Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F-16-T-0057 29-Aug-2016

b. TELEPHONE NUMBER

402-995-2480

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 06 Sep 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

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 968804 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 GAVINS POINT PROJECT OFFICE

ZACHARY MONTREUIL

USAED OMAHACENWO-OD-GP

55245 HIGHWAY 121

CROFTON NE 68730

TEL: (402) 667-2541 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:

115310

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF79

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W9128F-16-T-0057

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Control and Remove Target Vegetation

FFP

Gavins Point Dam, SD Project NO.: 443927- The Contractor shall provide all labor, tools, transportation, materials, and equipment necessary to control and remove all Target Vegetation (Russian Olive) on 28 acres in accordance with the attached Performance Work Schedule (PWS).

Government POC Matthew Hibbert 402 995 2480 FOB: Destination

MILSTRIP: W59XQG62093366

NET AMT

0002 1 Job OPTION Unit 5 (Option 1)

FFP

Contractor shall cut down and remove all Russian Olive trees within this unit

0003 1 Job OPTION Unit 6 (Option 2)

FFP

Contractor shall cut down and remove all Siberian Elm Trees within this unit

0004 1 Job OPTION Unit 7 (Option 3)

FFP

Contractor shall cut down and remove all Siberian Elm Trees within this unit.

BID SCHEDULE

SCHEDULE

Bid prices should be submitted for all base and option items. The bid amount should be inclusive of all costs associated with the complete control of target vegetation as described in the PWS. Work will consist of successful Target Vegetation Control on a minimum of 28 acres and a maximum of 57 acres. The Government reserves the right to not award any or all option items.

BASE ITEMS

001- Work Unit 1: Control approximately 105 Russian olive trees on approximately 13 acres.

Bid Price = $_________per acre $__________total

002- Work Unit 2: Control approximately 25 Russian olive trees on approximately 3 acres.

003- Work Unit 3: Control approximately 45 Russian olive trees on approximately 8 acres.

004- Work Unit 4: Control approximately 37 Russian olive trees on approximately 4 acres.

Bid Price = $_________per acre $_________total

TOTAL BASE ITEM BID PRICE = $ ____________________

OPTION ITEMS

005- Work Unit 5: Control approximately 45 Russian olive trees on approximately 7 acres.

006- Work Unit 6: Control approximately 29 Siberian Elm Trees on approximately 8 acres.

007- Work Unit 7: Control approximately 59 Siberian Elm Trees on approximately 9 acres.

TOTAL CONTRACT BID PRICE = $ ____________________

(BASE & OPTIONS TOTAL PRICE)

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 31-OCT-2016 1 COE GAVINS POINT PROJECT OFFICE

ZACHARY MONTREUIL

USAED OMAHACENWO-OD-GP

55245 HIGHWAY 121

CROFTON NE 68730

(402) 667-2541

968804

0002 31-OCT-2016 1 (SAME AS PREVIOUS LOCATION)

0003 31-OCT-2016 1 (SAME AS PREVIOUS LOCATION)

0004 31-OCT-2016 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY FULL TEXT

Instructions to Quoters—Commercial Items

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

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits a quotation in its own name, but which proposes to furnish an item which it did not itself manufacture, is $7.5m.

(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.

Quotations are due by 06 September 2016 Send you completed quotation package to the attention of Matthew Hibbert at matthew.d.hibbert@usace.army.mil 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.

PWS

PERFORMANCE WORK STATEMENT (PWS)

2016 VEGETATIVE CONTROL CONTRACT

U.S. ARMY CORPS OF ENGINEERS,

GAVINS POINT PROJECT

PART 1

GENERAL INFORMATION

1. GENERAL: This is a non-personal services contract to provide Russian Olive Tree and other target woody vegetation species control services at the Gavins Point Project. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor will be performing target-vegetative control within a specified area and removal of vegetation. All work must be performed in accordance with the specifications outlined in this contract.

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 target-vegetation control 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: A large number of non-native/invasive and noxious trees have become established below Gavins Point Dam and around Lake Yankton on USACE-managed lands. The purpose of this contract is to control target vegetation within the contract area to allow establishment of native vegetation for wildlife habitat improvement.

