W9128F18Q0033_-_Oahe_Broadleaf_Spray.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F18Q0033 20-Feb-2018

b. TELEPHONE NUMBER

402-995-2039

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 07 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

LYNNE D REED

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

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)

PAGE 2 OF62

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.

W9128F18Q0033

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Oahe Broadleaf Spraying

FFP

Contractor shall provide all labor, supervision, equipment, chemical, supplies, and transportation to provide chemical application to control all broadleaf vegetation in the designated areas IAW the PWS.

NET AMT

0001AA 55.60 Acre Oahe Broadleaf Spray Base (May)

FFP

55.6 Acres to include Visitor Center, Powerhouse, Dam Crest Road, Administration area Pierre, and Fort Pierre Lots.

Period of Performance for the Base Year shall be: 1 May 2018 – 15 May 2018.

FOB: Destination

0001AB 55.60 Acre Oahe Broadleaf Spray Base (July)

FFP

Period of Performance for the Base Year shall be: 1 July 2018 – 15 July 2018.

Oahe Broadleaf Spraying - Option Year 1

FFP

Contractor shall provide all labor, supervision, equipment, chemical, supplies, and

0002AA 55.60 Acre OPTION Oahe Broadleaf Spraying - Option Year 1

FFP

Period of Performance for the Base Year shall be: 1 May 2019 – 15 May 2019.

0002AB 55.60 Acre OPTION Oahe Broadleaf Spraying - Option Year 1

FFP

Period of Performance for the Base Year shall be: 1 July 2019 – 15 July 2019.

Oahe Broadleaf Spraying Option Year 2

FFP

Contractor shall provide all labor, supervision, equipment, chemical, supplies, and

0003AA 55.60 Acre OPTION Oahe Broadleaf Spraying Option Year 2

FFP

Period of Performance for the Base Year shall be: 1 May 2020 – 15 May 2020.

0003AB 55.60 Acre OPTION Oahe Broadleaf Spraying Option Year 2

FFP

Period of Performance for the Base Year shall be: 1 July 2020 – 15 July 2020.

Oahe Broadleaf Spraying Option Year 3

FFP

Contractor shall provide all labor, supervision, equipment, chemical, supplies, and

0004AA 55.60 Acre OPTION Oahe Broadleaf Spraying Option Year 3

FFP

Period of Performance for the Base Year shall be: 1 May 2021 – 15 May 2021.

0004AB 55.60 Acre OPTION Oahe Broadleaf Spraying Option Year 3

FFP

Period of Performance for the Base Year shall be: 1 July 2021 – 15 July 2021.

Oahe Broadleaf Spraying Option Year 4

FFP

Contractor shall provide all labor, supervision, equipment, chemical, supplies, and

0005AA 55.60 Acre OPTION Oahe Broadleaf Spraying Option Year 4

FFP

Period of Performance for the Base Year shall be: 1 May 2022 – 15 May 2022.

0005AB 55.60 Acre OPTION Oahe Broadleaf Spraying Option Year 4

FFP

Period of Performance for the Base Year shall be: 1 July 2022 – 15 July 2022.

PWS

PERFORMANCE WORK STATEMENT (PWS)

BROADLEAF SPRAYING

US ARMY CORPS OF ENGINEERS

(OAHE PROJECT/LAKE OAHE)

28563 Powerhouse Road

PIERRE, SD 57501

December 18, 2017

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 broadleaf vegetation in the designated areas during the 2018- 2022 growing season. Approximately 55.6 acres are to be kept free of broadleaf 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: Services include the control of all broadleaf vegetation in the designated areas during the growing season. The contractor shall perform these services in areas designated in this PWS

(see maps). The contractor(s) or applicator(s) will provide all equipment, personnel, chemicals and chemical additives necessary to perform the spraying in accordance with All State and Federal laws.

NOTE: contractor will need to apply chemical to all areas with a hooded sprayer system (see attachment 3 for example). The Dam Crest Road will not need to be sprayed with the uses of a hood.

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.

1.2.1 Schedules: There will be two scheduled sprayings annually for this contract. The first spraying will be accomplished between the dates of May 1st to May 15th. The second spraying will be accomplished between the dates of July 1st to July 15th. The point of contact (POC) and contractor will determine the best date and time to accomplish the spraying based on weather and weed growth.

Contractor will not be paid until it is evident that all areas have been successfully treated for all broadleaf weeds in designated areas. Prior to spraying, the contractor(s) will contact the Project Office to set up a meeting to discuss any questions the contractor may have about the contract.

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 – 2018

01 May 2018 to 15 May 2018.

01 July 2018 to 15 May 2018.

Option 1 - 2019

01 May 2019 to 15 May 2019.

01 July 2019 to 15 May 2019.

Option 2 - 2020

01 May 2020 to 15 May 2020.

01 July 2020 to 15 May 2020.

Option 3 - 2021

01 May 2021 to 15 May 2021.

01 July 2021 to 15 May 2021.

Option 4 - 2022

01 May 2022 to 15 May 2022.

01 July 2022 to 15 May 2022.

1.4 Contractor Personnel. 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. Compliance with the provisions of this contract by subcontractors shall be the responsibility of the contractor.

1.5 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 he assures himself that his work complies with the requirement of the contract.

1.6 Quality Assurance Surveillance Plan. The government will use a Quality Assurance

Surveillance Plan (QASP) during the life of the contract to ensure that the contractor is performing the services required by this PWS in an acceptable manner. The Government develops the QASP and the Project Office administers the Plan through Quality Assurance

Evaluators (QAE(s)).

1.6.1 The government will evaluate the contractor’s performance under this agreement in accordance with Part 7 of this PWS. The evaluation is primarily focused on what the government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). The POC will be allowed at any time or place the contractor is on government property, to obtain a sample of the chemical for testing. If the contractor is found to be using a chemical off-label or a chemical not approved for use by the KO, the agreement will be terminated and the contractor shall be held liable for any damages and pay for the completion of the agreement by a different source. The POC will be allowed to observe and photograph all work activities conducted in completion of this PWS. The

POC may inspect the work as the agreement progresses. The contractor will not be paid for any work performed that is deemed defective to the POC. Any defective service(s) noted by the

POC shall be corrected at no additional cost to the government. The contractor shall be responsible to perform only that work specified within the PWS, and shall receive no compensation for any work performed that is not specified within the PWS. No government personnel will be allowed to assist the contractor in actual spraying operations or supervision of the contractor's personnel.

1.7 Hours of Operation: The contractor is responsible for conducting business, sunrise to sunset CST, Monday thru Sunday, except federal holidays or when the government facility is closed due to local or national emergencies, administrative closings, or similar government directed facility closings. 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.

1.8 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_3

85-1-1.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

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

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.

1.12 Payment

1.12.1 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.

1.12.2 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.

1.13 Place of Performance: The work to be performed under this agreement shall be performed on federal land administered by the USACE Oahe Project, Pierre, South Dakota.

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 CO or Project POC, 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 authorized 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.

1.14.4 Physical Access:

The following verbiage should be added to paragraph “1.14.5 Special Qualifications”

1.14.4.1 Special Qualifications: All contract employees, including subcontractor employees who are not in possession of the appropriate access privileges, will be escorted in areas where they may be exposed to sensitive materials and/or sensitive or restricted areas.

1.14.4.2 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.

http://www.dhs.gov/E‐Verify

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. 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:

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

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

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 POC.

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. NOTE: contractor will need to apply chemical to all areas with a hooded sprayer system (see attachment 3 for example). 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: The contractor shall provide services for chemical application. The contractor shall perform chemical application services on approximately 55.6 acres of federal land administered by the USACE Oahe Project. Services include 1) All designated areas will need to be completely covered with an approved broadleaf vegetation chemical, and 2) preparation and submittal of invoices for payment, chemical MSDS sheet, spray logs and all other documentation requires under PWS.

