W9128F18Q0055_BB_Total_Veg_Spraying_Sol..pdf

SEE ADDENDUM

(No Collect Calls)

W9128F18Q0055 11-Apr-2018

b. TELEPHONE NUMBER

402-995-2039

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 23 Apr 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

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

W59XQG80371910

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 968806 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

BIG BEND PROJECT OFFICE

BRANDON BACON

COE BIG BEND PROJECT OFFICE

CENWO-OD-BB BIG BEND PROJECT

33573 NORTH SHORE RD

CHAMBERLAIN SD 57325-4513

TEL: 605-245-1806 FAX:

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 OF59

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.

W9128F18Q0055

Section SF 1449 - CONTINUATION SHEET

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

BIG BEND AREA VEGETATION SPRAYING

FFP

Big Bend Area Vegetation Spraying of 142.70 required acres as scheduled;

Base Year Period of Performance: 30 April 2018 through 14 September 2018

FOB: Destination

MILSTRIP: W59XQG80371910

PURCHASE REQUEST NUMBER: W59XQG80371910

NET AMT

0002 1 Job

OPTION BIG BEND AREA VEGETATION SPRAYING

FFP

Big Bend Area Vegetation Spraying of 5.0 additional optional acres requested by

COR;

Base Year Period of Performance: 30 April 2018 through 14 September 2018

FOB: Destination

0003 1 Job

BIG BEND DANDELION & CRABGRASS TREATMENT

FFP

Big Bend Dandelion and Crabgrass Treatment of 64.78 required acres treated as scheduled;

Base Year Period of Performance: 30 April 2018 through 14 September 2018

1000 1 Job

OPTION BIG BEND AREA VEGETATION SPRAYING

FFP

Big Bend Area Vegetation Spraying of 142.70 required acres as scheduled;

Option Year 1: Period of Performance: 29 April 2019 through 20 September 2019

1001 1 Job

OPTION BIG BEND AREA VEGETATION SPRAYING

FFP

Big Bend Area Vegetation Spraying of 5.0 additional optional acres requested by

COR;

Option Year 1: Period of Performance: 29 April 2019 through 20 September 2019

1002 1 Job

OPTION BIG BEND DANDELION & CRABGRASS TREATMENT

FFP

Big Bend Dandelion and Crabgrass Treatment of 64.78 required acres treated as scheduled;

Option Year 1: Period of Performance: 29 April 2019 through 20 September 2019

2000 1 Job

OPTION BIG BEND AREA VEGETATION SPRAYING

FFP

Big Bend Area Vegetation Spraying of 142.70 required acres as scheduled;

Option Year 2: Period of Performance: 27 April 2020 through 18 September 2020

2001 1 Job

OPTION BIG BEND AREA VEGETATION SPRAYING

FFP

Big Bend Area Vegetation Spraying of 5.0 additional optional acres requested by

COR;

Option Year 2: Period of Performance: 27 April 2020 through 18 September 2020

2002 1 Job

OPTION BIG BEND DANDELION & CRABGRASS TREATMENT

FFP

Big Bend Dandelion and Crabgrass Treatment of 64.78 required acres treated as scheduled;

Option Year 2: Period of Performance: 27 April 2020 through 18 September 2020

3000 1 Job

OPTION BIG BEND AREA VEGETATION SPRAYING

FFP

Big Bend Area Vegetation Spraying of 142.70 required acres as scheduled;

Option Year 3: Period of Performance: 26 April 2021 through 17 September 2021

3001 1 Job

OPTION BIG BEND AREA VEGETATION SPRAYING

FFP

Big Bend Area Vegetation Spraying of 5.0 additional optional acres requested by

COR;

Option Year 3: Period of Performance: 26 April 2021 through 17 September 2021

3002 1 Job

OPTION BIG BEND DANDELION & CRABGRASS TREATMENT

FFP

Big Bend Dandelion and Crabgrass Treatment of 64.78 required acres treated as scheduled;

Option Year 3: Period of Performance: 26 April 2021 through 17 September 2021

4000 1 Job

OPTION BIG BEND AREA VEGETATION SPRAYING

FFP

Big Bend Area Vegetation Spraying of 142.70 required acres as scheduled;

Option Year 4: Period of Performance: 25 April 2022 through 16 September 2022

4001 1 Job

OPTION BIG BEND AREA VEGETATION SPRAYING

FFP

Big Bend Area Vegetation Spraying of 5.0 additional optional acres requested by

COR;

Option Year 4: Period of Performance: 25 April 2022 through 16 September 2022

4002 1 Job

OPTION BIG BEND DANDELION & CRABGRASS TREATMENT

FFP

Big Bend Dandelion and Crabgrass Treatment of 64.78 required acres treated as scheduled;

