ESH_Spray_Gavins_Point.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F17Q0109 23-Aug-2017

b. TELEPHONE NUMBER

402-995-2039

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 30 Aug 2017

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

LYNNE D REED

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

W59XQG71705806

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

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

GALEN JONS

USAED OMAHACENWO-OD-GP

55245 HIGHWAY 121

CROFTON NE 68730

TEL: 402-667-2543 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$7,500,000

NAICS:

115112

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.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF49

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.

W9128F17Q0109

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

GAVINS/FR VEGETATION REMOVAL --- PROJECT

FFP

The contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision and other items necessary to perform broad-spectrum chemical weed control. The areas to be treated under this contract include sandbars on the Missouri River between Pickstown, SD and Ponca, NE, including Lewis & Clark Lake. This is a fixed priced, performance based service contract where desired outcomes are defined and measured while contractor methods are generally not constrained or directed.

Base CLIN covers 200 acres along the Missouri River Sandbars. Spraying will occur between 05 September 2017 and 23 September 2017. Spraying will not be allowed when threatened or endangered birds are found on or near the sandbars. It is imperative that the Contractor begin work as soon as conditions allow in order to ensure completion of the contract prior to September 23rd.

FOB: Destination

MILSTRIP: W59XQG71705806

PURCHASE REQUEST NUMBER: W59XQG71705806

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

OPTION GAVINS/FR VEGETATION REMOVAL --- PROJECT

FFP

Option CLIN covers acres better 201 up to a maximum of 1200 acres. Spraying will occur between 05 September 2017 and 23 September 2017. Spraying will not be allowed when threatened or endangered birds are found on or near the sandbars.

It is imperative that the Contractor begin work as soon as conditions allow in order to ensure completion of the contract prior to September 23rd.

FOB: Destination

MILSTRIP: W59XQG71705806

PURCHASE REQUEST NUMBER: W59XQG71705806

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 05-SEP-2017 TO

26-SEP-2017

N/A COE GAVINS POINT PROJECT OFFICE

GALEN JONS

USAED OMAHACENWO-OD-GP

55245 HIGHWAY 121

CROFTON NE 68730

402-667-2543 FOB: Destination

968804

0002 POP 05-SEP-2017 TO

26-SEP-2017

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination 968804

PWS

PERFORMANCE WORK STATEMENT (PWS)

Prescribed Burning Services U.S. Army Corps of Engineers, Gavins Point Project

1.0 General Information

1.1 Scope of Work. The contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision and other items necessary to perform broad-spectrum chemical weed control. The areas to be treated under this contract include sandbars on the Missouri River between Pickstown, SD and Ponca, NE, including Lewis & Clark Lake. This is a fixed priced, performance based service contract where desired outcomes are defined and measured while contractor methods are generally not constrained or directed.

1.1.1. The treatment areas will consist of a total minimum of 200 acres, and up to a maximum of 1200 acres.

Spraying will occur between 05 September 2017 and 23 September 2017. Spraying will not be allowed when threatened or endangered birds are found on or near the sandbars. It is imperative that the Contractor begin work as soon as conditions allow in order to ensure completion of the contract prior to September 23rd.

1.2 Contractor Personnel

1.2.1 The Contractor shall perform all work under this contract with his own forces except as provided in Paragraph

1.2.2.2 Subcontracting. Employees who perform this work shall be qualified persons on the Contractor’s own payroll.

1.2.2 All Contractor personnel and regular subcontractors shall maintain a neat and clean appearance and shall wear clothing marked with the identifying name of the employee and the Contractor, or a company ID will be displayed on the outside of the clothing. Contractor personnel may be required to wear Government supplied identification.

All Contractor vehicles shall be registered, licensed and insured to meet all State and local laws.

1.2.2.1 The Contractor employees shall be skilled in and capable of performing the work under this contract. All employees of the Contractor or subcontractor shall be 18 years of age or older.

1.2.2.2 Subcontracting. No work may be subcontracted without written approval of the COR. Compliance with the provisions of this contract by subcontractors shall be the responsibility of the Contractor.

1.2.3 Security Requirements. The Contractor shall provide and ensure that all employees and subcontractors wear a current photo identification card at all times while providing work under this contract. Identification will include employee name, company name, and the effective date of the identification card. Physical security at various project locations is subject to change with very little notice. When advised by the COR, the Contractor employees and subcontractors shall comply with any and all changing requirements. Such changes may reduce access to certain areas under this contract.

1.3 Quality Control

1.3.1 The contractor shall designate, in writing, a member of each work crew who shall serve as the contact for matters involving quality and performance or non-performance of the required work assigned to that crew. The employee (s) shall be qualified and fully competent with full authority to act for, and on behalf of, the contractor as necessary to insure that the required work is performed in accordance with the specifications and standards contained herein. The contractor shall furnish the above written designation to the Contracting Officer’s Representative at the project no later than the first day of work. The contractor shall include the name(s), address(es), and telephone number(s) of the responsible individual(s).

1.3.2 The Contracting Officer reserves the right to disapprove any individual whom he considers to be incompetent to perform the work required. Such disapprovals will be given to the contractor by written notice.

1.4 Quality Assurance

1.4.1 Quality Assurance Surveillance Plan. A Quality Assurance Surveillance Plan (QASP) will be used during the life of the contract to ensure that the Contractor is performing the services required by this PWS in an acceptable manner. The Government develops the QASP and the Project Office administers the Plan through Quality Assurance Evaluators (QAE)s.

1.4.2 The government has the right to inspect all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The government shall perform inspections in a manner that will not unduly delay the work.

1.4.3 If any of the services do not conform to contract requirements, the government may require the contractor to perform the services in conformity with contract requirements and at no increase in cost. If the contract requirements are not met after a second attempt the government may (1) require the contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

1.4.4 If the contractor fails to promptly perform the services again or to take the necessary action to ensure future performance is in conformity with the contract requirements, the government may (1) by contract, or otherwise, perform the services and charge to the contractor any cost incurred by the government that is directly related to the performance of such service or (2) terminate the contract in whole or in part.

1.5 Pre-Work Meeting. Prior to commencing any activities, the Contractor shall arrange a Pre-work Meeting with the COR. The Meeting shall discuss the work to be performed, scheduling, submittal process, review of the Activity Hazard Analysis (AHA), abbreviated Accident Prevention Plan (APP) and Pesticide Application Records (PAR). At least one (1) week prior to commencing work, the Contractor shall coordinate their proposed work schedule with the

COR.

1.6. Submittals. Prior to commencement of services, the Contractor shall submit the following documents to the COR for review and approval:

a. Activity Hazard Analysis (AHA);

b. Abbreviated Accident Prevention Plan (APP)

c. Copies of Commercial Applicator licenses;

d. List of who will perform work on this contract;

e. Proof of Insurance for Contractors and Subcontractors;

1.7 Hours of Operation

1.7.1 The Contractor is responsible for conducting business, between sunrise and sunset, Monday thru Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor will submit a work schedule to the COR for approval, indicating the hours they will be on site working.

1.8 Standards and Regulations. The Contractor shall perform to the standards in the contract and comply with all Local, State, and Federal Regulations during the services performed. The Contractor is responsible for ascertaining the extent to which these regulations affect the operations resulting from this contract and to comply therewith.

Applicable regulations to this work included, but are not limited to the following:

a. Commercial Pesticide Applicators Licenses: The Contractor will provide pesticide applicator license numbers and certification categories for each employee that will apply herbicides.

b. 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.

c. Engineering Manual (EM) 385-1-1 (USACE – Safety and Health Requirements Manual), dated November 2014;

1.9 Safety. The Contractor and all personnel shall have working communications equipment on-site with them at all times during work activities. The local emergency phone numbers will be furnished to the Contractor by the COR.

In addition to applicable Local, State, and Federal regulations, the Contractor and their subcontractors are required to adhere to all provisions of the EM 385-1-1. Where safety standards conflict, the most stringent standard shall apply. A copy of the EM 385-1-1 can be found electronically at the following link:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

1.9.1 Activity Hazard Analysis (AHA). Contractor shall prepare AHAs IAW Paragraph 01.A.14 or 01.A.15 of the EM 385-1-1. If using Paragraph 01.A.15, prepare AHAs IAW Figure 1-2.

1.9.2 Abbreviated Accident Prevention Plan (APP). It is understood that the EM 385-1-1 in its entirety may be too complex for the type of work being performed under these contracts, Contractors may reference Appendix A, for abbreviated Accident Prevention Plan (APP). The contractor shall only need to submit items in Appendix A that are pertinent to the contract. The contractor shall use a qualified person to prepare the site-specific Abbreviated Accident Prevention Plan (AAPP). Prepare the AAPP in accordance with the format and requirements of the EM

385-1-1 and supplemented herein. The Contractor shall sign and submit the APP for Government approval prior to the start of work onsite.

1.10 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.

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

1.10.2 Spillage. Special measures shall be taken to prevent herbicides and other chemicals from entering public waters. If any spillage occurs, the Contractor shall remove the material and restore the area to its original condition.

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.

1.10.2.1 Disposal. Disposal of all materials shall be at the appropriate locations as directed by the GR. Disposal of any materials, wastes, effluent, trash, garbage, fuel, 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.

1.10.4 Equipment Accountability. The Contractor shall clean all equipment prior to entering Corps property. The equipment shall have not visible soil, roots, vegetative material, seeds, or other debris that could contain seeds.

1.10.6 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.

1.11 Physical Security

1.11.1 The Contractor shall be responsible for safeguarding all Government facilities, property and materials provided for Contractor use. All Government facilities, property and materials shall be appropriately secured at all times. Specific security conditions may change based on threats to national defense, and based on the risk of specific facilities to these threats. The Contractor shall abide by these changing conditions at all times. The Government is not responsible for the Contractor’s equipment stored on Government property administered by the USACE Gavins Point Project.

1.11.2 Key Control. The Contractor shall ensure all keys issued to the Contractor by the Government are not lost, stolen or duplicated and are not used by unauthorized persons.

1.11.2.1 The Contractor shall immediately report to the COR any occurrences of lost or stolen keys.

1.11.2.2 In the event keys, other than master keys are lost or stolen, the Contractor may be required, upon written direction of the COR, to re-key or replace the affected lock or locks without cost to the Government. The Government may, however, at its option, replace the affected lock or locks or perform re-keying and deduct the cost of such from the monthly payment due the Contractor. If a master key is lost or stolen, the Government may need to replace all locks and keys for that system. The total cost of such replacement will be deducted from the monthly payment due the Contractor.

1.11.2.3 The Contractor shall prohibit the use of keys issued by the Government by any persons other than the Contractor’s employees. The Contractor shall not facilitate access of secured areas to persons other than Contractor personnel or subcontractors engaged in performance of contract work requirements.

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

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

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

Daily Duties: To be performed each day facilities are serviced.

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

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

Quality Assurance Surveillance Plan (QASP): An organized written document used by the Government for quality assurance surveillance. Document contains sampling/evaluation guides, checklists, and the performance requirements summary (PRS).

3.0 Specific Tasks

3.1 Basic Services. The Contractor shall apply the manufacturer-specified maximum mixture rate of herbicide for aerial applications – i.e., 7 pints of glyphosate and 6 pints of imazapyr mix per acre at an application rate of 5 gallons mix per acre to control vegetation. Adjuvants (surfactant, plus a drift retardant as needed to control spray drift) will be added per label directions to the mix; all adjuvants must be certified for aquatic use. Additionally, we require the use of a methylated seed oil (MSO) surfactant that is compatible with glyphosate. The Contractor shall spray between 05 September 2017 and 23 September 2017. Spraying will occur at multiple locations (see attached map). The Contractor shall mobilize within 48 hours of notification by the Government. The Contractor is responsible for determining spraying conditions due to factors such as weather prior to mobilization to the site. Site inspections can be arranged by contacting Galen Jons at (402) 667-2543.

3.1.1. Location. The sandbars are located on the Missouri River between Pickstown, South Dakota in Charles Mix County, and Ponca, Nebraska in Dixon County. The purpose of this herbicide treatment is to reduce vegetation on the sandbars to reduce predator habitat, reduce visual obstruction and increase nesting success by threatened and endangered shorebirds.

3.1.2. Staging Areas. The Government will attempt to locate suitable staging areas for chemical reloading and helicopter refueling. However, the Contractor is ultimately responsible for ensuring suitable staging areas are available to safely and efficiently perform the contract duties.

3.1.5 Notification. The Government will notify local authorities of the spraying prior to its implementation.

3.1.6 Permits. The Contractor is responsible for obtaining any necessary permits to legally complete the contract requirements. The Government will obtain the NPDES permit for areas treated in Nebraska, whereas the Contractor is responsible for obtaining the NPDES permit for areas treated in South Dakota.

3.1.7 Observance of Suitable Spraying Conditions. The Contractor is responsible for determining spraying conditions based on herbicide label restrictions, due to factors such as weather prior to mobilization to the site.

3.2 Description of Work Units

3.2.1 Sandbar Work Areas

3.2.1.1 Area 1 (Up to 300 acres). Area 1 is composed of up to 36 sites along a 45-mile reach of the Missouri River between Yankton, SD and Ponca, NE.

3.2.1.2 Area 2 (Up to 800 acres). Area 2 is composed of up to 15 sites along a seven-mile reach of the Missouri River between Niobrara, NE and Santee, NE.

3.2.1.3 Area 3 (Up to 100 acres). Area 3 is composed of up to 10 sites along a 21-mile reach of the Missouri River between Greenwood, SD and Niobrara, NE.

4.0 Performance Requirements Summary

The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

Standard Performance Threshold Method of Surveillance

PRS # 1.

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

The Contractor shall apply herbicide spraying techniques to effectively treat all vegetation in designated areas in accordance with the PWS.

The Contractor shall treat 100% of designated vegetation within the designated spray areas.

100% direct inspection.

PRS # 2.

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

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

The Contractor shall provide PAR forms for 100% of each chemical application

PRS # 3.

The Contractor shall provide spatial data in the form of GIS-compatible digital data.

The Contractor will provide digital spatial data depicting actual acres that were sprayed.

Data must be compatible with ArcGIS software (e.g. – shapefile).

The Contractor shall provide digital spatial data for 100% of all areas treated.

5.0 Pesticide Application Record

DISTRICT __Omaha___ Date: ___________________ LOCATION _______________________ PROJECT __Gavins Point__________ U.S. ARMY CORPS OF ENGINEERS Address: _PO Box 710___________ PEST CONTROL PROGRAM City: _Yankton, SD 57078_____ POST-APPLICATION DOCUMENTATION FORM Phone: _(402) 667-7873_________

CONTRACTOR ______________________ APPLICATOR _________________________

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

TARGET PEST _ ________________________________ ___________

Date of Application

Time of Application

Air Temp Relative Humidity

Cloud Cover

Wind Speed

Wind Direction

Acreage Treated

: to

DESCRIPTION OF TREATED AREA ____________________________________________________

PESTICIDE INFORMATION

PESTICIDE (TRADE NAME) ___________________________________________________________ FORM APPLIED _____________________________________________________________________ ACTIVE INGREDIENTS _______________________________________________________________

EPA REGISTRATION NUMBER ________________________________________________________

EPA CLASSIFICATION _______________________________________________________________

APPLICATION INFORMATION

HOW THE PESTICIDE WAS MIXED ____________________________________________________

APPLICATION RATE _________________________________________________________________ AMOUNT APPLIED __________________________________________________________________

APPLICATION EQUIPMENT USED _____________________________________________________

TOTAL NUMBER OF HOURS TO COMPLETE APPLICATION ______________________________

DISPOSAL INFORMATION

DISPOSAL DATE _____________________________________________________________________ METHOD ____________________________________________________________________________ LOCATION __________________________________________________________________________

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.217-4 Evaluation Of Options Exercised At The Time Of Contract

Award

JUN 1988

52.217-5 Evaluation Of Options JUL 1990 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

OCT 2015

52.232-18 Availability Of Funds APR 1984 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 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

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7011 Alternative Line Item Structure SEP 2011 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.225-7012 Preference For Certain Domestic Commodities DEC 2016 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

252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment

To The Cost Bearer

JUN 2013

252.247-7022 Representation Of Extent Of Transportation Of Supplies By Sea

AUG 1992

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 Addendum; Instructions to Quoters—Commercial Items

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

Please provide the following information with your quote:

Company’s Name as it appears on SAM:

Company’s Address as it appears on SAM:

CAGE CODE:

DUNS:

TIN:

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

(b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Electronic quotations are preferred over paper responses, unless other arrangements have been made. Send completed quotation to Lynne Reed, lynne.d.reed@usace.army.mil by 30 August 2017 at 12:00 PM Central.

Quotations may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number;

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

(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.

52.212-2 ADDENDUM; EVALUATION--COMMERCIAL ITEMS

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will the best value to the Government. Quotations will be evaluated using the following factors:

1. Technical Factors – Technical factors will concentrate on the capacity and the qualifications of the contractor’s ability to provide quality work.

a. Subfactor 1 – Contractor Approach – Contractors shall submit a quote describing the approach to be used to accomplish the project objectives that meet the standards of the performance work statement.

b. Subfactor 2 – Capability – Contractor shall submit a quote that describes their capability of equipment to perform vegetative control services

2. Past Performance – The quoter shall provide two (2) references of projects completed within the past three

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

3. Price – The quote shall be inclusive of all costs that might be incurred by the contractors during the contract such as, but not limited to, fuel, labor, mileage, equipment, equipment rental fees, licenses, insurance, etc.

The award will be based on whether the lowest priced best value continuum of the quotations having the rating for technical and past performance weighing higher than price rating.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means—

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance

Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

"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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“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…