Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F-16-T-0047 07-Jul-2016

b. TELEPHONE NUMBER

402-995-2854

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 19 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 X 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

DEAN P MATUSZEWSKI

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

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

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

W59XQG60713487

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 9682AG 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 TRI-LAKES PROJECT OFFICE

SCOTT FRANKLIN

USAED, OMAHACENWO-OD-TL

9307 SOUTH WADSWORTH

LITTLETON CO 80128

TEL: 3039794120 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 Million

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 OF63

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.

Corps Contract W9128F-16-T-0047, Performance Work Statement Cherry Creek Dam Spillway, Aurora, Colorado

Woody Vegetation Removal, Phase3

US Army Corps of Engineers PWS Pg 3 of 63 Cherry Creek Dam Spillway Woody Vegetation Removal Phase 2, Mod1

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Cherry Creek Vegetation Removal

FFP

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform woody vegetation removal from the Cherry Creek Dam Emergency Spillway, Right Bank as defined in this Performance Work Statement except for those items specified as government furnished property and services FOB: Destination

MILSTRIP: W59XQG60713487

PURCHASE REQUEST NUMBER: W59XQG60713487

NET AMT

SOLICITATION INSTRUCTIONS

This solicitation is being advertised on a best value basis. Reference FAR Clause 52.212-2 “Evaluation Commercial Items” for more information on the evaluation criteria.

Please complete and return the following:

- The Standard Form (SF) 1449 pages where it was necessary to fill in information/price(s) and/or signature.

- The following documents necessary to evaluate the factors stated in Evaluation -- Commercial Items (FAR Clause 52.212-2):

1) Past Performance- Offerors are required to provide three references willing and able to provide information regarding past performance for work of this or similar nature.

2) Technical Capability- Offerors must demonstrate ability to complete all task described in the Performance Work Statement.

3) Price- Offerors prices will be ranked against all competing firms and evaluated for reasonableness.

Each Factor shall be weighed Equally

US Army Corps of Engineers PWS Pg 4 of 63

Please enter your CAGE Code in Block 17a of the SF1449 within the smaller block next to the word “CODE.” The company name and street address entered on the SF1449 should match the System for Award Management (SAM) entry for that CAGE Code.

Due date/time:

Quotations are due by 2:00 pm on 22 July 2016. Send your completed quotation package to the attention of Dean P.

Matuszewski via email to: dean.p.matuszewski@usace.army.mil. Electronic responses are preferred over paper responses.

Please reference Solicitation Number W9128F-16-T-0047 on all correspondence.

Points of Contact (POC):

For contractual questions, contact Dean P. Matuszewski via email dean.p.matuszewski@usace.army.mil or phone 402-995-2854

INFORMATION PERTAINING TO MANDATORY REGISTRATIONS, CODES, NUMBERS &

REPRESENTATIONS & CERTIFICATIONS:

System for Award Management (SAM):

What is SAM?

The System for Award Management (SAM) is combining federal procurement systems and the Catalog of Federal Domestic Assistance into one new system. This consolidation is being done in phases. The first phase of SAM includes the functionality from the following systems:

* Central Contractor Registry (SAM)

* Federal Agency Registration (FedReg)

* Online Representations and Certifications Application (ORCA)

* Excluded Parties List System (EPLS)

How will SAM benefit me?

The overarching benefits of SAM include streamlined and integrated processes, elimination of data redundancies, and reduced costs while providing improved capability.

SAM registration is required prior to receiving contract award. If you are not currently registered in SAM, refer to the website at https://www.sam.gov for information and instructions on how to register.

SAM Service Desk:

URL: http://www.FSD.gov (8am - 8pm Eastern Time) US Calls: 866-606-8220 International Calls: 334-206-7828

DSN: 809-463-3376

Do not delay returning a quote while processing your SAM entry.

Electronic Funds Transfer (EFT):

EFT is a mandatory requirement for the U.S. Army Corps of Engineers. The successful offeror may be required to complete and return an EFT form unless the offeror has EFT information loaded in SAM.

