings:

i. Interior: Remove weeds from the entire area inside of open-roofed buildings. No vehicles will be permitted inside of buildings.

Ii. Exterior: 1’ width minimum. Remove all weeds.

w. Large areas: Remove all weeds. This shall be any area such as a gravel parking area which

100% of the area will require weed removal. Those areas will be identified on maps, area specifications or in person, by the technical point of contact. In either case contract coverage will reflect those areas and their totals.

x. Areas of Special Concern: These areas shall be identified by the technical point of contact at the time of the application.

y. Miscellaneous Areas: Several small, isolated areas will need treatment for specific items.

These areas will be identified by the technical point of contact.

Part C – Work Schedule:

1. Fall Application, Initial Site Visit: An initial site visit to remove all weeds shall be performed during

November/December when optimum application conditions exist to provide maximum control. All areas not identified for mechanical removal should be treated with an approved combination of contact/systemic and pre-emergent herbicides to provide maximum weed control throughout the year.

(i.e. Oust/Karmex, Oust/Direx, etc.)

2. Spring Application (for spot treatment of contract coverage areas covered in the Fall

Application): An additional spray using an approved contact/systemic herbicide shall be performed

March/April when optimum application conditions exist, and throughout the year to provide complete control of all undesirable weeds.

3. Secondary Post-Emergent Application (late season re-growth along roads and firebreaks, 261,360 square feet of vegetation): Some areas may require a secondary application of contact/systemic and pre-emergent herbicides to prevent excessive, late season growth. It may also be necessary to spray items of special concern at this time, i.e.

blackberries, poison oak and various thistle species.

4. Selective Treatment: An initial treatment for blackberries, poison oak, tree of heaven and various thistle species shall be performed when optimum conditions exist for said application. A maximum of twelve (12) call outs will be required to treat/remove identified items. The time and date of application shall be identified by the technical point of contact and scheduled accordingly. Control for these items may vary from one application to the next, such as a widespread treatment of poison oak, blackberries and thistle in all coverage area areas identified by the technical point of contact or one large application at one specific area within the contract, treating one identified type of vegetation.

Contractor should consider bidding this portion of the contract based upon a cost per square foot for control of the identified species. It is expected that some years may require the maximum number of call outs and use only a minimal portion of the total square footage allotted, while other years may require the minimum number of call outs and all of the square footage allotted to this contract item.

The species identified for control shall be sprayed with specific chemicals as described. Blackberry, tree of heaven, poison oak and milk, Russian and bull thistles shall be sprayed by hand or power sprayer with

Garlon 4D and an oil-based surfactant (if deemed necessary by the Park Manager). Yellow star thistle will be sprayed with Transline. Other products capable of performing at equal or greater control levels are permitted.

Part D – Contractor Responsibilities:

1. Licensing: Prior to starting work, Contractor must submit a copy of current qualified applicator’s license, agricultural business licensing, registration with state, county, and local Agricultural

Commissioner, and any other licenses required to comply with Federal, State and Local laws. The above shall be submitted to the Contracting Officer Representative (COR)/Park Manager at the pre-work conference.

2. Product Labels: Contractor shall supply the technical point of contact with the labels of any and all products used in the work specified under this contract. Labels are to be submitted prior to commencement of work.

3. Equipment: The Contractor shall furnish equipment necessary to complete all work required by this contract. All vehicles used in performing this contract shall be readily identifiable to Stanislaus River

Parks’ staff and the public. This shall be accomplished through the use of signs on the doors of all vehicles used. Lettering for these signs shall be not less than one inch in height. All vehicle-mounted equipment shall have a computerized monitoring system with an approved mounted boom sprayer.

Approved monitors are Raven, Midtech, Microtrack, or equal. All operating equipment shall be licensed by the state and county Agriculture Departments.

4. Rate of Application: Rate of application is to be in accordance with manufacturer’s recommended rate. Contractor shall protect trees and plants adjacent to areas to be sprayed by controlling the rates of spray, areas sprayed and spray drift.

5. Hazard Analysis: Contractor shall submit a copy of his/her state applicator’s license and a hazard analysis to the Park Manager for approval. The hazard analysis shall include the mixing of chemicals. Vendor shall be responsible for the cleanup of all spills and or any environmental damage caused in performance of these specifications.