Option Year 4: Period of Performance: 25 April 2022 through 16 September 2022

BID SHEET

BASE OFFER BID SHEET

BIG BEND PROJECT

TOTAL VEGETATION CONTROL CONTRACT

SOLICITATION/CONTRACT NO. W9128F18Q0055

PERFORMANCE PERIOD

DATE FROM 30 April 2018 THRU 14 September 2018

0001 BIG BEND AREA VEGETATION SPRAYING

142.70 required acres sprayed as

Scheduled. UNIT PRICE TOTAL

EST. 142.70 ea $_ __ $_ _.

0002 BIG BEND AREA VEGETATION SPRAYING

5.0 addition optional acres UNIT PRICE TOTAL Requested by COR

EST. 5.0 ea $_ __ $_ _.

0003 BIG BEND DANDELION AND CRABGRASS TREATMENT

64.78 required acres treated as Scheduled UNIT PRICE TOTAL

EST. 64.78 ea $_ __ $_ _.

AWARD AS A WHOLE (ITEMS 0001 THRU 0003) ESTIMATED TOTAL $

BASE OFFER BID SHEET OPTION 1

BIG BEND PROJECT

DATE FROM 29 April 2019 THRU 20 September 2019

1000 BIG BEND AREA VEGETATION SPRAYING

1001 BIG BEND AREA VEGETATION SPRAYING

1002 BIG BEND DANDELION AND CRABGRASS TREATMENT

AWARD AS A WHOLE (ITEMS 1000 THRU 1002) ESTIMATED TOTAL $

BASE OFFER BID SHEET OPTION 2

DATE FROM 27 April 2020 THRU 18 September 2020

2000 BIG BEND AREA VEGETATION SPRAYING

2001 BIG BEND AREA VEGETATION SPRAYING

2002 BIG BEND DANDELION AND CRABGRASS TREATMENT

AWARD AS A WHOLE (ITEMS 2000 THRU 2002) ESTIMATED TOTAL $

BASE OFFER BID SHEET OPTION 3

DATE FROM 26 April 2021 THRU 17 September 2021

3000 BIG BEND AREA VEGETATION SPRAYING

EST. 142.70 ea $_ __ $_

3001 BIG BEND AREA VEGETATION SPRAYING

EST. 5.0 ea $_ __ $_

3002 BIG BEND DANDELION AND CRABGRASS TREATMENT

AWARD AS A WHOLE (ITEMS 3000 THRU 3002) ESTIMATED TOTAL $

BASE OFFER BID SHEET OPTION 4

DATE FROM 25 April 2022 THRU 16 September 2022

4000 BIG BEND AREA VEGETATION SPRAYING

4001 BIG BEND AREA VEGETATION SPRAYING

4002 BIG BEND DANDELION AND CRABGRASS TREATMENT

AWARD AS A WHOLE (ITEMS 0005AA THRU 0005AC) ESTIMATED TOTAL $

GRAND TOTAL AMOUNT (BASE OFFER + RENEWAL OPTION 1 + RENEWAL OPTION 2 +

RENEWAL OPTION

3 + RENEWAL OPTION 4) ESTIMATED TOTAL $ .

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 Addendum; Instructions to Quoters—Commercial Items

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

Please provide the following information with your quote:

Company’s Name as it appears on SAM:

Company’s Address as it appears on SAM:

CAGE CODE:

DUNS:

TIN:

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

(b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Electronic quotations are preferred over paper responses, unless other arrangements have been made. Send completed quotation to lynne.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 Contracting Officer will not negotiate with any quoters other than those of the Government’s choice and will not use the formal source selection procedures described in FAR part 15.

(h) Multiple purchase orders. The Government may issue a purchase order for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to issue a purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quotation.

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

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

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

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

Additional copies will be issued for a fee.

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

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

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

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

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

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

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

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

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

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

(j) Data Universal Numbering System (DUNS) Number. (Applies to all quotations exceeding $3,000, and quotations of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The quoter shall enter, in the block with its name and address on the cover page of its quotation, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the quoter’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the quoter to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the quoter does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A quoter within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. A quoter located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The quoter should indicate that it is a quoter for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of a quotation, the quoter acknowledges the requirement that a prospective contractor shall be registered in the SAM database prior to purchase order issuance, during performance and through final payment of any contract resulting from this solicitation. If the quoter does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to issue the purchase order to the next otherwise successful registered quoter. Quoters may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Requests for information. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on purchase order(s) resulting from this solicitation from the contracting officer.

(m) Insurance Required (FAR 52.228-5):

In accordance with FAR 28.307-2, “Liability,” the contractor shall procure the following minimum insurance:

Type Amount Workman’s Compensation and Employer’s Liability Insurance $100,000 General Liability Insurance $1,000,000 per occurrence

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

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

And, when aircraft is used in connection with performing the contract:

Type Amount Aircraft Public and Passenger Liability Insurance $200,000 per person Bodily Injury (other than passenger injury) $500,000 per occurrence Property Damage $200,000 per occurrence Passenger Liability Bodily Injury $200,000 multiplied by the number of seats or passengers, whichever is greater

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

(n) State and Local Taxes:

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

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

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

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

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

Telephone 605-773-3311.

52.212-2 ADDENDUM; EVALUATION--COMMERCIAL ITEMS

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

1) Past Performance

The offeror shall provide three (3) examples of projects completed within the past three (3) years.

Experience can be based on projects completed as a prime contractor or projects of qualified subcontractors that have the capabilities to perform this work. These projects need to be of similar size, scope and complexity to this requirement. The contractor shall provide dates and pertinent information to demonstrate how they are comparable to this requirement in size and complexity.

2) Price Pricing shall be submitted per the line items on the bid sheet.

Past performance is more significant in importance than price

The award will be based on whether the lowest priced of the quotations having the highest past performance ratings possible represents the best value when compared to any lower priced quotation or offer.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

These factors will be evaluated in determining the successful bidder utilizing the adjectival ratings below:

(E) EXCEPTIONAL:

Performance significantly exceeds contract requirements to the Government’s benefit.

(S) SATISFACTORY: Performance meets contractual requirements.

(U) UNSATISFACTORY: Performance does not meet contractual requirements.

1.

PWS

PERFORMANCE WORK STATEMENT (PWS)

Total Vegetative Control US Army Corps of Engineers

Big Bend Project 33573 North Shore Road Chamberlain SD 57325

Dated 14 March 2018

1.0 General Information.

1.1 Background. This is a non-personnel services contract to provide Total Vegetative Control and dandelion and crabgrass treatment. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2 Scope of Work. The Contractor shall furnish all labor, tools, materials, equipment, supplies and supervision necessary to accomplish herbicide application to control vegetation in identified areas. Spraying will be controlled so that trees (outside the spraying area), shrubs, flower beds, water, food and etc. are not damaged or contaminated by either the actual spraying/application, drift or runoff and in such a manner that shadowing around objects will not occur. A bio-degradable marker dye is required with all sprayings/applications. The Contractor shall so control all their operations during the performance of the work as to insure the completed work meets all of the requirements of the specifications. All contracted tasks must be completed during the scheduled application period unless otherwise specified herein or authorized in advance by the Contracting Officer, or his/her authorized representative.

1.3 Period of Performance. The period of performance shall be for one (1) Base Offer and four (4) Option Periods.

The Period of Performance reads as follows:

Base Year: 30 April 2018 through 14 September 2018

Option 1: 29 April 2019 through 20 September 2019

Option 2: 27 April 2020 through 18 September 2020

Option 3: 26 April 2021 through 17 September 2021

Option 4: 25 April 2022 through 16 September 2022

*Note: The Contractor is not required to perform any services during the inactive period of performance.

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. At least two (2) individuals are required to perform the services stated in this PWS. All contractor personnel shall maintain a neat and clean appearance and shall wear clothing marked with the identifying name of the employee and the contractor, or a company ID will be displayed on the outside of the clothing. Contractor personnel may be required to wear government supplied identification. All contractor vehicles shall be registered, licensed, and insured to meet all State and local laws. The contractor employees shall be skilled in and capable of performing the work under this contract. All employees of the contractor 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

1.5.1 The contractor shall designate, in writing, a member of each work crew who shall serve as the contact for matters involving quality and performance or nonperformance of the required work assigned to that crew. The employee(s) shall be qualified and fully competent with full authority to act for, and on behalf of, the contractor as necessary to insure that the required work is performed in accordance with the specifications and standards contained herein. The contractor shall furnish the above written designation to the Contracting Officer’s Representative (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 Contracting Officer reserves the right to disapprove any individual whom he considers incompetent to perform the work required. The Contracting Officer will provide a written notice of any disapproval to the contractor.

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 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 of a validated customer complaint or corrective action report, the COR will notify the contractor that they are required to re-perform specific services. Upon notification, the contractor shall re-perform services within eight (8) hours or by the following day, if notification does not allow sufficient time to complete services during normal business hours. 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 or (2) make a determination to not exercise any future option periods on the contract.

1.7 Hours of Operation. The contractor is responsible for conducting business between the hours of 6:30 a.m. thru 9:00 p.m. Central Time Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

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

1.8 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 chemicals to be 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. The contractor shall ensure all keys issued by the government are not lost, stolen, duplicated, or used by unauthorized persons.

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

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

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

1.12 Antiterrorism/Operation Security Requirements.

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

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

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

1.13 Payment

1.13.1 The government will make payment monthly, 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.

2.0 Definitions. The following definitions and descriptions apply wherever the word(s) or phrase(s) is/are stated in this PWS:

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

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

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

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

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

3.0 Government Furnished Items and Services

3.1 Services. N/A

3.2 Facilities. N/A

3.3 Utilities. N/A

3.4 Equipment. N/A

3.5 Materials. N/A

4.0 Contractor Furnished Items and Responsibilities

4.1 General. The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS. The contractor is responsible for water needed to perform spraying services.

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

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

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

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

4.3.1 All equipment shall be of suitable size and type for the intended use and shall meet or exceed all current federal, state, and local safety requirements.

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

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

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

5.0 Specific Tasks

5.1. Basic Services. The contractor shall provide services for Total Vegetative Control

5.2. GENERAL. The Contractor shall provide complete herbicide application services for control kill of vegetation in designated areas as outlined in this contract. Areas to be sprayed include: camp pads, impact sites adjacent to camp pads, parking lots, fence lines, storage areas, substations, electrical towers pads, vault toilet areas, rip rap, along guardrails, beaches, roads, sewage lagoons and curb/pavement cracks. Areas adjacent to or exposed to (i.e. rip rap and boat ramp areas) shall be sprayed using a product to control vegetation around water. Areas that are not adjacent to the water (i.e. parking lots, guardrail, sidewalks) shall be sprayed with a product such as Pramitol 25E or equivalent to inhibit plant growth for a year or more. Areas with playground equipment or other high use public areas shall be sprayed with a product that is safe to be sprayed around the public. The Contractor shall also provide complete prairie dog treatment/extermination to designated area as outlined in this contract. All areas are on Federal Property managed by the U.S. Army Corps of Engineers.

5.2.1 Total Vegetation Treatment Application Phases. The services to be furnished under this contract shall be provided in two phases; an initial application and a follow-up application. The contractor shall NOT start spraying until notification and meeting with the COR. It shall be the contractor's responsibility to start and provide a continuous spraying operation from day to day, weather permitting, until completion of the spraying phase within the allotted timeframe. Because of the possible close proximity of the areas to considerable human activity, the contractor is to avoid contact with the public and work force with either spray or drift.

5.2.1.1 Initial application shall consist of complete coverage/spraying and control of vegetation in identified areas.

The initial application shall begin at the request of the COR and the contractor will work without interruption so long as the weather and conditions are favorable for application.

5.2.1.2 Follow-up application shall consist of a total reapplication of herbicide to all areas covered under this contract. The follow-up application shall be at the request of the COR and shall be 30-60 days following the initial application.

5.2.1.3 The contractor shall spray the following areas for both the initial and follow-up application to maintain vegetative control:

Acres North Shore Recreation Area Map 1 Boat ramp parking lot shoulder area 0.11 Handicap vault toilet and boat ramp parking lot 0.10 East parking lot 0.75

Map 2 North Shore Beach Area Beach Sand Area 0.83 Beach Sand Playground Area 0.15 Beach Road Rip-Rap 0.25 Parking Lot curb and crack treatment 0.69 Dugout/Bleacher Area 0.07 Comfort Station Curb/Crack Treatment 0.05 Ball Field Fence 0.02 Volleyball Court and guardrail 0.14 North Shore Road guardrail 0.14 Sedimentation pond and fence 0.82

Old Fort Thompson Recreation Area Map 3

Rip-rap – Spillway to the bridge at Old Fort Thompson 2.40 Dump Station - Curb/crack treatment 0.02 Guard Posts 0.05

Old Fort Thompson Recreation Area Map 4 Comfort Station Curb/Crack Treatment 0.02 Playground Units 0.10 Rip-rap from bridge to boat ramp 3.00

Left Tailrace Recreation Area – Map 5 Rip-rap – Powerhouse to Campsite #12 7.58 Sewage Lagoon:

Perimeter of fence and inside the fence treatment 2.50 Rip-rap around the outside of the lagoon 0.76 Curb/Crack Treatment for the following:

Boat Ramp Parking Lot Tenting Area Parking Lot Powerhouse Parking Lot Dump Station Shoulder Treatment for Road Left Tailrace Campground driving lanes and camp pads 9.34 Playground Areas 0.18 Campground Comfort Station Curb/Crack Treatment 0.10

Right Tailrace Recreation Area – Map 6 Rip-rap – Powerhouse to boat ramp dock 3.68 Rip-rap – Handicap Fishing Pier 0.07 Rip-rap- turn around area 0.15 Curb/Crack Treatment south side of road 0.21 Overlook - sidewalk/curb and Parking Lot 0.23 Playground Area 0.05 Security Fence 0.40

Good Solider Recreation Area – Map 7 Rip-rap – South of Powerhouse to boat ramp 1.38 Around Split Rail Fence 0.08 Playground Area 0.05

Powerhouse Area – Map 8 Draft Tube Deck 0.06 Intake Tube Deck 0.07 Government Security Fenced Compound – Turn around/parking area 0.03

Upstream Face of Dam Area – Map 9 Rip-rap – North of Intake to Beach entrance road 12.25 Spillway Overlook 0.01 Highway Guard Rail 0.77

Weather Station Area – South End of Dam – Map 10 Weather Station Road and Compound 0.28

Maintenance Compound Area– Map 11 Gravel lot – north end of compound 1.06

Three smaller compounds on northwest corner of main compound 0.47 Curb/Crack treatment within compound 1.50 Chain Link perimeter fence 0.40

Administration Parking Area – Map 12 Parking Lot Curb/Crack treatment 0.03

Downstream of Dam Area – Map 13 Rip-Rap – Dump Station to relief channel on the north 6.37 Tower Island – under towers 0.41

Spillway Dike Area – Map 14 Rip-rap – By boat ramp 1.25 Rip-rap – Road and Downstream Right Spillway to picnic shelter 3.40 Spillway Dike boat ramp curb and crack treatment 0.15 Drainage Ditch 1.45 Spillway turnaround area 0.12 Rock stockpiles 2.00

Radio Tower Area – Map 15 Radio Tower Building perimeter and perimeter fenced area 0.02 Gravel road 0.18

Visitor Center Area – Map 16 Curb/Crack Treatment 0.30

Maintenance Compound Rock Stockpiles – Map 17 Rock stockpiles 2.30

TOTAL SPRAYING PER ONE TREATMENT 71.35 ACRES

5.3 Dandelion and Crab Grass Treatment Application Phases. The services to be furnished under this contract shall be provided in two phases; an initial application and a follow-up application. The contractor shall NOT start spraying until notification and meeting with the COR. It shall be the contractor's responsibility to start and provide a continuous spraying operation from day to day, weather permitting, until completion of the spraying phase within the allotted timeframe. Because of the possible close proximity of the areas to considerable human activity, the contractor is to avoid contact with the public and work force with either spray or drift. A product that is safe around trees and people is required.

5.3.1 Initial application shall consist of complete coverage/spraying and control of vegetation in identified areas.

The initial application shall begin at the request of the COR and the contractor shall work without interruption so long as the weather and conditions are favorable for application.

5.3.2 Follow-up application shall consist of a total reapplication of herbicide to all areas covered under this contract.

The follow-up application shall be at the request of the COR and shall be 30-60 days following the initial application.

5.3.3 The contractor shall be required to spray the following areas for both the initial and follow-up application:

Administration/Outside Maintenance Building Area – Map 20 Acres Dandelion and Crab Grass treatment 9.50

Powerhouse Parking Lot Area – Map 21 Acres Dandelion and Crab Grass treatment .89

Left Tailrace Campground and Day Use Area – Map 22 Acres Dandelion and Crab Grass treatment 22.0

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.

The contractor shall provide a spring pesticide application.

Per paragraph 5.2.1.3

The contractor shall spray all noted species with a minimum of 95% kill rate. In accordance 5.2.1.

ZERO DEVIATION

FROM STANDARD

Periodic Inspection

PRS # 2

The contractor shall provide a fall pesticide application. Per paragraph 5.3.3

The contractor shall spray all noted species with a minimum of 95% kill rate. In accordance with 5.2.2

ZERO DEVIATION

FROM STANDARD

Periodic Inspection

7.0 DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To Invoice Within 10 days of completed work

1 Copy

Paper (hard copy)

US Army Corps of Engineers Attn: Jacki Bultsma 33573 North Shore Road Chamberlain SD 57325 Phone: 605-245-2255 Fax: 605-245-2555

Pesticide Application Records

Same as above 1 Copy Paper (hard copy) Same as above

7.0 Attachments

Attachment – Aerial Maps

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 1000 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination…