16R0088_amend_2_mod_copy.pdf

W59XQG61207480

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

To amend the PWS and quote sheet

1. CONTRACT ID CODE PAGE OF PAGES

J 1 17

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

16C. DATE SIGNED

BY 05-Jul-2016

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 W9128F-16-R-0088

X 9B. DATED (SEE ITEM 11)

17-Jun-2016

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 X is extended, 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 1 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.

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

6. ISSUED BY

3. EFFECTIVE DATE

05-Jul-2016

CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

W9128F 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9128F-16-R-0088

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 05-Jul-2016 04:00 PM to 07-Jul-2016 04:00 PM.

SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN description has changed from VEGETATION MANAGEMENT SERVICES to Aerial weed spraying.

CLIN 1001

The CLIN description has changed from VEGETATION MANAGEMENT SERVICES to Aerial weed spraying.

The following have been modified:

PWS

PERFORMANCE WORK STATEMENT (PWS)

CHEMICAL APPLICATION SERVICES (AERIAL)

US ARMYCORPS OF ENGINEERS (USACE)

GARRISON PROJECT/LAKE SAKAKAWEA

201 1ST STREET

RIVERDALE, ND 58565

1.0 GENERAL

1.1. Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, utilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform aerial chemical application as defined in this PWS. The contractor shall perform to the standards in this PWS.

1.2. Background: Approximately 493,000 acres of federal land is administered by the USACE Garrison Project.

Said land starts approximately two (2) miles downstream of the Garrison Dam and continues upstream along both riverbanks (including shoreline) of Lake Sakakawea (in McLean, Mercer, Dunn, McKenzie, Williams and Mountrail Counties) to west of the Highway 85 Bridge near Williston, ND almost to the Montana border. Noxious weed control and vegetation management are a component of our stewardship responsibilities.

1.3. Objectives: Survey (locate), inventory (GPS data collection), and control (chemically) State (North Dakota) listed noxious weeds (http://wwww.nd.gov/ndda/program/noxious-weeds) and County listed noxious weeds (http://www.nd.gov/ndda/files/resource/12-1-15CityCountyNoxiousWeedsList.pdf); primarily Saltcedar (Tamarix aphylla, Tamarix chinensis,Tamarix gallica, Tamarix parviflora, Tamarix ramosissima), Canada Thistle (Cirsium arvense), Leafy Spurge (Euphorbia esula), Absinth Wormwood (Artemisia absinthium L.), Russian Knapweed, (Centaurea repens), Halogeton (Halogeton glomeratus), and other identified weeds on federal lands administered by the USACE Garrison Project. Some of the areas may require spot treatment of weeds, while others may require solid coverage.

1.4. Scope: The contractor shall perform chemical application services on of federal land administered by the USACE Garrison Project. Services include 1) proactively surveying said lands for noxious weeds during appropriate growing season(s), 2) inventorying noxious weeds by collecting GPS data (coordinates, weed species, and acres of infestation), 3) controlling noxious weeds via appropriate aerial chemical application, 4) documenting chemical application services via submittal of completed PARs and collection of GPS datasets, 5) documenting the degree of noxious weed infestations via preparation and submittal of comprehensive electronic database, 6) preparation and submittal of invoices for payment of services, 7) providing a hard copy/aerial photo of the noxious weed infestation and area treated. All work shall be completed in accordance with this PWS.

1.4.1 The Government shall furnish a specific statement of work and areas to be sprayed at issuance of each task order. Each task order will include a map or similar documentation of the area to be treated, a list of the target species, and the estimated targeted treatment acreage per each location. Treatment areas shall be designated prior to issuance of the task order by a combination of methods, to include: maps, field visits with the COR, and/or separate task orders issued for surveying or inventorying purposes.

1.5 Period of Performance: The period of performance will be from the Date of Contract Award and continue for five years. Depending on seasonal weather patterns, the spraying season typically lasts for six (6) to seven (7) months per year (April through October).

