W9128F18Q0026_SOLICITATION.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F18Q0026 09-Feb-2018

b. TELEPHONE NUMBER

402-995-2726

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 01 Mar 2018

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

MONICA L DWYER

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

W59XQG80079978

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$7,500,000

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.

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)

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.

W9128F18Q0026

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Pre-Emergent Spraying on Oahe -Base Year

FFP

Contractor shall provide all labor, supervision, equipment, chemical supplies, and transportation to provide chemical application to control all vegetation in the designated areas IAW the PWS. Period of Performance for the Base Year shall be:

15 April 2018 – 14 April 2019 Active Period of Performance:

• 15 April 2018 to 30 April 2018 Inactive Period of performance:

• 1 May 2018 to 14 June 2018 Active Period of Performance:

• 15 June 2018 to 30 June 2018 Inactive Period of performance:

• 1 July 2018 to 14 April 2019

MILSTRIP: W59XQG80079978

PURCHASE REQUEST NUMBER: W59XQG80079978

NET AMT

0001AA Acre Pre-emergent Spraying-Pierre Area

FFP

Estimated 37.5 Acres FOB: Destination

0001AB Acre Pre-emergent Spraying-Mobridge Area

FFP

Estimated 7.0 Acres

0001AC Acre Pre-emergent Spraying-Bismarck-Ft Yates

FFP

Estimated 5.5 Acres

0001AD Acre Spot Spraying - Pierre Area

FFP

0001AE Acre Spot Spraying - Mobridge Area

FFP

0001AF Acre Spot Spraying - Bismarck-Ft Yates

FFP

OPTION Pre-Emergent Spraying on Oahe -Option 1

FFP

Contractor shall provide all labor, supervision, equipment, chemical supplies, and transportation to provide chemical application to control all vegetation in the designated areas IAW the PWS. Period of Performance for the Base Year shall be:

15 April 2019 – 14 April 2020 Active Periods of Performance:

• 15 April 2019 to 30 April 2019 Inactive Period of performance:

• 1 May 2019 to 14 June 2019 Active Period of Performance:

• 15 June 2019 to 30 June 2019 Inactive Period of performance:

• 1 July 2019 to 14 April 2020

0002AA Acre Pre-emergent Spraying-Pierre Area

FFP

0002AB Acre Pre-emergent Spraying-Mobridge Area

FFP

0002AC Acre Pre-emergent Spraying-Bismarck-Ft Yates

FFP

0002AD Acre Spot Spraying - Pierre Area

FFP

0002AE Acre Spot Spraying - Mobridge Area

FFP

0002AF Acre Spot Spraying - Bismarck-Ft Yates

FFP

OPTION Pre-Emergent Spraying on Oahe -Option 2

FFP

Contractor shall provide all labor, supervision, equipment, chemical supplies, and transportation to provide chemical application to control all vegetation in the designated areas IAW the PWS. Period of Performance for the Base Year shall be:

15 April 2020 – 14 April 2021 Active Periods of Performance:

• 15 April 2020 to 30 April 2020 Inactive Period of performance:

• 1 May 2020 to 14 June 2020 Active Periods of Performance:

• 15 June 2020 to 30 June 2020 Inactive Period of performance:

• 1 July 2020 to 14 April 2021

0003AA Acre Pre-emergent Spraying-Pierre Area

FFP

0003AB Acre Pre-emergent Spraying-Mobridge Area

FFP

0003AC Acre Pre-emergent Spraying-Bismarck-Ft Yates

FFP

0003AD Acre Spot Spraying - Pierre Area

FFP

0003AE Acre Spot Spraying - Mobridge Area

FFP

0003AF Acre Spot Spraying - Bismarck-Ft Yates

FFP

OPTION Pre-Emergent Spraying on Oahe -Option 3

FFP

Contractor shall provide all labor, supervision, equipment, chemical supplies, and transportation to provide chemical application to control all vegetation in the designated areas IAW the PWS. Period of Performance for the Base Year shall be:

15 April 2021 – 14 April 2022 Active Periods of Performance:

• 15 April 2021 to 30 April 2021 Inactive Period of performance:

• 1 May 2021 to 14 June 2021 Active Periods of Performance:

• 15 June 2021 to 30 June 2021 Inactive Period of performance:

• 1 July 2021 to 14 April 2022

0004AA Acre Pre-emergent Spraying-Pierre Area

FFP

0004AB Acre Pre-emergent Spraying-Mobridge Area

FFP

0004AC Acre Pre-emergent Spraying-Bismarck-Ft Yates

FFP

0004AD Acre Spot Spraying - Pierre Area

FFP

0004AE Acre Spot Spraying - Mobridge Area

FFP

0004AF Acre Spot Spraying - Bismarck-Ft Yates

FFP

OPTION Pre-Emergent Spraying on Oahe -Option 4

FFP

Contractor shall provide all labor, supervision, equipment, chemical supplies, and transportation to provide chemical application to control all vegetation in the designated areas IAW the PWS. Period of Performance for the Base Year shall be:

15 April 2022 – 14 April 2023 Active Periods of Performance:

• 15 April 2022 to 30 April 2022 Inactive Period of performance:

• 1 May 2022 to 14 June 2022 Active Periods of Performance:

• 15 June 2022 to 30 June 2022 Inactive Period of performance:

• 1 July 2022 to 14 April 2023

0005AA Acre Pre-emergent Spraying-Pierre Area

FFP

0005AB Acre Pre-emergent Spraying-Mobridge Area

FFP

0005AC Acre Pre-emergent Spraying-Bismarck-Ft Yates

FFP

0005AD Acre Spot Spraying - Pierre Area

FFP

0005AE Acre Spot Spraying - Mobridge Area

FFP

0005AF Acre Spot Spraying - Bismarck-Ft Yates

FFP

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 Monica L. Dwyer at monica.l.dwyer@usace.army.mil

Please reference Solicitation Number W9128F18Q0026 on all correspondence.

Points of Contact (POC):

For contractual questions, contact Monica L. Dwyer at 402-995-2726, or at monica.l.dwyer@usace.army.mil.

For technical or specification questions; contact Russell Somsen, at 605-945-3421, or Russell.A.Somsen@usace.army.mil.

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.

https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284

(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 https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm 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

(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

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_11.html#wp1043964 http://fedgov.dnb.com/webform https://www.acquisition.gov/

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

1. Professional experience with chemical control of weeds: Please provide a written summary of your experience and expertise. The summary should cover the types of vegetation you have worked with and the treatment methods you have used.

2. Ability to provide appropriate equipment and staff: Please provide the type of equipment you have available to perform the required work and the level of experience/expertise for your crew members.

3. Past Performance - The quoter shall provide two references of projects related to chemical weed control activities 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.

Additionally, past performance may be based on the Contracting’s Officer’s knowledge of and previous experience with similar purchases acquired and any information contained in the Governmentwide Past Performance Information Retrieval System (PPIRS), contained at www.ppirs.gov.

The quoter will receive a rating of exceptional for past performance that demonstrates successful completion of similar purchases on all references and the additional information retrieved from PPIRS and from the Contracting Officer is favorable. The quoter will receive a rating of satisfactory for past performance that has at least one reference that demonstrates successful completion of similar purchases and the information from PPIRS and the Contracting Officer is favorable. The quoter will receive a rating of unsatisfactory for past performance that does not demonstrate any successfully completed similar purchases on the references and the additional information from PPIRS and the Contracting Officer is not favorable.

4. Price: The prospective Contractor's proposed acre rates shall be inclusive of all costs that might be incurred during this agreement such as, but not limited to, mobilization fee, labor, fuel, chemical, mileage, equipment, rental fees, licenses, insurance, etc. The Contractor shall provide bid prices for all line items on the bid sheet.

The Government may award an agreement resulting from this solicitation consisting of a single line item only or any combination of line items. Agreement work will include actual spray time as listed on the PAR and reasonable on-site set-up time.

After a preliminary consideration of all quotations, the government will identify from all quotations one that is the most suitable to the user and screen all lower priced quotations based on the readily discernible value factors (1-4) above.

(b) Options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

For the purpose of the award of the contract, the Government intends to evaluate the option to extend services, provided under FAR 52.217-8, as follows:

The evaluation will consider the possibility that the option can be exercised at any time, and can be exercised in increments of one to six months, but for no more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the http://www.ppirs.gov/ priced options has the same effect on the total price of all quotations relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the quotations, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

PWS

PERFORMANCE WORK STATEMENT (PWS)

BROADLEAF SPRAYING

US ARMY CORPS OF ENGINEERS

(OAHE PROJECT/LAKE OAHE)

28563 Powerhouse Road Pierre, SD 57501

1.0 General Information.

1.1 Background: This is a service contract to provide all labor, supervision, equipment, chemical, supplies, and transportation to provide chemical application to control all vegetation in the designated areas during the 2018- 2022 growing season.

Approximately 50 acres are to be kept free of vegetation on Oahe Project Corps of Engineers lands. Since these are residential areas special care must be taken around other people property (gardens, trees, flowers and shrubs). The contractor must be very aware of chemical drift. The contractor will be held liable for any damages that occur during the execution of this contract.

1.2 Scope of Work. This is a non-personal services contract to provide Oahe Total Vegetation Spraying, Oahe Project/Lake Oahe, Pierre, South Dakota. Services include all equipment, personnel, chemicals and chemical additives necessary to perform the spraying in accordance with All State and Federal laws. All areas that are to be sprayed adjacent to water must be sprayed with a federal and state approved chemical. The applicator(s) will have a current and valid applicators license for all chemicals and methods of applications and will provide the license number. The applicator(s) will provide pesticide application records (attachment 1) to this office within two weeks of completion of spraying. The applicator(s) will be required to spray the following acres in three separate areas on Oahe Project in the States of North and South Dakota (see enclosed maps). 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. This is a fixed priced, performance based service contract where the government defines and measures desired outcomes, while contractor methods are generally not constrained or directed.

1.2.1 Schedules: There will be two scheduled sprayings for this contract. The first will be done with the use of a total vegetation pre-emergent chemical. All designated areas will need to be completely covered with the total vegetation pre-emergent chemical. This spraying will be done from April 15th to April 30th annually. The second spraying will be a spot spraying of anything green and growing. All areas will be visited and any vegetation that is growing in the control area needs to be spot sprayed. This spraying will need to be done from June 15th to June 30th annually, at the direction of the COR.

1.3 Period of Performance: The period of performance shall be for one (1) Base Offer and 4 options. The Period of Performance reads as follows:

Base Offer – 15 April 2018 – 14 April 2019 Active Period of Performance:

• 15 April 2018 to 30 April 2018 Inactive Period of performance:

• 1 May 2018 to 14 June 2018 Active Period of Performance:

• 15 June 2018 to 30 June 2018 Inactive Period of performance:

• 1 July 2018 to 14 April 2019

Option 1 - 15 April 2019 – 14 April 2020 Active Periods of Performance:

• 15 April 2019 to 30 April 2019 Inactive Period of performance:

• 1 May 2019 to 14 June 2019 Active Period of Performance:

• 15 June 2019 to 30 June 2019 Inactive Period of performance:

• 1 July 2019 to 14 April 2020

Option 2 – 15 April 2020 – 14 April 2021 Active Periods of Performance:

• 15 April 2020 to 30 April 2020 Inactive Period of performance:

• 1 May 2020 to 14 June 2020 Active Periods of Performance:

• 15 June 2020 to 30 June 2020 Inactive Period of performance:

• 1 July 2020 to 14 April 2021

Option 3 – 15 April 2021 – 14 April 2022 Active Periods of Performance:

• 15 April 2021 to 30 April 2021 Inactive Period of performance:

• 1 May 2021 to 14 June 2021 Active Periods of Performance:

• 15 June 2021 to 30 June 2021 Inactive Period of performance:

• 1 July 2021 to 14 April 2022

Option 4 – 15 April 2022 – 14 April 2023 Active Periods of Performance:

• 15 April 2022 to 30 April 2022 Inactive Period of performance:

• 1 May 2022 to 14 June 2022 Active Periods of Performance:

• 15 June 2022 to 30 June 2022 Inactive Period of performance:

• 1 July 2022 to 14 April 2023

1.4 Contractor Personnel

1.4.1 The contractor shall perform all work under this contract using his or her own forces except as provided in Paragraph 1.4.2 Subcontracting. Employees who perform this work shall be qualified persons on the contractor’s own payroll. All contractor vehicles shall be registered, licensed, and insured to meet all State and local laws. 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 at least 16 years of age or older.

1.4.2 Subcontracting. The contractor shall not subcontract any of the work without written approval of the Contracting Officer (KO). Compliance with the provisions of this contract by subcontractors shall be the responsibility of the contractor.

1.5 Quality Control

1.5.1 The contractor shall designate, in writing, an employee who shall serve as the contract Point of Contact for matters involving quality and performance or nonperformance of the required work stated in this PWS. 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 standards contained herein. The contractor shall furnish the above written designation to the Contracting Officer Representative (COR) no later than the first day of work. The contractor shall include the name(s), address(s), and telephone number(s) of the responsible individual(s).

1.5.2 The KO reserves the right to disapprove any individual whom he considers incompetent to perform the work required. The KO will provide a written notice of any disapproval to the contractor.

1.6 Quality Assurance. The government will use a Quality Assurance Surveillance Plan (QASP) to ensure that the Contractor is performing the services required by this PWS in an acceptable manner. The Government may use Quality Assurance Evaluators (QAE(s)) to provide assistance with the quality assurance methods.

1.6.1 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 delay the work.

1.6.2 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.

1.6.2.1 Upon verification that a corrective action will be needed, the COR will notify the contractor that they are required to re-perform specific services. Upon, notification, the contractor shall fix the deficiencies within 3 days of notification. The Contractor shall notify the COR within 24 hours of completion and a re-inspection shall be conducted

1.6.3 The government may take action, if the contractor fails to 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 related to the performance of such service or (2) terminate the contract in whole or in part

1.6.4 The contractor is responsible to replace/repair any damage to government property due to negligence, at his or her own cost. The government may take action, if the contractor fails to replace/repair any damage to government property. The government may (1) by contract, or otherwise, replace/repair damaged government property and charge to the contractor any cost incurred by the government to replace/repair any damage.

1.7 Hours of Operation. The contractor is responsible for conducting business, between the hours of 6:00 am to 8:00 pm 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 must 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.

1.8 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 requirements, scheduling, submittal process, review of the Activity Hazard Analysis (AHA), and Abbreviated Accident Prevention Plan (AAP). At least one (1) week prior to commencing work, the contractor shall coordinate their proposed work schedule with the COR.

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

d. Proof of Insurance for Contractors and Subcontractors;

e. Material Safety Data Sheets (MSDS): The Contractor shall supply MSDS’s for all cleaning solutions, detergents, and materials used on the project.

1.10 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. The contractor shall comply will all applicable regulations. Applicable regulations include, but are not limited to the following:

a. Code of Federal Regulations (CFR), Title 36, Chapter III, Part 327, Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects EP 1165-2-316 (http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2- 316.pdf?ver=2013-08-22-104526-670)

b. Engineering Manual (EM) 385-1-1 (USACE – Safety and Health Requirements Manual), dated November 2014; http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

c. Occupational Safety and Health Standards (29 CFR 1910);

1.10.1 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.

Note: Contractors and other individual employer’s typically use Job Safety Analyses (JSAs), Job Hazard Analyses (JHAs), or similar Risk Management assessment tools. The government shall consider these documents equivalent to, and acceptable substitutes for, the USACE’s AHA provided the data collected is the same as that required by the AHA, commensurate with the type of services performed by the contractor.

1.10.2 Abbreviated Accident Prevention Plan (APP). EM 385-1-1 in its entirety may be too complex for the type of work 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.

1.11 Physical Security

1.11.1 The contractor shall be responsible for safeguarding all government facilities, property, and materials provided for contractor use. The contractor shall secure at all times all government facilities, property, and materials. 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.

1.11.2 Key Control. N/A

1.12 Antiterrorism/Operation Security Requirements

1.12.1. Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2-316.pdf?ver=2013-08-22-104526-670 http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2-316.pdf?ver=2013-08-22-104526-670 http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

1.12.2 For contractors who do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

1.12.3 Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

1.12.4 Pre-screen candidates using E-Verify Program. 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 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 three (3) business days after the initial contract award.

1.13 Payment

1.13.1 The government will make payment bi-annually, after the government has inspected and accepted the services provided by the contractor, and the government has reviewed, approved, and processed the contractor’s invoice. The contractor shall submit the invoice to the COR and/or any other person that has been designated in the contract to receive the invoice.

