Solicitation_-2.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F-16-R-0083 1 June-2016

b. TELEPHONE NUMBER

402-995-2480

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 15 June 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9128F9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MATTHEW D HIBBERT

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 968812 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

COE GAVINS POINT PRJT OFC NTR RSC

LINDA FILO

USAED, OMAHACENWO-OD-GP-N

55245 HIGHWAY 121

CROFTON NE 68730

TEL: 402-667-2569 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$7.M

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF62

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

http://www.wdol.gov/wdol/scafiles/std/05-3025.txt?v=19 5/11/2016

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Job

Weed Spraying Services Gavins Point, SD

FFP

North Alabama & Audubon Bend-

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform chemical weed control as defined in this PWS except for those items specified as Government furnished property and services.

The Contractor shall perform to the standards in this contract.

The period of performance for this contract will be for 3 years.

Task Orders issued can be either a FFP (Firm Fixed Price) or a T&M (Time and

Materials)

A specific PWS will be issued with each Task Order

Government POC Matthew Hibbert 402 995 2480

FOB: Destination

MAX

NET AMT

PWS

PERFORMANCE WORK STATEMENT (PWS)

Chemical Weed Control Services

USACE- North Alabama Bend & Audubon Bend

PART 1

GENERAL INFORMATION

1. GENERAL: This is a Requirements service contract with both Firm Fixed Price (FFP) and

Time and Materials (T&M) pricing arrangements to provide chemical weed control serves on lands administered by the U.S. Army Corps of Engineers (USACE) Gavins Point Project.

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 chemical weed control as defined in this PWS 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 properties, known as North Alabama Bend and Audubon Bend, were purchased by USACE in 2009 as part of the Missouri River Recovery Program. This program is designed, in part, to restore and enhance biological diversity and hydrological processes associated with the Missouri River. North Alabama Bend consists of approximately 546 acres adjacent to the Missouri River plus approximately 100 acres of accreted ground. Approximately

55% of the property is wooded, 37% is open grassland, and the remaining 8% is a mixture of grassland and trees. Audubon Bend consists of 2,382 acres adjacent to the Missouri River with approximately 4.5 miles of riverfront. Approximately 36% of the property is irrigated cropland, 41.5% is recent native plantings (planted in 2011 through 2015), 17% is woodland, 5% is open grassland, and 0.5% is wetlands. The cultivated area is currently under an agricultural lease with a portion of the cultivated area planted to native habitat each year.

1.3 Objectives: Our primary goal is to effectively control noxious weeds/invasive species at

North Alabama Bend and Audubon Bend without damaging nearby trees and shrubs and minimizing damage to desirable ground vegetation. Noxious weeds/invasive species targeted for control may include Canada thistle (Cirsium arvense), musk thistle (Carduus nutans), plumeless thistle (Carduus acanthoides), leafy spurge (Euphorbia esula), purple loosestrife (Lythrum salicaria), common reed (Phragmites australis), saltcedar (Tamarix spp.), Russian olive

(Elaeagnus angustifolia), common buckthorn (Rhamnus cathartica), common burdock (Arctium minus), and other species. Our secondary goal is to control any undesirable vegetation in native habitat restoration plantings (that may out-compete planted species) at Audubon Bend.

1.4 Scope: The Contractor shall provide all labor, tools, transportation, materials, and equipment necessary to chemically control target vegetation as listed in Part 5 (Specific Tasks).

The Contractor will chemically control target vegetation without damaging nearby trees and shrubs and will minimize damage to non-target ground vegetation. Various types of chemical applications may be required. Some areas may require spot treatments, while others may require solid coverage. Basal bark applications may be required for some woody species. The Contractor shall follow all label instructions for mixing (including the addition of any adjuvants) and applying all herbicides. All herbicides shall be applied at the manufacturer specified mixture rate. All spray equipment shall be properly calibrated prior to spraying. All vegetation control operations shall be conducted in a safe and professional manner. The contractor is also responsible for accurately completing a Pesticide Application Record (PAR) for each application.

1.5 Period of Performance: The period of performance shall be three years. Depending on seasonal weather patterns and the target species, the spraying season typically lasts for seven (7) months per year (April thru October). Pricing will be separated by year as follows:

Base Year – Date of Award to June 30, 2017

Year 2 – April 1, 2017 through March 30, 2018

Year 3 – April 1, 2018 through March 30, 2019”

1.5.1 Recognized Holidays: The Contractor is not to perform services on the following recognized holidays without prior authorization from the Government Representative:

Memorial Day

Independence Day

Labor Day

Columbus Day

1.5.2 Hours of Operation: The Contractor is responsible for conducting business, between sunrise and sunset, Monday thru Sunday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar

Government directed facility closings.

1.6 General Information

1.6.1 Place of Performance: The work to be performed under this contract will occur at two separate locations. North Alabama Bend is located near Vermillion, South Dakota in Clay

County. The property is accessed via the adjacent public road, Highway 19. Audubon Bend is located near Wynot, Nebraska in Cedar County. The property is accessed via the adjacent public road, 893 rd

Rd. The Contracting Officer’s Representative (COR) and the Contractor will agree on staging areas within each property at the pre-work conference.

1.6.1.1 Access/Parking: To minimize the impacts to the land resources, the Contractor shall limit the number of vehicles used to access the work sites. The number of vehicles, routes to work sites, and a parking spot near each work site shall be discussed and mutually agreed upon by the Government Representative (GR) and Contractor at the pre-work conference. Contractor vehicles shall be parked in a manner so as to avoid interference with normal work activities, agricultural activities, adjacent landowners, the recreating public, or municipal/government operations.

1.6.2 Quality Control: The quality of all work shall be the responsibility of the Contractor. The

Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which they assure themselves that their work complies with the requirements of the contract.

1.6.3 Quality Assurance: The Government will evaluate the Contractor’s performance under this agreement in accordance with Part 7 (Technical Exhibit 7.1) of this PWS. The evaluation 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). The COR or other Government Representative will be allowed to obtain a sample of the chemical being used for testing at any time or place when the Contractor is on Government property. If the Contractor is found to be using a chemical off-label or a chemical not approved for use by the Contracting

Officer (KO), the agreement will be terminated and the Contractor shall be held liable for any damages and pay for the completion of the agreement by a different source. The COR or other

Government Representative will be allowed to observe, photograph, and inspect all work activities conducted in completion of this PWS. The Contractor will not be paid for any work performed that is deemed defective by the COR. Any defective service(s) noted by the COR shall be corrected at no additional cost to the Government. The Contractor shall be responsible to perform only that work specified within the PWS, and shall receive no compensation for any work performed that is not specified within the PWS. No Government personnel will be allowed to assist the Contractor with actual spraying activities or supervision of the Contractor's personnel.

1.6.4 Additional Requirements: The Contractor is responsible for ensuring 1) all personnel are a minimum of eighteen (18) years of age, 2) all personnel involved with the application of chemicals possess and maintain a valid commercial applicator license with the appropriate pesticide certification classification(s) during the period(s) of performance of this agreement, 3) all personnel involved with the application of chemicals have the ability to correctly identify all target species at all growth stages, 4) all personnel involved with the operation of vehicles on public roadways possess and maintain a valid United States issued operator license during the period(s) of performance of this agreement, 5) all vehicles and equipment operated on public roadways are legally registered, licensed, and insured to do so and meet all State and local laws, and 6) all personnel are trained and have working knowledge of the specific vehicles/equipment they will operate and tasks they are directed to perform.

1.6.4.1 Commercial Pesticide Applicators Licenses. The Contractor will provide the

Government Representative with the pesticide applicator license number and certification categories for each employee that will apply herbicides. The Contractor shall submit pesticide applicator information to the COR at the pre-work conference.

1.6.5 Type of Contract: The government will award a Firm Fixed Price (FFP) or Time and

Materials (T&M) service contract on a requirements basis.

1.6.6 Physical Security Requirements: At the close of each work period, Government facilities shall be secured.

1.6.6.1 Key Control. The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. No keys issued to the Contractor by the Government shall be duplicated.

The Contractor shall develop procedures covering key control that shall be included in the

Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys to the Contracting Officer.

1.6.6.1.1. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.6.6.1.2. The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by

Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the COR.

1.6.6.2 Lock Combinations. N/A

1.6.7 All Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or

Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection

Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes. No background checks are required for this contract.

1.6.8. Special Qualifications: The Contractor must pre-screen Candidates using the E-verify

Program (http://www.dhs.gov/E-Verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to ensure the correct information is entered into the E-verify system.

An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government Representative. This Form will be provided to the Contracting

Officer and shall become part of the official contract file.

1.6.9 Compliance with Laws and Regulations: The Contractor shall comply with all laws, ordinances, statutes and regulations, pertaining to the services specified herein.

1.6.9.1 Compliance with Pesticide Application Regulations: The Contractor will comply with all pesticide application laws and regulations, including but not limited to all Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) provisions, National Pollutant Discharge Elimination

System (NPDES) regulations, and herbicide label guidelines.

1.6.9.1.1 Pesticide Application Documentation and Recordkeeping: A Pesticide Application

Record (PAR) (Technical Exhibit 4) must be completed daily on-site for each application and submitted to the COT within 10 days of the application.

1.6.9.2 Insurance: The Contractor shall be fully insured against any potential damages relating to the work specified herein. The Contractor is liable for any damage to adjacent private property http://www.dhs.gov/E-Verify such as, but not limited to, turf, roads, fences, etc. The Contractor shall provide a copy of certificate of insurance to the COR at the pre-work conference.

1.6.9.3 The Contractor shall abide by all USACE regulations as listed in the Code of Federal

Regulaitons CFR, Title 36, Chapter III, Part 327, Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects Pamphlet EP 1165-2-316 (copies of this pamphlet are available at the Project Office or online at http://publications.usace.army.mil/publications/eng-pamphlets/EP_1165-2-316/EP_1165-2-

316.pdf). Exceptions to these regulations may be made at the discretion of the COR. Off-road travel is restricted to actual treatment areas.

1.6.10 Contracting Officer’s Representative (COR). The COR will be identified by a 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, and 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, and estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11 Key Personnel: The Contractor shall give their personal supervision to the work or have a competent foreman or superintendent, satisfactory to the Contracting Officer, available at all times with authority to act for them on all contract matters relating to daily operation of this contract. The name of this person shall be designated in writing to the COR.

1.6.12 Pre-Work 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 or other

Government personnel, as appropriate, may meet periodically with the Contractor to review the

Contractor's performance. At these meetings the COR 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.

1.6.12.1 Pre-Work Conference: The Contractor shall meet with the COR prior to commencement of the work to discuss and mutually agree on the performance requirements and administration of the contract.

1.6.13 Safety: The Contractor or foreman shall have a cell phone on-site with them at all times during work activities.

http://publications.usace.army.mil/publications/eng-pamphlets/EP_1165-2-316/EP_1165-2-316.pdf http://publications.usace.army.mil/publications/eng-pamphlets/EP_1165-2-316/EP_1165-2-316.pdf

1.6.13.1 Required Safety Documents: In accordance with the U. S. Army Corps of Engineers

Safety and Health Requirements Manual EM 385-1-1 (copies of this manual are available at the

Project Office or online at http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-

1.pdf) the Contractor shall submit the following required documents at the pre-work conference:

an accident prevention plan to be followed by all Contractor personnel during performance of the work and an activity hazard analysis. The COR will provide the Contractor with an Activity

Hazard Analysis (AHA) form. The documents shall be developed only after a careful analysis of the work involved and shall be tailored specifically to the conditions of this contract and shall address the following items:

a) Responsible Individuals

b) Indoctrination and Training

c) "Tool Box" Safety Meetings

d) Accident Reporting and Recordkeeping

e) Sanitation

f) Housekeeping

g) First Aid and Medical Facilities

h) Personal Protective Equipment/Devices

i) Fire Prevention and Protection

1.6.13.2 Other Safety Requirements: The Contractor shall provide the minimum on-site safety requirements as follows:

a) All personnel are required to wear/use the manufacturer’s recommended personal protective equipment/devices.

