Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F-16-T-0036 05-May-2016

b. TELEPHONE NUMBER

402-995-2480

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 23 May 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9128F9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MATTHEW D HIBBERT

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

(TYPE OR PRINT)

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

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

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

W59XQG60703457

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 968805 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 FT RANDALL PRJT OFC NTR RSC SC

CODY WILSON

USAED OMAHACENWO-OD-FR-N

113 RANDALL CREEK ROAD

PICKSTOWN SD 57367

TEL: 605-487-7845 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$7.5M

NAICS:

561730

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 OF71

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.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0001 Job CHEMICAL APPLICATION (Base Year)

FFP

Total Small Business Set-Aside Single Award Task Order Contract (SATOC) for chemical application for Vegetation Control, Fort Randall Project Office;

Pickstown, SD. Work will consist of a wide range of weed and vegetation spraying services at various sites located at the Fort Randall Project Office. Period of performance for this base period is one (1) year from the date of contract award.

FOB: Destination

PURCHASE REQUEST NUMBER: W59XQG60703457

ESTIMATED

NET AMT

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0002 Job OPTION CHEMICAL APPLICATION (Option Years)

FFP

Total Small Business Set-Aside Single Award Task Order Contract (SATOC) for chemical application for Vegetation Control, Fort Randall Project Office;

Pickstown, SD. Work will consist of a wide range of weed and vegetation spraying services at various sites located at the Fort Randall Project Office. Period of performance for this option period is two (2) years from the expiration of the base period.

FOB: Destination

ESTIMATED

NET AMT

BID SCHEDULE

2016 Base Schedule Worksheet Sheet Chemical Application Services (Vegetation Control) @ Fort Randall Project

0001: One (1) post-emergent chemical application (spot spray) on 236,781 sq. feet @ Switchyard w/ the following appropriately labeled chemical(s)/formulation:

_______________________________________________________________ $_________ EA x 1 = $_________

0002: Additional chemical applications as needed per PWS.

A. Up to four (4) post-emergent chemical applications (spot spray) on 37,072 sq. feet @ Boneyard w/ the following appropriately labeled chemical(s)/formulation:

______________________________________________________________ $_________ EA x 4 = $_________

B. Up to four (4) post-emergent chemical applications (spot spray) on 16,374 sq. feet @ Gregory County Pump House w/ the following appropriately labeled chemical(s)/ formulation:

C. Up to four (4) post-emergent chemical applications (spot spray) on 62,105 sq. feet @ Launch Area w/ the following appropriately labeled chemical(s)/formulation:

D. Up to four (4) post-emergent chemical applications (spot spray) on 95,941 sq. feet @ Outside Maintenance Facility w/ the following appropriately labeled chemical(s)/

______________________________________________________________ $________ EA x 4 = $__________

E. Up to four (4) post-emergent chemical applications (spot spray) on 5,764 sq. feet @ Spillway Control House Gravel Parking Lots (2 total) w/ the following appropriately labeled chemical(s)/formulation:

F. Up to three (3) post-emergent chemical applications (spot spray) on 236,781 sq. feet

______________________________________________________________ $________ EA x 3 = $__________

G. Up to four (4) post-emergent chemical applications (spot spray) on 90,845 sq. feet @ Western Grove w/ the following appropriately labeled chemical(s)/formulation:

_______________________________________________________________ $________ EA x 4 = $__________

H. Up to four (4) post-emergent chemical applications (spot spray) on 45,520 sq. feet @ A-Wall Rip-Rap w/ the following appropriately labeled chemical(s)/formulation:

I. Up to four (4) post-emergent chemical applications (spot spray) on 18,697 sq. feet @ Launch Area Rip-Rap w/ the following appropriately labeled chemical(s)/formulation:

J. Up to four (4) post-emergent chemical applications (spot spray) on 47,205 sq. feet @ Powerhouse Lower Retaining Wall Rip-Rap w/ the following appropriately labeled chemical(s)/formulation:

K. Up to four (4) post-emergent chemical applications (spot spray) on 27,970 sq. feet @ Powerhouse Upper Retaining Wall Rip-Rap w/ the following appropriately labeled

