W9128F-16-R-0094_released.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F-16-R-0094 16-Jun-2016

b. TELEPHONE NUMBER

402-995-2070

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 30 Jun 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

PATRICK J MALLY

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

0 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

W59XQG61459032

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 966551 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 CIVIL WORKS BRANCH

ANDREW WRIGHT

USAED OMAHACENWO-PM-C

1616 CAPITOL AVE

OMAHA NE 68102-4901

TEL: 402-995-2506 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

7.5 mil

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 OF52

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.

W9128F-16-R-0094

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 200 Acre ESH Herbicide Spraying Gavins Point

FFP

BASE SERVICES - Furnish labor, materials, and equipment necessary to perform spraying of 200 acres of vegetation near Yankton, South Dakota during the period of 06 September 2016 through 24 September 2016 in accordance with the attached specifications and drawings.

FOB: Destination

MILSTRIP: W59XQG61459032

PURCHASE REQUEST NUMBER: W59XQG61459032

NET AMT

0002 300 Acre OPTION Option 1 spraying Gavins Point

FFP

Work is same, with up to an additional 300 acres of vegetation (total 500 acres) near Yankton, SD during the period of 06 September 2016 through 24 September 2016.

FOB: Destination

0003 250 Acre OPTION Ootion 2 spraying Gavins Point

FFP

Work is same, with up to an additional 250 acres of vegetation (total 750 acres) near Yankton, SD during the period of 06 September 2016 through 24 September

0004 250 Acre OPTION Option 3 spraying Gavins point

FFP

Work is same, with up to an additional 250 acres of vegetation (total 1000 acres) near Yankton, SD during the period of 06 September 2016 through 24 September

0005 250 Acre OPTION Option 4 spraying Gavins point

FFP

Work is same, with up to an additional 250 acres of vegetation (total 1250 acres) near Yankton, SD during the period of 06 September 2016 through 24 September

0006 250 Acre OPTION Option 5 spraying Gavins Point

FFP

Work is same, with up to an additional 250 acres of vegetation (total 1250 acres) near Yankton, SD during the period of 06 September 2016 through 24 September

52.212-1 ADDENDUM;

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

This solicitation is being advertise as a best value procurement. See FAR 52.212-2 Addendum; Evaluation— Commercial Items for specific information to be submitted with your quote.

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Offers are date and time stated in Blcok 8 of the SF 1449. Send your completed quotation package to the attention of Patrick Mally at patrick.j.mally@usace.army.mil. Electronic quotations are preferred over paper responses, unless other arrangements have been made with the individual identified above. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation.

As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(m) Insurance Required (FAR 52.228-5):

In accordance with FAR 28.307-2, “Liability,” the contractor shall procure the following minimum insurance:

Type Amount Workman’s Compensation and Employer’s Liability Insurance $100,000 General Liability Insurance $1,000,000 per occurrence

And, when automobiles are used in connection with performing the contract:

Type Amount Automobile Liability Insurance $200,000 per person Bodily Injury $500,000 per occurrence Property Damage $ 20,000 per occurrence

And, when aircraft is used in connection with performing the contract:

Type Amount Aircraft Public and Passenger Liability Insurance $200,000 per person Bodily Injury (other than passenger injury) $500,000 per occurrence Property Damage $200,000 per occurrence Passenger Liability Bodily Injury $200,000 multiplied by the number of seats or passengers, whichever is greater

And, when contract performance involves use of vessels, the Contracting Officer shall require, as determined by the agency, vessel collision liability and protection and indemnity insurance. The contractor is responsible for contacting the state for compliance with its workman’s compensation laws.

(n) State and Local Taxes:

The U.S. Army Corps of Engineers is exempt from paying state and local taxes per Title 4 United States Code 104-

107. The U.S. Army Corps of Engineers Tax ID Number is 62-1642142.

Contractors performing services for the U.S. Army Corps of Engineers are not exempt from state and local taxes in transactions with vendors, suppliers or subcontractors.

In the State of South Dakota, there is an excise tax on the total gross receipts of all prime contractors and subcontractors engaged in realty improvement. Contractor shall include the excise tax in its quotation.

For information concerning the taxes contact: Sales and Use Tax Division, Capital Lake Plaza, Pierre, South Dakota. Telephone 605-773-3311.

(End of provision)

52.212-2 ADDENDUM;

EVALUATION--COMMERCIAL ITEMS

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will the best value to the Government. The following factors shall be used to evaluate quotes:

1. Technical – The quoter shall submit a quote describing the approach to be used to accomplish the project objectives that meet the standards of the Performance Work Statement (PWS). The contractor shall also submit a quote that describes their capability of equipment to perform the services described in the PWS.

Additionally, as part of this factor, the quoter shall submit names (trades names and generic equivalents) for all herbicides and adjuvants that will be used. See Herbicides and Adjuvants attachment below.

2. Past Performance – The quoter shall provide two references of projects completed within the past three (3) years. Experience can be based on projects completed as a prime contractor or projects of qualified subcontractors that have the capabilities to perform this work. These references need to be equal to or similar in scope of this requirement. The contractor shall provide dates and pertinent information to demonstrate how they are comparable to this requirement in size and complexity. The contractor shall include points of contact, titles, telephone numbers, and email addresses (if available) for all references.

3. Price – The quote shall be inclusive of all costs to perform the work specified in the PWS.

Factors will be rated with either outstanding, satisfactory, or unacceptable ratings.

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

HERBICIDES AND ADJUVANTS

Please submit names (trade names and generic equivalents) for all herbicides and adjuvants that will be used.

Contractor will supply all herbicides and adjuvants. Bid prices for treatments (above) should include the cost of herbicides and adjuvants.

Other adjuvants may be used at the discretion of the contractor; however, they must be approved for aquatic use.

Glyphosate product ___________________________________________________________________

Imazapyr product ______________________________________________________________________

MSO product __________________________________________________________________________

Drift retardant __________________________________________________________________________

Other adjuvants ________________________________________________________________________

PWS

PERFORMANCE WORK STATEMENT (PWS)

ESH Herbicide Spraying

Gavins Point Project

1.0 GENERAL: This is a non-personal services, firm fixed price contract to provide herbicide spraying for Gavins Point Project. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 DESCRIPTION OF SERVICES/INTRODUCTION: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform herbicide spraying as defined in this Performance Work Statement. The sites where service is to be performed is along the Missouri River, between Pickstown, SD and Ponca, NE.

1.2 BACKGROUND: Vegetation control is critical to maintenance of Emergent Sandbar Habitat (ESH) in the Missouri River.

1.3 OBJECTIVES: The contractor shall provide for the control of vegetative growth on sand bars in the Missouri River.

1.4 SCOPE: The contractor shall provide herbicide spraying services as shown in Part 3.0 Specific Tasks and described herein the PWS. Services include spraying all vegetation with aquatic labeled herbicide via helicopter at designated sandbars without damaging non-target areas. A map and shapefile delineating spray sites will be available to the contractor prior to performing work. The contractor shall follow all label instructions for mixing and applying all herbicides (including the addition of any adjuvants). All spray equipment shall be properly calibrated prior to spraying. All vegetation control operations shall be conducted in a safe and professional manner.

1.4.1 The Contractor shall abide by all USACE regulations as listed in the Code of Federal Regulations 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 GR. Off-road travel is restricted to actual treatment areas.

1.5 PERIOD OF PERFORMANCE: The period of performance shall be for 30 days. Depending on seasonal weather patterns and other restrictions, the spraying season typically lasts for three (3) to four (4) weeks during September of each year. For 2016, this is approximately 19 days, from 6 September 2016 to 24 September 2016.

Spraying will not be allowed when threatened or endangered birds are found on or near the sandbars.

1.6 QUALITY CONTROL: The contractor shall develop a Quality Control Plan (QCP), for approval by the COR, designated to demonstrate how the contractor will meet the needs of the project. The Quality Control Plan shall contain a list of disinfectants 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.

1.7 QUALITY ASSURANCE

The COR shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.7.1 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.

1.7.2 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.

1.7.3 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.