US Army Corps of Engineers PWS Pg 5 of 63

NAICS Code:

This solicitation is being advertised under the North American Industrial Classification Systems (NAICS) Code listed in Box 10 on Page 1 of the SF 1449. You must ensure this NAICS Code is incorporated into your current SAM profile if your company can provide the type of product or service applicable to this NAICS Code. Failure to have this NAICS Code in your current SAM profile may result in not being considered for award. NAICS Codes may be viewed at the U.S. Census Bureau website at http://www.census.gov/eos/www/naics

Dun and Bradstreet Number (DUNS Number):

A DUNS Number is required for SAM registration. If you do not currently have a DUNS number, you may acquire one by linking to the Dun & Bradstreet (D&B) website at http://fedgov.dnb.com/webform. D&B’s Government Customer Response Center (GCRC) phone number is 866-705-5711.

Dun & Bradstreet (D&B) provides a DUNS Number, a unique nine digit identification number, for each physical location of your business.

DUNS Number assignment is free for all businesses required to register with the US Federal Government for contracts or grants.

If a DUNS Number does not exist for your business location, it can be created within 1 business day via the D&B website.

OFFEROR’S INFORMATION REQUIRED TO PROCESS AN AWARD:

CAGE Code______________________

DUNS Number ___________________

Tax Identification Number (TIN)______________________________

Company Name and Address:

(Should match SAM profile and Block 17a on SF 1449)

Point of Contact:

Name_______________________________________

Title________________________________________

Business Phone ______________________________

Cell Phone (if applicable)______________________

E-Mail______________________________________

US Army Corps of Engineers PWS Pg 6 of 63

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.

Payments:

Payments will be made after receipt of a proper invoice or receipt of acceptable supplies or services, whichever is later. The contractor is required to include the contract number on all invoices so that receipt and payment for the item or service may be expeditiously processed.

Insurance Required (Local Provision):

In accordance with FAR 28.306 Insurance Under Fixed-Price Contracts and FAR 28.306(b) Work on a Government installation, as contemplated by the Contracting Officer, the coverage specified in FAR 28.307 is the minimum insurance required and shall be included in the contract. The following coverage limits are required, at a minimum, for any work performed on a Government installation under this agreement.

Type Amount Workman’s Compensation and Employer’s Liability Insurance $100,000 General Liability Insurance $500,000 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

PWS

Cherry Creek Dam

Emergency Spillway, Right Bank Woody Vegetation Removal Phase 3

Solicitation No. W9128F-16-T-0047

US Army Corps of Engineers PWS Pg 7 of 63

Contract No. W9128F-XX-X-XXXX

Cherry Creek Dam Aurora, CO

June 2016

US Army Corps of Engineers PWS Pg 8 of 63

PART 1

GENERAL INFORMATION

1. GENERAL. This is a non-personal services contract to provide woody vegetation removal from the Cherry Creek Dam Emergency Spillway, Right Bank. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform woody vegetation removal from the Cherry Creek Dam Emergency Spillway, Right Bank as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background.

Woody vegetation growth both inhibits the conveyance of water through the spillway and has potential to cause damage to the spillway structure from its root system. Dam safety and hydraulic studies show that the growth must be removed to allow proper function of the spillway.

1.3 Objectives. The objective of this contract is to permanently remove woody vegetation from the identified areas within the Cherry Creek Dam Emergency Spillway, Right Bank so re-growth does not occur.

1.4 Scope - Basic Contract. The scope of work for the Basic Contract includes the permanent removal, so re-growth does not occur, of all trees and woody vegetation equal to or larger than two inches in diameter currently existing in the spillway, at the Cherry Creek Emergency Spillway as follows:

Laterally to the direction of flow:

1.4.1. On the right embankment of the spillway from the spillway invert centerline up to the crest of the right embankment.