5.2. Task Heading:

5.2.1 Areas to be sprayed / controlled (see attachment 2, for specific map locations):

LOTS ACRES

Pierre 61 11.6

Fort Pierre 42 10.6

Frontier Road 5 4.1

Visitor Center 8.3

Powerhouse 11.3

Project Office 5

Dam Crest Road 4.7

Total 55.6

5.2.2. Broadleaf spraying: All designated areas will need to be completely covered with an approved broadleaf chemical treatment. There will be two scheduled sprayings annually for this contract. The first spraying will be accomplished between the dates of May 1st to May 15th. The second spraying will be accomplished between the dates of July 1st to July 15th. The point of contact (POC) and contractor will determine the best date and time to accomplish the spraying based on weather and weed growth.

5.2.3. Chemical Application Documentation: The contractor will be required to provide all

MSDS sheet for each chemical/additive used. The contractor shall provide a Pesticide

Application Record (attachment 1) for each day spraying is performed. If other forms of

Pesticide Application Record are to be used it will need to be approved by the POC.

5.2.4. Invoices: The contractor shall be required to prepare itemized invoices to receive payment for services rendered.

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

Performance Objective

Standard Performance

Threshold

Method of

Surveillance

PRS # 1.

Broadleaf spraying :

PWS paragraph 5.2

The Contractor shall spray all designated areas with approved pre-emergent chemical.

In accordance with Part

5.2 and attachment 2.

Zero Deviation From

Standard.

100% inspection

PRS #2

Chemical Application

Documentation:

PWS paragraph 5.2

The contractor will be responsible to provide all

MSDS sheet and

Pesticide Application

Records (attachment 1) to the COR.

IAW Part 5.2 Section C

Zero Deviation From

Standard.

100% inspection

PRS #3

Invoices:

PWS paragraph 5.2

The Contractor shall submit all invoices to the

POC.

IAW Part 5.2 Section D

Zero Deviation From

Standard.

100% inspection

7.0 Attachment/Technical Exhibit List:

7.1. Attachment 1 – Pesticide Application Record

7.2. Attachment 2 – Spray Map Locations

7.3. Attachment 3 – Example of hooded sprayer attachment

ATTACHMENT 1

PESTICIDE APPLICATION RECORD

U.S. ARMY CORPS OF ENGINEERS, OMAHA DISTRICT, OAHE PROJECT

Date: _________ Area or Treatment Site: ___________________________ Total Acres Treated:_________

WEATHER CONDITIONS DURING TREATMENT:

Temperature: A.M. P.M._______ Wind Speed:A.M. P.M. Wind Direction: A.M. P.M.__ __

TIME OF APPLICATION: Beg Time: ________ End Time: ________

Beg Time: ________ End Time: ________ Total Hours: _________

APPLICATION EQUIPMENT USED: PICKUP - BOOM HANDGUN

ATV - BOOM HANDWAND____

GRANULAR________ BACKPACK ____

TARGET WEEDS CONTROLLED:__________________________________________

GROWTH STAGE: DORMANT ( ) ACTIVE TO FLOWER ( ) MATURE TO SEED SET ( )

MIXTURE AND/OR FORM APPLIED: ___________________________________________

Chemical Used: _____________________ Common Name: ____________________________

Manufacturer: __________________________ EPA Registration # _____________

Total Quantity: _____________________ APPLICATION RATE: _________________________________________

SPECIAL PRECAUTIONS TAKEN: ________________________________________

PROBLEMS ENCOUNTERED AT TIME OF APPLICATION:

APPLICATOR’S NAME & LICENSE #:

BID SHEET

Bid Sheet

BASE OFFER – 2018

ITEM NO SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT

0001AA MAY 1ST TO MAY 15TH SPRAY VISITOR CENTER,

POWERHOUSE, DAM CREST ROAD,

ADMINISTRATION AREA PIERRE AND FORT

PIERRE LOTS FOR BROADLEAF WEEDS AS PER

THE SPECIFICATIONS AND ATTACHED MAPS.

This spraying will be done in 2018 as per the specifications in the PWS.

55.6

Acre

0001AB JULY 1ST TO JULY 15TH SPRAY VISITOR CENTER,

POWERHOUSE, DAM CREST ROAD,

ADMINISTRATION AREA PIERRE AND FORT

PIERRE LOTS FOR BROADLEAF WEEDS AS PER

THE SPECIFICATIONS AND ATTACHED MAPS.

This spraying will be done in 2018 as per the specifications in the PWS.

55.6 Acre __________ __________

TOTAL

OPTION 1 - CY2019

0002AA MAY 1ST TO MAY 15TH SPRAY VISITOR CENTER,

POWERHOUSE, DAM CREST ROAD,

ADMINISTRATION AREA PIERRE AND FORT

PIERRE LOTS FOR BROADLEAF WEEDS AS PER

THE SPECIFICATIONS AND ATTACHED MAPS.

This spraying will be done in 2019 as per the

0002AB JULY 1ST TO JULY 15TH SPRAY VISITOR CENTER,

ADMINISTRATION AREA PIERRE AND FORT

PIERRE LOTS FOR BROADLEAF WEEDS AS PER

THE SPECIFICATIONS AND ATTACHED MAPS.

This spraying will be done in 2019 as per the specifications in the PWS.

OPTION 2 - CY2020

0003AA MAY 1ST TO MAY 15TH SPRAY VISITOR CENTER,

POWERHOUSE, DAM CREST ROAD,

ADMINISTRATION AREA PIERRE AND FORT

PIERRE LOTS FOR BROADLEAF WEEDS AS PER

THE SPECIFICATIONS AND ATTACHED MAPS.

This spraying will be done in 2020 as per the

0003AB JULY 1ST TO JULY 15TH SPRAY VISITOR CENTER,

ADMINISTRATION AREA PIERRE AND FORT

PIERRE LOTS FOR BROADLEAF WEEDS AS PER

THE SPECIFICATIONS AND ATTACHED MAPS.

This spraying will be done in 2020 as per the specifications in the PWS.

OPTION 3 - CY2021

0004AA MAY 1ST TO MAY 15TH SPRAY VISITOR CENTER,

POWERHOUSE, DAM CREST ROAD,

ADMINISTRATION AREA PIERRE AND FORT

PIERRE LOTS FOR BROADLEAF WEEDS AS PER

THE SPECIFICATIONS AND ATTACHED MAPS.

This spraying will be done in 2021 as per the

0004AB JULY 1ST TO JULY 15TH SPRAY VISITOR CENTER,

ADMINISTRATION AREA PIERRE AND FORT

PIERRE LOTS FOR BROADLEAF WEEDS AS PER

THE SPECIFICATIONS AND ATTACHED MAPS.

This spraying will be done in 2021 as per the specifications in the PWS.

55.6 Acre _________ __________

OPTION 4 - CY2022

0005AA MAY 1ST TO MAY 15TH SPRAY VISITOR CENTER,

POWERHOUSE, DAM CREST ROAD,

ADMINISTRATION AREA PIERRE AND FORT

PIERRE LOTS FOR BROADLEAF WEEDS AS PER

THE SPECIFICATIONS AND ATTACHED MAPS.

This spraying will be done in 2022 as per the

0005AB JULY 1ST TO JULY 15TH SPRAY VISITOR CENTER,

ADMINISTRATION AREA PIERRE AND FORT

PIERRE LOTS FOR BROADLEAF WEEDS AS PER

THE SPECIFICATIONS AND ATTACHED MAPS.

This spraying will be done in 2022 as per the specifications in the PWS.

GRAND TOTAL FROM 0001AA TO 0005AB: ---------------------------

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A N/A

0001AA Destination Government Destination Government

0001AB Destination Government Destination Government

0002 N/A N/A N/A N/A

0002AA N/A N/A N/A Government

0002AB N/A N/A N/A Government

0003 N/A N/A N/A N/A

0003AA N/A N/A N/A Government

0003AB N/A N/A N/A Government

0004 N/A N/A N/A N/A

0004AA N/A N/A N/A Government

0004AB N/A N/A N/A Government

0005 N/A N/A N/A N/A

0005AA N/A N/A N/A Government

0005AB N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0001AA POP 01-MAY-2018 TO

31-MAY-2018

N/A N/A

0001AB POP 02-JUL-2018 TO

31-JUL-2018

0002 N/A N/A N/A N/A

0002AA POP 01-MAY-2019 TO

31-MAY-2019

0002AB POP 01-JUL-2019 TO

31-JUL-2019

0003 N/A N/A N/A N/A

0003AA POP 01-MAY-2020 TO

31-MAY-2020

0003AB POP 01-JUL-2020 TO

31-JUL-2020

0004 N/A N/A N/A N/A

0004AA POP 01-MAY-2021 TO

31-MAY-2021

0004AB POP 01-JUL-2021 TO

31-JUL-2021

0005 N/A N/A N/A N/A

0005AA POP 01-MAY-2022 TO

31-MAY-2022

0005AB POP 01-JUL-2022 TO

31-JUL-2022

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-22 Alternative Line Item Proposal JAN 2017

52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.217-5 Evaluation Of Options JUL 1990

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

OCT 2015

52.232-18 Availability Of Funds APR 1984

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

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

1449). However, the small business size standard for a concern which submits a quotation in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Electronic quotations are preferred over paper responses, unless other arrangements have been made. Send completed quotation to Lynne D. Reed @ lynne.d.reed@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.

(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 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

Contracting Officer will not negotiate with any quoters other than those of the Government’s choice and will not use the formal source selection procedures described in FAR part 15.

(h) Multiple purchase orders. The Government may issue a purchase order for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the

Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to issue a purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quotation.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section

Suite 8100

470 East L’Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point

(DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all quotations exceeding $3,000, and quotations of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management

(SAM) database.) The quoter shall enter, in the block with its name and address on the cover page of its quotation, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the quoter’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the quoter to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts

(see FAR Subpart 32.11) for the same concern. If the quoter does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A quoter within the United States may contact Dun and Bradstreet by calling

1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. A quoter located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The quoter should indicate that it is a quoter for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of a quotation, the quoter acknowledges the requirement that a prospective contractor shall be registered in the SAM database prior to purchase order issuance, during performance and through final payment of any contract resulting from this solicitation. If the quoter does not become registered in the SAM database in the time prescribed by the

Contracting Officer, the Contracting Officer will proceed to issue the purchase order to the next otherwise successful registered quoter. Quoters may obtain information on registration and annual confirmation requirements via the https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_11.html#wp1043964 http://fedgov.dnb.com/webform

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:

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:

Aircraft Public and Passenger Liability Insurance $200,000 per person

Bodily Injury (other than passenger injury) $500,000 per occurrence

Property Damage $200,000 per occurrence

Passenger Liability Bodily Injury $200,000 multiplied by the number of seats or passengers, whichever is greater

And, when contract performance involves use of vessels, the Contracting Officer shall require, as determined by the agency, vessel collision liability and protection and indemnity insurance. The contractor is responsible for contacting the state for compliance with its workman’s compensation laws.

(n) State and Local Taxes:

The U.S. Army Corps of Engineers is exempt from paying state and local taxes per Title 4 United States Code 104-

107. The U.S. Army Corps of Engineers Tax ID Number is 62-1642142.

Contractors performing services for the U.S. Army Corps of Engineers are not exempt from state and local taxes in transactions with vendors, suppliers or subcontractors.

In the State of South Dakota, there is an excise tax on the total gross receipts of all prime contractors and subcontractors engaged in realty improvement. Contractor shall include the excise tax in its quotation.

For information concerning the taxes contact: Sales and Use Tax Division, Capital Lake Plaza, Pierre, South Dakota.

Telephone 605-773-3311.

52.212-2 ADDENDUM; EVALUATION--COMMERCIAL ITEMS

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 the best value to the Government.