1.3 Objectives: The goal is to primarily control invasive Russian Olive Trees (Elaeagnus angustifolia) and Siberian Elm Trees (Ulmus pumila) within the Gavins Point Project, within the designated areas in a safe and responsible manner.

1.4 Scope of Work: The Scope of Work is located in Section 5 of this PWS.

1.5 Period of Performance: The Contractor shall not begin work activities until after “Notice of Award” and completion of the pre-work conference with the TPOC. The Contractor will have until October 31, 2016 to complete Vegetation control activities in each awarded unit. The time stated for completion of each unit includes final cleanup of the premises and removal of all Contractor equipment, materials, and supplies. It shall be the Contractor’s responsibility to start and provide a continuous work operation from day to day, weather permitting, until completion of the contract. If adverse weather conditions or unforeseen circumstances prevent the completion of the contracted work within the allotted time frame, the Contractor shall be required to submit in writing to the TPOC, a request for contract time extension which must document the cause(s) for the contracted work not being completed on time. Lack of personnel, equipment, or other work priorities will not be acceptable reasons for allowing a contract time extension. Approval of any contract extension will be at the discretion of the Contracting Officer (KO).

1.5.1 Recognized Holidays: The Contractor shall not perform services on recognized holidays, unless prior approval is granted by the TPOC. The Government recognizes the following holidays:

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

1.5.2 Hours of Operation: The Contractor is responsible for conducting business, between sunrise and sunset, 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. Unless approved in advance by the TPOC.

1.6 General Information

1.6.1 Place of Performance: The work to be performed under this contract will occur at the Gavins Point Project, located approximately 4 miles west and 1 mile south of Yankton, South Dakota in Yankton County South Dakota and Cedar County, Nebraska.

1.6.1.1 Access/Parking: To minimize the impacts to the land resources, the Contractor shall limit the number of vehicles utilized to access the work site on a daily basis. The number of vehicles and a parking spot near the work site shall be discussed and mutually agreed upon by the TPOC and Contractor at the pre-work conference. Contractor vehicles shall be parked in a manner so as to avoid interference with normal work activities, adjacent landowners, the recreating public, or municipal/government operations. The TPOC and the Contractor will agree on staging areas within the work units at the pre-work conference.

1.6.2 Quality Control: The quality of all work shall be the responsibility of the Contractor. 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 they assure themselves that their work complies with the requirements of the contract.

1.6.3 Quality Assurance: The Government will evaluate the Contractor’s performance under this agreement in accordance with Part 7 (Technical Exhibit 7.1) 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 TPOC or other Government Representative will be allowed to obtain a sample of the chemical being used for testing at any time or place when the Contractor is on Government property. If the Contractor is found to be using a chemical off-label or a chemical not approved for use by the Contracting Officer (KO), the agreement will be terminated and the Contractor shall be held liable for any damages and pay for the completion of the agreement by a different source. The TPOC or other Government Representative will be allowed to observe, photograph, and inspect all work activities conducted in completion of this PWS. The Contractor will not be paid for any work performed that is deemed defective by the TPOC. 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 or other work activities or supervision of the Contractor's personnel.

1.6.4 Additional Requirements: 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 commercial applicator license with the appropriate pesticide certification classification(s) during the period(s) of performance of this agreement, 3) all personnel involved with the application of chemicals have the ability to correctly identify all target species at all growth stages, 4) 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 agreement, 5) all vehicles and equipment operated on public roadways are legally registered, licensed, and insured to do so and meet all State and local laws, and 6) all personnel are trained and have working knowledge of the specific vehicles/equipment they will operate and tasks they are directed to perform.

1.6.4.1 Commercial Pesticide Applicators Licenses. The Contractor will provide the TPOC with the pesticide applicator license number and certification categories for each employee that will apply herbicides. The Contractor shall submit pesticide applicator information to the TPOC at the pre-work conference.

1.6.4.2 Final Inspection(s): The Contractor shall notify the TPOC a minimum of two (2) business days prior to the anticipated date of completion of all units to schedule the final inspection. The Contractor shall not remove/relocate their equipment, materials, or supplies from the unit until completion of the final inspection and acceptance of the Contractor’s work by the TPOC. The Contractor shall be required to attend the final inspection with the TPOC.

1.6.5 Type of Contract: The Government will award a firm fixed price contract.

1.6.6 Physical Security Requirements: At the close of each work period, government facilities shall be secured.

1.6.6.1 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. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas.