1.4.2. On the crest of the right spillway embankment landward (southeast) for 10 feet.

Longitudinally to the direction of flow:

1.4.3. From the Griswold Pipe east to Chambers Road (approximately 5,500 feet).

All deadfall within the limits of the contract shall also be removed. Zero regrowth of woody vegetation shall be accomplished by applying an EPA-approved, aquatic-safe herbicide treatment to the woody vegetation stumps after removal. A bio-degradable marker dye is required with all spray applications. The woody vegetation, including dead fall, shall be

US Army Corps of Engineers PWS Pg 9 of 63 permanently removed from the project site and be properly disposed of off of government property. The remaining dead stumps shall protrude no more than three inches from the surface of the ground. All disturbed grasses or ground cover shall be replaced to the level of the original covering prior to work.

The following requirements will be met by the contractor:

1.4.1. All work shall be performed safely and in accordance with US Army Corps of Engineers (Corps) Safety Manual EM 385-1-1.

1.4.2. The Contractor Quality Control Plan shall include an Activity Hazard Analysis (AHA), Accident Prevention Plan (APP), proposed herbicide(s), and proposed list of equipment to be used on site, and shall be submitted to the Contracting Officer’s Representative(COR) within 21 days after the Contract Award is received by the contractor.

1.4.4. Attendance by the contractor at the Pre-Construction Conference, Pre-Construction Conference Site Visit and Periodic Progress Meetings.

1.5 Period of Performance. All work for the Basic Contract shall be completed within 180 calendar days of receiving the Contract Award.

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 the contractor assures the work complies with the requirement of the contract. One digital copy of the Quality Control (QC) Plan shall be submitted to the COR as described in Submittals Section 5.12 no later than 21 days after receiving the Contract Award. Digital copies of any changes to the quality control plan shall be submitted to the COR within 5 working days when changes are made thereafter. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

1.6.3 Recognized Holidays. Unless coordinated with and authorized by Corps’ Tri-Lakes Operation Project Manager or Civil Engineer, the contractor shall not perform services on Saturdays or Sundays or on the following recognized federal holidays:

New Year’s Day Labor Day Martin Luther King Jr. Day Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.6.4 Hours of Operation. The contractor is responsible for conducting business between the hours of 7:00am and 5:00 pm, Monday through Friday, except Federal holidays as specified

US Army Corps of Engineers PWS Pg 10 of 63 above, or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the performance of all tasks defined within this PWS.

1.6.5 Place of Performance. The work to be performed under this contract will be performed at the Cherry Creek Dam Emergency Spillway, Right Bank in unincorporated Arapahoe County, CO.

1.6.6 Type of Contract. The government will award a Fixed Price Contract for these services.

1.6.7 Security Requirements. Contractor personnel performing work under this contract must provide a list of personnel and vehicles used on site.

1.6.7.1 Physical Security. The contractor shall be responsible for safeguarding all equipment and property. Access gates shall be secured at all times.

1.6.8 Pre-Construction Conference / Pre-Construction Site Visit / Periodic Progress Meetings. The Contractor agrees to attend all Pre-Construction Conferences, Pre- Construction Site Visits and Periodic Progress Meetings convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart

42.5. The Contracting Officer, Contracting Officer's Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the Contracting Officer or COR will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be held at no additional cost to the government.

1.6.9 Contracting Officer's Representative (COR). The COR is a government employee who will be identified by a separate government-generated letter. The COR monitors all technical aspects of the contract and assists in contract administration, and is authorized to perform the following functions:

1.6.9.1. Assure that the Contractor performs the technical requirements of the contract.

1.6.9.2. Perform inspections necessary to contract performance.

1.6.9.3. Maintain written and oral communications with the Contractor concerning technical aspects of the contract.

1.6.9.4. Issue written interpretations of technical requirements, including Government drawings, designs, and specifications.

1.6.9.5. Monitor Contractor's performance and notify both the Contracting Officer and Contractor of any deficiencies.

1.6.9.6. Coordinate availability of government furnished property and provide site entry of Contractor personnel.

US Army Corps of Engineers PWS Pg 11 of 63

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. The COR is not authorized to change any terms or conditions of this contract, especially with regard to cost or price, estimates or changes in delivery dates.

