16R0099.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F-16-R-0099 17-Jun-2016

b. TELEPHONE NUMBER

402-995-2070

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 05 Jul 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

W59XQG61207477

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 968708 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 GARRISON PRJT OFC NTR RSC SEC

AARON GREGOR

USAED, OMAHACENWO-OD-GA-N

PO BOX 527

RIVERDALE ND 58565

TEL: 701-654-7753 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 OF60

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-0099

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0001 1 Job

AERIAL HERBICIDE SPRAYING GARRSION

FFP

In McClean and Mercer County there are several areas around the Garrison powerhouse and administration facilities, the Snake Creek embankments, as well as in several Corp managed recreation areas, which need to be kept free of vegetation for management reasons. Additionally, at the Williston Office, located in Williams County, management of broadleaf vegetation and bare ground control is necessary on levee embankments, roads, and associated ramps. Vegetation management is a component of our stewardship responsibilities.

See Quote sheet FOB: Destination

MILSTRIP: W59XQG61207477

PURCHASE REQUEST NUMBER: W59XQG61207477

ESTIMATED

NET AMT

UNIT UNIT PRICE ESTIMATED AMOUNT

1001 1 Job

OPTION AERIAL HERBICIDE SPRAYING GARRSION

FFP

n McClean and Mercer County there are several areas around the Garrison powerhouse and administration facilities, the Snake Creek embankments, as well as in several Corp managed recreation areas, which need to be kept free of vegetation for management reasons. Additionally, at the Williston Office, located in Williams County, management of broadleaf vegetation and bare ground control is necessary on levee embankments, roads, and associated ramps. Vegetation management is a component of our stewardship responsibilities.

See Quote sheet FOB: Destination

MILSTRIP: W59XQG61207477

PURCHASE REQUEST NUMBER: W59XQG61207477

UNIT UNIT PRICE ESTIMATED AMOUNT

1002 1 Job OPTION 52.217-8 Extension of Services

FFP

McClean and Mercer County there are several areas around the Garrison powerhouse and administration facilities, the Snake Creek embankments, as well as in several Corp managed recreation areas, which need to be kept free of vegetation for management reasons. Additionally, at the Williston Office, located in Williams County, management of broadleaf vegetation and bare ground control is necessary on levee embankments, roads, and associated ramps. Vegetation management is a component of our stewardship responsibilities.

See Quote sheet FOB: Destination

52.212-1 ADDENDUM; INSTRUCTION

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 due by date stated in Block 8 of the SF 1449. Send your completed 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.

(End of provision)

52.212-2 ADDENDUM;

EVALUATION--COMMERCIAL ITEMS

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

1. Technical – The offeror shall submit a offer 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 an offer that describes their capability of equipment to perform the services described in the PWS.

Additionally, as part of this factor, the offeror 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 offeror 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 offeror shall provide dates and pertinent information to demonstrate how they are comparable to this requirement in size and complexity. The offeror shall include points of contact, titles, telephone numbers, and email addresses (if available) for all references.

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

Factors will be rated as either outstanding, satisfactory, or unacceptable.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer 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.

For the purpose of the award of the contract, the Government intends to evaluate the option to extend services, provided under FAR 52.217-8, as follows: The evaluation will consider the possibility that the option can be exercised at any time, and can be exercised in increments of one to six months, but for no more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8

PWS

PERFORMANCE WORK STATEMENT (PWS)

CHEMICAL APPLICATION SERVICES (VEGETATION MANAGEMENT)

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: In McClean and Mercer County there are several areas around the Garrison powerhouse and administration facilities, the Snake Creek embankments, as well as in several Corp managed recreation areas, which need to be kept free of vegetation for management reasons. Additionally, at the Williston Office, located in Williams County, management of broadleaf vegetation and bare ground control is necessary on levee embankments, roads, and associated ramps. Vegetation management is a component of our stewardship responsibilities.

1.3. Objectives: Vegetation management on an on-call, as needed basis. This will include; vegetation control, manipulation, and inventory. All areas surveyed or treated shall have GPS coordinates, detailed inventory matrix and electronic file for locations as defined in this PWS.

1.4. Scope: The contractor shall perform vegetation management on federal land administered by the USACE Garrison Project. Services include herbicide application and collection of GPS data for all areas chemically treated.

Services include 1) controlling vegetation for designated project operations areas and recreation areas via appropriate chemical application, 2) documenting chemical application services via PAR form completion and collection of GPS datasets, and 3) preparation and submittal of invoices for payment of services. 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 as follows:

Base Period: Date of Award and continue for two (2) years Option Period: If exercised, option period will be for a period of three (3) years.

Total contract with exercised option period would be for five (5) 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 of 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

1.6.15 Invoicing

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.

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.

Chemical application shall be accomplished by the use of ground spraying equipment (4-wheel drive vehicle with spray boom/gun, ORV with spray boom/gun, or backpack/hand-carry spray unit) and/or vessel (boat) only. Areas inaccessible by motorized vehicles will require the use of a backpack/hand-carry spray unit.

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 vegetation management. The contractor shall perform chemical application services on federal land administered by the USACE Garrison Project. Services include 1) controlling vegetation for designated project operations areas and recreation areas via appropriate chemical application, 2) documenting application activities by collecting GPS datasets, completing PAR forms, and compiling data within a comprehensive database, 3) preparation and submittal of invoices for payment of services.

All work shall be completed in accordance with this PWS.

5.2. Specific Services

5.2.1. Vegetation Control: The contractor shall be required to perform vegetation management on an on-call, as needed basis. The contractor shall be on-site and ready to perform vegetation management within 14 calendar days of initial call. The contractor shall be required to perform vegetation control for designated project operations areas and recreation areas via application of the appropriate chemical from sunrise to sunset CST, Monday thru Sunday except federal holidays. Some of the areas may require spot treatments of vegetation control, while others may require extensive coverage.

5.2.2. 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…