1.6. General Information

1.6.1. Quality Control: The contractor shall develop a Quality Control Plan (QCP), for approval of the CO/COR, designated to demonstrate how the contractor will meet the needs of the project. The Quality Control Plan shall contain a list of pesticides and supplies to be used in performing the contract duties. The plan shall identify the Contractor-furnished equipment and state how the work will be accomplished. Changes in the approved plan shall be submitted for approval prior to implementing the change. The Plan shall document how the Contractor will identify and correct performance shortfalls. Complete records of all inspections performed by the Contractor must be maintained and made available to the Government throughout the term of the contract.

1.6.2. Quality Assurance: The COR will periodically evaluate the contractor’s performance under this contract using quality assurance procedures developed by the Government in accordance with the Performance Requirements Summary of this PWS. Typical procedures might include periodic sampling, checklists and customer complaints.

This should not be considered an exhaustive list. A primary objective of Government Quality Assurance will be to determine the effectiveness of the Contractors’ quality control system.

1.6.2.1 The Government has the right to inspect and test all services called for by the contract to the extent practicable for customary commercial services, at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that shall not unduly delay the work.

1.6.2.2 The COR shall inform the contractor when discrepancies occur and shall request corrective action. The COR shall make a notation of the discrepancy with the date, time and discrepancy that was noted, and request the authorized contractor representative to initial the entry and provide the appropriate corrective action.

1.6.2.3 Government Remedies: The Contracting Officer or the COR shall follow FAR 52.212-4, Contract Terms and Conditions – Commercial Items, for contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

1.6.3. Recognized Holidays: The contractor is not allowed to perform services on holidays without prior authorization from the COR.

Memorial Day Independence Day Labor Day

Columbus Day

1.6.4. Hours of Operation: The contractor is responsible for conducting business, sunrise to sunset CST, Monday through 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. 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.

1.6.5. Place of Performance: The work to be performed under this contract shall be performed on of federal land administered by the USACE Garrison Project, Riverdale, North Dakota 58565.

1.6.6. Type of Contract: The resulting contract will be an indefinite delivery “Requirements” contract, awarded to one contractor, for the services described in this PWS. A requirements contract provides for filling all actual purchase requirements of a designated Government activity for services during a specified contract period (from one contractor) with deliveries or performance to be scheduled by placing task orders with the contractor. The quantities of service specified in the Bid Schedule are estimates only and are not purchased by this contract; purchases are only made when the Government places task orders for specific services. See Federal Acquisition Regulation Clause 52.216-21 Requirements (OCT 1995).

1.6.7. Security Requirements. 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.

1.6.7.1. Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities (access/security gates) shall be secured (when applicable).

1.6.7.2. 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.

1.6.7.2.1. 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.

1.6.7.2.2. 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 Contracting Officer.

1.6.8. Special Qualifications: 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 State of North Dakota commercial applicator license with the appropriate pesticide certification classification(s) during the period(s) of performance of this contract, 3) 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 contract, 4) all vehicles and equipment operated on public roadways are legally registered, licensed, and insured to do so and meet all State and local laws, 5) all vessels operated on public waters 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.

1.6.8.1 The contractor conducting the work must 1) have completed a successful weed treatment project within the past 5 years that involved the application of herbicides to control non-native weed species with specific demonstrative experience on achieving limited environmental impact, 2) demonstrate experience with effective control of non-native invasive species in riparian areas that involve endangered species.

1.6.9. Coordination with the Project Office: Day to day contact with Government personnel, and telephone communication shall normally provide adequate information exchange. The Government reserves the right to schedule meetings at the Project Office as necessary to insure strict compliance with the terms and conditions of the contract. Such meetings shall be scheduled, to the extent possible, at mutually convenient times, at no additional cost. However, upon notice, the contractor shall attend meetings regarding matters affecting this contract

1.6.10. 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.

The COR may utilize personnel to assist in the monitoring of this contract; however, the personnel will not have any of the authority listed above, but will be used as informational oversight.

1.6.11. Key Personnel: The following personnel are considered key personnel by the government: contractor, contract manager (if applicable), and alternate contract manager (if applicable). 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 COR. The contract manager and alternate contract manager shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contractor, contract manager, and alternate contract manager shall be available between 7:30 a.m. to 4:00 p.m. CST, Monday through Friday, except Federal holidays or when the government facility is closed for administrative reasons.

