W9128F-17-T-0029.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F-17-T-0029 27-Mar-2017

b. TELEPHONE NUMBER

402-995-2703

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 17 Apr 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

KATRIENA R VER STRAETE

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

W59XQG70185422

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 968806 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

BIG BEND PROJECT OFFICE

BRANDON BACON

COE BIG BEND PROJECT OFFICE

CENWO-OD-BB BIG BEND PROJECT

33573 NORTH SHORE RD

CHAMBERLAIN SD 57325-4513

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$7.5M

NAICS:

561730

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 OF92

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Job Big Bend Noxious Weed Control

FFP

Period of Performance - Contract Award to 29 Sep 2017 The Contractor shall furnish all labor, tools, materials, equipment, supplies and supervision necessary to accomplish herbicide application to control identified infestations of noxious weeds; primarily Musk Thistle (Carduus nutans), Canada Thistle (Cirsium arvense), Field Bindweed (Creeping Jenny), Saltcedar or Tamarisk (Tamarix ramosissma, Tamarix chinensis, Tamarix parviflora), Marijuana (Cannabis sativa), Leafy Spurge (Euphorbia esula), Kochia (Kochia scoparia) and other identified noxious weeds.

FOB: Destination

MILSTRIP: W59XQG70185422

PURCHASE REQUEST NUMBER: W59XQG70185422

NET AMT

0001AA 600 Acre Spring Application

FFP

Complete herbicide application services for spraying of noxious weeds. As Scheduled. (Costs on per acre basis).

FOB: Destination

0001AB 300 Acre Spring Application

FFP

Complete herbicide application services for spraying of noxious weeds, Up to an additional 300 acres as determined by the Procuring Contracting Officer. (Costs on per acre basis).

0001AC 200 Acre Fall Application

FFP

Complete herbicide application services for spraying of noxious weeds. As Scheduled. (Costs on per acre basis).

0001AD 100 Acre Fall Application

FFP

Complete herbicide application services for spraying of noxious weeds, Up to an additional 100 acres.as determined by the Procuring Contracting Officer. (Costs on per acre basis).

0001AE 1 Acre Salt Cedar Treatment

FFP

Complete herbicide application services for spraying of noxious weeds. As Scheduled. (Costs on per acre basis).

0002 Job OPTION Option 1 -Big Bend Noxious Weed Control

FFP

Period of Performance - 23 Apr 2018 to 28 Sep 2018 The Contractor shall furnish all labor, tools, materials, equipment, supplies and supervision necessary to accomplish herbicide application to control identified infestations of noxious weeds; primarily Musk Thistle (Carduus nutans), Canada Thistle (Cirsium arvense), Field Bindweed (Creeping Jenny), Saltcedar or Tamarisk (Tamarix ramosissma, Tamarix chinensis, Tamarix parviflora), Marijuana (Cannabis sativa), Leafy Spurge (Euphorbia esula), Kochia (Kochia scoparia) and other identified noxious weeds.

0002AA 600 Acre OPTION Spring Application

FFP

Complete herbicide application services for spraying of noxious weeds. As Scheduled. (Costs on per acre basis).

0002AB 300 Acre OPTION Spring Application

FFP

Complete herbicide application services for spraying of noxious weeds, Up to an additional 300 acres as determined by the Procuring Contracting Officer. (Costs on per acre basis).

0002AC 200 Acre OPTION Fall Application

FFP

Complete herbicide application services for spraying of noxious weeds. As Scheduled. (Costs on per acre basis).

0002AD 100 Acre OPTION Fall Application

FFP

Complete herbicide application services for spraying of noxious weeds, Up to an additional 100 acres as determined by the Procuring Contracting Officer. (Costs on per acre basis).

0002AE 1 Acre OPTION Salt Cedar Treatment

FFP

Complete herbicide application services for spraying of noxious weeds. As Scheduled. (Costs on per acre basis).

0003 Job OPTION Option 2 -Big Bend Noxious Weed Control

FFP

Period of Performance - 22 Apr 2019 to 27 Sep 2019 The Contractor shall furnish all labor, tools, materials, equipment, supplies and supervision necessary to accomplish herbicide application to control identified infestations of noxious weeds; primarily Musk Thistle (Carduus nutans), Canada Thistle (Cirsium arvense), Field Bindweed (Creeping Jenny), Saltcedar or Tamarisk (Tamarix ramosissma, Tamarix chinensis, Tamarix parviflora), Marijuana (Cannabis sativa), Leafy Spurge (Euphorbia esula), Kochia (Kochia scoparia) and other identified noxious weeds.

0003AA 600 Acre OPTION Spring Application

FFP

Complete herbicide application services for spraying of noxious weeds. As Scheduled. (Costs on per acre basis).

0003AB 300 Acre OPTION Spring Application

FFP

Complete herbicide application services for spraying of noxious weeds, Up to an additional 300 acres as determined by the Procuring Contracting Officer. (Costs on per acre basis).

0003AC 200 Acre OPTION Fall Application

FFP

Complete herbicide application services for spraying of noxious weeds. As Scheduled. (Costs on per acre basis).

0003AD 100 Acre OPTION Fall Application

FFP

Complete herbicide application services for spraying of noxious weeds, Up to an additional 100 acres as determined by the Procuring Contracting Officer. (Costs on per acre basis).

0003AE 1 Acre OPTION Salt Creek Treatment

FFP

Complete herbicide application services for spraying of noxious weeds. As Scheduled. (Costs on per acre basis).

0004 Job OPTION Option 3 - Big Bend Noxious Weed Control

FFP

Period of Performance - 20 Apr 2020 to 25 Sep 2020 The Contractor shall furnish all labor, tools, materials, equipment, supplies and supervision necessary to accomplish herbicide application to control identified infestations of noxious weeds; primarily Musk Thistle (Carduus nutans), Canada Thistle (Cirsium arvense), Field Bindweed (Creeping Jenny), Saltcedar or Tamarisk (Tamarix ramosissma, Tamarix chinensis, Tamarix parviflora), Marijuana (Cannabis sativa), Leafy Spurge (Euphorbia esula), Kochia (Kochia scoparia) and other identified noxious weeds.

0004AA 600 Acre OPTION Spring Application

FFP

Complete herbicide application services for spraying of noxious weeds. As Scheduled. (Costs on per acre basis).

0004AB 300 Acre OPTION Spring Application

FFP

Complete herbicide application services for spraying of noxious weeds, Up to an additional 300 acres as determined by the Procuring Contracting Officer. (Costs on per acre basis).

0004AC 200 Acre OPTION Fall Application

FFP

Complete herbicide application services for spraying of noxious weeds. As Scheduled. (Costs on per acre basis).

0004AD 100 Acre OPTION Fall Application

FFP

Complete herbicide application services for spraying of noxious weeds, Up to an additional 100 acres as determined by the Procuring Contracting Officer. (Costs on per acre basis).

0004AE 1 Acre OPTION Salt Creek Treatment

FFP

Complete herbicide application services for spraying of noxious weeds. As Scheduled. (Costs on per acre basis).

0005 Job OPTION Option 4 -Big Bend Noxious Weed Control

FFP

Period of Performance - 19 Apr 2021 to 24 Sep 2021 The Contractor shall furnish all labor, tools, materials, equipment, supplies and supervision necessary to accomplish herbicide application to control identified infestations of noxious weeds; primarily Musk Thistle (Carduus nutans), Canada Thistle (Cirsium arvense), Field Bindweed (Creeping Jenny), Saltcedar or Tamarisk (Tamarix ramosissma, Tamarix chinensis, Tamarix parviflora), Marijuana (Cannabis sativa), Leafy Spurge (Euphorbia esula), Kochia (Kochia scoparia) and other identified noxious weeds.

0005AA 600 Acre OPTION Spring Application

FFP

Complete herbicide application services for spraying of noxious weeds. As Scheduled. (Costs on per acre basis).

0005AB 300 Acre OPTION Spring Application

FFP

Complete herbicide application services for spraying of noxious weeds, Up to an additional 300 acres as determined by the Procuring Contracting Officer. (Costs on per acre basis).

0005AC 200 Acre OPTION Fall Application

FFP

Complete herbicide application services for spraying of noxious weeds. As Scheduled. (Costs on per acre basis).

0005AD 100 Acre OPTION Fall Application

FFP

omplete herbicide application services for spraying of noxious weeds, Up to an additional 100 acres as determined by the Procuring Contracting Officer. (Costs on per acre basis).

0005AE 1 Acre OPTION Salt Cedar Treatment

FFP

Complete herbicide application services for spraying of noxious weeds. As Scheduled. (Costs on per acre basis).

INSTRUCTIONS

SOLICITATION INSTRUCTIONS

Antiterrorism (AT)/Operations Security (OPSEC) This solicitation has AT/OPSEC provisions that were not in prior contracts for similar services before 2014. Please reference the Provisional AT/OPSEC Contract Clauses.

SOLICITATION INSTRUCTIONS:

This solicitation is being advertised on a best value basis. See reference FAR Clause 52.212-2 “Evaluation Commercial Items” for more information on the evaluation criteria Please complete and return the following:

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

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

1. Experience

2. Technical

3. Price

-Offeror Representations and Certifications -- Commercial Items (FAR Clause 52.212-3) or verify registration on SAM (see paragraph later in this document).

-Technical Exhibit 7 - Bid Sheet – Big Bend Project – Pesticide Application Contract. Please fill out this exhibit and return with all of the requested documents outlined in this solicitation.

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

Due date/time:

Quotations are due by 2:00 pm CST on 17 April 2017. Send your completed quotation package to the attention of Katriena Ver Straete via email to: katriena.r.verstraete@usace.army.mil. Electronic responses are preferred over paper responses.

Please reference Solicitation Number W9128F-17-T-0029 on all correspondence.

Points of Contact (POC):

For contractual questions, contact Katriena Ver Straete at 402-995-2703 or at katriena.r.verstraete@usace.army.mil.

For technical or specification questions; contact Brandon Bacon, at 604-245-2255 brandon.bacon@usace.army.mil.

INFORMATION PERTAINING TO MANDATORY REGISTRATIONS, CODES, NUMBERS &

REPRESENTATIONS & CERTIFICATIONS:

System for Award Management (SAM):

What is SAM?

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

* Central Contractor Registry (SAM)

* Federal Agency Registration (FedReg)

* Online Representations and Certifications Application (ORCA)

* Excluded Parties List System (EPLS)

How will SAM benefit me?

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

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

SAM Service Desk:

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

DSN: 809-463-3376

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

Electronic Funds Transfer (EFT):

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

NAICS Code:

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

Dun and Bradstreet Number (DUNS Number):

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

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

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

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

OFFEROR’S INFORMATION REQUIRED TO PROCESS AN AWARD:

CAGE Code______________________ DUNS Number ___________________ Tax Identification Number (TIN)______________________________ Company Name and Address:

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

Point of Contact:

Name_______________________________________ Title________________________________________ Business Phone ______________________________ Cell Phone (if applicable)______________________ E-Mail______________________________________

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. Contractors 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.

Payments:

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

Federal Legal Holidays:

The following Federal legal holidays are observed by this installation:

New Year's Day 1 January Martin Luther King's Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

If a wage determination applies, the number of holidays specified on it has priority over this clause.

Insurance Required (Local Provision):

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

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

And, when automobiles are used in connection with performing the contract:

Type Amount Automobile Liability Insurance $200,000 per person Bodily Injury $500,000 per occurrence Property Damage $ 20,000 per occurrence

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 umber 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.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Big Bend Noxious Weeds US Army Corps of Engineers

Big Bend Project 33573 North Shore Road Chamberlain SD 57325

Dated 04 January 2017

Part 1

General Information

1. GENERAL: This is a non-personnel services contract to provide Noxious Weed Spraying on Lake Sharpe/Big Bend Project lands. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Noxious Weed Spraying 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: Services under this contract are to identify and control noxious weeds on U.S. Army Corps of Engineers land as specified in the Project Resource Management Plan.

1.3 Objectives: Identify and control noxious weed infestations.

1.4 Scope: The Contractor shall furnish all labor, tools, materials, equipment, supplies and supervision necessary to accomplish herbicide application to control identified infestations of noxious weeds; primarily Musk Thistle (Carduus nutans), Canada Thistle (Cirsium arvense), Field Bindweed (Creeping Jenny), Saltcedar or Tamarisk (Tamarix ramosissma, Tamarix chinensis, Tamarix parviflora), Marijuana (Cannabis sativa), Leafy Spurge (Euphorbia esula), Kochia (Kochia scoparia) and other identified noxious weeds. The areas to be sprayed are all located on Big Bend Project, South Dakota, along the east side of Lakes Sharpe and Francis Case. Areas are located from approximately thirty-two miles below Oahe Dam (River Mile 1039) to ten miles below Big Bend Dam (River Mile 979). A bio-degradable marker dye is required with all sprayings/applications. The Contractor shall so control all their operations during the performance of the work so as to insure that the completed work meets all of the requirements of the specifications. All contracted tasks must be completed during the scheduled day unless otherwise specified herein or authorized in advance by the Contracting Officer, or their authorized representative.

1.4.1 The spraying effort shall be accomplished by use of contractor provided ground spraying equipment only (4-wheel drive vehicle with spray boom, ORV with spray boom, or backpack spray unit).

1.4.2 The contractor shall abide by all Corps of Engineers regulations as listed in the Code of Federal Regulations, Title 36. Off-road travel is restricted to the actual treatment area.

1.4.3 It is the prospective contractor's responsibility to inspect the sites where services are to be performed to satisfy themselves as to all general and local conditions that may affect the cost of performance of the contract. The prospective contractor shall base their bid on their personal site visit/field assessments, rather than from any maps, aerial photos, hour estimates, or approximate acreage estimates that may be furnished by the government as background/orientation information. In no event will a failure to inspect the sites constitute grounds for withdrawal of a bid after opening, or a claim after award of the contract. Site visits should be coordinated with the Contracting Officer Representative (COR).

Period of Performance: The period of performance shall be for one (1) Base Year and four (4) Option Years.

Base Year – Contract award thru 29 September 2017 Option Year 1 – 23 April 2018 thru 28 September 2018 Option Year 2 – 22 April 2019 thru 27 September 2019 Option Year 3 – 20 April 2020 thru 25 September 2020 Option Year 4 – 19 April 2021 thru 24 September 2021

1.6 General Information

1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which your company assures that the work complies with the requirement of the contract. One copy of the Contractor's Basic Quality Control Plan shall be provided to the COR at the pre-work meeting. An updated copy must be provided to the COR as changes occur. The Quality Control Plan will include:

1.6.1.1. An inspection system covering all the services listed on the Performance Requirements Summary.

It will specify the areas to be inspected on a scheduled basis, how often inspections will be accomplished (date/time), and the name of the individual(s) that will perform the inspections.

1.6.1.2 The methods for identifying and preventing defects in the quality of services performed..

1.6.1.3 On-site records of all inspections conducted by the Contractor and the necessary corrective action (as required) taken will be made available to the COR at any time during the term of the contract and a copy of all inspections and corrective actions (as required) turned into the COR at the completion of each contract period.

1.6.1.4 The contracting officer’s acceptance of the Quality Control Plan will be in writing. Additionally, any proposed change(s) to the Quality Control Plan shall be submitted in writing to the contracting officer.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed their work 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).

1.6.2.1 An inspection system covering all the services listed on the Performance Requirements Summary (Technical Exhibit 1) will specify the areas to be inspected on a scheduled basis, how often inspections will be accomplished (date/time), and the name of the individual(s) that will perform the inspections.

1.6.2.2 On-site records of all inspections conducted by the Contractor and the necessary corrective action taken (as required). This document will be made available to the COR at any time during the term of the contract and a copy of all inspections and corrective actions turned into the COR at the completion of each contract period.

1.6.2.3 The COR shall be allowed at any time or place the contractor is on government property, to inspect the spraying operation and equipment and obtain a sample of the chemical for testing. If the contractor is found to be using a chemical that has not had prior approval of the COR, or a chemical not approved for that area, the contract may be terminated and the contractor may be held liable for any damages and the completion of the contract by a different source. The COR may inspect the work as the contract progresses. Any deficiencies noted by the COR shall be corrected at no additional cost to the government. The contractor shall not be paid for any work performed that is deemed unsatisfactory by the COR. The contractor shall be responsible to perform only the work specified within the contract, and shall receive no compensation for any work performed that is not specified within the contract. No government personnel will assist the contractor in spraying operations or supervision of the contractor's personnel.

1.6.3 Disposal Off Government Land: This paragraph prescribes actions required for the prevention of environmental pollution during and as a result of operations under this contract. For the purpose of this specification, environmental pollution is defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare, unfavorably alter ecological balances of importance to human life, affect other species of importance to man, or degrade the utility of the environment for aesthetic and recreational purposes. The control of environmental pollution requires consideration of air, land, and water; and involves noise, solid waste management, management of radiant energy and radioactive materials, as well as other pollutants.

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

1.6.4.1 Insecticide and Herbicide Use.

Contamination of Water. Lakes, ditches, rivers, canals, waterways, or reservoirs shall not be polluted with fuels, oil, bituminous, calcium chloride, insecticides, herbicides, or other similar materials harmful to fish, shellfish, or wildlife; or materials which may be detrimental to outdoor recreation.

Disposal of Materials. The methods and locations of the disposal of materials, wastes, effluent, trash, garbage, oil, grease, chemicals, etc., within the right-of-way limits shall be such that harmful debris will not enter lakes, ditches, rivers, canals, waterways, or reservoirs by erosion.

Notification of Chemical Spills, Damage, Vandalism or Injury. The contractor shall notify the COR immediately of any chemical spillage, damage or vandalism to or on government property, and injury to any person resulting from the contractor's operations. The contractor shall advise the COR of damage to government facilities due to vandalism or other causes on the day such damage is noted. In the event of a chemical spill, the three C’s:

Control, Contain, Clean up shall be adhered to. The contractor shall adhere to the following procedures to the best of his/her ability and within his/her level of safety:

A. Control the Spill Situation (stop or prevent any further chemical spillage).

B. Contain the Spill (if possible).

C. Clean Up (follow correct procedures for size of spill).

Special Requirement. No fill or mix area will be provided by the government. The contractor shall be responsible for the cleanup of any spillage on or off government property. The contractor shall be responsible for meeting federal, state and local mixing requirements.

1.6.5 Safety:

1.6.5.1 The contractor shall be responsible for the safety of their employees and for any injury or damage done by said personnel, and shall protect the government from any claims. The Contractor will hold a safety meeting with all their employees, prior to commencement of work and each week of work, concerning safety on the job, a list of employees present and subjects discussed during the meeting. These minutes will be recorded and turned into the COR on a monthly basis. The Contractor will notify the COR of the time and location of each meeting. When the Contractor hires a new employee, the Contractor will provide the COR with a written statement that the new employee was briefed on all safety procedures. Any Contractor employee who does not following safety requirements will be removed by the Contractor. Technical Exhibit 5 is the only acceptable format that will be used for submission of the safety meeting minutes. The Contractor will be responsible for duplicating these forms at their own expense.

1.6.5.2 All Contractor personnel shall be fully clothed at all times while performing these services. "Fully clothed" shall be deemed to mean that a standard work shirt with sleeves, long pants/trousers, steel-toed boots or steel-toed shoes and a hard hat (when necessary) shall be worn at all times. . Operators of equipment shall be 18 years of age, except those 16 years old and older may operate equipment when permitted by the Child Labor Law of the Fair Labor Standard Act administered by the U.S. Department of Labor.

1.6.5.3 Individuals who are required to work alone in remote areas shall be trained in basic first-aid. If there are two or more employees working in an area then a minimum of one (1) employee who is certified to administer basic first-aid and cardiopulmonary resuscitation (CPR) shall be on duty in the work area during all working hours. A Red Cross approved first-aid kit is also required at the work site and will be verified by the COR.

1.6.6 Recognized Holidays: The contractor is not required to perform services on the following holidays.

Memorial Day

Independence Day

Labor Day

1.6.7 Hours of Operation: The contractor is responsible for conducting business, between the hours of 6:30 a.m.

thru 9:00 p.m. Central Time 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.

Contractor may not spray on weekends or holidays unless prior approval is given by the COR. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.8 Place of Performance: The work to be performed under this contract will be performed in designated areas as shown by attached maps.

1.6.9 Security Requirements: N/A

1.6.9.1 PHYSICAL Security: The contractor shall be responsible for safeguarding all government facilities being utilized for this effort . At the close of each work period, government facilities, shall be secured.

1.6.10.2 Key Control. The Contractor shall establish and implement methods of making sure all keys/key cards 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/key cards to the Contracting Officer.

1.6.10.2.1. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.6.10.2.2. The Contractor shall prohibit the use of Government issued keys/key cards 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.

1.6.11 Special Qualifications:. The contractor shall abide by all applicable federal, state, and local laws pertaining to the purchase, transportation, storage, mix area, use, rinse area, and disposal of general and restricted use chemicals and chemical refuse. The contractor shall hold general liability insurance. The insurance policy shall also carry riders which cover drift, overspray and spills. Proof of insurance will be required before any contract work may begin.

.1.6.12 Post Award Conference/Pre-Work Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer 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.

1.6.13 Contracting Officer’s Representative (COR): The contractor will be notified who the appointed COR is upon award.

1.6.14 Key Personnel: The following personnel are considered key personnel by the government: Spraying contractor and all employees providing labor. All employees shall possess required licenses and certificates as required.

1.6.14.1 The services required by this contract shall be performed in accordance with contract clauses. The Contractor shall designate in writing, a responsible foreman/supervisor of each work crew who shall serve as a contact for matters involving quality, performance or non-performance of the required work assigned to that crew.

The employee(s) designated in accordance with the above requirements shall be qualified and fully competent with full authority to act for, and on behalf of, the Contractor as necessary to insure that the work as described herein is performed in accordance with contract clauses. The Contractor shall furnish the above written designation to the COR at the pre-work meeting. The designation shall include the name(s), address(s), and telephone number(s) of the individual(s) and the hours the person can be reached, that he/she intends to assign to this work. The COR reserves the right to disapprove any individual whom he/she considers to be incompetent to perform the work required. Such disapproval will be given to the Contractor by written notice. A minimum of one supervisor shall be on duty in the contract work area during all scheduled working hours.

1.6.14.2 Commercial Pesticide Applicators Licenses. The Contractor will provide the Government Representative 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 COR at the pre-work conference.

1.6.15. 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 COR 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.

1.6.15.1 The Contracting Officer or the COR may require the Contractor to immediately remove from the work site any employee of the Contractor who is documented to endanger persons or property, or whose physical or mental condition is such that it would impair the employee's ability to satisfactorily perform his/her work.

Notification to the Contractor shall be promptly made in writing if time and circumstances permit. Otherwise, notification shall be telephonic and shall be confirmed in writing as soon as possible. No such removal, however, will reduce the Contractor's obligation to perform all work required under this contract. This requirement shall not be made the basis of any claim for compensation or damages against the United States or any of its officers or agents.

1.6.15 Identification of Contractor Employees: N/A

1.6.16 Contractor Travel : N/A

1.6.17 Other Direct Cost: N/A

1.6.18 Data Rights: N/A

1.6.19 Organizational Conflict of Interest: N/A

1.6.20 PHASE IN /PHASE OUT PERIOD: N/A

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

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

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

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

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

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

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

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

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

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

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

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

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

2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer 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 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 PCO Procuring Contracting Officer POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 Services: The government will furnish electronically a copy of the purchase order.

3.2 Facilities: N/A.

3.3 Utilities: N/A

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

3.5 Materials: The government will furnish:

1) Local emergency telephone numbers,

2) Enlarged vicinity maps/aerial photographs of work areas (Upon Request)

3) Gate access key

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 Materials: The Contractor shall furnish all materials including chemical and mix water necessary to properly perform the work defined in this contract.

4.3.1 The Contractor must supply the COR with Material Data Safety Sheets for any products used on this contract.

4.3.2 Only EPA registered chemicals approved for use in the State of South Dakota shall be applied. All chemicals will be approved by the COR prior to application. Chemicals shall be mixed and applied at rates consistent with their respective labels and manufacturer recommendations. Application rates shall be such that the target pest is killed and not simply burnt. Contractor is to have Material Safety Data Sheets (MSDS) for all chemicals/dyes to be used.

4.4 Equipment: The Contractor shall provide all equipment that is of suitable size and type for the intended use and shall meet or exceed all current federal, state, and local safety requirements.

4.4.1 The COR will be given a list of all equipment and materials used by the Contractor on this contract.

4.4.2 The Contractor will be required to present all equipment to the COR for inspection upon bringing it on to Government Property and before it is used to perform work on this contract.

4.4.3 The contractor's equipment shall not be stored on government property administered by the Corps of Engineers, Big Bend Project. All chemicals, chemical mix, and chemical refuse shall be removed from government lands upon completion of each day's spraying.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The Contractor will provide complete herbicide application services for spraying of noxious weeds as outlined in this contract. All areas are on federal property managed by the U.S. Army Corps of Engineers.

Some of the areas maybe require spot treatments of the noxious weed infestations while others may require solid coverage.

5.2 Noxious Weed Control. The services to be furnished under this contract shall be provided in two phases; a spring application and a fall application. The contractor shall NOT start spraying until notification and meeting with the COR. It shall be the contractor's responsibility to start and provide a continuous spraying operation from day to day, weather permitting, until completion of the spraying phase within the allotted time frame. Because of the possible close proximity of the areas to considerable human activity, the contractor is to avoid contact with the public and work force with either spray or drift.

5.2.1 Spring Application. Spring application will consist of complete coverage/spraying of noxious weed infestations.

600 acres required as scheduled and a maximum of 300 additional acres as determined by the PCO.

5.2.2 Fall Application. Fall application will consist of reapplication of herbicide to noxious weeds that have re-growth after the initial spring application.

200 acres required as scheduled and a maximum of 100 additional acres as determined by the PCO..

5.2.3 Salt Cedar Treatment

1 acre required as scheduled

5.2.4 Application Conditions. Manufacturer's label directions and warnings relative to temperature, wind, or other weather conditions shall be strictly adhered to. Spraying application shall not be performed when wind speed is above 15 mph or gusting. Care shall be exercised at all times by the contractor when applying chemical in those areas that the public uses for recreational purposes. Care shall also be exercised at all times by the contractor to protect desirable (non-targeted) species from damage by the required chemical application.

5.2.5 Record Keeping: The contractor shall be required to completely fill out an accurate, government Pesticide Application Record (PAR) form (Technical Exhibit 4) for each area sprayed. The PAR shall be completed the day of the chemical application and the original PAR form shall be submitted to the COR within 10 days after the chemical application for inspection of the treated area. The COR can furnish the contractor photocopies of the submitted PAR forms upon request.

5.3 Permits and Responsibilities: The contractor shall be responsible for obtaining all necessary licenses and permits, insurance, and for complying with federal, tribal, state, and local laws, codes, ordinances, statutes, and regulations applicable for this effort. The contractor shall be responsible for all damages to person and property, including government property that occurs as a result of contractor fault or negligence.

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

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor shall follow all Safety Requirements detailed in the applicable Safety & Health Requirements Manual per EM 385-1-1. EM 385-1-1 is available on-line at: http://www.usace.army.mil/CESO/Pages/EM385-1- 1,.aspx

6.2 Current federal, state, and local safety laws and regulations: The Contractor will comply with all pesticide application laws and regulations, including but not limited to all Federal Insecticide,…