The Contractor shall immediately report any occurrences of lost or duplicate keys to the Contracting Officer.

1.6.6.1.1. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying.

When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.6.6.1.2. The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.6.6.2 Lock Combinations: N/A.

1.6.7 All Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes. No background checks are required for this contract.

1.6.8. Special Qualifications: The Contractor must pre-screen Candidates using the E-verify Program (http://www.dhs.gov/E-Verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to ensure the correct information is entered into the E-verify system.

An initial list of verified/eligible Candidates must be provided to the TPOC no later than 3 business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government Representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

1.6.8 Compliance with Laws and Regulations: The Contractor shall comply with all laws, ordinances, statutes and regulations, pertaining to the services specified herein.

1.6.8.1 Compliance with Pesticide Application Regulations: The Contractor will comply with all pesticide application laws and regulations, including but not limited to all Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) provisions, National Pollutant Discharge Elimination System (NPDES) regulations, and herbicide label guidelines. Herbicide manufacturer label directions and/or warnings relative to temperature or other weather conditions shall be strictly adhered to.

1.6.8.1.1 Pesticide Application Documentation: A pesticide application record (PAR) must be completed daily on-site and submitted to the TPOC upon completion of the contract. Pesticide application documentation must include the information contained in Technical Exhibit 3.

1.6.8.2 Insurance: The Contractor shall be fully insured against any potential damages relating to work specified herein. The Contractor is liable for any damage to any Government property and/or adjacent private property such as, but not limited to, turf, roads, fences, etc. The Contractor shall provide a copy of certificate of insurance at the pre-work conference.

1.6.9.3 The Contractor shall abide by all USACE regulations as listed in the Code of Federal Regulaitons CFR, Title 36, Chapter III, Part 327, Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects Pamphlet EP 1165-2-316 (copies of this pamphlet are available at the Project Office or online at http://publications.usace.army.mil/publications/eng-pamphlets/EP_1165-2-316/EP_1165-2- 316.pdf). Exceptions to these regulations may be made at the discretion of the TPOC. Off-road travel is restricted to actual work unit areas.

1.6.9 Pre-Work Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Technical Point of Contact (TPOC), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer 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.

1.6.9.1 Pre-Work Conference: The Contractor shall meet with the TPOC prior to commencement of the work to discuss and mutually agree on the performance requirements and administration of the contract. To schedule the pre-work conference, contact Zach Montreuil, Natural Resource Specialist, Gavins Point Project, P.O. Box 710, Yankton, SD 57078, phone

(402) 667-2541, email: zachary.j.montreuil@usace.army.mil.

1.6.10 Technical Point of Contact (TPOC): The TPOC monitors all technical aspects of the agreement and assists in agreement administration. The TPOC is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the agreement; perform inspections necessary in connection with agreement performance; maintain written and oral communications with the Contractor concerning technical aspects of the agreement; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of Government furnished property; and provide site entry of Contractor personnel. The TPOC is not authorized to change any of the terms and conditions of the resulting order.

1.6.10.1 Identification of Technical Point of Contact (TPOC): The TPOC for this agreement is Zach Montreuil, Natural Resource Specialist, Gavins Point Project, P.O. Box 710, Yankton, SD 57078, phone (402) 667-2541, email: zachary.j.montreuil@usace.army.mil.

1.6.11 Key Personnel: The Contractor shall give their personal supervision to the work or have a competent foreman or superintendent, satisfactory to the Contracting Officer, available at all times with authority to act for the Contractor on all contract matters relating to daily operation of this contract. This person shall be available between 8:00 a.m. to 4:30 p.m., Monday thru Friday, and any other work day where the Contractor has work being performed, except Federal holidays or when the government facility is closed for administrative reasons.

1.6.12 Identification of Contractor Employees: Contractors and subcontractors are required to wear their company ID and may be required to wear Government supplied badges.

1.6.13 Safety: The Contractor or foreman shall have a cell phone on-site with them at all times during work activities. The local emergency phone number(s) will be furnished to the Contractor by the TPOC at the pre-work conference.

1.6.13.1 Required Safety Documents: In accordance with the U. S. Army Corps of Engineers Safety and Health Requirements Manual EM 385-1-1 (copies of this manual are available at the Project Office or online at:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf.) The Contractor shall submit the following required documents at the pre-work conference: an accident prevention plan to be followed by all Contractor personnel during performance of the work and an activity hazard analysis. The TPOC will provide the Contractor with an Activity Hazard Analysis form. The documents shall be developed only after a careful analysis of the work involved and shall be tailored specifically to the conditions of this contract and shall address the following items:

a) Responsible Individuals

b) Indoctrination and Training

c) "Tool Box" Safety Meetings

d) Accident Reporting and Recordkeeping

e) Sanitation

f) Housekeeping

g) First Aid and Medical Facilities

h) Personal Protective Equipment/Devices

i) Fire Prevention and Protection

j) Hand and Power Tool Use, Inspection, and Maintenance

1.6.13.2 Other Safety Requirements: The Contractor shall provide the minimum on-site safety requirements as follows:

a) All personnel are required to wear/use the manufacturer’s recommended personal protective equipment/devices.

b) The Contractor will provide at least one nonfreezing-type A-B-C fire extinguisher in each workshop and shed used for storage of materials at the work site. The extinguisher shall be placed in a location readily accessible to personnel.

c) The Contractor will provide at least one nonfreezing-type A-B-C fire extinguisher in each vehicle and implement. The extinguisher shall be placed in a location readily accessible to personnel.

d) The Contractor will provide and maintain a first aid kit commensurate with the size of the project with items necessary for first-aid treatment of all injuries. The Contractor will advise personnel of the location of first-aid kits.

e) The local emergency phone number(s) will be furnished to the Contractor by the TPOC at the pre-work conference. The Contractor will post telephone numbers of the nearest hospital or ambulance service and fire station in a conspicuous location. The Contractor will advise all personnel of locations and telephone numbers.

1.6.13.3 Fire Precautions: Site conditions during the timeframe in which the contracted work is to be completed are such that the potential for a grass fire exists. It is the Contractor’s responsibility to minimize the potential for a grass fire by ensuring the Contractor and all contractor personnel shall: 1) not smoke outside of a vehicle while working on-site, 2) insure that all power saws are equipped with spark arrestor muffler systems, 3) insure that all gasoline/diesel powered equipment (excluding passenger vehicles) are equipped with spark arrestor muffler systems, 4) insure that power saws and all gasoline/diesel powered equipment are not refueled with warm or hot spark arrestors (running or not), and 5) insuring that a nonfreezing-type A-B-C fire extinguisher commensurate with the size of the fire danger is present on all mechanized equipment and in very close proximity to power saw users.

1.6.14 Environmental Protection: The Contractor shall perform all work in such a manner as to minimize the polluting of air, water, or land, and shall, within reasonable limits, control noise and the disposal of solid waste materials, as well as other pollutants.

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

1.6.14.1.1 Spillage: Special measures shall be taken to prevent chemicals, fuels, oils, grease, waste washings, and herbicides from entering public waters. If any spillage occurs, the Contractor shall remove the material and restore the area to the original condition before being contaminated. If necessary, contaminated ground shall be excavated and disposed of as directed by the Contracting Officer, and replaced with suitable fill material, compacted and finished with topsoil and planted as required to reestablish vegetation all at the expense of the Contractor.

1.6.14.1.2 Disposal: Disposal of all materials shall be at the appropriate locations as directed by the TPOC. Disposal of any materials, wastes, effluent, trash, garbage, oil, grease, chemicals, etc., in areas adjacent to streams shall not be permitted. If any waste material is dumped in unauthorized areas, the Contractor shall remove the material and restore the area to the original condition before being disturbed. If necessary, contaminated ground shall be excavated and disposed of as directed by the Contracting Officer, and replaced with suitable fill material, compacted and finished with topsoil and planted as required to reestablish vegetation all at the expense of the Contractor.

1.6.14.2 Protection of Non-Target Trees and Shrubs: The Contractor shall not deface, injure, remove, cut, or destroy non-target trees and shrubs. No ropes, cables, or guy wires shall be fastened to or attached to any existing nearby non-target trees or shrubs for anchorages. Care shall be exercised at all times by the Contractor to protect desirable (non-target) species from damage by the required activities. Care shall be exercised at all times by the Contractor to minimize impacts to the soil and ground vegetation.

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

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

1.6.15 Payment: Upon completion of the contracted work, the Contractor shall submit one invoice for payment to the TPOC. To minimize the potential for a delay in payment for services rendered, the invoice shall include the contract number and date along with the Contractor's name, billing address, and signature. Payment will be made within 30 days after completion, inspection, and acceptance of all contract work performed. The invoice shall include the Contractor's name and address exactly as it appears in Block 17a of SF Form 1449 and the contract number. Payment will be made via Electronic Funds Transfer (EFT).

1.6.16 Unsatisfactory Performance: The Contractor shall be notified by the TPOC of incomplete or unsatisfactory service. Upon receipt of notification from the TPOC of incomplete or unsatisfactory service, the Contractor will correct the unsatisfactory or incomplete services within the specified contract period at no additional cost to the Government. In the event services are not provided by the Contractor, the Government retains the option of performing scheduled services or hiring services to be performed at the expense of the Contractor.

1.6.17 Best Value Contract: Award of the contract to the successful Contractor shall be based on “Best Value” rather than low bid. Bidders must submit Best Value Criteria alongside submittal of bid. Bids will be rated on the following factors:

A) Professional experience with woody vegetation management: Please provide a written statement of your experience and expertise. The statement should summarize the types of vegetation you have worked with and the treatment methodologies you have used.

B) Ability to provide appropriate equipment and staff: Please provide a list of the type of equipment you have available to perform the required work and the level of experience/expertise for your crew members, and number of available personnel.

C) Past work performance: Please provide two references related to similar woody vegetation management work that you performed within the last three years. Please include names and phone numbers for all references.

D) Price: The bid price shall be inclusive of all costs that might be incurred by the Contractor during this contract such as, but not limited to, mobilization fee, fuel, labor, mileage, equipment, chemicals/pesticides, equipment rental fees, licenses, insurance, etc.

Prices should be submitted for all items. The Government reserves the right to not award any or all option items.

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. CUT STUMP TREATMENT. Cutting tree trunks near the soil surface and applying herbicide to the freshly cut stumps.

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 GOVERNMENT. The Gavins Point Project Office and the Omaha District Office of the Corps of Engineers, or other U.S. Government offices associated with the performance of this contract.

2.1.7. 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.

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

2.1.9 TECHNICAL POINT OF CONTACT (TPOC). An employee of the U.S. Government who serves as the contact for technical information related to the contract.

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

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

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

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

2.1.16 UNSATISFACTORY PERFORMANCE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

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

2.1.18. 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 CMR Contractor Manpower Reporting CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative 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 FY Fiscal Year 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 PAR Pesticide Application Record 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 TPOC Technical Point of Contact

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 General: The Government shall only furnish the following property, equipment and services that are specifically indicated in Part 3 of this PWS. The Contractor shall be required to furnish all supplies, equipment, facilities, labor, and services required to perform work under this agreement that are not listed in Part 3 of this PWS.

3.2 Services: The Government will not provide services.

3.3 Facilities: The Government will not provide facilities.

3.4 Equipment: The Government will not provide equipment.

3.5 Materials/Supplies: The Government will provide additional copies of maps and aerial photos, as may be required for carrying out the work. Copies of the U. S. Army Corps of Engineers Safety and Health Requirements Manual EM 385-1-1 and Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects Pamphlet EP 1165-2-316 will be provided to the Contractor by the TPOC.

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 Section 3 of this PWS.

4.2 Secret Facility Clearance: N/A.

4.3 Licenses/Documents: The Contractor shall furnish all necessary materials, such as but not limited to: chemicals, insurance, permits, license, work plan, accident prevention plan, quality control, completed PAR forms, invoice(s), etc. to complete the requirements of this PWS.

4.4 Equipment Storage: It is the Contractor’s responsibility to secure Contractor-owned property during working and non-working hours. The Government will not be liable for lost, stolen, or vandalized property. At the close of each work period all supplies including chemicals, chemical mix, chemical refuse/waste, and equipment shall be removed from Government lands.

PART 5

SCOPE OF WORK

5. SCOPE OF WORK: The Contractor shall provide all labor, tools, transportation, materials, and equipment necessary to control and remove all Target Vegetation on a minimum of 28 acres (BASE Units - Required), and up to a maximum of 57 acres (BASE and OPTION Units – if awarded).