1.6.11.1. Qualifications for all key personnel are: 1) full knowledge of the PWS, 2) working knowledge of GPS, 3) working knowledge of a computer, and 4) working knowledge of Microsoft spreadsheet software (if applicable).

1.6.12. 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. Contract personnel are not required to obtain and wear name badges. All contract personnel performing contract work requiring them to drive off-road will be issued an ORV permit by the COR at the post award conference.

1.6.13. Contractor Travel: The contractor will be required to travel to and from their place of business/residence to the federal land administered by the USACE Garrison Project to complete the requirements of this PWS.

1.6.14. Delivery Tickets. All supplies/services under this contract shall be accompanied by service/delivery tickets or sales slips which shall contain the following information:

a. Date of order

b. Contract number and order number

c. For supplies and services, contract item number and description, quantity, and unit price or estimated cost or fee.

d. Delivery or performance schedule

e. Place of delivery or performance (including consignee).

f. Any packaging, packing, and shipping instructions.

g. Accounting and appropriation data.

h. Method of payment and payment office, if not specified in the contract

2.0 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. A person with authority to enter into, administer, and/or terminate contracts and agreements, 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. 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.

2.1.7. POINT OF CONTACT (POC). 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.

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

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

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

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

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

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

2.1.14. WORK WEEK. Monday through Sunday.

2.2. ACRONYMS:

ANS Aquatic Nuisance Species ATV All-Terrain Vehicle CFR Code of Federal Regulations COR Contracting Officer Representative CST Central Standard Time EFT Electronic Funds Transfer EM Engineer Manual EPA Environmental Protection Agency FAR Federal Acquisition Regulation GPS Global Positioning System GPX GPS Exchange Format ORV Off-Road Vehicle PAR Pesticide Application Record POC Point of Contact QA Quality Assurance QC Quality Control T&E Threatened and Endangered Species TE Technical Exhibit USACE United States Army Corps of Engineers UTV Utility Terrain Vehicle

3.0 GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The government shall 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 provide 1) CFR, 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”, date 01 March 2015 (electronic version), 3) ORV permit(s), 4) additional paper copies of the PAR form or an electronic version of the PAR form (upon request), 5) area of avoidance lists (due to human activity or T&E species), 6) photo-copies of the original PAR forms submitted with invoices (upon request), 7) local emergency telephone numbers, 8) enlarged vicinity maps/aerial photographs (upon request), and 9) access gate keys. Additionally, the government will process and obtain a NPDES permit, if applicable, upon request from the contractor.

4.0 CONTRACTOR FURNISHED ITEMS AND SERVICES:

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

4.2. Utilities: The contractor shall furnish his own municipal water source for tank mixing purposes.

4.3. 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, record keeping, completed PAR forms, invoices, electronic GPS database, etc. to complete the requirements of this PWS.

4.4. Equipment: The contractor shall furnish all necessary equipment, such as but not limited to, vehicles, vessels, equipment, GPS, IT equipment with applicable software (e.g. Microsoft Excel), tools, required safety equipment, etc. to complete the requirements of this PWS.

5.0 SPECIFIC TASKS:

5.1. Basic Services: The contractor shall provide services for chemical application. The contractor shall perform chemical application services on federal land administered by the USACE Garrison Project. Services throughout the period of performance include 1) proactively surveying designated areas for noxious weeds during appropriate growing season(s), 2) inventorying noxious weeds by collecting GPS data (coordinates, weed species, and acres of infestation), 3) controlling noxious weeds via appropriate chemical application, 4) documenting application activities by collecting GPS datasets, completing PAR forms, and compiling data within a comprehensive database

5) detailing the degree of noxious weed infestations via preparation and submittal of comprehensive electronic database, 6) preparation and submittal of invoices for payment of services, 7) providing a hard copy/aerial photo of the noxious weed infestation and area treated. All work shall be completed in accordance with this PWS.

5.2. Specific Services

5.2.1. Noxious Weed Survey: As directed by the COR, the contractor shall be required to proactively survey the federal lands administered by USACE Garrison Project with the use of a helicopter from sunrise to sunset CST, Monday through Sunday, except federal holidays.

5.2.2. Noxious Weed Inventory: In accordance with this PWS, the contractor shall be required to inventory all noxious weed locations via collection of GPS data. Acceptable data collection includes noxious weed coordinates, noxious weed species, and acres of infestation.

5.2.3. Vegetation Control: In accordance with this PWS, the contractor shall be required to aerial spray vegetation on the Garrison Dam and Lake Audubon embankment.

5.2.4. Noxious Weed Control: In accordance with this PWS, the contractor shall be required to control designated State of North Dakota noxious weeds via application of the appropriate chemical(s) for the weed species, growth stage, and location observed from sunrise to sunset CST, Monday through Sunday, except federal holidays.

5.2.5. Chemical Application Documentation: In accordance with this PWS, the contractor shall be required to document each application activity by collecting GPS datasets at the time work is being executed and completing corresponding PARs on the date of application. The contractor shall provide, in a usable format (e.g Excel), electronic copies of weed data that includes the scientific names of the taxa sprayed or observed, as well as when and where (GPS coordinates, PAR ID) they were collected. The datasets will be delivered in the GPS Exchange Format (GPX) or in a file format that is compatible with ESRI ArcGIS and/or Google Earth.

5.3. Responsibilities: The contractor shall be responsible for complying with the following requirements when completing this PWS:

5.3.1. Equipment: Chemical application shall be accomplished via the use of helicopter aerial spraying only.

5.3.1.1. Previously Used Equipment: The contractor shall clean all previously used equipment prior to bringing it onto USACE lands. The contractor shall ensure that the equipment is free of soil residues, plant pests (insects, regardless of lifecycle stage), noxious weeds, and plant seeds. The contractor shall consult with local (North Dakota) USDA jurisdictional office for additional information and proper cleaning requirements/processes.

5.3.2. Rules and Regulations: The contractor shall abide by all USACE regulations as listed in the CFR, Title 36.

Exceptions to these regulations may be made at the discretion of the COR. Off-road travel is restricted to the actual treatment area. An ORV permit shall be carried by the contractor and his personnel when completing the requirements of this PWS. At the discretion of the COR, additional ORV permits are available upon request. All ORV permits issued to the contractor shall be turned in to the COR upon completion of each spraying season (31 October).

5.3.3. Laws: The contractor and his personnel shall abide by all applicable federal, state, and local laws pertaining to the purchase, transportation, storage, mix area, use, rinse are, equipment decontamination, and disposal of general and restricted use chemicals and chemical refuse/waste. Mixing of chemicals and refueling of equipment is not allowed on USACE property.

5.3.4. Licenses, Permits, and Insurance: The contractor shall, without additional expense to the government, be responsible for obtaining all necessary licenses, permits, insurance, and for complying with all current federal, state, and local laws, codes, ordinances, statutes, and regulations applicable with the completion of this contract. All personnel involved with the application of chemicals must possess and maintain a valid State of North Dakota commercial applicator license, and show proof of such, before work activities can begin. The commercial applicator license shall be valid for the duration of the period(s) of performance. The contractor shall hold general liability insurance in the amounts specified in the clauses section of this contract, and show proof of such, before work activities can start. The insurance policy shall be valid for the duration of the period(s) of performance and shall carry riders which cover drift, overspray and spills.

5.3.5. Pre-Work Meetings: The contractor, upon receiving the task order, shall contact the COR within five (5) business days after notice of award to set a date and time to conduct the pre-work meeting. . At this meeting the contractor shall submit: 1) a work plan, to include equipment and personnel requirements; 2) an accident prevention plan; 3) a quality control plan; 4) pesticide applicator license(s); 5) a certificate of insurance; 6) a written designation of a contract manager (if applicable) and alternate contract manager (if applicable), and 7) contact information (phone number(s), fax number(s), email address). The contractor, contract manager, and alternate contract manger shall be required to attend this meeting. The work, accident prevention, and quality control plans shall be revised as needed to produce mutually acceptable plans for performance of the work required. Once approved, the plans shall not be changed without the approval of the COR. The non-consumable government furnished materials will be delivered to the contractor at this meeting. Each successive years’ pre-work meeting will be conducted prior to the beginning of each spraying season (1 April) during the period of performance. The contractor shall contact the COR by the third (3rd) week of March to set a date and time to conduct each successive years’ pre-work meeting.

5.3.6. Task Orders: The services to be furnished under this contract shall typically be issued by written order via e-mail from the USACE Contracting Office. A Request for Proposal (RFP) letter will be sent to the contractor, requesting pricing based on a detailed Statement of Work (SOW), to include a prioritized list of areas to be treated.

All pricing submitted shall be in accordance with the agreed up labor and chemical rates that will be determined fair and reasonable with the issuance of the Indefinite Delivery Requirements Contract. If a site visit is needed or there is confusion by the contractor with regard to the prioritized list, the contractor shall meet with the COR in person to clarify the areas to be treated. Due to unforeseen circumstances, the COR may contact the contractor at any time during the execution of the task order(s) to coordinate the immediate treatment of a higher priority area(s) that is within the scope of the task order.

5.3.7. 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, throughout the period of performance. Because of the possible close proximity of the areas to considerable human activity, the contractor is to avoid contact with the public, work force, and livestock with either spray or drift. If the contractor is unable to spray in an area due to human/livestock activity, he shall be required to return at a later time to complete the application. Weekend applications may be required to complete spraying activities in specific areas and shall be coordinated with the COR. Holiday applications will not be allowed without prior authorization from the COR. If adverse weather conditions prevent the completion of the call 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 COR.

5.3.8. Aquatic Sensitive Areas: Those areas designated as aquatic sensitive areas or are an aquatic area by nature will only be treated with chemicals labeled for aquatic use. The contractor shall be responsible for complying with the State of North Dakota NPDES requirements for all qualifying aquatic sensitive areas to be treated (http://ndhealth.gov/WQ/WasteWater/Pesticde/Pesticide.htm). However, the government will process and obtain a NPDES permit, if applicable, upon request from the contractor.

5.3.9. Equipment and Employee Safety:

5.3.9.1. The contractor shall be responsible for the safety of his employee(s), and for any injury or damage done by said personnel, and shall protect the government from any claims. All personnel are required to wear the manufacturer’s recommended personal protective equipment during all work activities conducted in completion of this PWS. The contractor's equipment shall meet or exceed all current federal, state, and local safety requirements.

The contractor and his employee(s) shall be required to use the personal protective devices recommended by the manufacturer during all work activities conducted in completion of this PWS. The contractor is responsible for complying with all applicable safety requirements and practices set forth in the USACE Manual EM 385-1-1 entitled “Safety and Health Requirements Manual”, dated 01 March 2015 and available on-line at http://www.publications.usace.army.mil/Portals/76/ Publications/EngineerManuals/EM_385-1-1_2008.pdf.

5.3.9.2. The contractor shall provide the minimum on-site safety equipment/requirements as follows:

a) The contractor will provide at least one nonfreezing-type A-B-C fire extinguisher in each vehicle, vessel, and piece of motorized equipment (ATV, UTV, etc). Placement of said extinguisher will be in a location readily accessible to personnel.

b) The contractor will provide and maintain a first aid kit commensurate with the size of the project and with items necessary for first-aid treatment of all injuries.

c) The contractor shall advise personnel of the location of first-aid kits and fire extinguishers.

d) The contractor shall post telephone numbers of the nearest hospital or ambulance service and fire station in a conspicuous location.

e) The contractor shall advise all personnel of locations and telephone numbers listed above (In item d).

5.3.9.3. In accordance with EM 385-1-1, the contractor shall submit at the post award conference/meeting an accident prevention plan to be followed by all contractor personnel during performance of the work. The plan 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 of New Employees

c) "Tool Box" Safety Meetings

d) Fire Prevention and Protection

e) Housekeeping

f) Mechanical Equipment Inspection

g) First Aid and Medical Facilities

h) Sanitation

i) Personal Protective Equipment/Devices

j) Accident Reporting

k) Spill Prevention, Cleanup, and Restoration

5.3.9.4. The contractor's equipment shall not be stored on government property administered by the USACE Garrison Project without prior approval from the COR. 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 his personal property during working and non-working hours. The government will not be held liable for damaged, lost, stolen, or vandalized property.