_____________________________________________________________ $________ EA x 4 = $__________

L. Up to four (4) post-emergent chemical applications (spot spray) on 12,568 sq. feet @ Switchyard Rip-Rap w/ the following appropriately labeled chemical(s)/formulation:

M. Up to four (4) post-emergent chemical applications (spot spray) on 130,642 sq. feet @ Tailrace Lower Rip-Rap w/ the following appropriately labeled chemical(s)/

N. Up to four (4) post-emergent chemical applications (spot spray) on 48,521 sq. feet @ Tailrace Upper Rip-Rap w/ the following appropriately labeled chemical(s)/

O. Up to four (4) post-emergent chemical applications (spot spray) on 780,595 sq. feet @ Upstream Dam Embankment Rip-Rap w/ the following appropriately labeled

P. Up to four (4) post-emergent chemical applications (spot spray) on 61,282 sq. feet @ Visitor Center Rip-Rap w/ the following appropriately labeled chemical(s)/

Q. Up to four (4) post-emergent chemical applications (spot spray) on 11,598 sq. feet @ Gregory County Pump House Aggregate Stockpiles (2 total) w/ the following appropriately labeled chemical(s)/formulation:

R. Up to four (4) post-emergent chemical applications (spot spray) on 6,236 sq. feet @ Launch Area Aggregate Stockpile (1 total) w/ the following appropriately labeled

S. Up to four (4) post-emergent chemical applications (spot spray) on 2,669 sq. feet @ Outside Maintenance Facility Aggregate Stockpiles (2 total) w/ the following

T. Up to four (4) post-emergent chemical applications (spot spray) on 46,071 sq. feet @ Tailrace Aggregate Stockpiles (7 total) w/ the following appropriately labeled

U. Up to four (4) post-emergent chemical applications (spot spray) on 102,561 sq. feet @ Western Grove Aggregate Stockpiles (14 total) w/ the following appropriately

2016 GRAND TOTAL - $__________________

2017 Option Schedule Worksheet

0003: One (1) pre-emergent chemical application (bareground) on 308,101 sq. feet to include Boneyard, Gregory County Pump House, Launch Area, Outside Maintenance Facility, Spillway Control House Gravel Parking Lots (2 total), &

______________________________________________________________ $_________ EA x 1 = $_________

0004: Additional chemical applications as needed per PWS.

F. Up to four (4) post-emergent chemical applications (spot spray) on 236,781 sq. feet

J. Up to four (4) post-emergent chemical applications (spot spray) on 47,205 sq. feet @ Powerhouse Lower Retaining Wall Rip-Rap w/ the following appropriately labeled

L. Up to four (4) post-emergent chemical applications (spot spray) on 12,568 sq. feet @

M. Up to four (4) post-emergent chemical applications (spot spray) on 130,642 sq. feet @ Tailrace Lower Rip-Rap w/ the following appropriately labeled chemical(s)/

_____________________________________________________________ $_________ EA x 4 = $_________

2017 GRAND TOTAL - $__________________

2018 Option Schedule Worksheet

0005: One (1) pre-emergent chemical application (bareground) on 308,101 sq. feet to include Boneyard, Gregory County Pump House, Launch Area, Outside Maintenance Facility, Spillway Control House Gravel Parking Lots (2 total), &

____________________________________________________________ $________ EA x 1 = $__________

0006: Additional chemical applications as needed per PWS.

F. Up to four (4) post-emergent chemical applications (spot spray) on 236,781 sq. feet

______________________________________________________________ $________ EA x 4 = $__________

J. Up to four (4) post-emergent chemical applications (spot spray) on 47,205 sq. feet @ Powerhouse Lower Retaining Wall Rip-Rap w/ the following appropriately labeled

L. Up to four (4) post-emergent chemical applications (spot spray) on 12,568 sq. feet @

M. Up to four (4) post-emergent chemical applications (spot spray) on 130,642 sq. feet @ Tailrace Lower Rip-Rap w/ the following appropriately labeled chemical(s)/

2018 GRAND TOTAL - $__________________

Total Base + Options - $___________________

52.212-1

Instructions to Quoters—Commercial Items

This solicitation is being advertise as a low price/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 a quotation in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation.

See item 8 of the SF 1449 for the due date for quotations. Send your completed quotation package to the attention of Matt Hibbert, 402-995-2480 or matthew.d.hibbert@usace.army.mil. Electronic quotations are preferred over paper responses, unless other arrangements have been made with the individual identified above.

As a minimum, quotations must show-

(1) The solicitation number;

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

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

(4) A technical description of the items being quoted 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 quoter 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 quotation 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. Quotations that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Reserved.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotations. 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 testing.

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

(f) Late submissions.

(1) Quoters are responsible for submitting quotations 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 quotations are due.

(2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before purchase order issuance and the

Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition.

(3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations 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 quotations 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.

(g) Issuance of purchase order. Quotations should contain the quoter’s best technical and price terms. The Contracting Officer may reject any or all quotations. The Contracting Officer may issue a purchase order to other than the quoter with the lowest priced quotation. After the evaluation of quotations, the Contracting Officer may negotiate final terms with one or more quoters of the Government’s choice before issuing any purchase order. The Contracting Officer will not negotiate with any quoters other than those of the Government’s choice and will not use the formal source selection procedures described in FAR part 15.

(h) Multiple purchase orders. The Government may issue a purchase order for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to issue a purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quotation.

(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 quotations exceeding $3,000, and quotations of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The quoter shall enter, in the block with its name and address on the cover page of its quotation, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the quoter’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 quoter to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the quoter does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A quoter 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. A quoter located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The quoter should indicate that it is a quoter 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 a quotation, the quoter acknowledges the requirement that a prospective contractor shall be registered in the SAM database prior to purchase order issuance, during performance and through final payment of any contract resulting from this solicitation. If the quoter does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to issue the purchase order to the next otherwise successful registered quoter. Quoters may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Requests for information. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on purchase order(s) resulting from this solicitation from the contracting officer.

(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.

SPECIAL CONTRACT REQUIREMENTS

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REQUIREMENTS

This is a requirements contract for vegetation control in accordance with the performance work statement (PWS) as specified herein and effective for a one (1) year base period with a two (2) year option period; totaling a maximum of a three (3) year performance period for the awarded contract. Each Task Order will be issued with a time of completion.

a. Delivery or performance shall be made only as authorized by orders issued in accordance with the ordering clause. The contractor shall furnish to the Government, when and if ordered, work for the items specified.

b. Except for any limitations on quantities in the task-order limitations clause, there is no limit on the number of orders that may be issued.

c. Any order issued during the effective period of this contract shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract effective period.

1.1.1 ORDERING

a. Any supplies and services to be furnished under this contract shall be ordered by issuance of task orders by the Contracting Officer.

b. All task orders are subject to the terms and conditions of this contract. In the event of conflict between a task order and this contract, the contract shall control.

c. If mailed, a tasks order is considered "issued" when the Government deposits the order in the mail. All orders must be in written form (FAR 52.216-18)

1.2 TASK ORDER LIMITATIONS

1.2.1 MINIMUM ORDER

When the Government requires supplies or services covered by this contract in amount of less than $2,500 for any one Project Site, Task Order, the Government is not obligated to purchase, nor is the Contractor obligated to furnish those items under the contract. (Based on FAR 52.216-19).

1.2.2 MAXIMUM ORDER

The Contractor is not obligated to honor—

a. Any single Task Order in excess of $10,000 during the life of this contract as specified in paragraph 1.1.

above.

b. Any order when a combination of Task Orders in effect at any point in time is in excess of $149,000 during the life of this contract as specified in paragraph 1.1. above.

c. A series of orders from the same ordering office within the time periods stated that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

1.2.3 Orders Exceeding Maximum

If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph 1.2.2 above.

1.2.4 Orders Denied

Notwithstanding paragraphs 1.2.1 and 1.2.2 above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph 1.2.2, unless that order (or orders) is returned to the ordering officer within 2 days after issuance, with written notice stating the Contractor's intent not to provide the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

1.3 SUBMITTALS

See PWS

1.4 CONTRACT LIMITATIONS

Minimum Contract: $2,500

Maximum Contract: $149,000

1.5 PERFORMANCE OF WORK

The Contractor shall, upon receipt of duly executed task orders, perform all work required of this contract for projects described in said task orders. The Contractor shall complete all work under this contract within the period of time specified in task orders to be issued except that no task orders shall be issued hereunder after the expiration of this contract.

1.6 DESCRIPTION OF WORK ORDER

The Contracting Officer or his authorized representative will provide the Contractor with a description of the services to be provided for any work request. The Contractor shall respond to the need of the Government within 2 working days by visiting the work site in the company of the Contracting Officer or his authorized representative to examine conditions effecting construction time and to further clarify the scope of the work. Date for submittal of the Contractor's proposal for the construction time will be as agreed upon by the Government and the Contractor.

Negotiations, if required, will be conducted to establish a completion date and resolve any questions on the schedule of items being ordered. The Task Order will then be issued by the Contracting Officer. The Task Order price will be determined by applying prices from the Schedule to the services being ordered.

1.6.1 NOTICE OF COMPLETION OF TASK ORDER

The Contractor shall notify the Contracting Officer upon completion of each individual task order. The Contractor shall give advance notice of the date the work will be fully completed and ready for final inspection.

1.7 CONTRACT DRAWINGS AND SPECIFICATIONS

1.7.1 NOTIFICATION OF DISCREPANCIES

1.7.2 OMISSIONS

Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work but they shall be performed as if fully and correctly set forth and described in the drawings and specifications.

PWS

PERFORMANCE WORK STATEMENT (PWS)

CHEMICAL APPLICATION SERVICES (VEGETATION CONTROL)

USACE FORT RANDALL PROJECT

399 POWERHOUSE ROAD

PICKSTOWN, SD 57367

PART 1

GENERAL INFORMATION

1. GENERAL: This is a Firm Fixed Price (FFP) Requirments service contract to perform chemical application on lands administered by the USACE Fort Randall Project Office.

1.1. Description of Services/Introduction: The contractor shall furnish all labor, utilities, materials, equipment, supervision, and other items and non-personal services necessary to perform chemical application services as defined in this PWS except for those items specified as government furnished property and services (Part 3). The contractor shall perform to the standards in this PWS.

1.2. Background: Approximately 5,901 acres of federal land is administered by the USACE Fort Randall Project in the South Unit. Said land starts approximately two (2) miles downstream of the Fort Randall Dam and continues upstream along both riverbanks (including shoreline) of Lake Francis Case (in Charles Mix and Gregory Counties) to the Platte-Winner/Highway 44 Bridge. Noxious weed control and vegetation management are a component of our stewardship responsibilities.

1.3. Objectives: Chemically treat (kill) all vegetation in designated areas of federal lands administered by the USACE Fort Randall Project and document (PAR completion) chemical application activities. Spot spraying and solid coverage will be the methods of control.

1.4. Scope: The contractor shall perform chemical application services in designated areas (see provision 1.6.5.) of approximately 5,901 acres of federal land administered by the USACE Fort Randall Project. Services throughout the period of performance include 1) treating all vegetation via chemical application, 2) documenting application activities by completing PARs, and 3) preparation and submittal of invoices for payment of services.

1.5. Period of Performance: The period of performance shall be for three (3) years, unless terminated sooner.

Depending on seasonal weather patterns, the spraying season typically lasts for seven (7) months per year (April thru October).

1.6. General Information

1.6.1. Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirements of this PWS. The details of the contractor’s quality control program shall be outlined and described in a quality control plan. The quality control plan shall be submitted at the pre-work meeting.

1.6.2. Quality Assurance: The government will evaluate the contractor’s performance under this contract in accordance with Part 7 of this PWS. The evaluation is primarily focused on what the government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). The Technical Point of Contact (TPOC) will be allowed at any time or place the contractor is on government property, to obtain a sample of the chemical for testing. If the contractor is found to be using a chemical off-label or a chemical not approved for use by the Contracting Officer, the contract will be terminated and the contractor shall be held liable for any damages and pay for the completion of the contract by a different source. The TPOC will be allowed to observe and photograph all work activities conducted in completion of this PWS. The TPOC may inspect the work as the contract progresses. The contractor will not be paid for any work performed that is deemed defective. Any defective service(s) noted by the TPOC shall be corrected at no additional cost to the government. The contractor shall be responsible to perform only that work specified within the PWS, and shall receive no compensation for any work performed that is not specified within the PWS. No government personnel will be allowed to assist the contractor with actual spraying activities or supervision of the contractor's personnel.