1.6.10 Key Personnel. The following are considered key personnel by the government:

Government Contracting Officer: Lee McCormick Contracting Officer's Representative (COR): Scott Franklin

The contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name of the Contract Manager and an alternate who shall act for the contractor when the Contract Manager is absent shall be designated in writing to the Contracting Officer. The Contract Manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The Contract Manager or alternate shall be available on-site between 7:00am and 5:00 pm when work is being performed by the contractor, Monday through Friday, except Federal holidays or when the government facility is closed for administrative reasons.

1.6.11 Identification of Contractor Employees. All contractor vehicles shall be identified with Corps’ vehicle magnets supplied by the government.

1.6.12 Pre-Quote Site Visit. Attendance at the Pre-Quote Site Visit is highly recommended for individuals who intend to submit a quote, as the work is very site specific and access to the work site is very limited. The Pre-Quote Site Visit will be held at 9am Thursday 14 July , 2016. The meeting place of the Pre-Quote Site Visit shall be near the CDOT maintenance facility entrance near the intersection of Wheeling Street and South Heather Gardens Way in Aurora, CO. Contact Mr. Scott Franklin at 720-922-3845 or j.scott.franklin@usace.army.mil to confirm attendance by Monday, 11 July 2016.

1.6.13. Quotation Submittal. This solicitation will be awarded on the basis of best value and is detailed in Standard Form SF1449, completed and returned to the government as follows:

1.6.13.1. Standard Form SF1449 pages with specific information, price(s) and signature.

1.6.13.2. Documentation required in FAR Clause 52.212-2 “Evaluation – Commercial Items” on Page 10 of the PWS.

1.6.13.3. Offeror Representations and Certifications – Commercial Items (FAR Clause 52.212-3) (or verify registration on ORCA as discussed later in this document).

1.6.13.4. CAGE Code in Block 17a of the SF 1449 within the smaller block next to the word “code”. The company name and street address entered on SF1449 should match the Central Contractor Registration (CCR) entry for that CAGE Code. The offeror’s CCR Profile must contain the North American Industrial Classification Systems (NACS) Code listed in Block 10 on Page 1 of SF1449 in order to be awarded this contract. (Additional information pertaining to the CCR, CAGE Code and NAICS Code is contained in this

US Army Corps of Engineers PWS Pg 12 of 63

Instructions and Notices Section and in the Clauses section of this solicitation.)

1.6.14. Offers are due by 2pm CST on Tues 19 July, 2016. Send your completed solicitation package to the attention of Dean Matuszewski via mail or e-mail as follows:

U.S. Army Corps of Engineers – Omaha District ATTN: Dean Matuszewski 1616 Capitol Avenue Omaha, NE 68102-4901

Email: dean.p.matuszewski@usace.army.mil (Please scan documents with signatures)

Reference Solicitation Number W9128F-16-T-0047 with all correspondence.

US Army Corps of Engineers PWS Pg 13 of 63

PART 2

DEFINITIONS AND 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 contractor.

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

2.1.10. Subcontractor. One that enters into a contract with a prime contractor. The

US Army Corps of Engineers PWS Pg 14 of 63

Government does not have privity of contract with the subcontractor.

2.1.11. Work Day. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. Work Week. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS.

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer’s Representative CORPS US Army Corps of Engineers, Omaha District COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

US Army Corps of Engineers PWS Pg 15 of 63

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES.

3.1. Services. The Government will provide a Pre-Quote Site Visit at 9am Tues __________, 2016. The meeting place of the site visit shall be near the CDOT maintenance facility entrance near the intersection of Wheeling St. and South Heather Gardens Way in Aurora, CO.

3.2 Facilities. The Government will provide the awarded Contractor with any necessary keys or combinations to locks to access to the Cherry Creek Dam Emergency Spillway, Right Bank.

US Army Corps of Engineers PWS Pg 16 of 63

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES.