6. Safety: Contractor shall complete a comprehensive safety program and plan to establish general policies and procedures for operations under this contract. All work shall be performed in accordance with safety requirements set forth in Corps of Engineers Manual, EM 385-1-1, entitled

Safety and Health Requirements Manual, 3 November 2003. Copies are available at the Stanislaus

River Parks Visitor Center or at the following website:

http://www.usace.army.mil/CESO/Pages/EM385-1-1,2008NEW!.aspx

7. Report: A man-hour exposure report shall be submitted to the Park Manager by the 18th day of each month in which any work takes place.

8. Contractor-Furnished Supplies and Materials: The Contractor shall furnish all supplies and materials to be consumed or incorporated in the execution of this contract. The Contractor shall be responsible for maintaining an adequate supply of materials on each service vehicle necessary for performing the required services.

9. Safeguarding Public Property: The Contractor shall cooperate with Government personnel in safeguarding public property. The Contractor shall be responsible for reporting acts of vandalism, larceny, or pilferage to the technical point of contact. The Contractor shall be responsible for coordinating the closure of recreation areas during chemical treatments.

10. Minimum manpower requirements: The Contractor shall provide an adequate number of fully-qualified personnel to perform the specified services properly and efficiently within the time constraints of this contract.

11. Identification of Contract Employees: The Contractor shall furnish all her/his employees, other than office/clerical personnel, uniforms, (coveralls or shirts), with a company identification patch on the breast pocket or on the left sleeve at the top of the arm, within 30 days after notice of award of this contract. (See EM 385-1-1, Section 7, for additional restrictions on clothing).

12. Employee Conduct: - The Contractor shall be responsible for seeing that his/her employees strictly comply with all Federal, State and Municipal laws. Any illegal or criminal activity may result in the removal of the Contractor’s employee(s) and/or termination of the contract.

13. Removal of Contract Employees: The Contracting Officer or the COR may require the Contractor to immediately remove from the worksite any employee of the Contractor or subcontractor who, in the opinion of the COR, is incompetent, who endangers persons or http://www.usace.army.mil/CESO/Pages/EM385-1-1%2C2008NEW!.aspx property, or whose physical or mental condition is such that it inhibits the employee’s ability to satisfactorily perform his/her duties. Notification to the Contractor will be made in writing if time and circumstances permit. Otherwise, notification will be over the telephone and followed up in writing as soon as possible. No such removal, however, shall reduce the Contractor’s obligation to perform all work required under this contract, and immediate replacement will be made as required. This requirement shall not be made on the basis of any claim for compensation of damages against the United States or any of its officers or agents.

14. Supervision: The contractor shall give her/his personal superintendence to this contract. The Contractor shall appoint in writing, subject to the approval of the COR, a minimum of one foreman/superintendents.

The superintendents shall be on the job at all times and have full authority to act for the Contractor on items pertaining to overall performance, management, coordination, and supervision whenever work for this contract is being performed. This individual may also serve as the Quality Control inspector provided that the job performance in each category is maintained at an acceptable level to the technical point of contact. In addition, the Contractor shall designate in writing a responsible employee on each work crew to act as a work leader and communications contact point for the technical point of contact. The work leader will be required to have a copy of the contract in his possession at all times for referral concerning questions of Contractor responsibility.

15. Quality Control: The Prime Contractor is responsible for ensuring that all work performed under this contract, including that performed by subcontractors, shall be in accordance with the Performance

Work Statement. To accomplish this, the Prime Contractor will appoint in writing, subject to the approval of the COR, a Quality Control Inspector (QCI). Requirements for quality control will be set forth in the Inspection section of this contract.

a. General: The Contractor shall maintain a current record of all Quality Control Inspection

Reports. These reports shall be made available to the COR within four (4) weeks of any application covered in this contract. These reports shall cover all items performed on the date of application and shall be signed by the Contractor’s approved Quality Control Inspector.

b. Contractor Quality Control: The Contractor shall be responsible for establishing and maintaining adequate quality control to ensure satisfactory performance of contract work in accordance with specifications. This feature shall be assured by a Comprehensive Quality

Control Plan developed by the Contractor and approved by the COR prior to initiating work. The government will monitor all work to ensure compliance with the Contractor

Quality Control Plan and that the Contractor’s performance meets contract specifications.

16. Quality Control Plan: Contractor shall submit for COR approval a plan outlining in detail an inspection system covering all work performed in this contract. This plan shall include:

a. Identifying inspectors, their vehicles, and work schedule.

b. Inspection schedule

c. Daily Activity Report (DAR): DARs shall be completed during any day in which work under this contract is performed. These records will be turned in no later than 10:00 a.m.

the next working day and shall include:

i. Inspector’s name

ii. Location

iii. Date work performed

iv. Weather

v. Time in/out of recreation area

vi. List of damaged/inoperable facilities

vii. Any facilities closed by QCI

17. Quality Control Inspection Frequency: Contractor shall be responsible for providing quality control inspections after each scheduled application. This shall be a minimum of two (2) inspections per contract period. These inspections shall be for 100 percent of the contract coverage area and notification shall be given to the COR prior to said inspections. Any deficiencies noted by the Contractor shall be corrected by the Contractor immediately. However, these inspections do not relieve the Contractor of quality control requirements for the remainder of the contract period. If, at any time, the technical point of contact locates a deficient portion of the contract coverage area the Contractor shall be notified and required to render service for said deficiency as soon as possible even if the two (2) required inspections have already been made.

Part E – Government Responsibilities:

1. Government-Furnished Supplies and Materials: The Government will not provide any supplies or materials under this contract. The Government will provide water for cleaning purposes in areas where available.

2. Storage: Government space and facilities shall not be utilized.

3. Quality Assurance Surveillance Plan (QASP): This Quality Assurance Surveillance Plan

(QASP) has been developed to evaluate contractor actions while implementing the Performance

Work Statement (PWS); and is designed to provide an effective surveillance method of monitoring contractor performance for each objective of the Performance Work Statement.

The QASP provides a systematic method to evaluate the services that the contractor is required to furnish.

The contractor, and not the government, is responsible for management and quality control actions to meet the terms of the contract. The role of the government is quality assurance, to ensure contract standards are achieved.

F. Performance Assessment Plan

1. Monitoring Performance. During the course of the evaluation period, the COR will track

Contractor performance. Interim (mid-term) evaluations may be provided to identify strengths and weaknesses in the Contractor's performance during the period being evaluated. At the end of the period, the COR will assess the Contractor's performance in accordance with the Quality

Assurance Surveillance Plan (QASP) and report to the Contracting Officer.

2. Contractor Self-Assessment. Following each evaluation period, the Contractor may provide a written self-assessment of its performance to the COR to be considered in its report to the

Contracting Officer. The self-assessment shall be submitted not later than 5 working days after the end of each evaluation period. The self-evaluation shall not exceed 1 page per PRS element. The self-assessment shall address both the strengths and weaknesses of the

Contractor's performance during the evaluation period. Where deficiencies in performance are noted, the Contractor shall describe the actions planned or taken to correct such deficiencies and avoid their recurrence. The self-assessment itself will NOT be the basis for the payment re-calculation determination.

3. COR Recommendation. The COR will consider all evaluations and any other pertinent information, including Contractor self-assessment, and will prepare a report to the Contracting

Officer with findings and recommendations. The Contractor will be provided a copy of the draft findings and recommendations of the COR and will be afforded the opportunity to identify factual errors. The COR's draft recommendation is not subject to negotiation and the COR will not engage in discussions with the Contractor. Any errors identified by the Contractor will be addressed by the COR in its final report. The Contractor will be provided a copy of the final COR report at the same time the report is submitted to the Contracting Officer.

4. Payment Determination. The Contracting Officer may meet with the COR to discuss the COR's report. The Contracting Officer will make a final determination in writing as to the percentage of work successfully completed, and the resulting payment to be made. A copy of the determination will be provided to the Contractor no later than 45 calendar days after the end of the period being evaluated. All Contracting Officer decisions regarding payment re-calculations are unilateral decisions made solely at the discretion of the Government.

5. Payment Re-Calculations. Notwithstanding any other clause of this contract, payment re-calculations will be made within the later of 60 days after the end of the evaluation period or 30 days after receipt of an approved invoice.

6. The Quality Assurance Surveillance Plan is one evaluation method the government uses to surveillance performance to determine whether the Contractor meets the standards of performance as defined in the PWS. The absence of a QASP for any contract requirement, however, shall not detract from its enforceability or limit the rights or remedies of the government under any other provision of the contract in determining the quality of the Contractor performance.

Performance Requirement Summary

Acceptable Quality Level

Means of Measurement

Contractor shall comply with the Performance Work Statement Task.

Timeliness ‐ 100% Completion of all tasks in accordance with the period of performance

Periodic or 100% Surveillance

Inspection by the Government

Quality ‐ All work Customer Complaints is performed to industry standard 95% of the time

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (MAR 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the

Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

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

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

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

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

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

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

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the

Government, will be considered at any time it is received and may be accepted.

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

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent

Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

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

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

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

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

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA

Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

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

Additional copies will be issued for a fee.

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

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

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

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

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

(DoDSSP) by--

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

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

(iii)…