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

Memorial Day Independence Day Labor Day Columbus Day

1.6.4. Hours of Operation: The contractor is responsible for performing chemical application services during daylight hours, Monday thru Sunday, except federal holidays or when the government facility is closed due to local or national emergencies, administrative closings, or similar government directed facility closings. 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 in designated areas of approximately 5,901 acres of federal land administered by the USACE Fort Randall Project, Pickstown, South Dakota 57367.

1.6.5.1. Operations Pre-Emergent (Bareground) Chemical Application shall be performed in the following areas at the direction of the TPOC upon issuance of a task order:

A. Boneyard – 37,072 sq. feet B. Gregory County Pump House – 16,374 sq. feet C. Launch Area – 62,105 sq. feet D. Outside Maintenance Facility – 95,941 sq. feet E. Spillway Control House Gravel Parking Lots (2 total) – 5,764 sq. feet F. Western Grove – 90,845 sq. feet

1.6.5.2. Operations Post-Emergent (Spot-Spray) Chemical Application shall be performed in the following areas at the direction of the TPOC upon issuance of a task order:

A. Boneyard – 37,072 sq. feet B. Gregory County Pump House – 16,374 sq. feet C. Launch Area – 62,105 sq. feet D. Outside Maintenance Facility – 95,941 sq. feet E. Spillway Control House Gravel Parking Lots (2 total) – 5,764 sq. feet F. Switchyard – 236,781 sq. feet G. Western Grove – 90,845 sq. feet

1.6.5.3. Rip-Rap Post-Emergent (Spot-Spray) Chemical Application shall be performed in the following areas at the direction of the TPOC upon issuance of a task order:

A. A-Wall Rip-Rap – 45,520 sq. feet

B. Launch Area Rip-Rap – 18,697 sq. feet C. Powerhouse Lower Retaining Wall Rip-Rap – 47,205 sq. feet D. Powerhouse Upper Retaining Wall Rip-Rap – 27,970 sq. feet E. Switchyard Rip-Rap – 12,568 sq. feet F. Tailrace Upper Rip-Rap – 48,521 sq. feet G. Tailrace Lower Rip-Rap – 130,642 sq. feet H. Upstream Dam Embankment Rip-Rap – 780,595 sq. feet I. Visitor Center Rip-Rap – 61,282 sq. feet

1.6.5.4. Aggregate Stockpile Post-Emergent (Spot-Spray) Chemical Application shall be performed in the following areas at the direction of the TPOC upon issuance of a task order:

A. Gregory County Pump House Aggregate Stockpiles (2 total) – 11,598 sq. feet* B. Launch Area Aggregate Stockpile (1 total) – 6,236 sq. feet* C. Outside Maintenance Facility Aggregate Stockpiles (2 total) – 2,669 sq. feet* D. Tailrace Aggregate Stockpiles (7 total) – 46,071 sq. feet* E. Western Grove Aggregate Stockpiles (14 total) – 102,561 sq. feet*

*Denotes square footage of the stockpile base (perimeter) at the ground surface only. Figure does not include the cubic yards (volume) of the stockpile height above ground which the contractor is required to treat with chemical application.

1.6.6. Type of Contract: The government will award a requirements service contract based upon the three (3) evaluation factors listed below. All evaluation factors other than cost or price, when combined, are approximately equal to cost or price.

1.6.6.1. Past Performance Factor: Contractor shall provide three (3) completed Form PPQ-0 Past Performance Questionnaires (see Attachment 5) from customers with whom the contractor has completed chemical application activities of similar size and scope to this contract within the past five (5) years.

1.6.6.2. Technical Factor: Contractor shall provide: 1) a list of current equipment and staffing proposed to be used on this contract, and 2) written summaries of three (3) previous job experiences completed within the last five (5) years that are similar in size and scope to this contract.

1.6.6.3. Cost Factor: Contractor shall provide legible chemical(s)/formulations and bid prices for all line items on the enclosed bidding schedule worksheet.

1.6.7. Security Requirements: N/A

1.6.7.1. Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property furnished for contractor use. The contractor shall be responsible for locking access/security gates behind him immediately upon ingress/egress. The contractor shall be responsible for notifying (via phone) the on-duty control room operator for every arrival and departure from the power-house proper. The contractor shall not enter or exit the premises prior to making contact with a “live” operator. At the close of each work period, government facilities (access/security gates) shall be secured.