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

4.2. Materials. The Contractor shall furnish all herbicide, water, seed, plantings and other supplies needed to fulfill the contract.

4.3. Equipment. The Contractor shall furnish all equipment to fulfill the contract. Examples of equipment could include, but are not limited to, trucks, chainsaws, chippers, winches, and herbicide sprayers.

4.4 Utilities. There are no utilities or bathroom facilities accessible to the Contractor on the job site.

US Army Corps of Engineers PWS Pg 17 of 63

PART 5

SPECIFIC TASKS

5. Specific Tasks.

5.1. Basic Services. The contractor shall provide services for permanently removing all woody vegetation as directed in the scope of work so re-growth does not occur. A controlled burn at or near the Cherry Creek Dam Emergency Spillway, is not an acceptable method of permanently removing all woody vegetation. All disturbed grasses or ground cover shall be replaced to the level of the original covering prior to work.

5.2 The contractor shall attend Pre-Construction Conferences, Pre-Construction Site Visits and Periodic Progress Meetings held at times and places to be determined after receiving the Contract Award.

5.3. The contractor shall submit a detailed Site Specific Work Plan to the COR on ENG Form 4025 describing the method or methods the contractor will use to permanently removal of all Woody Vegetation from the Cherry Creek Dam Emergency Spillway, Right Bank. The work plan shall include information such as the method of removal, the number of crews expected to be on site, how many people will be on each crew, the type and number of equipment to be used, project time line, and the type of herbicide which shall be used for this contract. The Site Specific Work Plan must be approved and accepted by the COR before work can begin on site.

The Site Specific Work Plan must include an Activity Hazard Analysis (AHA) as shown in paragraphs 01.A13 Contractor-Required AHA through 01.A.13.d(2) of EM 385-1-1.

5.4 The Contractor shall submit a Quality Control Plan in accordance to Paragraph 1.6.1. The Quality Control Plan must be approved and accepted by the COR before work can begin on site.

5.5 Herbicide Requirements:

5.5.1 It shall be the responsibility of the contractor to comply with all Federal, State, and local medical, training, operational, and licensing requirements as may be applicable and required for application of commercial herbicide. The contractor’s applicator or supervisor must be licensed as acceptable to the State of Colorado. Proof of proper license shall be provided to the COR prior to start of work and available upon request in the work area.

5.5.2 The contractor shall choose the chemicals and rates to achieve the proper control percentages. These must be submitted to the COR at or before the Pre-Construction Meeting.

The equipment used by the contractor shall be land based, designed for such work, and operated in a safe manner. The equipment will be capable of accurately delivering a predetermined rate per acre dosage of herbicide. All herbicide will be handled, transported and stored in accordance with all Federal, State, and local regulations. All herbicides shall be mixed in accordance with label instructions so the desired rate of application can be attained

US Army Corps of Engineers PWS Pg 18 of 63 with the contractor’s equipment. Mixing water is not available on site and is up to the contractor to obtain. Manufacturer’s label directions and/or warnings relative to temperature or other weather conditions shall be strictly adhered to. A bio-degradable marker dye is required with all spray applications. Spraying application shall not be performed when wind speed is above ten (10) miles per hour or gusting. Care shall be exercised at all times by the contractor to protect desirable (non-targeted) species from damage by the required chemical application.

5.5.3 The contractor shall contact the COR three (3) calendar days after completion of herbicide application. A joint inspection of treated areas will be conducted to determine performance. If requirements are not met as determined by the inspection, the contractor shall return within three (3) work days, weather permitting, and re-spray unaffected vegetation prior to submitting invoices for the original application.

5.5.4 Forty-eight (48) hours prior to spraying in an area, the contractor shall post signs at obvious locations around the area and remove the signs twenty-four (24) hours after spraying is completed. The sign shall have letters with a minimum of 3-inches in height and shall state, “HERBICIDE APPLICATION IN PROGRESS. USE CAUTION.”