5.3.10. Type and Rates of Chemicals to be Applied: Only those EPA registered chemicals approved for use in the State of North Dakota and listed on the bid sheet (see Attachment 3) shall be applied. The appropriate chemical(s) shall be mixed and applied at rates consistent with their respective labels and manufacturer recommendations for the specific growth stage of the targeted species at the location(s) observed. Application rates shall be such that the targeted weeds are 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(s) of performance. For chemicals not listed on the bid sheet, the prices may be negotiated until acceptable by both the bidder and the KO, prior to application of the chemical(s).

5.3.11. Weather Conditions: Manufacturer's label directions and warnings relative to temperature, wind, or other weather conditions shall be strictly adhered to. Spraying application shall not be performed when wind speed is above 15 mph or gusting. Care shall be exercised at all times by the contractor when applying chemical in those areas that the public uses for recreational purposes. Care shall also be exercised at all times by the contractor to protect desirable (non-targeted) species from damage by the required chemical application.

5.3.12. Record Keeping and Documentation: All chemical application activities shall have PARs completed and GPS datasets collected in accordance with the requirements of this PWS. For all qualifying aquatic sensitive area chemical application activities, the required NPDES documentation (permits, reports, and records) shall be completed in accordance with the requirements of this PWS. However, this task will fall to the COR should the government accept a request from the contractor to complete the NPDES permit process.

5.3.12.1. The contractor shall be required to completely fill out an accurate government PAR (see Attachment 4) for each area treated on the day of application. Incomplete PARs will be rejected by the COR. The PARs must accompany each month’s invoice before the invoice will be accepted for payment.

5.3.12.2. The contractor shall be required to collect a GPS dataset capturing the geographic extents and operating times for each application activity conducted in the field. Each dataset shall be collected using a GPS receiver, recreation grade or better, at the time the work is being executed. At a minimum, each dataset must record the date, application start time, application end time, and the path, or track, taken ensuring that it contains an adequate amount of points along the recorded path logging the time and location of each point. The datasets will be delivered in the GPS Exchange Format (GPX) or in a file format that is compatible with ESRI ArcGIS and/or Google Earth.

All data collected by the contractor shall be done in accordance with industry standards and best practices suited for the given geospatial task with procedures and methodologies notated in the metadata where applicable. The datasets must accompany each month’s invoice before the invoice will be accepted for payment. GPS datasets are required to be submitted by the contractor to the COR for the following qualifying occurrences:

a) Sample GPS datasets from each individual GPS unit proposed to be used shall be submitted at each annual pre-work meeting. Sample datasets will be reviewed and accepted by the COR prior to the utilization of the GPS unit in the field by the contractor

b) Sample GPS datasets from each additional (new, repaired, replacement, etc.) individual GPS units proposed to be used shall be submitted to the COR. Sample datasets will be reviewed and accepted by the COR prior to utilization of the GPS unit in the field by the Contractor.

c) Datasets from each individual GPS unit utilized by the contractor in the field shall be submitted on a monthly basis.

d) Individual GPS units whose sample datasets are deemed non-compliant/non-compatible by the COR to the requirements of this PWS are not authorized to be used by the contractor for the fulfillment of this requirement (5.3.12.2.).

e) When utilizing multiple GPS units, it is the contractor’s responsibility to keep the datasets and corresponding PARs organized and separate from each other to avoid data mixing. The contractor shall submit each individual GPS unit’s datasets with the corresponding PARs as separate submittals for each month. Datasets and PARs submitted in a disorganized and unaffiliated manner will be rejected by the

COR.

5.3.12.3. The contractor shall be required to comply with the reporting and recordkeeping requirements of the appropriate NPDES permit valid for the year in which the chemical application activities occurred. The contractor shall be required to submit copies of all required NPDES documentation (permits, reports, records) to the COR at the end of each spraying season (31 Oct). The required NPDES documentation must accompany the final month’s invoice before the invoice will be accepted for payment.

5.3.12.4. The contractor shall be required to submit a comprehensive electronic database in a usable format (e.g.

Excel) with the final invoice for payment. The database will include all spray activities conducted during the calendar year. The weed database will include the scientific names of the taxa sprayed or observed, total acres surveyed, total acres sprayed for each weed species, chemicals used, as well as when and where (GPS coordinates) the work was conducted. This database shall be submitted in a usable format with the final invoice for payment.

a) A sample electronic database shall be submitted at each annual pre-work meeting. The sample database will be reviewed and accepted by the COR prior to submittal of final comprehensive database.

b) Databases that are deemed unusable or insufficient by the COR to the requirements of this PWS are not authorized to be used by the contractor for the fulfillment of this requirement (4.6.12.4.)

5.3.13. Special Requirement. No fill or mixing area will be provided by the government. The contractor shall be responsible for meeting federal, state, and local mixing requirements.

5.3.14. Threatened and Endangered Species. The potential exists for T&E species to utilize government lands administered by the USACE Garrison Project during the period of performance. The COR will notify the contractor of areas to avoid, if any, during the contract period. No work shall be conducted in areas identified as occupied habitat for federally listed threatened and endangered species during April 15th through September 1st. It shall be the contractor’s responsibility to completely avoid these areas during the completion of the contract.

Additional detailed instructions will be discussed with the contractor at the pre-work meeting

5.3.15. 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 contract. Enlarged maps and aerial photographs are available for review at the USACE Garrison Project Office in Riverdale, North Dakota. The prospective bidder shall base his bid on his 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 contract. Site visits should be coordinated with the COR.

5.3.16. Private Property Access and Damages. The contractor shall be responsible for coordinating and obtaining landowner permission to cross private property to access work sites (if necessary). The contractor shall be responsible for all damages to person and property (both private and government) that occurs as a result of contractor fault or negligence.

5.3.17. Sub-Contracting. See FAR 52.219-14 – Limitations on Subcontracting.

5.3.18. Notification of Chemical Spills, Damage, Vandalism, or Injury. The contractor shall notify the COR immediately (on the day of occurrence/observance) of any chemical spillage, damage or vandalism to or on government property, and injury to any person resulting from the contractor's operations. In the event of a spill (land-based and water-based), the contractor shall be responsible for the cleanup of any spillage on or off government property and shall comply with the State of North Dakota Department of Agriculture reporting requirements (http://www.nd.gov/ndda/laws-rules) and (http://www.ag.ndsu.nodak.edu/aginfo/ pesticide/laws.htm). 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 his ability and within his 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, location of spill, and chemical type).

If any spillage occurs, the contractor, shall remove the spilled material(s) and restore the area to the original condition prior to being contaminated. If necessary, and upon coordination with the COR and at the expense of the contractor, the contaminated soil shall be excavated and disposed of in accordance with all applicable federal and state laws; backfilled with suitable fill material (non-government property source) that is compacted and finished with topsoil; and planted with the same grass species as within the immediate vicinity of the spill at the proper industry seeding rate required to reestablish vegetation.

5.3.19. Pricing. The prospective contractor's proposed hourly labor rate shall be inclusive of all costs, except chemicals, that might be incurred during this contract such as, but not limited to, mobilization fee, labor, fuel, mileage, equipment, rental fees, water, vehicle operators, licenses, insurance, administrative/recordkeeping duties, etc. Travel costs such as lodging and per diem shall be submitted based on the Joint Travel Regulations (JTR) (https://www.defensetravel.dod.mil/Docs/perdiem/JTR.pdf). If applicable, travel costs will be submitted with each task order and evaluated for price fair and reasonable.

5.3.20. Payment. The contractor shall submit one itemized invoice per month for payment which shall include the chemical costs and hours of application for that particular month. An original product label for each chemical claimed on the invoice (one-time requirement per chemical), the original government PARs for all services claimed on the invoice, and the GPS datasets shall accompany each month’s invoice before the invoice will be accepted for payment. Incomplete, insufficient, and missing supporting documentation (PARs and GPS datasets) may cause the government to reject said work claimed by the contractor on the invoice, unless it can be validated by some other method. Each itemized invoice shall also include the contract number and date along with the contractor's name, billing address, and signature. EFT payment will be made after satisfactory completion, inspection, and acceptance by the COR of all contract work performed, upon presentation to the Disbursing Officer of an invoice covering the services rendered.