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 KO.

1.6.7.2.1. In the event keys, other than master keys, are lost or duplicated, the contractor shall, upon direction of the KO, 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 KO.

1.6.7.3. Lock Combinations: N/A

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 South Dakota commercial applicator license with category G, 1A, and 7 certifications 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, 6) all personnel are trained and have working knowledge of the specific vehicles/equipment they will operate and tasks they are directed to perform, and 7) all personnel conduct themselves in a professional manner during performance of the work required.

1.6.9. Post Award Conference, Periodic Progress Meetings, & Coordination: The contractor shall attend any post award conference and progress meetings convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The TPOC and other government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the TPOC will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

These meetings shall be at no additional cost to the government.

1.6.10. Technical Point of Contact (TPOC): The TPOC monitors all technical aspects (QA) of the contract and assists in contract administration. The TPOC 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 KO and contractor of any deficiencies;

coordinate availability of government furnished property; and provide site entry of contractor personnel. The TPOC is not authorized to change any of the terms and conditions of the resulting order. The TPOC for this contract is Mike Hubert at 605-487-7845, extension 3222.

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 KO. 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 thru 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, and

3) working knowledge of the required IT equipment (cell phone (calling and texting), computer (email), facsimile) and associated software.

1.6.12. Identification of Contractor Employees: All 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. Personnel are not required to obtain and wear name badges. All personnel performing contract work requiring them to drive off-road will be issued an ORV permit by the TPOC at the pre-work meeting.

1.6.13. Contractor Travel: The contractor will be required to travel to and from their place of business or residence to designated areas (see provision 1.6.5.) of approximately 5,901 acres of federal land administered by the USACE Fort Randall Project to complete the requirements of this PWS.

1.6.14. Other Direct Costs: N/A

1.6.15. Data Rights: N/A

1.6.16. Organizational Conflict of Interest: N/A

1.6.17. Phase In/Phase Out Period: N/A

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

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

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

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

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

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

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

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

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

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

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

2.1.13. WORK WEEK. Monday thru Sunday.

2.2. ACRONYMS:

A-B-C Fire Extinguisher Classification ANS Aquatic Nuisance Species ATV All-Terrain Vehicle CFR Code of Federal Regulations COR Contracting Officer Representative CST Central Standard Time EM Engineer Manual EFT Electronic Funds Transfer EPA Environmental Protection Agency FAR Federal Acquisition Regulation FFP Firm-Fixed Price IDIQ Indefinite Delivery Indefinite Quantity IT Information Technology KO Contracting Officer NPDES National Pollutant Discharge Elimination System ORV Off-Road Vehicle OZ Ounces PAR Pesticide Application Record QA Quality Assurance QC Quality Control SDS Safety Data Sheets T&E Threatened and Endangered Species TE Technical Exhibit USACE United States Army Corps of Engineers UTV Utility Terrain Vehicle

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The government will furnish purchase order(s) and quality assurance (QA).

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

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

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

3.5. Materials: The government will furnish 1) CFR, Title 36 Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects pamphlet, 2) ORV permit(s), 3) USACE Manual EM 385-1-1 entitled “Safety and Health Requirements Manual”, dated 01 March 2015 (electronic version); 4) task order priority list(s) of treatment area(s) (as necessary), 5) initial hard-copy PAR form (an electronic fillable copy is available upon request), 6) area of avoidance lists (due to human activity or T&E species), 7) photocopies of the original PAR forms submitted with invoices (upon request), 8) initial hard-copy invoice worksheet (an electronic fillable copy is available upon request), 9) local emergency telephone phone numbers, (10) enlarged vicinity maps/aerial photographs (upon request), and 11) access gate key(s).

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

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

4.2. Secret Facility Clearance: N/A

4.3. Utilities: The contractor shall furnish his own municipal water source for tank mixing purposes. The contractor is not authorized to utilize raw (non-potable/untreated) water from Lake Francis Case for any purpose under this contract other than to float his vessel (boat) when conducting chemical application services.

4.4. Materials: The contractor shall furnish all necessary materials, such as but not limited to, chemicals, insurance, permits, licenses, product…