5.5.5 Material Safety Data Sheets (MSDS). MSDS for all chemicals shall be on site for adequate employee reference at all times. The COR or other government personnel may ask to see the MSDS sheets at any time during the performance of this contract.

The contractor shall certify, in writing, that all employees engaged in handling, mixing, and spraying shall have read the MSDS’s and that personal protective equipment (PPE) will be provided to be worn by employees. Further, the contractor will include a signed statement by the contractor that he/she will comply with all Federal, State, and local regulations and laws.

5.5.6 Spills and Contamination: Should a spill occur, the contractor shall immediately notify the COR and other appropriate Federal, State, and local officials. The contractors initial response shall be to proceed with any required measure to limit contamination. Following this initial response, the contractor shall take immediate actions to clean up the spill as required by Federal, State, and local requirements. Should a personal contamination occur, the Contractor shall take immediate action as prescribed by the chemical manufacturer so as to protect the safety and health of the contaminated individual.

5.5.7 Environmental Pollution. This paragraph prescribes actions required for the prevention of environmental pollution during and as a result of operations under this contract. For the purpose of this specification, environmental pollution is defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare, unfavorably alter ecological balances of importance to human life, affect other species of importance to man, or degrade the utility of the environment for aesthetic and recreational purposes. The control of environmental pollution requires consideration of air, land, and

US Army Corps of Engineers PWS Pg 19 of 63 water, and involves noise, solid waste management, management of radiant energy and radioactive materials, as well as other pollutants.

5.5.8. A Colorado State-compliant annual report of all herbicide applications shall be submitted to the Corps by January 31 for the previous year’s herbicide application, for use in the Corps’ annual EPA NPDES permit.

5.6 Safety or Damage Issues. The Contractor shall be responsible for the safety of the Contractor’s employees, for any injury or damage caused by them or to them, and shall protect the government from any claims. Clean up costs for any damage, spills or contaminations shall be the sole responsibility of the Contractor. Any Omaha District Corps employee can identify a safety issue and stop work until the safety issue is resolved.

5.7 Safety or Damage Issues Notification. The Contractor shall notify the COR immediately of any damage to government or private property or injury to any person resulting from Contractor operations.

5.8 Protection of Land Resources. The work areas on which the work is to be performed under this contract and the land resources adjacent thereto should be preserved in their present condition.

5.9 Protection of Water Resources.

5.9.1 Contamination of Water. Lakes, ditches, rivers, canals, waterways, or reservoirs shall not be polluted with fuels, oil, bitumens, calcium chloride, insecticides, herbicides, or other similar materials harmful to fish, shellfish, or wildlife.

5.9.2 Disposal of Material. The disposal of materials, wastes, effluent, trash, garbage, oil, grease, chemicals, etc., generated within the Corps right-of-way limits shall be off site in accordance with Federal, State, and local laws. An example is through the use of a commercial waste removal service.

5.10 Protection of Buildings, Equipment, Spillway Contours and Vegetation. The Contractor shall be responsible for restoring any Government facilities or structures damaged as a result of Contractor operations, including, but not limited to, access roads, spillway slopes and the Griswold Pipe and related infrastructure. Reasonable care shall be taken to avoid damage to existing structures, equipment, and vegetation in spillway and recreation areas, and other areas of Government property. Any such damage that occurs because of work in this contract, including damage to vegetation cover, shall be repaired or replaced as directed by the Contracting Officer or GR, at no cost to the Government. If the Contractor does not make such repair or replacement, the cost thereof will be deducted from payment made to Contractor. The Contractor shall advise the COR of any damage to the facilities due to vandalism or other causes on the day he/she first notices such damage. Upon completion of the work, the Contractor shall leave existing works in

US Army Corps of Engineers PWS Pg 20 of 63 a condition equal to that which existed when work started. All disturbed grasses or ground cover shall be replaced to the level of the original covering prior to work.

5.11 Daily Clean Up. The work area will be right in a neat and orderly manner at the end of each work day. Access to the Cherry Creek Spillway is partially via a CDOT facility. All CDOT access areas, roads and gates will be free from mud or dirt at the end of each work day. A street-cleaner or other roadway cleaning equipment can be used to keep the area clean.

5.12. Submittals. Submittals required to be given to the COR include:

5.12.1. Site Specific Work Plan with AHA.

5.12.2. Quality Control Plan.

5.12.3. Proposed herbicides and rates.

5.12.4. Material Safety and Data Sheets (MSDS) for all products on site. Including, but not limited to, herbicides, chemicals, and fuel.

5.12.5. Copy of certifications and applicators license.

5.12.6. Proof of Insurance.

5.12.7. Spill and Containment Plan.

5.12.8. Equipment List.

5.12.9. Company Safety Plan.

5.13 Wage Requirements. The Contractor must assure required Service Rate Wage Requirements are met for this project.

5.14 Contract Clauses. See solicitation.

US Army Corps of Engineers PWS Pg 21 of 63

TECHNICAL EXHIBIT 1

Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to contract-essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to contract success.

Performance Objective

Standard Performance

Threshold (This is the maximum error rate.)

Method of Surveillance

PO #1.

The Contractor shall provide services for permanently removing all woody vegetation equal to or larger than two inches in diameter currently existing on the right embankment of the Cherry Creek Spillway, from the spillway centerline up to the top of the right embankment and landward 10 feet, from the Griswold Pipe to Chambers Road, so re-growth does not occur.

The Contractor provided personnel, equipment, supplies, transportation, tools, materials, supervision and other items necessary will permanently remove all Woody Vegetation from the identified areas in the Cherry Creek Dam Emergency Spillway, Right Bank so regrowth does not occur.

Zero deviation from standard.

A joint (contractor and government) inspection of treated areas will be conducted.

US Army Corps of Engineers PWS Pg 22 of 63

Project Location Map1

Project Location

US Army Corps of Engineers PWS Pg 23 of 63

Project Location Map2

Cherry Creek Spillway

US Army Corps of Engineers PWS Pg 24 of 63

W9128F-16-T-0047

Project Location Along the Cherry Creek Spillway

Project Location:

Cherry Creek Emergency

Spillway, Right Embankment from Griswold Pipe to

Chambers Rd

Access Road from Hampden

Griswold Pipe

Spillway

Access to the Cherry Creek Spillway Area of Work

Access Road

Gate

Spillway, Right Embankment

Gate

Gates

View looking west into the Spillway just east of Griswold Pipe. View looking east into the Spillway just east of Griswold Pipe.

Red-dotted line is the location of the invert center line. All trees and woody vegetation equal to or larger than two inches in diameter currently existing on the right embankment of the Cherry Creek Spillway shall be permanently removed, from the spillway invert centerline up to the top of the right embankment and landward fifteen feet on the embankment crest, and from the Griswold Pipe east to Chambers Road, so re-growth does not occur.

Aerial Photo of Right Embankment, Area of Woody Vegetation Removal Along the Cherry Creek Emergency Spillway

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

Right Embankmen

Griswold Pipe

Spillway Invert Centerline

Woody vegetation will be re from the spillway invert cente to the top of the right emban and landward fifteen feet o embankment crest, from the G Pipe east to Chambers Ro

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 31-JAN-2017 1 COE TRI-LAKES PROJECT OFFICE

SCOTT FRANKLIN

USAED, OMAHACENWO-OD-TL

9307 SOUTH WADSWORTH

LITTLETON CO 80128

3039794120 FOB: Destination

9682AG

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014 52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.203-7998 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation.

(DEVIATION 2015-O0010)

FEB 2015

252.203-7999 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements. (DEVIATION 2015- O0010)

FEB 2015

252.204-7000 Disclosure Of Information AUG 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

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

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Past Performance Technical Price

Technical and past performance, when combined, are Equal in the relative importance of all other evaluation factors, when combined, when compared to price.)

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

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

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

(a) Definitions. As used in this provision--

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.

395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--