B3_RFQ_w-Attach_31Oct2019.pdf

W9126G20Q0005

Section B - Supplies or Services and Prices

Bid Sheet Herbicide Services

Canyon Lake Comal County, TX

Base Year: 1 January 2020 through 31 December 2020

Option Year 1: 1 January 2021 through 31 December 2021 Option Year 2: 1 January 2022 through 31 December 2022

Base Year: 1 January 2020 through 31 December 2020

Item Description Quantity Unit Unit Price Price

0001AA Rip Rap on Main Dam 2 JOB $ $ 0001AB Downstream Grass on Main Dam 2 JOB $ $ 0001AC Stilling Basin 2 JOB $ $ TOTAL BID ITEMS 0001AA through 0001AC $

Option Year 1: 1 January 2021 through 31 December 2021

Price Price

1001AA Rip Rap on Main Dam 2 JOB $ $ 1001AB Downstream Grass on Main Dam 2 JOB $ $ 1001AC Stilling Basin 2 JOB $ $ TOTAL BID ITEMS 1001AA through 1001AC $

Option Year 2: 1 January 2022 through 31 December 2022

Price Price

2001AA Rip Rap on Main Dam 2 JOB $ $ 2001AB Downstream Grass on Main Dam 2 JOB $ $ 2001AC Stilling Basin 2 JOB $ $ TOTAL BID ITEMS 2001AA through 2001AC $

TOTAL PRICE BID ITEMS 0001AA through 2001AC $

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT (PWS)

Herbicide Services

Canyon Lake, Texas

1. GENERAL: This is a non-personal services contract to provide herbicide services for the dam, dikes, and stilling basin at Canyon Lake, Texas. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform herbicide services as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.1.1 Basic Requirements: The following requirements for submitting a quote and receiving an award are now mandatory for conducting business with the DOD Government.

1.1.2 All offerors are required to obtain a Data Universal Numbering System (DUNS) number by visiting www.dnb.com.

1.1.3 All prospective contractors must be registered in System for Award Management (SAM) database prior to any award resulting from this solicitation. If at time of award, contractor is not registered, award will be made to the next successful “registered” offer. Registration may be accomplished via the internet at www.sam.gov.

1.1.4 All payments shall be made by Electronic Funds Transfer (EFT) or “direct deposit”.

1.1.5 E-Verify Verification of Eligibility: The Contractor must use the U.S. Department of Homeland Security E-Verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Contractor must provide to the Government two valid forms of Government-issued identification prior to beginning work to ensure the correct information is entered into the E-Verify system.

1.1.6 Permits: The Contractor will, without additional expense to the Government, be responsible for obtaining any necessary licenses, permits, and letters of certification. The Contractor will comply with any applicable Federal, State, County, and Municipal laws, codes, and regulations in connection with the performance of the work specified under this contract.

1.1.7 Veterans Employment Emphasis: In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

http://www.dnb.com/ http://www.sam.gov/ http://www.uscis.gov/e-verify

U.S. Department of Labor Veterans employment, www.vets.gov/ Federal veteran employment information , www.fedshirevets.gov/index.aspx Veterans’ Employment and Training Service (VETS) , http://www.dol.gov/vets/ Veterans Opportunity to Work (VOW) Program , http://benefits.va.gov/vow/ U.S. Army Warrior Transition Command Employment Index , wtc.army.mil/modules/employers/index.html Hiring Our Heroes initiative , www.uschamberfoundation.org/hiring-our-heroes Guide to Hiring Veterans , www.whitehouse.gov/sites/default/files/docs/white_house_business_counc il_-_guide_to_hiring_veterans_0.pdf

1.2. Scope: The objective of these services shall be the eradication or abatement of undesirable identified species as described herein. All licensing, permits, and herbicide mixtures applied during the execution of these services shall be submitted to the lake POC for approval prior to use. Contractor is responsible for property application under this contract, per the Manufacturer’s label instructions and meet all local, state, and federal regulation.

1.2.1 Application Requirements: Contractor shall select the chemicals proven to achieve the results as specified in section 1.9.1 Attachment 1 – “Performance Requirements Summary and in accordance with all portions of this PWS. Designated areas shall be treated using the required mixture and must contain chemicals labeled for use near water as defined by the licensing authority and application rates per the Manufacturer’s label to achieve results for the target species. The use of an approved dye (visual indicator) shall be used on all application to verify coverage of the designated area. See maps for areas that will require applications.

1.2.1.1 General: Herbicide services shall be performed in accordance with the following specifications and the Herbicide Maps (Attachment 3). The Contractor will receive at least forty-eight (48) hours advance notice before the work start date. Species targeted include woody plants and prickly pear growing in turf and all vegetation growing in rip rap. Targeted vegetation includes, but is not limited to woody vines (grape vine, poison ivy, greenbrier, etc) and woody plants (willow baccharis, mesquite, hackberry, etc).

1.2.1.1.1 Rip Rap on Main Dam Typical target species may include but are not limited to Johnson grass, Willow Baccharis, mesquite, greenbriar, grape vine and poison ivy. All herbaceous and woody plants are targets and should be sprayed. Areas to be treated include rip rap and the paved surface on top of the dam.

1.2.1.1.2 Downstream Grass on Main Dam Typical target species may include but are not limited to Johnson grass, Willow Baccharis, Yellow Starthistle, mesquite, greenbriar, grape vine, poison ivy, and prickly pear. Woody vines, trees, and shrubs as well as cactus are targets and should be sprayed.

1.2.1.1.3 Stilling Basin Typical target species may include but are not limited to Johnson grass, Willow Baccharis, mesquite, greenbriar, grape vine and poison ivy. All herbaceous and woody plants in the rip rap are targets and should be sprayed. Outside of the rip rap, woody plants such as woody vines, trees, and shrubs, are targets and should be sprayed. Herbaceous vegetation will not be targets.

1.2.1.2 Lake Elevation Fluctuation: Changes in lake level or releases may impact areas to be sprayed.

1.2.1.3 Application Conditions: If not in conflict with manufacturer’s recommendations, treatment shall not be permitted when rain is forecast within 24 hours, heavy dew is present, or when wind speed exceeds 10 MPH.

1.2.1.4 Performance Standard: Vegetation kill rate for target species shall be ninety five (95) percent for each scheduled application. Any area not showing “stressed” or dead vegetation within two (2) file://coe-swfa701odcn.swf.ds.usace.army.mil/Common/Contracts/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/YLL34T3X/In%20addition%20to%20complying%20with%20the%20requirements%20outlined%20in%20FAR%20Part%2022.13,%20FAR file://coe-swfa701odcn.swf.ds.usace.army.mil/Common/Contracts/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/YLL34T3X/In%20addition%20to%20complying%20with%20the%20requirements%20outlined%20in%20FAR%20Part%2022.13,%20FAR file://coe-swfa701odcn.swf.ds.usace.army.mil/Common/Contracts/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/YLL34T3X/In%20addition%20to%20complying%20with%20the%20requirements%20outlined%20in%20FAR%20Part%2022.13,%20FAR file://coe-swfa701odcn.swf.ds.usace.army.mil/Common/Contracts/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/YLL34T3X/In%20addition%20to%20complying%20with%20the%20requirements%20outlined%20in%20FAR%20Part%2022.13,%20FAR file://coe-swfa701odcn.swf.ds.usace.army.mil/Common/Contracts/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/YLL34T3X/In%20addition%20to%20complying%20with%20the%20requirements%20outlined%20in%20FAR%20Part%2022.13,%20FAR file://coe-swfa701odcn.swf.ds.usace.army.mil/Common/Contracts/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/YLL34T3X/In%20addition%20to%20complying%20with%20the%20requirements%20outlined%20in%20FAR%20Part%2022.13,%20FAR file://coe-swfa701odcn.swf.ds.usace.army.mil/Common/Contracts/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/YLL34T3X/In%20addition%20to%20complying%20with%20the%20requirements%20outlined%20in%20FAR%20Part%2022.13,%20FAR file://coe-swfa701odcn.swf.ds.usace.army.mil/Common/Contracts/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/YLL34T3X/In%20addition%20to%20complying%20with%20the%20requirements%20outlined%20in%20FAR%20Part%2022.13,%20FAR file://coe-swfa701odcn.swf.ds.usace.army.mil/Common/Contracts/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/YLL34T3X/wtc.army.mil/modules/employers/index.html%20Hiring%20Our%20Heroes%20initiative http://www.uschamberfoundation.org/hiring-our-heroes%20Guide%20to%20Hiring%20Veterans http://www.whitehouse.gov/sites/default/files/docs/white_house_business_counc http://www.whitehouse.gov/sites/default/files/docs/white_house_business_counc weeks after initial application shall be re-treated at the Contractor’s expanse. Chemicals applied must be of proper strength to prevent killing or “browning” only the exposed portion of plants and have sufficient residual action to prevent re-growth for up to two (2) months. Payment will not be made until minimum results have been achieved.

1.2.1.5 Traffic Regulations and Safety: The Contractor and employees shall comply with all state and local traffic laws. The Contractor shall comply with all pertinent provisions of the Corps of Engineers Manual, EM 385-1-1, Safety and Health Requirement Manual.

1.2.1.6 Maps: Herbicide Maps are provided in Attachment 3 and indicate the approximate areas where services shall be performed. Due to the large scale of service areas, actual boundaries on-site may not be discernible from the maps and delineation on-site by the Government will govern.

1.2.1.7 Reports: The Contractor shall prepare and submit Daily Activity Reports and Quality Control Reports.

1.2.2 Sustainability Requirements: The Contractor shall meet the recycled content requirements set forth by the EPA. Information and list of EPA-designated products may be found at http://www.gsa.gov/portal/content/105366. In addition, the contractor shall meet the BioPrefered Program requirements set forth by the USDA. Information and list of USDA-designated product categories may be found at (http://www.biopreferred.gov/BioPreferred/faces/Welcome.xhtml).

1.3 Period of Performance: This contract will have a base year of 12 months from 1 January 2020 to 31 December 2020. Option 1 will be 1 January 2021 to 31 December 2021. Option 2 will be 1 January 2022 to 31 December 2022.

Herbicide Schedule April 30

August 31

1.4 General Information

1.4.1 Quality Control The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The Quality Control Plan (QCP) will be submitted to the Government at the pre-work conference for review. After acceptance of the quality control plan the contractor shall receive the Contracting Officer’s acceptance in writing of any proposed change to his QC system.

1.4.2 Quality Assurance: The Government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. 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 rate(s).

1.4.3 Government Holidays: Contractor will not be allowed to work on holidays.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day http://www.gsa.gov/portal/content/105366 http://www.biopreferred.gov/BioPreferred/faces/Welcome.xhtml

1.4.4 Hours of Operation: Work hours will be from 8 am to 4:30 pm, Monday through Friday. Due to the heavy usage of the areas by the public over the weekends and holidays, no work will be performed on Saturdays, Sundays or Holidays.

1.4.5 Place of Performance: The work to be performed under this contract will be performed at Canyon Lake, Texas.

Area Herbicide Acres

Rip Rap on Main Dam 19 Downstream Grass on Main Dam 47

Stilling Basin 2

1.4.6 Type of Contract: The government will award a Firm Fixed Price Contract. All payments shall be made based on line item pricing for the contract base and any option years, as submitted by the Contractor and accepted at contract award. Payment will not be made until minimum results have been achieved.

Invoices shall be submitted to the issuing Project Office and per Attachment 2, “deliverables.”

1.4.7 Security Requirements:

1.4.7.1 Physical Security: The contractor shall be responsible for safeguarding all Government equipment, information and property provided for contractor use. All access gates must be closed and locked when entering or leaving an area.

1.4.7.2 Key Control The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

1.4.7.2.1. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.4.7.2.2 Lock Combinations The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

1.4.7.3 Access and General Protection/Security Policy and Procedures: All Contractor and all associated sub-contractor’s employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection

Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

1.4.7.4 For Contractors Who Do Not Require CAC, But Require Access to a DoD Facility or Installation: Contractor and all associated sub-contractor’s employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

1.4.7.5 Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something): The Contractor and all associated sub-contractor’s employees shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity.