b) The Contractor will provide at least one nonfreezing-type A-B-C fire extinguisher in each vehicle and implement. The extinguisher shall be placed in a location readily accessible to personnel.

c) The Contractor will provide and maintain a first aid kit commensurate with the size of the project with items necessary for first-aid treatment of all injuries. The Contractor will advise personnel of the location of first-aid kits.

d) The local emergency phone number(s) will be furnished to the Contractor by the COR at the pre-work conference. The Contractor will post telephone numbers of the nearest hospital or ambulance service and fire station in a conspicuous location. The Contractor will advise all personnel of locations and telephone numbers.

1.6.13.3 Fire Precautions: Site conditions during the timeframe in which the contracted work is to be completed are such that the potential for a grass fire exists. It is the Contractor’s responsibility to minimize the potential for a grass fire by not smoking outside of a vehicle while working on-site.

1.6.14 Environmental Protection: The Contractor shall perform all work in such a manner as to minimize the polluting of air, water, or land, and shall, within reasonable limits, control noise and the disposal of solid waste materials, as well as other pollutants.

1.6.14.1 Protection of Resources: The Contractor shall not pollute rivers, ponds, or other water bodies with fuels, oils, herbicides or other harmful materials. The Contractor shall investigate http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf and comply with all applicable Federal, State, County and Municipal laws concerning pollution of rivers and streams.

1.6.14.1.1 Spillage: Special measures shall be taken to prevent herbicides and other chemicals from entering public waters. If any spillage occurs, the Contractor shall remove the material and restore the area to the original condition before being contaminated. If necessary, contaminated ground shall be excavated and disposed of as directed by the Contracting Officer, and replaced with suitable fill material, compacted and finished with topsoil and planted as required to reestablish vegetation all at the expense of the Contractor.

1.6.14.1.1.1 Notification of Chemical Spills, Damage, or Injury: The Contractor shall notify the

COR immediately (on the day of occurrence/observance) of any chemical spillage, damage to

Government property, and injury to any person resulting from the Contractor's operations. In the event of a spill, the Contractor shall comply with state reporting requirements. In the event of a chemical spill, the Contractor shall adhere to the three C’s (Control, Contain, and Clean up) to the best of their ability and within their level of safety:

a) Control the Spill Situation (stop or prevent any further chemical spillage).

b) Contain the Spill (if possible).

c) Clean Up (follow correct procedures for size of spill & chemical type).

1.6.14.1.2 Disposal: Disposal of all materials shall be at the appropriate locations as directed by the COR. Disposal of any materials, wastes, effluent, trash, garbage, oil, grease, chemicals, etc., in areas adjacent to streams shall not be permitted. If any waste material is dumped in unauthorized areas, the Contractor shall remove the material and restore the area to the original condition before being disturbed. If necessary, contaminated ground shall be excavated and disposed of as directed by the Contracting Officer, and replaced with suitable fill material, compacted and finished with topsoil and planted as required to reestablish vegetation all at the expense of the Contractor.

1.6.14.2 Protection of Non-Target Species: The Contractor shall not deface, injure, or destroy non-target trees and shrubs. Care shall be exercised at all times by the Contractor to minimize damage to non-target species from the required activities.

1.6.14.3 Protection of Fish and Wildlife: The Contractor shall at all times perform work in such a way that minimizes interference with or disturbance to fish and wildlife.

1.6.14.4 Protection of Crops: The Contractor shall not damage any crops adjacent to work areas.

1.6.14.5 Preventing the Spread of Noxious Weeds: In order to prevent the spread of noxious weeds, the Contractor shall clean all equipment prior to entering USACE property. The equipment shall have no visible soil, roots, vegetative material, seeds, or other debris that could contain seeds.

1.6.15 Purchase Limitation: The dollar threshold for all task orders to be placed against this contract over the three year period shall not exceed $100,000.00.

1.6.16 Payments and Invoicing: The Contractor shall submit one itemized invoice per task order for payment which shall include the chemical costs and hours of application. The

Contractor shall only be reimbursed for chemicals used and actual spray times as recorded on the submitted PAR forms. Each invoice shall be mailed to the COR and shall include the following information: Contractor's name and address exactly as it appears in Block 17a of SF Form 1449, contract number, and date. Payment will be made after satisfactory completion, inspection, and acceptance by the COR of all agreement work performed, upon presentation to the Disbursing

Officer of an invoice covering the services rendered. Payment is generally received 4-6 weeks after submittal of a complete invoice. Payment will be made via Electronic Funds Transfer

(EFT). All Government furnished materials are required to be returned to the COR before the final invoice will be accepted for payment.

1.6.17 Unsatisfactory Performance: The Contractor shall be notified by the COR of incomplete or unsatisfactory service. Upon receipt of notification from the COR of incomplete or unsatisfactory service, the Contractor will correct the unsatisfactory or incomplete services within the specified contract period at no additional cost to the Government. In the event services are not provided by the Contractor, the Government retains the option of performing scheduled services or hiring services to be performed at the expense of the Contractor.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

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

2.1.2. CONTRACTING OFFICER (KO). 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. 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.

2.1.4 DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6 GOVERNMENT. The Gavins Point Project Office and the Omaha District Office of the

Corps of Engineers, or other U.S. Government offices associated with the performance of this contract.

2.1.7 GOVERNMENT REPRESENTATIVE (GR). An employee of the U.S. Government who serves as the contact for technical information related to the contract.

2.1.8. 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.

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

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

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

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

2.1.13. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The

Government does not have privity of contract with the subcontractor.

2.1.14 UNSATISFACTORY PERFORMANCE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

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

2.1.16. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

A-B-C Fire Extinguisher Classification

ACOR Alternate Contracting Officer's Representative

AFARS Army Federal Acquisition Regulation Supplement

AHA Activity Hazard Analysis

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

COTR Contracting Officer's Technical 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

EFT Electronic Funds Transfer

EM Engineer Manual

EPA Environmental Protection Agency

FAR Federal Acquisition Regulation

FIFRA Federal Insecticide, Fungicide, and Rodenticide Act

FPCON Force Protection Condition

GPS Global Positioning System

GR Government Representative

HIPAA Health Insurance Portability and Accountability Act of 1996

HQDA Headquarters, Department of the Army

KO Contracting Officer

NPDES National Pollutant Discharge Elimination System

OCI Organizational Conflict of Interest

OCONUS Outside Continental United States (includes Alaska and Hawaii)

ODC Other Direct Costs

PAR Pesticide Application Record

PIPO Phase In/Phase Out

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

TE Technical Exhibit

USACE U.S. Army Corps of Engineers

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The government will furnish Task Orders and Quality Assurance (QA).

3.2. Facilities: The government will not furnish any facilities to the contractor.

3.3. Utilities: The government will not furnish any utilities to the contractor.

3.4. Equipment: The government will not furnish any equipment to the contractor.

3.5. Materials: The government will furnish 1) Code of Federal Regulations, Title 36 Rules and

Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects pamphlet, 2) USACE Manual EM 385-1-1 entitled “Safety and Health Requirements Manual”, (electronic version); 3) initial hard-copy PAR form (an electronic fillable copy is available upon request), 4) local emergency telephone numbers, 5) enlarged vicinity maps/aerial photographs of work areas (upon request), and 6) a gate access key.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Part 3 of this PWS.

4.2. Secret Facility Clearance: N/A

4.3. Utilities: The Contractor shall furnish their own municipal water source for tank mixing purposes. The Contractor is not authorized to utilize non-potable water from the Missouri River or water sources located within USACE lands for any purpose when conducting chemical application services.

4.4. Materials: The Contractor shall furnish all necessary materials, such as but not limited to, chemicals, insurance, permits, licenses, work plan, accident prevention plan, quality control, completed PAR forms, invoices, etc. to complete the requirements of this PWS.

4.5. Equipment: The Contractor shall furnish all necessary equipment, such as but not limited to, vehicles, spraying equipment, GPS unit, required safety equipment, etc. to complete the requirements of this PWS.

4.5.1 Spraying Equipment: Chemical application shall be accomplished by the use of ground spraying equipment (4-wheel drive vehicle with spray boom/gun, ATV with spray boom/gun, or backpack/hand-carry spray unit) only. Areas inaccessible by motorized vehicles will require the use of a backpack/hand-carry spray unit. Aerial spraying is not authorized under this contract.

4.5.1.2 Equipment Storage: The Contractor's equipment shall not be stored on Government property administered by the USACE Gavins Point Project. At the close of each work period, all chemicals, chemical mix, chemical refuse/waste, and equipment shall be removed from

Government lands. It is the Contractor’s responsibility to secure their personal property during working and non-working hours. The Government will not be held liable for damaged, lost, stolen, or vandalized property.

4.5.2 GPS Unit: Depending on the size, location, and type of spraying involved in the task order, work areas may be marked by field flags, flagging tape, other identifying markers, or they may be unmarked. The Contractor may need to navigate to work areas using aerial maps and/or GPS coordinates. To accurately navigate to a work area using GPS coordinates, the Contractor’s GPS unit shall be recreation grade or better.

PART 5

SPECIFIC TASKS

5. SPECIFIC TASKS:

5.1. Basic Services: The Contractor shall provide services to chemically control target vegetation without damaging nearby trees and shrubs and minimize damage to non-target ground vegetation. Some areas may require spot treatments, while others may require solid coverage.

Basal bark applications may be required for some woody species. Application rates for herbicides may be specified by in the task order or the Contractor may need to determine the proper application rate based on conditions. Application rates shall be such that the target species is killed and not simply injured. Work areas may be identified by markers or the Contractor may need to navigate to work areas using GPS coordinates and/or aerial maps.

5.2 Pre-Inspection of Work Sites. It is the prospective Contractor’s responsibility to inspect the sites where services are to be performed to satisfy themselves as to all general and local conditions that may affect the cost of performance of the agreement. Aerial photographs are available for review at the USACE Gavins Point Project Office in Crofton, Nebraska. The prospective bidder shall base their bid on their personal site visit/field assessments, rather than from any maps, aerial photos, or estimates that may be furnished by the Government as background/orientation information. In no event will a failure to inspect the sites constitute grounds for withdrawal of a bid after opening, or a claim after award of the agreement. Site visits can be scheduled with the COR at (402) 667-2569.

5.3 Type and Rates of Chemicals to be Applied: Only those EPA registered chemicals approved for use in the State of South Dakota/Nebraska and listed on the bid sheet shall be applied.

Chemicals shall be mixed and applied at rates consistent with their respective labels and manufacturer recommendations. Application rates shall be such that the target pest is killed and not simply burnt. The potential exists that not all of the chemicals listed on the bid sheet will be utilized during the period of performance. Pesticide costs will be paid as a reimbursable expense and only the actual amount applied shall be charged to the Government. Chemical costs will be reimbursed at the bid price submitted by the bidder on the bid sheet if those proposed prices are deemed reasonable by the KO. If the KO considers the proposed chemical prices unreasonable, the prices may be negotiated until acceptable by both the bidder and the KO. For chemicals not listed on the bid sheet, an acceptable price will be negotiated prior to acceptance and application of that chemical.

5.4 Weather Conditions: The Contractor shall identify weather conditions before beginning any herbicide application, and continue to monitor weather conditions throughout the course of the application. Manufacturer's label directions and warnings relative to temperature, wind, or other weather conditions shall be strictly adhered to. The Contractor shall immediately stop applying herbicides if weather conditions begin to adversely impact the application. Herbicide applications shall not take place when precipitation is expected before the herbicide formulation is rainfast. If treatment is followed by rain before the application is rainfast as specified in the herbicide label, the area shall be retreated at the Contractor's expense. Care shall be exercised at all times by the Contractor to protect desirable (non-target) species from damage by the required chemical applications.

5.5 Notification: The Contractor shall notify the COR by telephone no later than the working day prior to treatment. This will allow the COR to be on site if desired. It will facilitate access, coordination with partners and other contractors, and communication with the public.

5.6 Task Orders: The Contractor shall complete each Task Order within 14 days of the Task

Order being issued, unless an extension is granted by the KO. Requests for an extension must include a detailed explanation of why the task order could not be completed within the allotted timeframe and must be submitted in writing to the COR. Approval of extensions will be at the discretion of the KO. Some applications may allow a longer time period for application. Any application period that extends beyond the standard 14 day timeframe will be specifically stated in the Task Order. If there is confusion by the Contractor with regard to the Task Order, the

Contractor immediately contact the COR to clarify the areas to be treated. The target species, location, and estimated acreage of specific work areas shall be included with each Task Order at the time of issuance. Herbicide applications may include the following chemicals and conditions:

5.6.1 Spraying with Aminopyralid (Milestone® or equivalent): The main target species include

Canada thistle, musk thistle, and spiny plumeless thistle. Spraying for thistles, especially the biennial species, has been highly variable from year to year. Applications have typically been broadcast applications, though spot applications may also be necessary.

5.6.2 Spraying with Imazapic (Plateau® or equivalent): The main target species is leafy spurge.

Applications may include broadcast and/or spot spraying of selected areas as directed.

5.6.3 Spraying with Aquatic Formulation of Imazapyr (Habitat® or equivalent) in

Wetlands/Aquatic Areas: The main target species may include Canada thistle, purple loosestrife, common reed, and/or saltcedar. Aquatic spraying has typically been minimal in most years, but may vary considerably depending on conditions.

5.6.4 Spraying with Glyphosate (RoundupProMax® or equivalent) in Restoration Plantings:

Applications may include complete herbaceous vegetation control in woodland plantings prior to tree seedling emergence, complete herbaceous vegetation control around established saplings, complete vegetation control of areas in preparation for planting, and/or spot spraying of other selected areas as directed.

5.6.5 Spraying with Triclopyr (Pathfinder II® or equivalent): The main target species may include Russian olive, common buckthorn, or other invasive woody species. Spraying may consist of basal bark applications to trees less than 6 inches in diameter. The Contractor must use a dye when applying triclopyr to woody species.

5.7 Spraying Activities: The Contractor shall NOT start spraying until issuance of a task order.

It shall be the Contractor's responsibility to start and provide a continuous spraying operation from day to day, weather permitting, until completion of the contracted work within the allotted time frame. The potential exists for work areas to be in close proximity to areas of human activity. The Contractor is to avoid contact with the public, work force, livestock, and crops with either spray or drift. Holiday applications will NOT be allowed without prior authorization from the COR. If adverse weather conditions prevent the completion of the task order within the allotted time frame, the Contractor will be required to submit, in writing to the COR, a request for an agreement time extension, which must document the cause(s) for the call order not being completed on time. Lack of personnel, equipment, or other work priorities will not be acceptable reasons for allowing an agreement time extension. Approval of any agreement extension shall be at the determination of the Contracting Officer (KO).

5.8 Aquatic Sensitive Areas: Those areas designated as aquatic sensitive areas or are an aquatic area by nature shall only be treated with chemicals labeled for aquatic use. If an herbicide application is made to an aquatic area, a weather forecast for the 24 hour period immediately following the application must be submitted with the PAR. All aquatic sensitive areas will meet

NPDES requirements for the state in which they are located.

5.9 Record Keeping: All areas treated shall have PAR forms completed in accordance with the specifications set forth within this PWS. The Contractor shall be required to completely fill out an accurate, Government PAR form (Technical Exhibit 4) for each area treated on the day of application. The PAR form(s) shall be submitted to the COR within 10 days of the application.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

6.1.1 The Contractor will comply with applicable sections (as listed in part 1.6.12.1) of the U. S.

Army Corps of Engineers Safety and Health Requirements Manual EM 385-1-1 (copies of this manual are available at the Project Office or online at http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-

1.pdf).

6.1.2 The Contractor will comply with the Code of Federal Regulations, Title 36, Chapter III, Part 327, Rules and Regulations Governing Public Use on Corps of Engineers Water Resource

Development Projects Pamphlet EP 1165-2-316 (copies of this pamphlet are available at the

Project Office or online at http://www.usace.army.mil/Portals/2/docs/EP1165-2-316.pdf).

PART 7

TECHNICAL EXHIBIT LISTING

7. TECHNICAL EXHIBIT LIST: The following technical exhibits are hereby incorporated and made a part of this solicitation:

7.1 Technical Exhibit 1 – Performance Requirements Summary

7.2 Technical Exhibit 2 – Deliverables Schedule

7.3 Technical Exhibit 3 – Estimated Workload

7.4 Technical Exhibit 4 – Pesticide Application Record

7.5 Technical Exhibit 5 – North Alabama Bend Project Location Map

7.6 Technical Exhibit 6 – Audubon Bend Project Location Map

http://www.usace.army.mil/Portals/2/docs/EP1165-2-316.pdf

TECHNICAL EXHIBIT 1

PERFORMANCE REQUIREMENTS SUMMARY

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

Performance Objective

Standard Performance

Threshold

Method of

Surveillance

PRS # 1.

The Contractor shall provide chemical control services for noxious/invasive weeds and other unwanted vegetation.

The Contractor must provide services to the performance and safety standards outlined in this

PWS, specifically Part 5, and in each Task Order per

Statement of Work.

The Contractor must treat at least

95% of the target species within a specified work area, per treatment, per task order, while minimizing damage to non-target species.

Direct

Observation

PRS # 2.

The Contractor shall provide Pesticide

Application Records for each chemical application.

The Contractor must complete PAR forms in accordance with the PWS, specifically Part 5, provision 5.9 (and 5.8 when applicable).

Zero Deviation from Standard

100% Inspection

PRS # 3.

The Contractor shall provide accurate invoices.

The Contractor must submit invoices in accordance with the PWS, specifically Part

1, provision 1.6.16

Zero Deviation from Standard

100% Inspection

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency Number of Copies Medium/Format Submit To

Pesticide

Application

Record

Forms

Completed daily, submitted within 10 days of application

One (1) copy of each PAR form submitted to the COR with the corresponding invoice.

Paper (hard copy) or electronic copy in PDF or MS

Word.

USACE- Gavins

Point Attn: Linda

Filo, PO Box 710, Yankton, SD 57078

Activity

Hazard

Analysis

Once One (1) copy submitted to the COR at the pre-work conference.

Paper (hard copy) or electronic copy of fillable PDF

Form 385-1, which will be provided by the COR.

USACE- Gavins

Point Attn: Linda

Filo, PO Box 710, Yankton, SD 57078

Linda.A.Filo@usace

.army.mil

Accident

Prevention

Plan

Once One (1) copy submitted to the COR at the pre-work conference.

Paper (hard copy) or electronic copy in PDF or MS

Word.

USACE- Gavins

Point Attn: Linda

Filo, PO Box 710, Yankton, SD 57078

Linda.A.Filo@usace

.army.mil

Pesticide

Applicator

License

Information

Once initially, and updated as needed

One (1) list of pesticide applicators, license numbers, and certification categories submitted to the

COR at the pre-work conference.

Paper (hard copy) or electronic copy in PDF or MS

Word.

USACE- Gavins

Point Attn: Linda

Filo, PO Box 710, Yankton, SD 57078

Linda.A.Filo@usace

.army.mil

Certificate of

Insurance

Once initially, and updated yearly

One (1) copy submitted to the COR at the pre-work conference.

Paper (hard copy) or electronic copy in PDF.

USACE- Gavins

Point Attn: Linda

Filo, PO Box 710, Yankton, SD 57078

Linda.A.Filo@usace

.army.mil mailto:Linda.A.Filo@usace.army.mil mailto:Linda.A.Filo@usace.army.mil mailto:Linda.A.Filo@usace.army.mil mailto:Linda.A.