PWS 2.19 UPDATE.pdf

PERFORMANCE WORK STATEMENT (PWS)

1.0 OBJECTIVE

The Government intends to award numerous task orders between $225,000.00 to $50,000,000.00 under an Indefinite Delivery Indefinite Quantity Multiple Award Task Order Contract (MATOC). This MATOC is intended to cover mitigation and vegetation clearing efforts within the Sacramento District Civil Works Area of Responsibility (AOR). The bulk of the work falls within the capacity of two programs – American River Common Features 2016 (ARCF16) and Lower San Joaquin (LSJ), but work may occur anywhere in the Sacramento District AOR. The aggregate capacity for all contracts awarded will be $99,000,000.00 shared amongst all the MATOC pool holders. The performance of work will be authorized by issuance of task orders from a Government Contracting Officer (KO). The work described herein is intended to prepare areas for construction of Flood Risk Management (FRM) features and mitigation for impacts due to the implementation of the FRM features. The FRM features and associated mitigation sites occur at the locations included in Section 1.1. Examples of individual task orders will consist of the following items (see Section 3.0 for complete list).

• Vegetation clearing and habitat development

• Elderberry Transplant: Removal of elderberry shrubs to specified or created receiving areas and subsequent maintenance.

• Re-vegetation Services: Installation and maintenance of mitigation plantings on created or existing levee repair sites.

• Creating mitigation sites: Grading, erosion control, soil preparation, weed management, installation and maintenance of mitigation plantings for offsite mitigation sites, browse management and other activities needed to develop mitigation sites to offset environmental impacts and comply with terms and conditions of various biological opinions issued on projects within the area stated above.

• Native Plant Propagation: Seed collection, plant propagation and maintenance

1.1 LOCATION OF SERVICES

The location of services will be within one or more of the Sacramento District’s Areas of Responsibility within California (Exhibit A).

Exhibit A: Map of Sacramento District Area of Responsibility

Specific services and task activities are listed in Section 3.0. 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 BACKGROUND

U.S. Army Corps of Engineers Sacramento District was formed on October 7, 1929. Today’s mission is to provide innovative and enduring engineering solutions across the full spectrum of program/project delivery to provide value and quality, on-schedule, to our military/civilian customers and partners and we support our federal/state partners by responding to national emergencies with leadership and technical expertise.

In addition to providing engineering and construction management services to support Army and Air Force installations within the district’s eight-state area of responsibility, it is also responsible for supporting flood risk management through improvements to heavy-civil infrastructure including Weirs, by-passes, levees and dams.

Before a heavy-civil infrastructure project can occur, the site must be prepared for construction (e.g., clearing, grubbing, tree removal, etc.). This prospective MATOC includes these preparatory services in its scope. The National Environmental Policy Act (NEPA) requires the Corps to mitigate for construction impacts. Mitigation activities include topsoil covering, hydroseeding, and planting native trees, shrubs and plants. This MATOC also includes post-construction mitigation in its scope.

3.0 GENERAL

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 reserves the right to inspect, at any time, any service performed under this contract, including services performed by subcontractors to determine if the work meets contract requirements.

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

A MATOC contract is considered the optimal vehicle to address these requirements because the Government generally knows how much work is required each fiscal year but cannot always identify when the work will be needed throughout the year. Generally, tree clearing is completed between November 1 and February 15 in preparation for the upcoming construction season (typically July through October). Following construction, on-site mitigation is required usually during the spring season, but depending on complications with construction completion may not be required until summer or autumn.

Levee impacts 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 the process to quickly proceed into subsequent task orders as impacts occur.

This mitigation work will restore natural habitats destroyed during levee improvement work. The Contractor is responsible for all aspects of ensuring environmental acceptance of work completed.

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

The Contractor shall have the capability and experience to perform or provide a wide range of landscaping and mitigation activities. These efforts may include all phases and activities associated with land clearing and subsequent re-vegetation up to and including wetlands creation.

Mitigation activities may include, but are not limited to the following:

• Excavation, transportation, and other demolition activities.

• Clearing, grubbing.

• Well drilling.

• Soil and rock placement incidental to mitigation habitat creation.

• Incidental construction and erosion control, including but not limited to, both temporary and permanent erosion control, including bio-technical erosion control.

• Temporary electrical power system installation to established purveyors or on-site generation.

• Staging area establishment and removal.

Other required activities may include:

• Appropriate professional consultations/inspections/review/surveys by biologists, archaeologists, and botanists/arborists.

• Land grading and shaping

• Drainage systems installation.

• Fire break creation and maintenance.

• Creating, obtaining, and/or maintaining storm water pollution prevention plans (SWPPPs) and associated permitting and processing such as SWPPP, WPCP, DSA, permit and application processing.

• SWPPP on site BMP installation and removal.

• Acquiring all necessary permits/licenses as required to ensure project completion including required work and rights-of-entry permits.

• Tree removal and trimming, arborist services (e.g. tree diagnosis/assessment report preparation, tree surgery, bark scribing, etc.)

• Vegetation clearing, orchard removal and disposal including removal/re-routing of irrigation systems.

• Elderberry transplanting, maintenance, and abatement services.

• Native plant propagating services (seed collection, cutting collection plant growing, seedling transport and installation).

• Irrigation activities including water well drilling and pump installation and removal, maintenance, various methods of water delivery and electrical hook-ups/installations, and irrigation systems removal.

• The installation of signage, including project signs, interpretive signs etc.

• Traffic control and associated plans as needed to control for haul of materials and general ingress and egress from the sites to include traffic detours.

• The stockpiling of material, including soil, trees, and/or other materials for in-stream woody material installation.

• The installation of fences.

• Water management and obtaining all necessary permits.

• Invasive species management and abatement and other vegetation maintenance duties including weed control and pruning,

• The creation of wetlands, retention ponds, and creek restoration/improvement features as needed for the creation of wetlands and other Central Valley California native plant communities;

adaptive management to achieve survival rates as required, and the replacement of dead or dying plants.

• Boat and barge navigation for river island mitigation site access and equipment transportation.

• Boat dock installation and maintenance.

Supporting activities may also include, but are not limited to:

• Sampling and laboratory analysis of soil.

• Monitoring well, extraction well, and injection well installation, monitoring, and maintenance.

• Work plan preparation.

• Construction completion reports, such as-built drawings.

• Periodic monitoring reports.

• Operation and maintenance/repair activities.

• Monitoring reports.

• Other documents as needed.

Mitigated Habitats: All habitats within the California Sacramento District area of responsibility to include but not limited to: Sagebrush-scrub upland, pine-oak woodland, valley oak, woodland, elderberry, savannah, valley creeping wildrye grasslands, and riparian/upland forests and woodlands.

3.1 QUALITY ASSURANCE

The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP) issued with each task order award. 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.

3.2 SUPERVISION AND TRAINING

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

• 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.

• 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 standards and codes are to be adhered to:

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

o 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.

o 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.

3.3 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:

• 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/COR, 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.

• 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.

• 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.

• 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, where required to enforce and implement the Contractor's Safety and Health Program in accordance with the government‐accepted Accident Prevention Plan (APP), except where otherwise specified. 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.

• 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.

• Provide a competent person for all the hazards identified in the Contractor's Safety and Health Program in accordance with the accepted APP 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.

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

• 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.

• 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.

3.4 FEDERAL HOLIDAYS

New Year’s Day Martin Luther King Jr.’s Birthday President’s Day Memorial Day Juneteenth Day Independence Day Veteran’s Day Labor Day Indigenous People’s (Columbus) Day Thanksgiving Day Christmas Day

3.5 HOURS OF OPERATION

The Contractor must always observe local noise and lighting ordinances. Individual task orders will specify hours of operations and workday schedules. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce is essential.

3.6 PLACE OF PERFORMANCE

The work to be performed under this contract will be performed within the USACE Sacramento District Area of Responsibility. It is anticipated the mitigation will occur at multiple sites and spread over multiple separate Task Orders.

3.7 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.

3.8 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 – Post-award Orientation. Additional Post Award Conference details will be included in the Task Orders.

3.9 PERIODIC PROGRESS MEETING

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.

3.10 CONTRACT DISCREPANCY PROCESS

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).

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.

• Actions:

o 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.

o 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.

o 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.

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

o 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.

3.11 CONTRACTING OFFICER REPRESENTATIVE (COR)

A COR will be identified by separate letter at the task order level, this occurs in Procurement Integrated Enterprise Environment (PIEE). The COR monitors all technical aspects of the task order 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 contract or any resulting task order.

3.12 KEY PERSONNEL

The following 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:

Program Manager: The Program Manager serves as a single point of contact for coordination of program issues with USACE. The Program Manager will be responsible for the overall management of the contract including cost, schedule and technical quality. The Program Manager shall be competent, experienced and knowledgeable in the full range of mitigation and vegetation/restoration activities. The Program Manager will oversee the development and implementation of record keeping, administrative and quality control programs. The Program Manager is responsible to assure that the goals of the Task Order are attained in a manner consistent with the Contractor's approved Site Safety and Health Plan, Contractor Quality Control Plan and all State, Federal and local laws and regulations. The Program Manager will coordinate with the Certified Industrial Hygienist and the Site Safety and Health officer to assure that all activities are performed in a safe manner.

o The Program Manager shall be an employee of the Prime Contractor.

o The individual proposed as the Program Manager should have a bachelor’s degree in engineering, construction management, geology, chemistry, biology, environmental science or related field or a minimum of 10 years’ experience managing installation and establishment of habitat mitigation or restoration projects.

o The individual proposed as the Program Manager shall have five (5) years’ experience in mitigation and vegetation clearing projects.

o The individual proposed as the Program Manager should list all professional registrations held in their respective fields, if any.

• Contractor Quality Control Supervisor: The CQCS is responsible for overall management of

Contractor Quality Control (CQC) and have the authority to act in all CQC matters. The CQCS is responsible to ensure compliance with the requirements identified in the Performance Work Statement and the Contractor Quality Control Plan (CQC Plan). These persons shall be stationed at the project site whenever work is in progress. The need for an on-site CQCS will be defined the project specific Task Order.

o The CQCS should have a bachelor’s degree in a related field such as engineering, chemistry, construction management, or related field.

o The individual proposed as the CQCS should have a minimum of three (3) years working experience in quality control in mitigation, restoration, and /or vegetation clearing o The individual proposed as the CQCS should have experience with QA/QC in areas specific to mitigation and vegetation clearing sites. These areas should include remedial investigations, remedial design, and remedial actions.

o The CQCS should have experience with the Quality Control System (QCS) for managing quality control requirements and submittals.

o The individual proposed as the CQCS shall be an employee of the Prime.

• 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 is 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:

o A bachelor’s degree in horticulture natural resource management, horticulture, biology, botany, or landscape architecture or a minimum of 10 years’ experience managing installation and establishment of California native plants for the purpose of habitat mitigation or restoration.

o Demonstrable education and experience in NPS.

o 5 years’ experience working with California native plants.

Other personnel that may be required as part of task order proposals:

• 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 ensure 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:

o Preparation of Contractor submittals o Inspection of materials and equipment received on-site to assure compliance with contract requirements o Inspection of on-site laboratory equipment and safety and health equipment to assure proper operation and accuracy o Inspection of field activities o Supervision of quality control testing as required by the contract documents

• 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.

• Contracts Manager (CM): The Contracts Manager who will ensure that all acquisition and contract management related to this contract (including subcontracts, purchases, rental agreements, subcontract modifications, tracking procurements, maintaining inventory property lists etc.) are performed in accordance with all terms of this contract. Also, where applicable, the Contractor will be responsible for compliance with federal, state, and local laws and regulations related to contract management and acquisition. The Contracts Manager shall meet or exceed the following qualifications:

o The Contracts Manager shall have four (4) years of contract and acquisition management experience and demonstrate contract administration o The Contracts Manager shall demonstrate experience in firm-fixed price projects.

o The Contracts Manager shall be an employee of the Prime.

• 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.

• 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:

o A California registered professional civil engineer o A California registered professional geologist or engineering geologist o A California licensed landscape architect o A professional hydrologist registered through the American Institute of Hydrology o A Certified Professional in Erosion and Sediment Control (CPESC) (TM) registered through

Enviro Cert International, Inc.

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

Cert International, Inc. or o A professional in erosion and sediment control registered through the National Institute for

Certification in Engineering Technologies (NICET) o 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.

o 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.

o 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).

• 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:

o A certified erosion, sediment and storm water inspector registered through Enviro Cert International, Inc.; or o A certified inspector of sediment and erosion control registered through Certified Inspector of Sediment and Erosion Control, Inc.

o 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.

• Archaeological Monitor: The Archaeological Monitor is responsible for addressing all significant cultural resources. This includes field work, test excavations, monitoring and identification of previously unknown cultural resources. The Archaeological Monitor will provide Field Monitors to observe all project-related ground disturbing activities. The Archaeological Monitor shall designate one or more Lead Field Monitors. A Lead Field Monitor must be present whenever archaeological monitoring is required. Lead Field Monitors must have a graduate degree in archaeology, anthropology, or closely related field and meet the Secretary of the Interior's Professional Qualifications Standards for Archaeology, and additional requirements, as follows:

o At least one year of full-time professional archaeological experience.

o At least four months of supervised field and analytic experience in general North American archaeology.

o Demonstrated ability to identify and assess subsurface and surface archaeological deposits.

o Demonstrated ability to complete National Register of Historic Places (NRHP) evaluations for cultural resources.

o Demonstrated ability to carry archaeological research to completion.

Other Field Monitors must have an undergraduate degree in archaeology, anthropology, or closely related field and at least four months of supervised field experience in general North American archaeology.

• Elderberry transplant specialist: The Elderberry Transplant specialist shall be responsible for the transplanting of the elderberries. The elderberry transplant specialist shall have 3 years’ experience successfully transplanting elderberries in accordance with the US Fish and Wildlife Service’s 2017 Conservation Guidelines for Valley Elderberry Longhorn Beetle, the 2017 Framework for Assessing Impacts to Valley Elderberry Longhorn Beetle, and ANSI A300 (Part 6) guidelines for transplanting woody species.

• 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:

o A State of California license in well drilling o Demonstrable education and experience in well drilling o Two (2) years’ experience related to well drilling.

• 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:

o A college degree in biology, botany, hydrology, geology, landscape architecture with emphasis in geomorphology, or related field, or experience o Demonstrable education and experience in restoration projects o Two (2) years’ experience related to restoration.

• Certified Irrigation Designer, Landscape Architect, and /or Mechanical Engineer: The irrigation design professional will provide plans, specifications, and shop drawings for irrigation projects for permanent and temporary systems are required.

• 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.

• 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.

• Crane Operator: The offeror will provide proof of an accredited and valid crane operator certification for tree removal projects.

• Arborist: Arborist certified with a minimum of 3 years of experience with long arm telescoping grappling saws, lancers, and other equipment for remote tree removal.

• Industrial Hygienist or Equivalent: The Industrial Hygienist shall be 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.

• 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’s degree 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.

• 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.

• Surveyor - Confirm site boundaries/limits, easements, etc. and coordinate layout when GIS coordinates are used on layout plans

3.13 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.

3.14 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.

3.15 PARKING REGULATIONS

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. Other parking related direction to be specified at the task order level.

3.16 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.

3.17 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.

3.18 ARCHAEOLOGICAL FINDS & HISTORIC PRESERVATION

The Contractor will provide an Archaeological Monitor to conduct on-site cultural resource sensitivity training for all Contractor personnel, oversee ground-disturbing work, and positively identify cultural resources if they are encountered during the course of work. If archaeological, historic, or other cultural resources (including human remains) are encountered during work by the Contractor, the Contractor shall immediately stop work within 100 feet of the find and protect it from further impacts. The Contractor shall immediately notify the COR and Corps Archaeologist verbally, with a written follow-up. The Contractor shall only resume work within the 100-foot avoidance area at the written direction of the COR.

The Archeological Monitor will provide archeological sensitivity training to all work personnel prior to work activities. The Corps Archaeologist will be named in the individual task orders.

Tribal Monitors may voluntarily participate in the project and may be present on-site during any on-site activities to observe work activities and assist in ensuring that sensitive tribal resources are not impacted, provided such monitoring does not interfere with normal construction activities, and if any such monitoring can be conducted safely. Provide the opportunity for Tribal Monitors to inspect soil and other material as work proceeds to assist in determining presence of resources significant to the Tribes.

3.19 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.

3.20 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 (e.g., W9123826Dxxxx), and task order number (e.g., W912382xFxxxx) 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:

USAFD, 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 per Task Order Performance Work Statement

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.

3.21 AUTHORITIES & TECHNICAL DIRECTION

Contractor shall take no direction from any Government employee or anyperson 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 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, designating the COR specific to each individual task order award.

3.22 SECURITY REQUIREMENTS

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

4.0 TASK ORDERS

4.1 TASK ORDER AWARDS

Task Orders issued under this Contract will be Firm-Fixed Price, which can be issued throughout the life of the Contract ordering period of five (5) 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.

4.2 BASIS OF ORDER AWARDS

Task order RFPs will be provided to all MATOC holders for fair opportunity. Task orders may be awarded based on lowest price or evaluated utilizing the best value continuum: trade-off or lowest price technically acceptable (LPTA). Task Order award may also be determined on a price-only basis. In the event of only one technically acceptable proposal received, the Government may request other than certified cost and pricing data to facilitate negotiation of a fair and reasonable price.

4.3 CONTRACTOR MANAGEMENT REPORTING (CMR)

The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract.

The CMR is applicable at 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.SAM.gov/

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.SAM.gov/

Detailed information for CMR will be provided with the Task Orders.

5.0 DEFINITIONS

TERM DEFINITION

COLLECTION PERIOD (CP) Is the amount of time indicated to perform all propagule collection

CONTRACTOR

A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

CONTRACTING OFFICER

(KO)

An employee of the U. S. Government with authority to enter into, administer, and or terminate contracts, and make related determinations and finding on behalf of the Government. Note:

The only individual who can legally bind the Government.

CONTRACTING OFFICER’S

REPRESENTATIVE…