This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the Lake Manager NLT 5 calendar days after the completion of the training.

1.4.7.6 All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

1.4.7.7 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 Lake POC 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.

1.4.8 Special Qualifications:

1.4.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer 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. These meetings shall be at no additional cost to the Government.

1.4.10 Contracting Officer Representative (COR): Not Applicable. Lake POC will monitor all technical aspects of the contract and assist in contract administration. The lake POC is not authorized to change any of the terms and conditions of the contract.

1.4.11 Contractor Key Personnel: The following personnel are considered key personnel by the Government: Contractor, field supervisor, and QC personnel. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the

Contracting Officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.4.12 Identification of Contractor Employees:

“Identification of Contractor Employees in the Federal Workplace (Aug 2008):

(a) The contractor shall provide each of its employees who will be involved in the performance of the contract, on a Government facility, with an identification (ID) badge. The ID badge shall clearly display the contractor’s name and the employee’s name and color photograph. The Contracting Officer or his/her designee shall approve the ID badge before the commencement of contract performance. It is the contractor’s responsibility to ensure that all contractor personnel wear the ID badge at all times when performing work under this contract at a Government facility. Unless otherwise specified in the contract, each contractor employee shall wear the ID badge in a conspicuous place on the front of their clothing and above their waist, except when safety or health reasons prohibit such placement. This requirement is in addition to any Government facility security provisions that require that a Government-issued security badge also be worn.

(b) Contractor personnel shall clearly identify themselves to all attendees as a contractor employee before the commencement of meetings with Government or other contractor personnel. Contractor personnel shall clearly and immediately identify themselves as a contractor employee when placing, answering or participating in telephone/VTC conversations with Government or other contractor personnel.

(c) When contractor personnel send e-mail messages from or to a Government-owned computer, they shall include a signature block that includes their employer’s name and the employee’s full name and e-mail address.

(d) Each of the requirements set forth in paragraphs a-c above, must be included in all subcontracts at any tier.”

1.4.13 Contractor Travel Not Applicable

1.4.14 Data Rights Not Applicable

1.4.15 Organizational Conflict of Interest: Not Applicable

1.5. GOVERNMENT FURNISHED ITEMS AND SERVICES:

1.5.1 Facilities: Not Applicable

1.5.2 Equipment Not Applicable

1.5.3 Materials Not Applicable

1.6 CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

1.6.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract.

1.6.2 Equipment: The Contractor shall provide all equipment in order to herbicide areas successfully. All equipment used to perform work under this contract must be in good operating and mechanical condition and comply with the Safety Manual. Vehicles used by the Contractor will be identified. The Contractor shall ensure leaking and unsafe equipment is repaired immediately and shall be responsible for containment and cleanup of leaks. If a tractor is to be used on the embankment, it must meet certification of being able to work on a 27% slope. If a UTV or ATV is to be used, no such certification is required.

1.6.3. Materials: The Contractor shall provide all chemicals or other materials needed to complete the work. A water source will be available to fill tanks.

1.6.4 Certificated Applicators Requirement

1.6.4.1 State certified applicator(s) shall conform to all applicable Texas Department of Agriculture rules and regulations as contained in the latest revision of the Texas Herbicide Law and Regulations and/or the Texas Herbicides on Lands and Waters Located Within the State of Texas, inclusive of Federal projects lands and waters.

1.6.4.2 Certified applicator(s) shall hold at least the minimum amount of liability insurance coverage as required by the Texas Department of Agriculture when conducting herbicide control work on the aforesaid areas. Contractor shall hold and save the United Sates free from claims that may occurred from the control operations carried out under this contract at this Federal Reservoir Project.

1.6.4.3 Certified applicator(s) shall explicitly follow all product label requirements during the transported, mixing, spraying, and disposal of herbicides during the work contract period.

1.6.4.4 Certified applicator(s) shall follow all safety requirements as stated on product label during the work contract period.

1.6.4.5 Certified applicator(s) shall insure the disposal of excess herbicides, herbicide containers, contaminated clothing, and other disposal materials involved in the transport, mixing, and application of herbicides shall be made off Federal Government lands and waters in an approved disposal site.

1.6.4.6 A copy of the applicators certification shall be submitted to the Government at the pre-work conference, and will become part of the contract documents.

1.6.4.7 Contractor shall maintain records of all herbicide applications. The Contractor shall submit an annual record of any application of a specific restricted-use or state-limited-use herbicide or regulated herbicide, during execution of this contract. Reports shall contain all information required by the regulatory agency overseeing the applicator’s license. The Contractor shall keep records required under this section for a period of two years from the date of application or per the requirements of the regulatory agency.

1.7 CONTRACTOR MANAGEMENT REPORTING (CMR): Not applicable.

1.8 APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

1.8.1 The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures to include the Safety and Health Requirements Manual (EM 385-1-1).

1.9 Attachment/Technical Exhibit List:

1.9.1 Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

1.9.2 Attachment 2/Technical Exhibit 2 – Deliverables Schedule

1.9.3 Attachment 3/Technical Exhibit 3 – Maps

Attachment 1

TECHNICAL EXHIBIT 1

Performance Requirements Summary

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

Standard Performance Threshold

Method of Surveillance

Task # 1.

The contractor shall treat rip rap to kill all herbaceous or woody vegetation in rip rap in accordance with industry standards, Manufacturer’s label instructions and the licensing requirement of the State of Texas Department of Agriculture. Refer to section 1.2.1 of this PWS.

Treatment shall kill a minimum of 95% of the vegetation in the areas. Any area that is not showing “stressed” or dead vegetation within two weeks after initial application shall be re-treated at contractor’s expense.

Treatment shall result in 100% coverage of the designated area. A minimum of 95% vegetation kill shall be the result in the treated area.

Payment will only be made after minimum results have been achieved.

The 100% inspection method will be used to monitor all contract services.

Inspections will be performed by the QAR or designated Government Representative.

Task # 2 The contractor shall treat downstream grass on main dam to kill all woody vegetation and cactus in accordance with industry standards, Manufacturer’s label instructions and the licensing requirement of the State of Texas Department of Agriculture. Refer to section 1.2.1 of this PWS.

Treatment shall kill a minimum of 95% of the vegetation in the areas. Any area that is not showing “stressed” or dead vegetation within two weeks after initial application shall be re-treated at contractor’s expense.

Treatment shall result in 100% coverage of the designated area. A minimum of 95% vegetation kill shall be the result in the treated area.

Payment will only be made after minimum results have been achieved.

The 100% inspection method will be used to monitor all contract services.

Inspections will be performed by the QAR or designated

Task # 3 The contractor shall treat selected areas for Yellow Starthistle in accordance with industry standards, Manufacturer’s label instructions and the licensing requirement of the State of Texas Department of Agriculture. Refer to section 1.2.1 of this PWS.

Treatment shall kill a minimum of 95% of the vegetation in the areas. Any area that is not showing “stressed” or dead vegetation within two weeks after initial application shall be re-treated at contractor’s expense.

Treatment shall result in 100% coverage of the designated area. A minimum of 95% vegetation kill shall be the result in the treated area.

Payment will only be made after minimum results have been achieved.

The 100% inspection method will be used to monitor all contract services.

Inspections will be performed by the QAR or designated

Attachment 2

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To Item #1 The Contractor shall be required to submit a formal response package to all Contractor Deficiency Reports (CDR) to address issues of non-conformance to Contract Terms and the Performance Requirements Summary and the Contractor’s plan to prevent re-occurrence.

Formal response is required for each

DD2772, CDR

issued to the Contractor.

One (1) response submission to satisfy all corrective actions of each Contractor Deficiency Report.

The Contractor shall submit responses by hard copy or email.

The Government may provide forms (DD Form 2722) initiated by the Government for Contractor responses as deemed necessary by the KO.

Canyon Lake Project Office 601 COE Road Canyon Lake, TX 78133

Item #2. The Contractor shall submit a valid applicator’s license to cover all aspects of work performed under this contact.

A list of all employees and subcontractor employees along with valid contact information to the COR for approval.

Refer to PWS paragraph 1.6.4

Contractor shall submit within five

(5) calendar days of award and prior to the start of any services.

One (1) copy required and subject to review and approval by the KO or Designated Representative.

The Contractor may submit required documents by hardcopy or email to the lake POC.

Canyon Lake Project Office 601 COE Road

Item #3. The submit Material Safety Data Sheets (MSDS) and an Herbicide Use Plan detailing herbicide types, application methods and rates for each chemical being applied. Refer to PWS paragraph 1.6.4

Forty-eight (48) hours prior to application of herbicide, Contractor will submit the MSDS and Herbicide Use Plan.

One (1) copy required and subject to review and approval by the lake

POC.

The Contractor may submit required documents by hardcopy or email to the lake POC.

Canyon Lake Project Office 601 COE Road

Item #4. Contractor shall submit a

Contractor will submit for review

One (1) copy required and subject

The Contractor may submit required

Canyon Lake Project Office

Deliverable Frequency # of Copies Medium/Format Submit To detailed Quality Control Plan for review and approval by the lake POC.

The plan shall describe the Contractor’s method to insure quality performance to meet the minimum standards required by the PWS, and the PRS. Refer to section 1.4.1 and approval by the lake POC within ten

(10) calendar days of award. The contractor shall be required to submit in writing any proposed changes to a previously approved plan for review and approval of the COR or lake

POC.

to review and approval by the lake POC within ten (10) calendar days of award.

documents by hardcopy or email to the lake POC.

601 COE Road

Item #5. Contractor shall submit an annual report of all herbicide types and quantities used during the execution of this contact during the subject year. This report shall include all information as required by the State of Texas, TCEQ, TDA, or any other licensing authority.

Refer to PWS 1.4.1

Contractor will submit report to the lake within 30 calendar days of the end of year calendar year.

One (1) copy required and subject to review by the lake

POC.

The Contractor may submit required documents by hardcopy or email to the lake POC.

Canyon Lake Project Office 601 COE Road

Item #6. The submit Quality Control Reports upon completion of each line item.

Refer to PWS 1.2.1.7

Lake POC will be notified 1 day following the completion of the work.

One (1) copy will be sufficient to initiate verification of the herbicide application and Government inspection process.

The Contractor may submit required documents by hardcopy or email.

Each shall contain:

(a) Contract number

(b) QC Inspector’s name and area inspected (c ) Line item completed

(d) Chemicals used (e ) Date

(f) Weather, including wind speed and temperature

(g) Start/completion time

Canyon Lake Project Office 601 COE Road

Item #7. Contractor must complete and submit the required I-9 Employment Eligibility Verification Form for each employee.

Refer to section 1.4.6

Verified proof of worked eligibility shall be submitted prior to the first day for work by any employee.

One (1) copy will be submitted to the lake

POC.

The Contractor may submit required documents by hardcopy or email to the lake POC.

Canyon Lake Project Office 601 COE Road

The U. S. Army Corps of Engineers has provided these spatial data as a representation of the various geographic information gathered from multiple sources. These data should be viewed only as a representation of the provided information and should not be used for any other purpose. No guarantee is made by the U. S. Army Corps of Engineers regarding the accuracy or completeness of the data or their suitability for a particular use.Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus

DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community, Esri, HERE, Garmin, © OpenStreetMap contributors, and the GIS user community

Legend

Normal Lake Level

Herbicide Area

1 inch = 28 yards 0 75 150 225 30037.5

Feet

CEWSF-OD-CN

TB Teaschner 1 August 2019

Acreage = 2 acres

Attachment #3 Canyon Lake Herbicide Stilling Basin from multiple sources. These data should be viewed only as a representation of the provided information and should not be used for any other purpose. No guarantee is made by the U. S. Army Corps of Engineers regarding the accuracy or completeness of the data or their suitability for a particular use.Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus

DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community, Esri, HERE, Garmin, © OpenStreetMap contributors, and the GIS user community

Legend

Normal Lake Level

Herbicide Area

1 inch = 222 yards 0 625 1,250 1,875 2,500312.5

Feet

CEWSF-OD-CN

TB Teaschner 1 August 2019

Acreage = 47 acres

Canyon Lake Herbicide Downstream Grass on Main Dam from multiple sources. These data should be viewed only as a representation of the provided information and should not be used for any other purpose. No guarantee is made by the U. S. Army Corps of Engineers regarding the accuracy or completeness of the data or their suitability for a particular use.Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus

DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community, Esri, HERE, Garmin, © OpenStreetMap contributors, and the GIS user community

Legend

Normal Lake Level

Herbicide Area

1 inch = 201 yards 0 570 1,140 1,710 2,280285

Feet

CEWSF-OD-CN

TB Teaschner 1 August 2019

Acreage = 19 acres

Canyon Lake Herbicide Rip Rap Main Dam

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

COMPARATIVE EVALUATION – FAR 13.106-2 (b) (3) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation that provides the best benefit to the Government, price and other factors considered.

Offers will be evaluated by performing a comparative evaluation in accordance with FAR 13.106-2(b)(3) to determine which response represents the “best” as a whole. Comparative Evaluations is the act of comparing two or more offers or quotes in response to the RFQ.

Quotes will be evaluated by performing a direct comparison of one offer with another in a uniform manner to determine which quote provides the Government with what is needed, as identified in the RFQ.

The comparison also performed to compare each offeror to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a response that offers more than the minimum and select that response if it provides a benefit to the Government. The Government has the discretion to accept other than the lowest priced offeror that provides additional benefits.

The Government also has the has the discretion to make an award based on whether the lowest priced of the quotations/offers having the highest past performance rating possible represents the best benefit to the Government.

The following factors shall be used to evaluate offers:

Factor 1: Price Prices for both the base contract and options will be evaluated for fairness and reasonableness through a price analysis that compares the offered prices against each other and the Independent Government Estimate (IGE).

Quotes unrealistically high or low in price, when compared to the Government estimate, and market conditions evidenced by other competitive quotes received, may be indicative of an inherent lack of understanding of the solicitation requirements and may result in quote rejection without discussion. Award shall not be made to an Offeror’s quote for goods or services that is found to be unbalanced and/or unreasonably low or high.

Factor 2: Past performance Past Performance Questionnaire forms provided in the solicitation shall be completed and submitted as specified in the Instructions to Offerors. They will be evaluated to assess the degree of confidence the Government has in an Offeror's ability to supply products and services that meet users' needs based on a demonstrated record of recent and relevant work similar to the work described in this solicitation. Recent or relevant work is defined as similar work within the past four (4) years.

The Contracting Officer shall deem the offeror non-responsive if they fail to provide recent and relevant past performance prior to award IAW FAR 52.212-1(b)(11). The offeror must submit a PPQ with a satisfactory or higher rating to be deemed eligible for award.

The Government reserves the right to evaluate past performance based on such information as the contracting officer’s knowledge and previous experience with the item or service being purchased, customer surveys, or other reasonable basis, without the existence of a formal database.

Factor 3 – Technical Approach and Understanding of the Work This factor considers whether the Offeror demonstrates an understanding of the complexity and magnitude of requirements set forth in the Performance Work Statement. At a minimum, the quote shall include a brief narrative (conceptual work plan) that clearly demonstrates an understanding of the requirements of the solicitation. The narrative shall address how the Offeror will perform, develop and implement the work plan.

Submission Requirements:

At a minimum, the quote for this factor shall include a brief narrative (conceptual work plan) that clearly demonstrates an understanding of the requirements of the solicitation. The narrative shall address:

1. Work in terms of coordination with outside agencies, contractors, and government personnel to ensure safety and compliance with federal and state regulations as related to performance requirements in an efficient manner.

2. Offeror will demonstrate how to manage resources at the work sites during herbicide applications (weekdays).

3. How the contractor will prevent rework, and if rework is necessary how it will be addressed

4. Resources (to include management and administrative) to perform requirements of the Performance Work Statement (PWS)

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons JAN 2019 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

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

MAY 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

(a) Definitions. As used in this clause--

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR

52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The…