1.8 HOURS OF OPERATION

The contractor is responsible for conducting business, between the hours of 7:00 a.m. & 7:00 p.m. Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.9 CONTRACTOR PERSONNEL

1.9.1 The contractor shall provide a person who shall be responsible for the performance of the work. The name of this person and alternates who shall act for the contractor shall be designated in writing to the Contracting Officer and the COR within two (2) days after date of award. Telephone numbers shall be provided where the Project Manager and alternate may be contacted 24/7.

1.9.2 The contractor representative or alternate shall be available during normal duty hours to meet with Government personnel designated by the Contracting Officer or the COR to discuss problem areas.

1.10 CONTRACTOR EMPLOYEES

1.10.1 The contractor shall not employ persons for work on this contract if such employee is identified to the contractor by the Contracting Officer and the COR as a potential threat to health, safety, security, general well-being or operational mission of the facility and its population. List of personnel shall be made available in writing to the Government at the start of the contract.

1.10.2 The contractor shall make sure employees have valid driver license(s) before starting work under this contract and throughout the term of the contract. All vehicles and equipment operated on public roadways must be legally registered, licensed, and insured to do so and meet all State and local laws. All personnel must be trained and have working knowledge of the specific vehicles/equipment they will be operating and the tasks they are directed to perform.

1.10.3 The contractor shall not employ persons under the age of eighteen (18). All personnel involved with the application of chemicals must possess and maintain a valid commercial applicator license with the appropriate pesticide certification classification(s) during the period of performance. The pesticide applicator license shall be submitted to the COR prior to the commencement of work.

1.11 COORDINATION WITH THE PROJECT OFFICE

1.11.1 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.

1.11.2 The Contractor shall meet with the COR prior to commencement of work to discuss performance requirements and administration of the contract. The Contractor at this meeting shall submit for approval the following: work plan, safety plan, pesticide applicator license information, and certificates of insurance. The work plan shall include a list of materials, equipment, and supplies for approval. Also, personnel requirements and a detailed work schedule with approximate time of performance at each facility shall be included in the work plan.

Once approved, this plan shall not be changed without the approval of the COR. Also, the Contractor shall visit all work areas with the COR prior to commencement of work. This will provide an opportunity to discuss specific work areas and quality of performance issues.

1.12 SAFETY & SECURITY REQUIREMENTS

1.12.1 The contractor shall comply with all pertinent provisions of the Federal, State, and local regulations as stated in the applicable Safety & Health Requirements Manual per EM 385-1-1. EM 385-1-1 (available on-line at:

http://www.usace.army.mil/CESO/Pages/EM 385-1-1, aspx) and shall take or cause to be taken such additional measures as the Contracting Officer or COR may determine to be reasonable and necessary for the purpose.

1.12.1.1 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 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

1.12.1.2 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 GR 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 personnel of locations and telephone numbers.

1.12.2 The contractor shall take reasonable measures to safeguard any keys issued to them to perform the services required by the contract. All keys shall be returned to the Government upon request and/or completion of the contract. Failure to return keys can result in withholding of payment.

1.12.3 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 disposal of solid waste materials, as well as other pollutants.

1.12.4 Protection of Resources: The Contractor shall not pollute streams, lakes or reservoirs with fuels, oils, bitumens, calcium chloride, acids, insecticides, herbicides or other harmful materials. The Contractor shall investigate and comply with all applicable Federal, State, County and Municipal laws concerning pollution of rivers and streams.

1.12.5 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.

1.12.6 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, 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 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 & chemical type).

1.12.7 Disposal: Disposal of all materials shall be at the appropriate locations as directed by the GR. 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.

1.12.8 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.

1.12.9 Protection of Fish and Wildlife: The Contractor shall at all times perform work and take such steps required to minimize interference with or disturbance to fish and wildlife. The Contractor will not be permitted to alter water flows or otherwise disturb native habitat adjacent to the project area that, in the opinion of the Contracting Officer, are critical to fish or wildlife.

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

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

1.13 ANTITERRORISM/OPERATION SECURITY REQUIREMENTS

1.13.1 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.

