23Q0007 Amendment.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to add an additional CLIN to the base year.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 4

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

16C. DATE SIGNED

BY

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W9127S23Q0007

X 9B. DATED (SEE ITEM 11)

01-Dec-2022

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

U0001

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

6. ISSUED BY

3. EFFECTIVE DATE

CODE

CONTRACTING DIVISION

USACE, LITTLE ROCK (W9127S)

700 W. CAPITOL AVE, RM 7315

LITTLE ROCK AR 72201-3225

W9127S 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9127S23Q0007

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

UPDATED BID SHEET

Bid Sheet MKARNS, Lake Dardanelle, and Ozark Lake Timberstand Improvement, Habitat Maintenance, and Herbicide Application Scope of Work.

The Contractor will furnish all labor, necessary supplies, materials, and equipment required to perform timberstand improvement, habitat management, and herbicide application on MKARNS, Lake Dardanelle, and Ozark Lake.

Base Period (January 1, 2023 through December 31, 2023) Item Description # Acres Bid Per Acre Total Bid 0001 Lake Dardanelle Aerial Herbicide 40 __________ ____________ 0002 Lake Dardanelle Ground Herbicide 100 __________ ____________ 0003 Lake Dardanelle Prescribed Burning 100 __________ ____________ 0004 Lake Dardanelle Timberstand Improvement 60 __________ ____________ 0005 Lake Dardanelle Hardwood Planting 25 __________ ____________ 0006 Lake Dardanelle Mowing 100 __________ ____________ 0007 Lake Dardanelle Levee Mowing 257 __________ ____________ 0008 Ozark Lake Prescribed Burning 80 __________ ____________ 0009 Ozark Lake Timberstand Improvement 60 __________ ____________ 0010 Ozark Lake Mowing 50 __________ ____________ 0011 MKARNS Invasive Species Basal Bark Herbicide 60 __________ ____________ Base Period Total Bid ____________ First Option

(January 1, 2024 through December 31, 2024) Item Description # Acres Bid Per Acre Total Bid 1001 Lake Dardanelle Ground Herbicide 75 __________ ____________ 1002 Lake Dardanelle Prescribed Burning 120 __________ ____________ 1003 Lake Dardanelle Timberstand Improvement 60 __________ ____________ 1004 Lake Dardanelle Hardwood Planting 35 __________ ____________ 1005 Lake Dardanelle Mowing 125 __________ ____________ 1006 Lake Dardanelle Levee Mowing 257 __________ ____________ 1007 Ozark Lake Prescribed Burning 80 __________ ____________ 1008 Ozark Lake Timberstand Improvement 40 __________ ____________ 1009 Ozark Lake Hardwood Planting 23 __________ ____________ 1010 Ozark Lake Mowing 50 __________ ____________ First Option Total Bid ____________ Second Option

(January 1, 2025 through December 31, 2025) Item Description # Acres Bid Per Acre Total Bid 2001 Lake Dardanelle Ground Herbicide 75 __________ ____________ 2002 Lake Dardanelle Prescribed Burning 200 __________ ____________ 2003 Lake Dardanelle Timberstand Improvement 40 __________ ____________ 2004 Lake Dardanelle Hardwood Planting 15 __________ ____________

2005 Lake Dardanelle Mowing 100 __________ ____________ 2006 Lake Dardanelle Levee Mowing 257 __________ ____________ 2007 Ozark Lake Prescribed Burning 200 __________ ____________ 2008 Ozark Lake Timberstand Improvement 25 __________ ____________ 2009 Ozark Lake Mowing 25 __________ ____________ 2010 MKARNS Hardwood Planting 40 __________ ____________ Second Option Total Bid ____________ Grand Total Bid Price - Base Plus Option Periods (Items 0001 – 2010) _______________

SECTION SF 1449 - CONTINUATION SHEET

SUPPLIES OR SERVICES AND PRICES

CLIN 0011 is added as follows:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 60 Acre

MKARNS Invasive Species Basal Bark

FFP

FOB: Destination

PSC CD: S208

NET AMT

DELIVERIES AND PERFORMANCE

The following Delivery Schedule for CLIN 0011 has been added:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 01-JAN-2023 TO

31-DEC-2023

N/A RUSSELLVILLE PROJECT OFFICE

JOSEPH HOOKS

1598 LOCK & DAM ROAD

RUSSELLVILLE AR 72802-8462

501-340-1751 FOB: Destination

96722S

INSPECTION AND ACCEPTANCE

The following Acceptance/Inspection Schedule was added for CLIN 0011:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

Destination Government Destination Government

(End of Summary of Changes)

Bid Sheet MKARNS, Lake Dardanelle, and Ozark Lake Timberstand Improvement, Habitat Maintenance, and Herbicide Application

Scope of Work.

The Contractor will furnish all labor, necessary supplies, materials, and equipment required to perform timberstand improvement, habitat management, and herbicide application on MKARNS, Lake Dardanelle, and Ozark Lake.

Base Period

(January 1, 2023 through December 31, 2023)

Item Description # Acres Bid Per Acre Total Bid 0001 Lake Dardanelle Aerial Herbicide 40 __________ ____________ 0002 Lake Dardanelle Ground Herbicide 100 __________ ____________ 0003 Lake Dardanelle Prescribed Burning 100 __________ ____________ 0004 Lake Dardanelle Timberstand Improvement 60 __________ ____________ 0005 Lake Dardanelle Hardwood Planting 25 __________ ____________ 0006 Lake Dardanelle Mowing 100 __________ ____________ 0007 Lake Dardanelle Levee Mowing 257 __________ ____________ 0008 Ozark Lake Prescribed Burning 80 __________ ____________ 0009 Ozark Lake Timberstand Improvement 60 __________ ____________ 0010 Ozark Lake Mowing 50 __________ ____________ 0011 MKARNS Invasive Species Basal Bark Herbicide 60 __________ ____________ Base Period Total Bid ____________

First Option

(January 1, 2024 through December 31, 2024)

Item Description # Acres Bid Per Acre Total Bid 1001 Lake Dardanelle Ground Herbicide 75 __________ ____________ 1002 Lake Dardanelle Prescribed Burning 120 __________ ____________ 1003 Lake Dardanelle Timberstand Improvement 60 __________ ____________ 1004 Lake Dardanelle Hardwood Planting 35 __________ ____________ 1005 Lake Dardanelle Mowing 125 __________ ____________ 1006 Lake Dardanelle Levee Mowing 257 __________ ____________ 1007 Ozark Lake Prescribed Burning 80 __________ ____________ 1008 Ozark Lake Timberstand Improvement 40 __________ ____________ 1009 Ozark Lake Hardwood Planting 23 __________ ____________ 1010 Ozark Lake Mowing 50 __________ ____________

First Option Total Bid ____________

Second Option

(January 1, 2025 through December 31, 2025)

Item Description # Acres Bid Per Acre Total Bid 2001 Lake Dardanelle Ground Herbicide 75 __________ ____________ 2002 Lake Dardanelle Prescribed Burning 200 __________ ____________ 2003 Lake Dardanelle Timberstand Improvement 40 __________ ____________ 2004 Lake Dardanelle Hardwood Planting 15 __________ ____________ 2005 Lake Dardanelle Mowing 100 __________ ____________ 2006 Lake Dardanelle Levee Mowing 257 __________ ____________ 2007 Ozark Lake Prescribed Burning 200 __________ ____________ 2008 Ozark Lake Timberstand Improvement 25 __________ ____________ 2009 Ozark Lake Mowing 25 __________ ____________ 2010 MKARNS Hardwood Planting 40 __________ ____________ Second Option Total Bid ____________

Grand Total Bid Price - Base Plus Option Periods (Items 0001 – 2010) _______________

TIMBERSTAND IMPROVEMENT, HABITAT MANAGEMENT, AND HERBICIDE TREATMENT

MKARNS, LAKE DARDANELLE, AND OZARK LAKE

Part 1

General Information

1. GENERAL: This is a non-personnel services contract to provide timberstand improvent, habitat management, and herbicide treatment for Russellville Site Office. 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 timberstand improvement applications, habitat management, and herbicide treatment for Russellville Site Office, 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.

1.2 Background: The Arkansas River is a multipurpose navigation system. It was developed and is maintained for power generation, industrial towing traffic, and recreational purposes.

Lands belonging to the US Army Corps of Engineers on MKANRS, Lake Dardanelle, and Ozark Lake, Russellville Site Office, Russellville, Arkansas. For the purpose of this contract the line items have been separated based on management implementation/application type.

1.3 Objectives: The Contractor shall provide forestry and habitat treatment services as per the specifications. Service standards consist of the following. A major defect in this requirement shall be failure to perform satisfactorily in (1) one or more critical elements, or (2) two or more non-critical elements. Timberstand improvement practices (prescribed fire, invasive species removal, understory management, tree planting), mowing (brushogging), and herbicide applications shall be applied to reduce competition in forest stands, to remove invasive species, increase wildlife habitat, and kill unwanted vegetation in specified areas in accordance with the specifications of this scope of work.

1.4 Scope: The Contractor shall furnish all necessary management, supervision, inspection, labor personnel, materials, supplies, parts, tools, equipment, fuel, transportation, and vehicles to perform duties associated with both aerial/ground herbicide application, mowing, timberstand improvement, and prescribed fire, necessary to assure that all services are performed in accordance with the contract specifications, drawings, attachments, and exhibits, and all applicable laws, regulations, codes, or directives. Contractor shall comply with all local, state, and federal laws and regulations. Work shall be performed according to generally accepted quality standards and practices within the industry.

1.4.1. 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 period 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 - 01 January 2023 or date of award (whichever is later) through 31 December Option Year I - 1 January 2024 through 31 December 2024 Option Year II - 1 January 2025 through 31 December 2025

1.5 Safety/Environment: Comply with all Federal, state, and local environmental and occupational safety laws, rules, and regulations. If permits of any kind are required, contractor will be required to obtain necessary permits, licenses, and letters of certification at no additional expense to the Government. Contractor will be required to comply with all pertinent provisions of the current Corps of Engineer’s manual EM 385-1-1 and OSHA regulations. The contractor will provide at their own expense, barricades, warning signs or other means as necessary to make pedestrians aware of hazards and also to prevent pedestrians from entering work areas, and also provide traffic control when necessary. A major defect in this requirement shall be evidence of a combination of (2) safety violations and/or environmental violations or more.

1.6 General Information

1.6.1. 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. 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 Russellville Site 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 the notification to begin services, the Contractor shall complete all required services within the time periods shown on the work orders. When multiple orders are requested, Contractor may be required to perform orders concurrently, within specified time periods. Time extensions for unusual weather conditions may be requested by the Contractor and evaluated by the COR on a case-by-case basis. Contractor shall perform Quality Control (QC) inspections and ensure services are completed/performed satisfactory as described in the Quality Control Plan and in accordance with the PWS.

1.6.1.1 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.

1.6.1.1.1 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. Contractors Quality Control Procedures

6. Documentation of quality control activities

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

1.6.1.1.2 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.

1.6.1.1.3 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.

1.6.2 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.

1.6.3 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).

1.6.3.1. The contractor’s work will be inspected within 3 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 working day of the inspection. Work may be performed or re-performed within 4 working days of notice of nonperformance or unsatisfactory performance. If the contractor fails to perform or to re-perform work within 4 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 reperformance. Deductions will be made for nonperformance or failure to reperform.

1.6.4 Recognized Holidays: The contractor shall not be required to 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

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

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

1.6.6 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 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 work days may be allowed.

1.6.6.1 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.

1.6.6.2 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.

1.6.6.3 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 control, the Government may allow the Contractor to work additional hours beyond normal duty hours (7:30 a.m. to 4:00 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.

1.6.7 Place of Performance: The work required under this solicitation may be located within any park or other managed area under the jurisdiction of the Russellville Site Office. Exact work locations will be identified after contract award.

1.6.8 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.

1.6.9 Security Requirements: There are no special security requirements for this contract.

1.6.9.1 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.

1.6.9.2 Physical Security. The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use.

1.6.10 Special Qualifications: Contractor must be able to identify plant species including native, non-native, and invasive species in Arkansas. Contractor must be knowledgeable of forest silviculture practices that are involved in timberstand improvement, herbicide, and prescribed burning (Rx). The burn boss must be qualified as an RxB2, or his/her agency equivalent, and is a certified burn boss according to state regulations. The burn boss must have led burns of similar complexity, in the same fuel type, and be on site during the Rx burn. The contractor shall be knowledgeable and properly trained on equipment operation and herbicide application, both aerial and ground, for the use of broadcasting and spraying herbicides to kill unwanted trees or vegetation. Contractor shall show proof of being certified and licensed by the State of Arkansas. The Contractor shall, at his/her own expense, obtain any licenses, permits, insurances 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.

1.6.11 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, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.12 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.

1.6.13 Key Personnel: The follow personnel are considered key personnel by the government:

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. The contract manager or alternate shall be available between 7:00 a.m. to 4:30p.m, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. This individual may also serve as a Quality Control Inspector and be a working member of a crew, provided that job performance in each category is maintained at an acceptable level to the COR. For the purpose of this contract, it is intended that these shall be administrative positions whose responsibility is to ensure compliance with contract specifications. The Contract Manager and Quality Control Inspector shall be required to have a copy of the contract in their possession at all times for referral concerning questions of Contractor responsibility.

1.6.14 Daily Communication: 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. 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.

1.6.15 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. The Contractor shall provide ball caps/hats or shirts with the company name or logo to be worn by all employees and subcontractors while working on public recreational areas.

1.6.16 Contract Employees’ Conduct and Competency: All contract employees and subcontractors shall conduct themselves in a proper manner at all times. Since the majority of work will be performed in the presence of the general public, the conduct of all employees and/or subcontractors is critical and will be closely monitored. No alcoholic or intoxicating beverages, illegal drugs, controlled substances or drugs not prescribed by a physician shall be possessed or consumed while on duty.

1.6.17 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.18 Environment and OSHA: Comply with all Federal, state, and local environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such Federal, State, or local laws, rules, and regulations and compliance with the requirements of the contract shall be immediately brought to the attention of the Contracting Officer or the COR for final resolution. The Contractor shall notify the Contracting Officer or COR in writing in addition to any verbal notification of such conflicts. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such Federal, State, or local laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for Contracting Officer or COR to halt any and all Contractor performance with a commensurate deduction of monies due the Contractor until such unsafe conditions are corrected. Take due caution not to endanger personnel during performance of this contract. Access for inspections shall be granted upon request.

1.6.18.1. The Contractor will be responsible for providing a list of chemicals, product labels, Material Safety Data Sheets or Safety Data Sheets (MSDS or SDS), and proposed application rates of all products proposed for use to the COR for review within two weeks of award of the contract. Changing conditions or other factors may result in the Contractor’s desire to use chemicals other than those previously submitted and approved by the COR. The use of other chemicals in combination with, or instead of those previously approved must be approved by the COR at least thirty (30) working days prior to their use. MSDS sheets shall be maintained according to OSHA standards 29 CFR 1910.

1.6.19 Safety Requirements: The Contractor shall develop an Accident Prevention Plan in accordance with EM 385-1-1, Appendix A. The plan must be submitted and approved by the date of the post award conference meeting. In order to provide safety control for protection to the life and health of employees and other persons; for prevention of damage to property, materials, supplies, and equipment; and for avoidance of work interruptions in the performance of this contract, the Contractor shall comply with Occupational Safety and Health Act (OSHA) regulations and all pertinent provisions of the current edition of Safety and Health Requirements Manual, EM 385-1-1.

1.6.19.1 Accident Prevention Plan and an Activity Hazard Analysis: Before work begins, the contractor is required to develop an Accident Prevention Plan, Safety Plan, and an Activity Hazard Analysis in accordance with EM 385-1-1. This plan is to address all phases of work within the bounds of government property with specific attention towards the identification of potential hazards associated with each individual work phase and must be submitted before any work begins. The safety plan shall include, but not be limited to the following: Requirements for wearing or utilizing personal safety equipment and apparel; Procedures for handling, reporting, and correcting unsafe conditions, practices, and safety violations as well as procedures for handling herbicides in accordance with product label requirements (transport, mixing, spraying, and disposal of bags and containers, etc.).

1.6.19.1.2 Job hazard analyses: shall include an evaluation of hazards that might be encountered for an operation, and proposed methods and techniques for accomplishing each job in a safe manner. Contractor personnel shall be thoroughly indoctrinated with job hazard analyses. Initially, the safety plan shall include, but not be limited to, job hazard analyses for the jobs listed below. However, the contractor shall prepare additional analyses as the need arises and/or as the COR directs. Job hazard analysis directed by the Contracting Officer shall be submitted for approval within one (1) week. An example of a job hazard analysis is given in Exhibit 2.

1.6.19.1.3 First Aid Certifications. A First Aid Training Certification Card is required for all contract personnel involved in field work. A CPR Training Certification Card is required for contract personnel when operating with more than one person at a time.

1.6.19.1.4 Safety Meetings. A safety meeting shall be conducted prior to initiation of work.

Employees of the contractor and subcontractor, if applicable, shall attend safety meetings. A report of safety meetings shall be furnished the COR each time a meeting is held. The report shall include the following information: Date, location, and names of persons attending, safety items discussed, and persons who conducted the meeting.

1.6.19.1.5 Safety Violations. If a contractor's employee persists in not following the safety requirements of this specification or the contractor's safety plan, the employee shall be permanently discharged upon the request of the Contracting Officer.

1.6.19.1.6 Personal Protective Equipment (PPE).

Adequate PPE will be worn at all times while conducting contract services. All individuals involved in contract operations shall be dressed fully to include shoes, pants, and shirts. All of the Contractors’ operations, personnel and equipment are to comply with the Corps of Engineers Safety Manual, EM 385-1-1.

1.6.19.1.7. The Contractor shall maintain an accurate record of, and shall report to the Contracting Officer's Representative, all incidents and accidents within 24 hours of the occurrence, and all serious accidents (those resulting in death or injury requiring medical attention) shall be reported immediately.

1.6.19.1.8 The contractor shall investigate all accidents involving contractor or subcontractor employees that result in death, traumatic injury, occupational disease, or damage to property, materials, supplies and equipment incidental to work performed under this specification. The results of investigations shall be reported to the Contracting Officer immediately and in writing on ENG Form 3394, Accident Investigation Report, within one (1) workday following the accident.

1.6.19.2 If the Contractor fails or refuses to promptly comply with the safety requirements as specified herein, the COR may stop all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop shall be made subject to claim for extension of time or for excess costs or damages to the Contractor. Also, the Contractor will not be paid for work not performed as a result of work stoppage due to failure to comply with safety requirements.

1.6.19.3 The Contractor shall perform work requirements in a manner to protect buildings, vehicles and Government and public personal property from damage, and employees and Site visitors from any harm or injury. Work shall be scheduled and completed to afford this protection.

1.6.19.4 The Contractor shall maintain an accurate record of, and shall report to the COR, all accidents within 24 hours of the occurrence. All serious accidents (those resulting in death or injury requiring medical attention) shall be reported to the COR immediately.

1.6.19.5 The Contractor shall immediately correct all safety deficiencies upon notification of the deficiencies by the Quality Assurance Representative, and shall notify the COR of the corrective action to be taken. Such notice when delivered to the Contractor or his representative at the site of work shall be deemed sufficient for this purpose. The Government assumes no responsibility or duty to inspect. The Contractor is responsible for ensuring that the equipment is in a safe operating condition, that it is used in a safe manner, and that it is used in a safe environment and condition.

1.6.19.6 The Contractor shall have competent personnel trained and capable of dealing with minor personnel injuries. In addition to this, each crew of workers shall be provided with first aid kits complying with OSHA and other Federal and State requirements and a minimum of two crew members trained and certified in first aid and CPR to care for minor injuries normally sustained in the type of work required.

1.6.19.7 All work crews, office personnel, and the COR shall be provided with information pertaining to the Contractor’s arrangements for emergency medical treatment. This information shall include the following:

Local Hospital: Name Phone No.

Local Ambulance: Name Phone No.

Local Doctor: Name Phone No.

1.6.19.8 The Contractor shall survey the work areas for hazardous conditions. The Contractor shall flag, mark, or identify and report to the COR any hazardous areas that he/she discovers.

The Contractor shall determine and use alternate methods and equipment to perform work in these areas in a safe manner.

1.6.19.9 The Contractor shall conduct safety meetings with all personnel before each service and at a minimum of weekly intervals to discuss potential safety hazards, etc. The COR shall be notified 24 hours in advance and allowed to attend each safety meeting. A report of the agenda and attendees for each safety meeting shall be submitted to the COR. When a new employee is hired, the Contractor shall furnish a statement that the new employee was briefed on safety procedures.

1.6.20 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 on each delivery 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 Russellville Site Office, ATTN: Scotty Ashlock

1.6.20.1 The sites shall be inspected and at least 80% of site shall be burned, visual inspection of 95% of proper tree notches with visible dye, visual inspection of 100% mixing of appropriate herbicides, visual inspection of 90% dead or dying vegetation after aerial or ground spray (as evidenced by dead and dying plants, by stem count) must be achieved. No payment shall be made if any of above percentages are not achieved. The contractor shall reapply the products effectiveness. Sites re-treated will be inspected after 15 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.

1.6.21 Contractor Exposure Hours: The number of hours worked monthly by the contractor and his employees under this contract shall be reported to the Russellville Site Office when Contractor submits invoices. These hours are used to figure man hour/ labor related to lost time accidents by District personnel.

1.6.22 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.

1.6.23 Contractor Recommendations: It is the intent of these specifications to provide a contract in accordance with the best industry standards. The Contractor may recommend alternative work methods that will improve the quality. If accepted, the Contractor, upon written approval, shall use those methods in executing the work of the contract. The Government has the prerogative to accept or reject the Contractor’s recommendation.

1.6.24 Changes to Frequencies or Quantities: The Government reserves the right, should it become necessary, to decrease or increase service frequencies or quantities in any or all parks or portions of parks. The Government may also, at any time during the duration of this contract, close any park or portion of a park and delete any subsequent services.

1.6.25 Insurance

1.6.25.1 Minimum Insurance: Any successful bidder under this solicitation shall procure and maintain the minimum insurance requirements during the entire period of the Contractor’s performance under this contract.

1.6.25.2 Comprehensive General Liability Insurance: Comprehensive General Liability Insurance for bodily injury is the minimum limit of $500,000 per occurrence. No property damage liability insurance is required. Prescribed Burn Liability Insurance minimum limit of $1,000,000 (before burn).

1.6.25.3 Comprehensive Vehicle Liability Insurance: Comprehensive Vehicle Liability Insurance covering the operation of all vehicles used in connection with the performance of this contract is the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

1.6.26 CONTRACTOR MANAGEMENT REPORTING (CMR): Not Applicable

1.6.27 Permits and Licenses: The Contractor shall, at their own expense, obtain any licenses, permits, or insurances 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.

1.6.28 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.

1.6.29. 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.

1.6.30. Contractor Travel: Not Applicable

1.6.31. Other Direct Costs: Not Applicable

1.6.32. Data Rights: Not Applicable

1.6.33. PHASE IN /PHASE OUT PERIOD: Not Applicable

1.6.34. 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.

1.6.35 Delivery Order: All work under this contract shall be ordered by issuance of Delivery Order (DD Form 1155). The Delivery Order 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 of a Delivery Order.

1.6.36 Work Order: Not Applicable

1.7 BIDDING AND PAYMENT RATES.

1.7.1. All line items will be bid and paid for on a “per-acre” basis.

1.7.2. Payment will be made by half-acre (always rounded up), as calculated by USACE GIS software, using most current aerial imagery available, or as determined by USACE field GPS collection. If contractor uses GPS synchronized with herbicide application equipment, contractor’s GPS-calculated acres will be considered and may be factored into calculation and acreage determination. However, COR will make final determination as to best acreage calculation of treatment area.

1.7.3. All lines of attached bidding sheets must be filled out and totaled by bidder(s). Unit price (per acre) must be the same for all herbicide areas. Areas on bidding sheets represent real treatment area and their associated acreages; however, they are submitted as tentative treatment areas, and estimated total acreages, for bidding purposes only! Actual Task Orders may include different areas with very different acreages!

1.7.4. SWL may issue zero, one, or two Task Orders annually, dependent upon available funding and habitat needs. Task Orders for lines items applications may be issued at different times of the year. Task Orders for one, two, or all lines items applications may be issued separately or together. All line items, on Task Orders, will be paid for at the respective rates at which they were bid. Task Orders will include USACE best estimate(s) of treatment area acreage(s) for each line item to be performed.

1.7.5 Contract minimum/maximum quantity and contract value: The minimum quantity and contract value for all orders issued against this contract, shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value stated in the following table is not guaranteed.

Base Year Maximum Quantity 100% Minimum Quantity 1%

Option Year 1 Maximum Quantity 100% Minimum Quantity 1%

Option Year 2 Maximum Quantity 100% Minimum Quantity 1%

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. 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.

2.1.2. 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.

2.1.3. 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.