1.13.2 The contractor must provide the contractor’s name, address, contract number, period of services completed (i.e., for the month of January or for the period of performance of January 1 through February 23), CLIN number and specific quantities of work performed (i.e., 1 Month, 40 days, 100 acres, etc.), and total requested, for an invoice to be considered proper. The contractor shall submit the invoice by the fifth (5th) of the month for services completed the previous month or submit the invoice upon completion of all services, in accordance with the period of performance stated in the CLIN.

1.14 Security Requirements: All Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes.

Directions for background check are in paragraph 1.14.3

1.14.1 Submit a complete, updated and signed, list of all Contractor and subcontractor personnel, including their titles and intended working hours, who will be working on site prior to start of work. This listing shall be revised and resubmitted when personnel changes occur.

1.14.2 Personnel Risk Assessment

A minimum of seven days prior to engaging in work, submit to the COR a Personnel Risk Assessment (PRA) for each employee requiring authorized unescorted access to the Jobsite. The Contractor employee will only be allowed authorized unescorted physical access after the PRA is shown to and approved by the Government.

1.14.3 Authorized Unescorted Access Requirements

Perform a PRA on all Contractor personnel that require authorized unescorted access to the Jobsite. Costs associated with the execution of the PRA shall be at the expense of the Contractor. The content of the PRA is defined by the requirements as follows:

a. Criminal Check - Obtain a criminal background check, completed within the last seven years, on all Contractor personnel that require authorized unescorted access to the Jobsite. A minimum of a 7-year criminal background check with the state patrol office shall be performed from all states of residence and employment, for the past seven years. The COR through the Contacting Officer will approve, disapprove, or revoke authorized unescorted access to the Jobsite as a result of the seven-year background check in accordance with Army Directive 2014-05 Enclosure 2.

b. Identity Verification - Contractor employees shall provide positive verification of individual identity prior to authorize unescorted access to the Jobsite. Acceptable forms of identity verification are documents issued by a federal Government agency that include: the individual's photograph, name, and date of birth, such as a passport or military identification (ID) card. Additionally, a state issued driver's license or ID card is acceptable for identity verification.

c. The Criminal Check and Identity Verification shall be updated at least every seven years for each employee requiring authorized unescorted access to the Jobsite.

d. Escort Requirements - Contractor personnel not cleared for authorized access to the Jobsite may be escorted by Government or Contractor personnel that have authorized unescorted access to the Jobsite. All costs related to the escorting of non-cleared personnel shall be at the expense of the Contractor. Additional burden shall not be placed upon the Government to provide these escorts. Prior to access, coordination with the Project Security Officer is required, including but not limited to:

(1) Verification of identity with photo identification

(2) Name of escorting individual and verification of unescorted status

(3) Time of entry into the Jobsite

(4) Time exiting the Jobsite.

2.0 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 (KO). 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 KO 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:

AR Army Regulation CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative DA Department of the Army DOD Department of Defense FAR Federal Acquisition Regulation NLT No Later Than OCI Organizational Conflict of Interest PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control

3.0 Government Furnished Items and Services:

3.1. Services: N/A.

3.2 Facilities: The Government shall NOT make available to the Contractor any space or facilities for storage of equipment or supplies, unless negotiated by the KO.

3.3 Utilities: The Government may provide water at no extra cost to the contractor while the water system is working or may be obtained from other sources approved by the COR. If obtained from sources other than the Government water supply systems, all arrangements and payments, if any, will be made by the Contractor. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning. The Contractor shall be responsible to furnish all equipment necessary to load, contain, and transport water for cleaning.

3.4 Materials: N/A

4. Contractor Furnished Items and Responsibilities:

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

4.2 Materials: Any chemical, additives, or other substances used the Contractor must supply the COR with Material Data Safety Sheets for any product used on this contract.

4.3 Equipment: The Contractor shall furnish all equipment to meet the requirements under this PWS. All equipment used to perform work under this contract must be in good operating and mechanical condition. All equipment will be equipped with the manufacturers recommended safety protective devices to insure worker and public safety at all times. The Contractor will provide to his/her workers proper eye, ear, head, and foot protection equipment for the job. The equipment and operators must also comply with the U.S. Army Corps of Engineers Safety and Health Requirements Manual EM 385-1-1.4.6.1.

5. SPECIFIED TASKS:

5.1. Basic Services:…