2.0 DEFINITIONS AND ACRONYMS: The following definitions and descriptions apply wherever the word, phrase, or acronym is used in this performance work statement.

Contracting Officer’s Representative (COR): Means an individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions.

PWS: Performance Work Statement

Performance-Based Contract: (FAR 2.101) Structuring all aspects of an acquisition around the purpose of the work to be performed with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes as opposed to either the manner by which the work is to be performed or broad and imprecise.

Performance Requirements Summary (PRS): The PRS shows contract requirements, the component requirements related to each contract requirement, the price of each work requirement as a percentage of the associated contract requirement (Fixed Price Contracts), the standard of performance, and the acceptable quality level (AQL) for each work requirement.

Acceptable Level of Performance (ALP): The maximum percent defective, the maximum number of defects per hundred units, or the number of defects in a lot that can be considered satisfactory on the average. The allowable leeway or variance from a standard before the Government will reject the specific service.

Quality Control (QC): A method used by the Contractor to control the quality of goods and services provided.

Quality Assurance (QA): A method used by the Government to provide some measure of control over the quality of purchased goods and services received.

Shall: Imperative

3.0 SPECIFIC TASKS

3.1 Spraying

3.1.1 The contractor shall commence spraying within 48 hours after receipt of notification by the Government

3.1.2 The contractor shall have sufficient equipment, to include a helicopter with micro-foil booms, to complete the spraying within the time specified in the contract. Additional time may be authorized, dependent on weather conditions; however, additional time will be authorized ONLY if determined to be needed by the COR. Additional time will not be allowed due to contractor negligence. It is incumbent upon the contractor to begin services as soon as possible given appropriate weather conditions; failure to do so, will be considered negligence.

3.1.3 The Contractor shall apply the manufacturer-specified mixture rate of herbicide for aerial applications (e.g., 7 pints of glyphosate and 6 pints of imazapyr mix per acre at an application rate of 5 gallons mix per acre to control vegetation).. Aquatic-approved adjuvants (surfactant plus drift retardant) will be added per label directions to the mix to avoid drift and place 100% deposition on the target area. At the completion of each daily herbicide application, a PAR form (attached) will be completed and provided to the COR, identifying location, date, acreage sprayed, application rate, weather conditions, temperature, herbicide name, application rate and herbicide registration number.

3.1.3.1 Herbicides used must include:

1) The aquatic formulation of glyphosate {53.8% N-(phosphonomethyl)glycine in the form of isopropylamine salt} as found in Rodeo® or its generic equivalent, and

2) The aquatic formulation of imazapyr {27-29% active ingredient Isopropylamine salt of Imazapyr: 2-

[4,5-dihydro-4-methyl-4-(1-methylethyl)-5-oxo-1H-imidazol-2-yl]-3-pryidinecarboxylic acid;

equivalent to 22.6% 2-[4,5-dyhydro-4-methyl-4-(1-methylethyl)-5-oxo-1H-imidazol-2-yl]-3-pyridinecarboxylic acid or 2 pounds acid per gallon} as found in Habitat® or its generic equivalent.

All herbicides shall be verified to meet the above requirements by the COR before spraying begins. The original product label shall also be submitted to the COR with the corresponding invoice.

3.1.3.2 Adjuvants must include:

1) A penetrating surfactant composed of a methylated seed oil and approved for aquatic use. This surfactant MUST be compatible with both imazapyr and glyphosate. An example of this is trade name Destiny HC® MSO.

2) A drift retardant approved for aquatic use must be used as needed. Examples include trade names

Interlock® and Grounded®.

All adjuvants shall be verified to meet the above requirements by the COR before spraying begins. Other adjuvants may be used at the discretion of the contractor; however, they must be approved for aquatic use.

3.2 Maps: A map delineating the areas to be sprayed is provided as an attachment. Maps with more detail, as well as a shapefile, will be available from the COR. Contractor will provide GPS data determining actual acres that were sprayed, Arcview-compatible system (e.g. – shapefile) preferred at the completion of all work.

