B.08.02 combined snyopsis solicitation.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information in this notice. This announcement constitutes the only solicitation, quotes are being requested and a written solicitation will not be issued .

. ***Please read these instructions carefully.***.

Solicitation number W9127S22Q0009 is issued as a request for quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-03.

Set Aside, NAICS Code & Size Standard: No set aside is used, this solicitation is unrestricted. The NAICS Code for this project is 561730.

Description of requirements for the items to be acquired: The Contractor shall provide the appropriate labor, materials, equipment, transportation, tools and oversight and non-personal services necessary for the work being performed on each task order to conduct aquatic vegetation management activities on Corps owned lands and water resources in the MKARNS-Pool 2 as defined in this Performance Work Statement except for those items specified as government furnished property and services. The locations may be remote, require long distance travel in adverse conditions and may require travel via water or land conveyances to work areas. The contractor shall perform to the standards in this contract.

Date(s) and place(s) of delivery and acceptance and FOB point:

Base Year: 15 March 2022, or date of award, whichever is later through 28 February 2023

Option Year 1: 01 March 2023 through 29 February 2024

Option Year 2: 01 March 2024 through 28 February 2025

FOB Destination. 4305 Charles Wooden Road Pine Bluff AR, 7160.

Pool 2 is delineated as the impounded areas and associated tributaries of the MKARNS between river mile 13.3 and 50.2 and that portion of the Arkansas River from the confluence of the Arkansas Post Canal and Wilbur D. Mills Dam 2.

Site Visit Information:

When: March 2nd at 10:00 am Where: Arkansas Post Field Office 35 Wild Goose Ln. Tichnor, AR 72166

The provision at 52.212-1 (Deviation), Instructions to Offerors -- Commercial, applies to this acquisition . Offerors are also required to submit a completed copy of the Request for Quotation cover page and a completed copy of the quote schedule, and Technical Evaluation Outlined in Submission requirements outlined in 52.212-2.

The provision at 52.212-2, Evaluation -- Commercial Items, is applicable to this solicitation.

Offerors are required to include a completed copy of the provision at 52.212-3 Alt I, Offeror Representations and Certifications -- Commercial Items, with its quote.

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

The clause at 52.212-5 (Deviation), Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. Please see the Clauses Incorporated By Reference section for additional FAR Clauses applicable to this acquisition.

Quotes are due on March 10 th at 1:00 PM CST. Email submission of quotations are preferred m .pdfform, however Fax or Mail submissions are allowed.

Required Documents to Submit:

1. Request for Quotation cover page (signed)

2. Completed (filled in) Provisions, as applicable

3. Quote Schedule with unit prices and total prices.

4. Technical Evaluation outlined in 52.212-2

5. Signed Amendments, if applicable

When submitting your quote, be please make sure the solicitation number, W9127S22Q0009, is written in the subject line or on the outside of the envelope.

Email: Shelby .m.henson@usace.army.mil

Fax: (501)340-5196

If sending by mail, please submit your quotes to the following address:

US Army Corps ofEngineers, Little Rock District Contracting Division, Attention: Shelby Henson 700 West Capitol Avenue, Room 7315 Little Rock, AR 72201

If you have any questions regarding this solicitation, please contact:

Shelby Henson 501-340-1249 Shelby.m.henson@usace.army.mil

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government DEC2021

(JUN 2020) -- Alternate I 52.203-19 Prohibition on Requiring Certain Internal Confidentiality JAN2017

Agreements or Statements 52.204-7 System for Award Management OCT2018 52.204-10 Reporting Executive Compensation and First- Tier JUN2020

Subcontract Awards 52.204-13 System for Award Management Maintenance OCT2018 52.204-14 Service Contract Reporting Requirements OCT2016 52.204-15 Service Contract Reporting Requirements for Indefinite- OCT 2016

Delivery Contracts 52.204-16 Commercial and Government Entity Code Reporting AUG2020 52.204-18 Commercial and Government Entity Code Maintenance AUG2020 52.204-19 Incorporation by Reference of Representations and DEC2014

Certifications.

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-25 Prohibition on Contracting for Certain Telecommunications DEC2021 and Video Surveillance Services or Equipment 52.209-9 Updates of Publicly Available Information Regarding OCT 2018

Responsibility Matters 52.209-10 Prohibition on Contracting With Inverted Domestic NOV 2015

Corporations 52.212-1 Instructions to Offerors-- Commercial Products and DEC2021

Commercial Services 52.212-4 Contract Terms and Conditions-- Commercial Products and DEC2021

Commercial Services 52.217-5 Evaluation Of Options JUL 1990 52.219-4 Notice of Price Evaluation Preference for HUBZone Small SEP 2021

Business Concerns 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Small Business Subcontracting Plan (Deviation 2013-00014) SEP 2013

DEVIATION

52.222-3 Convict Labor JUN2003 52.222-21 Prohibition Of Segregated Facilities APR2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN2020 52.222-37 Employment Reports on Veterans JUN2020 52.222-41 Service Contract Labor Standards AUG2018 52.222-43 Fair Labor Standards Act And Service Contract Labor AUG2018

Standards - Price Adjustment (Multiple Year And Option Contracts)

52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION JAN 1997

a. What equipment will be used.

b. Provide detailed personnel information of employees who will perform this contract.

Details shall describe if employees performing work under this contract will be employees already on staff, and whether these will be local personnel or bringing in personnel from out of region/state to perform the work. List specifics on training and experience for employees. All Equipment and Staffing identified shall be able to respond within 48 hours of notification to begin work activities.

2. Past Performance. Provide a written narrative - such as a bullet list or outline of three examples of similar contracts performed that reflects recent and relevant experience that demonstrates an ability to perform the work in accordance with the PWS. Recent and relevant work is defined as similar work within the past four ( 4) years. At a minimum, the offeror should provide the following information for each example:

a. Client

b. Description of Work Performed

c. Contract Value

d. Period of Performance

The offerors quotation will be evaluated to determine the extent that it demonstrates a familiarity with performing services of a scope and price like those to be acquired in this solicitation

In addition, The Government will query the Contractor Performance Assessment Reporting System (to include ACASS, CCASS, and CP ARS) to validate past performance ratings on Department of Defense contracts and any other past performance information the Government deems necessary to evaluate a contractor's past performance. Previous history of performance on DoD contracts is not a requirement for consideration of offer.

3. Price. The Government will perform a price analysis after completion of technical evaluations.

Price analysis will be performed in accordance with FAR 15.404-1, to determine completeness, reasonableness, and understanding of the work. The evaluation will determine the adequacy of the offer in fulfilling the requirements of the proposal. Completeness addresses the extent to which the elements of the price proposal are consistent with the requirements of the RFP.

Reasonableness will be established using historical price information, price competition information, the IGE, and any other pricing tools necessary. Price will not be rated but will be a factor in making the final best value determination for award.

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 proposal in response to the RFP.

Proposals are evaluated by performing a direct comparison of each offer to one another in a between a delivery order or task order and this contract, the contract shall control.

( c) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

( d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order$1,323,036.00. The Contractor is not obligated to honor -

(1) Any order for a single item in excess of$429,000.00;

(2) Any order for a combination of items in excess of $441,012.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

( c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

( d) Notwithstanding paragraphs (b) and ( c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b ), unless that order ( or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT

This is an ID/IQ contract utilizing Firm-Fixed-Unit prices. Task Orders will be issued IAW with FAR 16.5.

QUANTITIES

The tabulated quantities are estimates only and are provided for informational and evaluation purposes only. Task orders may be issued for any quantity for any bid item as long as the cumulative dollar value of all task orders under the contract does not exceed the MAXIMUM CAP A CITY on the entire contract.

IDIQ CAPACITY: Each task order will decrease the remaining capacity.

MINIMUM GURANTEE

The guaranteed minimum is $2,500.00 for the basic period only. There is no guaranteed minimum for the option periods, if exercised.

Task Order 0001 will satisfy the guaranteed minimum in accordance with AFARS 5116.504(a)(l)

MAXIMUM CAPACITY: The maximum capacity not to exceed for each option year is

$441,012 and the overall contract maximum capacity is not to exceed $1,323,036.00

OPTIONS:

The contract options will be exercised annually and are not affected by the quantities ordered.

The current year's option pricing will be in effect for that option year and will be utilized when issuing task orders.

PAYMENT

The contractor will only receive payment for work performed to the government's satisfaction.

The price for unused funds for work not performed will be de-obligated from the task order.

PERFORMANCE

WORK STATEMENT

AQUATIC VEGETATION MANAGEMENT

MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION SYSTEM

POOL 2

US ARMY CORPS OF ENGINEERS

LITTLE ROCK DISTRICT

ARKANSAS POST FIELD OFFICE

AQUATIC VEGETATION MANAGEMENT

MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION SYSTEM (MKARNS)

POOL 2

PART 1

GENERAL INFORMATION

1 General: This is a non-personal services performance-based contract to provide for aquatic vegetation management for the McClellan-Kerr Arkansas River Navigation System. 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 the appropriate labor, materials, equipment, transportation, tools and oversight and non-personal services necessary for the work being performed on each task order to conduct aquatic vegetation management activities on Corps owned lands and water resources in the MKARNS-Pool 2 as defined in this Performance Work Statement except for those items specified as government furnished property and services. The locations may be remote, require long distance travel in adverse conditions and may require travel via water or land conveyances to work areas. The contractor shall perform to the standards in this contract.

1.2 Background: The McClellan-Kerr Arkansas River Navigation System, MKARNS, is a multipurpose project and was developed for commercial towing traffic, flood damage reduction, hydropower, recreation, and water supply. The MKARNS encompasses the Arkansas River, White River, Arkansas Post Canal, and associated impoundments from the mouth of the White River at its confluence with the Mississippi River at river mile 0; to the last navigable port in Catoosa, OK at approximately river mile 445. The services provided under this contract will only be applied to aquatic vegetation that negatively impacts the governments authorized purposes in and around Pool 2 and all associated structures, facilities, and operations. Pool 2 is delineated as the impounded areas and associated tributaries of the MKARNS between river mile 13.3 and 50.2 and that portion of the Arkansas River from the confluence of the Arkansas Post Canal and Wilbur D. Mills Dam 2.

1.3 Objectives: Aquatic Vegetation Management in the form of chemical application, shall be used to terminate and control aquatic invasive species in specified areas in accordance with the specifications of this performance work statement. Below is the list of contract line items and their specifications. Additional specifications can be found in this contract.

1.3.1 Chemical Application-Watercraft: Watercraft application of chemicals to aquatic vegetation may require, but not be limited to, the use of watercraft such as airboats, flat bottom boats, or any other type of vessel that meets the safety requirements of this contract the contractor can use to effectively apply chemicals to vegetation in target areas. Watercraft spraying may be applied to invasive vegetation in open water, shallow wetlands, near shore, and amongst native species of aquatic plants, trees, and stumps. Aquatic herbicide must be applied when plants are actively growing, and results must kill or destroy the targeted invasive plants. A 95% kill rate must be achieved without negatively impacting native species.

1.3.2 Chemical Application-Terrestrial: Land-based chemical application will be used when labor crews can access aquatic work sites from ordinary land conveyance vehicles such as ATV’s, UTV’s, ORV’s, pickup trucks, tractor, or any other approved land conveyance vehicle that meets the safety and performance requirements of this contract to effectively spray vegetation in target areas. Typical target areas may include shorelines, near shore waterways, boat ramps, and navigational structures. Aquatic herbicide must be applied when plants are actively growing, and results must kill or destroy the targeted invasive plants. A 95% kill rate must be achieved without negatively impacting native species. Note: Equipment must be able to effectively spray a minimum of 40’ under this CLIN.

1.4 Scope: The Contractor shall furnish all necessary management, supervision, inspection, personnel, materials, supplies, parts, tools, equipment, fuel, transportation, and vehicles, except as otherwise provided for herein, necessary to assure that all services are performed in accordance with the contract specifications, drawings, exhibits, and all applicable laws, regulations, codes, or directives.

1.5 Period of Performance: The period of performance shall be for one (1) Base year up to 12 months and two (2) 12-month option years as follows. The period of performance shall begin when the notice to proceed has been given by the Government. The Contractor shall have a 15-day period from issuance of work order to complete the job with the exception of weather delays, holidays, and/or weekends. Any other delays will be given or approved by a government representative.

Base Year: 15 March 22 or date of award whichever is later through 28 February 2023 Option Year I: 01 March 2023 through 29 February 2024 Option Year II: 01 March 2024 through 28 February 2025

1.6 Quality Control (QC): In order to assure that the desired level of performance of a service is achieved, the contractor shall establish and implement a quality control plan to ensure contract compliance, establish procedures for inspection and monitor and control the quality of the service. The QC Plan shall include the identification of all contractor personnel, organizational structure, lines of authority and services to be performed. Contractor shall provide a Daily Quality Control Inspection schedule to the Government Representative to determine if services meet the contract requirements and specifications. It is the contractor’s responsibility to correct deficiencies and check the consistency of quality throughout each service, and the plan shall outline whatever actions the contractor deems necessary to provide contract standards for quality control throughout all areas of responsibility.

The Quality Control Plan shall be submitted to the COR at the MKARNS Arkansas Post Field Office. An electronic copy of the plan must be submitted and accepted within 2 weeks of award of the contract. Revisions of the QCP shall be submitted to the COR within 5 working days when changes are made thereafter. After acceptance of the quality control plan the contractor shall receive the COR’s acceptance in writing of any proposed change to his QC system.

A. Contractor Quality Control Plan (CQCP): The contractor shall assume full responsibility for the quality of all services performed under this contract. The contractors’ quality control plan shall provide an effective level of quality control to ensure that all services are performed in accordance with the specifications and requirements, instructions, provisions, drawings and maps herein, of this contract. The contractor shall establish and implement procedures to identify, prevent, and ensure non-recurrence of defective services. Reference Technical Exhibit 3.

CQCP Contents: Contractors Quality Control Plan shall include, as a minimum, the following items:

1. Contractor organizational structure

2. Contractor personnel and qualifications

3. Work schedule

4. Submittals schedule

5. Inspection requirements and schedule

6. Contractors Quality Control Procedures

7. Documentation of quality control activities

8. Requirements for corrective action when quality control and/or acceptance criteria are not met.

B. QC Inspection system: An inspection system covering all the services listed on the Performance Requirements Summary, must specify the areas to be inspected on either a scheduled or unscheduled basis, how often inspections will be accomplished, and the name and title of the individual(s) who will perform the inspection. It must specify the methods and procedures for identifying and preventing a cleanup service deficiency before the level of performance has become unacceptable.

C. Daily Quality Control Inspections/Reports: Daily QC inspections shall be conducted by the contractor and corrective action(s) shall be taken to address noted deficiencies observed by QC. A record of all daily inspections conducted by the contractor and necessary corrective action taken shall be prepared. Daily reports shall detail the inspection methods and procedures that were utilized to assure that all required services produced an end product that complies with the Specifications and requirements of the contract. The contractor shall establish a Daily Quality Control Inspection schedule, listing parks/services to be inspected, routes, times, and the person’s name performing the service. The contractor shall provide to the COR a written daily quality control inspection report for each daily service performed. All reports shall be completed daily and submitted on a weekly basis by email, no later than 2:00PM on Friday, to the COR.

The written quality control reports shall contain the following items as a minimum:

a. Contractor's name.

b. Service date, starting time and ending time.

c. Contract, Delivery Order, and Work Order numbers.

d. Statement and description of services performed.

e. Location of services performed.

f. Description of services not performed and reasons for non-performance.

g. Certification Statement that all services performed was in accordance with the specifications.

h. Accidents/damages to Government property.

i. Man-hours worked on Government property.

j. Signature of the contractor's quality control representative.

D. Quality Control Manager: The contractor shall designate in writing a quality control manager with full knowledge of the contract specifications/standards, this individual is required to have a copy of the contract in their possession at all times for referral concerning questions of contractor’s responsibility. The contractors’ quality control manager shall be present and available whenever work is being performed and shall have full authority and power to act for the contractor on items pertaining to overall work performance, management, coordination, and supervision to assure that job performance in each category meets the contract specifications and requirements. Designated individual(s) will be the primary point of contact with the Government Representative for the performance of services and is responsible for communicating all completed services, delays, failures, and remedies in timely manner to avoid an inspection failure that could result in a deduction of payment for that service.

E. 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).

F. Inspections: The contractor’s work will be inspected by the Government Representative within ten (10) days of the time for completing the work as identified in the contractor’s schedule. If the work has not been performed, or has not been performed satisfactorily, the inspector will notify the contractor of that fact within one (1) working day of the inspection. Work may be performed or re-performed within five (5) working days of notice of nonperformance or unsatisfactory performance. A secondary inspection for reapplication work will occur ten (10) days after the work has ended. If the contractor fails to perform or to re-perform work within (5) working days of notice of nonperformance or unsatisfactory performance, the contractor has failed to promptly perform the services again, and the defects cannot be corrected by re-performance. Invoices for payments will not be made for nonperformance or failure to re-perform.

1.7 Hours of Operation: The contractor is responsible for conducting business, between the hours of 7:00 a.m. to 4:30 p.m. Monday thru Friday except on Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons.

The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

A. Recognized Holidays: The contractor shall not work on any of the following Holidays or weekends.

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

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

B. Schedule of Work: The contractor shall submit and obtain approval of required documentation as identified in Technical Exhibit 2 prior to commencing work. The Contractor shall commence work to provide services on the date specified on the written order or within the required start time after receipt of telephone order in emergency situations. Work Order will

Juneteenth indicate areas where services are required. Work shall be completed within the time limits stated on the delivery order, work order, or agreed upon schedule unless previously authorized by the COR. In case of inclement weather, additional workdays may be allowed.

1. The Contractor shall develop a work schedule identifying all contract work and locations. The Contractor shall submit the work schedules to the COR for review and approval prior to beginning work. The Contractor’s schedule shall include all items of work required by the delivery order or work order. It shall set forth the item of work, locations, and the time/date of beginning and completion. The work schedule shall not be changed without the written approval of the COR.

D. Interference Delays: When the Contractor cannot complete services due to construction debris or Government interference, the Contractor shall perform services within reasonable distance of obstruction and report in writing to the COR the reason for failure to complete the service within 24 hours (verbal notification should be made within 4 hours). The report shall identify type of interference, location, and date of interference.

E. Delays In Work: Work delays due to federal holidays, inclement weather, and/or other causes beyond the Contractor’s control will not constitute any requirement not being completed as specified herein. When the Contractor experiences delays due to circumstances beyond his/her control, the Government may allow the Contractor to work additional hours beyond normal duty hours (7:00 a.m. to 4:30 p.m., Monday through Friday) and on non-scheduled days, i.e., federal holidays, and weekends, with prior approval from the COR on a case-by-case basis.

In the event that weather or other conditions, over which the Contractor has no control, prevent the Contractor from completing an item of work as required by these specifications, the Contractor shall notify the COR of such conditions as soon as they arise. The Contractor may request a weather time extension.

1.8 Place of Performance: The services provided under this contract will only be applied to aquatic vegetation that negatively impacts the governments authorized purposes in and around Pool 2 and all associated structures, facilities, and operational features; this may include treatment in areas of Pool 1 if aquatic vegetation disrupts, hampers, or in any instance negatively impacts the operations of Pool 2 and its infrastructure. Pool 2 is delineated as the impounded areas and associated tributaries of the MKARNS between river mile 13.3 and 50.2 and that portion of the Arkansas River from the confluence of the Arkansas Post Canal and Wilbur D. Mills Dam 2. Pool 1 is delineated as the impounded area and associated tributaries of the MKARNS between river mile 10.3 and 13.3. Each task order will incorporate the place of performance. Site conditions will primarily be waterways within lands owned in fee and managed by the Government. The work locations may be remote, require long distance travel in adverse conditions and terrain, and may require traveling in shallow wetlands and waterways.

1.9 Type of Contract: The Government will award an Indefinite Delivery Indefinite Quantity Contract. This contract type provides a not to exceed (NTE) estimate of the work required to be performed over the contract period. The actual quantities of services ordered under this contract may be significantly less or possibly more than the contract quantity. Estimated quantities and/or the work to be performed are described herein as Contract Line Items (CLINS) and/or listed on separate sheets as Bid Schedules. These quantities are approximate and are provided only for the Contractor's information to assist in preparation of bids. They are not guaranteed, and the actual quantities may be less or more than shown. Variations in these estimated quantities shall not be justification for or request for additional payment.

1.10 Payment: The Contractor shall submit an invoice for completed and approved work.

Deductions shall be made for work not completed or performed. The total number of hours worked, and acreages treated on each task order for the month shall be listed on the invoice.

No payment shall be processed without this information reported. The Contractor will be paid for completed and approved work accomplished after submittal of an invoice (See Technical Exhibit 6). The Contractor will furnish a copy of the invoice to the MKARNS Arkansas Post Field Office at the end of each month during those months worked.

1.10.1 Payment for Chemical Application: The sites shall be inspected and at least 95% effectiveness (as evidenced by dead and dying plants, by stem count) must be achieved. No payment shall be made if less than 95 % effectiveness has been achieved. The contractor shall reapply the products as needed to achieve 95 % effectiveness. Sites re-treated will be inspected after 10 days from reapplications. Any dispute concerning the assessment of effectiveness shall be settled by an independent site inspection by the Little Rock District Pesticide Coordinator or County Extension Services. Task item will be issued and invoiced in one (1) acre units.

1.11 Contractor Exposure Hours: The number of hours worked monthly by the contractor under this contract shall be reported to the COR each month when Contractor submits his monthly invoices. These hours are used to figure man hour/ labor related to lost time accidents by District personnel.

1.12 Lost and Found: All articles found by Contractor personnel to whom a reasonably prudent person would assign monetary, personal, or other value (including possible contraband items) shall be turned in to the COR. The Contractor shall obtain receipts for articles turned in to the

COR.

1.13 Changes to Frequencies or Quantities: The Government reserves the right, should it become necessary, to decrease or increase service frequencies or quantities.

If facilities or portions of facilities are closed due to maintenance, administrative decisions, or any other reason including observed Federal holidays or a government shutdown, work will not be requested, and payment will not be made to the contractor for services not completed prior to the closure.

1.14 Other Contracts: The Government may undertake or award other contracts or have lessees, Government employees, or volunteers performing certain work, and the Contractor shall fully cooperate with such other Contractors, lessees, volunteers and Government employees. The Contractor shall not commit or permit any act that will interfere with the performance of work by another Contractor, by a lessee, by volunteers or by Government employees. The COR can alter the work schedules of the Contractor to avoid possible conflicts.

Any such change or failure to make such a change by the COR shall not be the basis for a claim by the Contractor.

1.15 Title 36- Rules and Regulations: While performing work under this contract, the Contractor and his/her employee’s vehicle operation and conduct shall conform to Title 36, Code of Federal Regulations, and other applicable state regulations. Specifically, no vehicles shall be operated off developed roadways (unless directed to do so), or in excess of posted speed limits and directional signs, or in a careless, reckless, or negligent manner.

1.16 Contractor Travel: Not Applicable

1.17 Other Direct Costs: Not Applicable

1.18 Data Rights: Not Applicable

1.19 PHASE IN /PHASE OUT PERIOD: Not Applicable

1.20 Required Performance Capability: Multiple services may be required on the same day in multiple areas for which the contract work order specifies. The Contractor must have sufficient labor, equipment, and supplies, to perform all specified services in a satisfactory manner on the specified dates.

1.21 Task Order: All work under this contract shall be ordered by issuance of Task Order. The Task Orders shall list those items from the bid schedule that are to be performed or used to perform scopes of work. No work shall be performed without the Contractor receiving a hard copy or soft copy of a Task Order.

1.22 Work Order: Work Orders will be issued upon issuance of a Task Order. Work orders will include site specific areas of work. Work orders may be written or verbal depending upon the complexity and quantities of the Task and Work orders.

PART 2

SECURITY REQUIREMENTS

2.1 No Security Requirements Required

PART 3

DEFINITIONS AND ACRONYMS

3.1 DEFINITIONS:

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

CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note:

The only individual who can legally bind the government.

CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

DEFECTIVE SERVICE. Any service provided by the contractor that does not meet the Performance Standards specified in the Performance Requirements

DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

PERFORMANCE REQUIREMENT (PR). The Government's requirement for each service provided under the contract. The requirements are stated as Performance Standards (PStd), and specify the minimum standard (quality) for each service provided under the contract.

PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

REGULATIONS. The term "regulations" refers to any local, state, or Federal law or regulation applicable to operation or maintenance of the project.

SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

TASK ITEM. Work described in detail in the specifications for services to be provided by the Contractor upon issuance of SF 1449, Delivery Order. The Contractor must perform work to the specified specifications for the amount listed in the pricing item for that service. The price amount is the total reimbursement by the Government for the Contractor providing the service.

WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.

3.2 ACRONYMS:

AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial Off the Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center

DOD Department of Defense EPA Environmental Protection Agency FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs OSHA Occupational Health and Safety Administration PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program QDR Quality Deficiency Report TE Technical Exhibit

PART 4

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

4.1 Contracting Officer Representative (COR): The (COR) will be identified by separate letter.

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

4.2 Services: N/A

4.3 Facilities: N/A

4.4 Utilities: The Government will provide water for mixing herbicides. Water may be obtained from park/project supplied water sources. All hoses or fixtures used to obtain water from any source must have anti-siphon devices. The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish proper mix for chemicals and cleaning vehicles and equipment.

4.5 Equipment: N/A

4.6 Materials: The Government will provide any Department of Defense forms required by the Government to be used under this contract.

PART 5

CONTRACTOR FURNISHED ITEMS, SERVICES AND RESPONSIBILITIES

5.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 4 of this PWS.

5.2 Equipment: The Contractor shall furnish all vehicles, transportation, equipment and operators, supplies, tools, materials and parts necessary to accomplish all required services.

Contractor shall provide spraying equipment in good working condition, free of leaks, and properly calibrated. Equipment shall be adequate to apply herbicides to all specified targets and acreages at recommended rates and volumes. All Contractor furnished items shall meet all applicable Federal, State and local laws or regulations. Contractor shall supply a list of all equipment to be used to the COR (Reference Technical Exhibit 2: Deliverables Schedule).

5.3 Maintenance and Repair: The Contractor is responsible for maintenance and repairs of his/her equipment and shall keep available normal repair and replacement parts. The Contractor shall maintain all equipment in safe operable condition, at no additional cost to the Government.

Upon request, the contractor shall present equipment to the COR for inspection. All equipment brought to the project shall be subject to inspection by the COR. If so requested, the COR shall establish the time and location for these inspections. The contractor shall not perform repairs and or maintenance on Corps property.

5.4 Permits and Licenses: The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any and all applicable federal, state and municipal laws, codes, regulations, ordinances and any subsequent changes in connection with performance of the work.

5.5 Daily Communications: The Contractor shall provide a sufficient means of communications between the Contractor and his employees for routine and emergency purposes. The Contractor shall have telephone service for his/her point of contact so they may be reached at any time without having to leave a message at a business or residence. Contractor shall provide telephone number to the COR.

The Contractor must communicate daily with the designated Government representative assigned to this contract between the hours of 8:00 and 9:00 a.m. Monday through Friday, excluding Federal Holidays while work is being performed. Communications shall cover work accomplished, ongoing work and issuance of new work orders and/or delivery orders and types of chemicals to be used in specific areas. Daily communication is extremely important and must be either by telephone or E-mail, although in person visits may be required in order to exchange or discuss paperwork associated with the performance of this contract

The COR may, at his/her discretion, advise the Contractor of the geographical areas or specific waterways that require attention, and if so, then the Contractor shall write his/her spray plan in accordance with that guidance. If the COR does not provide guidance for areas requiring attention, then the Contractor shall make his/her own determination as to which areas to spray.

Note that a determination by the COR of a geographical area does not constitute an assignment of work, as the order of work within the area is still at the discretion of the Contractor, subject to approval of the plan. The Contractor shall provide a weekly work plan to the COR, outlining proposed operations for the following week. The plan shall list not only areas of coverage, but also methods of application (including type of boat to be used), and the specific herbicide to be used. The COR shall review the spraying plan and may recommend changes to the plan if he or she deems it necessary. The Contractor shall not perform spraying operations under the work plan until the COR has approved the plan.

5.6 Reporting: Contractor will provide “Application Record” at the conclusion of a work order and prior to payment for work completed. This report will include date, location description, target vegetation, trade name, EPA Class, EPA Registration, total estimated quantity (Pints or Gallons) and acreage per herbicide type. In this report the breakdown of the application mix will need to be identified.

5.7 Special Training and Qualifications: The contractor shall be knowledgeable and properly trained for the use of broadcasting and spraying herbicides. Each sprayer shall be certified in EPA Category 5A, Aquatic Pest Control, holding a valid Commercial Herbicide Applicator's certification from the State of Arkansas or a state which has a reciprocal agreement with the State of Arkansas. The Contractor shall provide the COR with a current list of certified employees, copies of their certification, and if necessary, a copy of the State of Arkansas’ approval of reciprocity before those employees perform any spraying operations. The Contractor shall, at his/her own expense, obtain any licenses or permits required to perform the contract. The Contractor shall comply with all current federal , state, and local laws and regulations and shall comply with any subsequent changes.

5.7.1 Off-road Vehicles and Equipment Operation: The Contractor staff shall be trained and prepared to operate vehicles and equipment off pavement or other improved surfaces. The nature of the work covered in the PWS requires safely navigating and traversing equipment to remote locations with minimal adverse impacts to the environment. There also may be cases where the equipment will need to be used on steep slopes near water.

5.8 Special Considerations: This contract contains special considerations.

5.8.1 Equipment Cleaning: Contractor will ensure that prior to mobilization, staging and use on Corps lands, all equipment is cleaned and free of debris, dirt and plant residue to reduce and or prevent the spread of invasive species on Government property. Cleaning protocols include cleaning all equipment surfaces, including but not limited to undercarriage, tires, and sheet metal, to ensure that soil, vegetative debris, eggs, mollusks, larvae, seeds, and vegetative propagules are not transported from a previous work location to this project nor transported from this project site to another project site. The Contractor may use any method accepted by the Government; a common accepted method would be pressure washing or soap and water washing of equipment. Cleaning protocols should address clothing and personal protective equipment. Prior to the commencement of work, the Contractor shall complete and provide a supplemental section to the QCP to prevent the transfer of invasive species on/off the project site to the COR for approval. The prevention of transfer of invasive species supplement shall identify specific cleaning procedures and sites/locations to conduct cleaning activities and inspections. Cleaning protocols may vary depending upon the nature of the project site. It will be the responsibility of the Contractor to inspect all equipment prior to work commencing at the project site, as well as inspecting equipment when it will be transported off the project site. The Contractor shall be diligent of this issue even when working on multiple project sites at the same time. Work delays due to the fault and/or negligence of the Contractor or the Contractor’s failure to comply with this specification shall not be compensable.

5.8.2 Adjacent Property: A majority of the adjoining private property surrounding the work area is used for agriculture. Special care and precautions must be used when using chemical treatment methods under this contract. Pool 2 (Merrisach Lake) has several pumping facilities that utilize the lake water for agricultural irrigation. It is highly encouraged the contractor pay close attention to any irrigation restrictions on the chemical label and the specific crop type that has been planted in any adjacent fields. The Government is not responsible for any damages caused by contractor activities that fail to follow chemical label irrigation or proximity drift/overspray restrictions.

5.8.3 Fish and Wildlife Resources: Contractor must adhere to chemical label restrictions for fish and wildlife resources of the aquatic treatment areas. Recreational and commercial fishing and wildlife harvesting occurs in and adjacent to the work areas.

5.9 Experience and Skills. The Contractor shall provide sufficient employees to operate all equipment to accomplish the required work. The Contractor shall provide personnel who are experienced and who demonstrate proficiency in the skills required to perform the work required.

5.10 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…