3.3 Storage of Equipment and Supplies: It shall be the responsibility of the Contractor to coordinate any and all staging areas that will be needed to complete the designated spraying. If storage of Contractor equipment and supplies are necessary on U. S. Government property, they will be stored only in areas and in quantities designated and approved by the COR. The Government will assume no responsibility or liability for contractor equipment or supplies stored on Government property. The storage of any gas and oil shall be in accordance with the recommendations of the manufacturer. Any herbicides and associated chemicals must be stored in compliance with state and federal regulations. Contractor shall store equipment in a neat and orderly fashion. Any spills of gas, oil or other chemicals shall be cleaned up by the Contractor.

3.4 Invoicing and Record Keeping: All areas treated shall have Pesticide Application Record (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 (attached) for each area treated on the day of application.

The PAR form(s) shall accompany the invoice before the invoice will be accepted for payment.

Payment will be made upon submittal of invoice. The contractor shall submit one invoice for payment for the deliverable as stated in the contract in accordance with FAR 52.212-4(g). Payment will be made in accordance with FAR 52.212-4(i), for deliverables received and accepted by the Government.

4.0 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

Performance Standard Performance Threshold

Method of Assessment

PRS #1

The Contractor shall provide chemical control services for removal of all vegetation on designated sandbars in accordance with the PWS.

The Contractor must provide services to the performance and safety standards outlined in this PWS and to standards designated by the COR in accordance with the PWS.

Zero Deviation from the Standards in the PWS.

Periodic Surveillance

The Contractor shall provide Pesticide Application Records for each chemical application.

The Contractor must complete PAR forms in accordance with the PWS.

Zero Deviation from the Standards in the PWS.

100% Inspection

PRS #3

The Contractor shall provide GPS Data.

The Contractor will provide GPS data determining actual acres that were sprayed, Arcview-compatible system (e.g. – shapefile) preferred.

Zero Deviation from the Standards in the PWS.

100% Inspection

TECHNICAL EXHIBIT 4

PESTICIDE APPLICATION RECORD

DISTRICT __Omaha___ Date: ___________________

LOCATION _______________________ PROJECT __Gavins Point__________

U.S. ARMY CORPS OF ENGINEERS Address: _PO Box 710___________ PEST CONTROL PROGRAM City: _Yankton, SD 57078_____ POST-APPLICATION DOCUMENTATION FORM Phone: _(402) 667-7873_________

CONTRACTOR ______________________ APPLICATOR _________________________

Address: _____________________________ Address: ______________________________ City: _____________________________ City: ______________________________ Phone: _____________________________ Phone: ______________________________

TARGET PEST _ ________________________________ ___________

Date of Application

Time of Application

Air Temp Relative Humidity

Cloud Cover

Wind Speed

Wind Direction

Acreage Treated

: to

DESCRIPTION OF TREATED AREA ____________________________________________________

PESTICIDE INFORMATION

PESTICIDE (TRADE NAME) ___________________________________________________________

FORM APPLIED _____________________________________________________________________

ACTIVE INGREDIENTS _______________________________________________________________

EPA REGISTRATION NUMBER ________________________________________________________

EPA CLASSIFICATION _______________________________________________________________

APPLICATION INFORMATION

HOW THE PESTICIDE WAS MIXED ____________________________________________________

APPLICATION RATE _________________________________________________________________

AMOUNT APPLIED __________________________________________________________________

APPLICATION EQUIPMENT USED _____________________________________________________

TOTAL NUMBER OF HOURS TO COMPLETE APPLICATION ______________________________

DISPOSAL INFORMATION

DISPOSAL DATE _____________________________________________________________________

METHOD ____________________________________________________________________________

LOCATION __________________________________________________________________________

39-MILE MISSOURI NATIONAL RECREATIONAL RIVER

TECHNICAL EXHIBIT 6

59-MILE MISSOURI NATIONAL RECREATIONAL RIVER

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-18 Availability Of Funds APR 1984 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.203-7996 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation (Deviation 2016-O0003)

OCT 2015

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

DEC 2015

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

DEC 2015

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

OCT 2015

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

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

Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7022 Representation Of Extent Of Transportation Of Supplies By

Sea

AUG 1992

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2016)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov .