W9128F18Q0078.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F18Q0078 20-Jun-2018

b. TELEPHONE NUMBER

402-995-2703

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 20 Jul 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

KATRIENA R VER STRAETE

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

(TYPE OR PRINT)

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

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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 BUSINESS

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 966553 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

COE OPERATIONS DIVISION

JEREMIAH SZYNSKIE

USAED OMAHACENWO-OD

1616 CAPITOL AVE

OMAHA NE 68102-4901

TEL: 402-995-2468 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$7,500,000

NAICS:

115112

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

X

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 OF57

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.

W9128F18Q0078

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS

SOLICITATION INSTRUCTIONS

1. WHO MAY SUBMIT

a. This solicitation is open to small business participation only.

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

c. All proposers, including joint ventures, must be registered in the System for Award Management

(SAM).

NOTE: If you are registering as a new entity in the System for Award Management (SAM) at www.sam.gov to do business with the U.S. Government, a notarized letter stating you are the authorized Entity Administrator is required before your account can be activated in SAM.gov entity registration.

2. INFORMATION PERTAINING TO MANDATORY REGISTRATIONS, CODES, NUMBERS &

REPRESENTATIONS & CERTIFICATIONS:

System for Award Management (SAM):

a. What is SAM?

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

* Central Contractor Registry (SAM)

* Federal Agency Registration (FedReg)

* Online Representations and Certifications Application (ORCA)

* Excluded Parties List System (EPLS)

b. How will SAM benefit me?

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

c. SAM registration is required prior to receiving contract award. If you are not currently registered in

SAM, refer to the website at https://www.sam.gov for information and instructions on how to registerSAM Service Desk:

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

DSN: 809-463-3376

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

3. NAICS Code:

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

4. Dun and Bradstreet Number (DUNS Number):

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

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

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

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

5. OFFEROR’S INFORMATION REQUIRED TO PROCESS AN AWARD:

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

(Should match SAM profile and Block 17a on SF 1449) Point of Contact:

Name_______________________________________ Title________________________________________ Business Phone ______________________________ Cell Phone (if applicable)______________________

E-Mail______________________________________

6. GENERAL REQUIREMENTS

In order to effectively and equitably evaluate all proposals, the Contracting Officer must receive information sufficiently detailed to clearly indicate compliance with the proposal submission requirements.

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

b. Signed and dated amendments (if required).

c. Fill out offeror’s information required to process an award.

d. The following documents necessary to evaluate the factors stated in Evaluation -- Commercial Items

(FAR Clause 52.212-2):

1. Technical

2. Past Performance

3. Price

e. DO NOT put any pricing information in the SF1449. All prices should be put on the Pricing Schedule along with subtotals for each year and the Total Value for All Years at the bottom of the schedule.

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

7. SIZE OF ELECTRONIC PAGE SUBMISSIONS

Unless otherwise stated, the following formatting requirements apply: a page is defined as one 8.5"x 11" size electronic page with 1 inch margins and using a minimum of 10 point Times New Roman font. The font style and size requirements also apply to graphics, art, figures, imported charts, charts, and any other graphical representation that includes text. Any page that exceeds or fails to meet the size, margin, font or total page limit requirements will not be evaluated. Font style and size requirements are not applicable to organization chart, Gantt charts, or drawings (if provided); however, these documents must be legible.

Any form that the Government has provided as an Attachment to be filled out by the offeror shall follow the format of the form.

8. WHERE TO SUBMIT

AMRDEC Submittals

Volume I: Technical and Past Performance Information

Volume II: Price Title the single files in the following format:

W9128F18Q0078_Company Name Volume I Technical Proposal W9128F18Q0078_Company Name_Volume_II_ Price

(Note: Company name may be abbreviated)

To submit proposals electronically via AMRDEC SAFE, go to the following website:

https://safe.amrdec.army.mil/SAFE/ at the AMRDEC SAFE website select “Non-CAC Users” in order to register, access the site and submit your proposal(s). When completing the information for transmittal at the AMRDEC SAFE website, you will be asked to enter e-mail addresses for the recipients. When your proposal is submitted via the AMRDEC SAFE website, the website will provide notification of the submittal to the recipients. For this solicitation, the recipients will be:

Tracie Evans, Tracie.L.Evans@usace.army.mil AND Kitty Ver Straete, Katriena.R.VerStraete@usace.army.mil

After submitting your information, you will receive two (2) disclaimers:

“The files were successfully uploaded.”

“Your files cannot be downloaded by recipients until you verify your email address. Please check your email for further instructions.”

***OFFERORS MUST FOLLOW THE INSTRUCTIONS SENT TO YOUR EMAIL TO

COMPLETE THE SUBMITTAL PROCESS***

For the purposes of determining whether the proposal was received “late” in accordance with FAR 15.208, the date and time the file(s) are uploaded into the AMRDEC SAFE website as identified in the AMRDEC e-mail sent to the Contract Specialist(s)/Contracting Officer will be the time and date the Government received the proposal. Please note that the process involves two steps, after the proposal has been uploaded to the AMRDEC SAFE website the Offeror must verify its email address in order for the Government to receive access to the proposal uploaded onto the AMRDEC SAFE website. Do not assume that electronic communication is instantaneous. Please make allowances for delays in transmittal.

NOTE: ONLY in the unusual case that the AMRDEC website is “down” (not operational); the Offeror should email their proposal to the following individuals prior to the proposal due date and time:

Tracie Evans whose email address is Tracie.L.Evans@usace.army.mil, and Kitty Ver Straete whose e-mail address is Katriena.R.VerStraete@usace.army.mil.

9. State and Local Taxes:

The U.S. Army Corps of Engineers is exempt from paying state and local taxes per Title 4 United States Code 104-107. The U.S. Army Corps of Engineers Tax ID Number is 62-1642142.

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

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

For information concerning the taxes contact: Sales and Use Tax Division, Capital Lake Plaza, Pierre, SouthDakota. Telephone 605-773-3311.

10. Payments:

Payments will President's Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

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

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

11. Federal Legal Holidays:

The following Federal legal holidays are observed by this installation:

New Year's Day 1 January Martin Luther King's Birthday Third Monday in January

12. Insurance Required (Local Provision):

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

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

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

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

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

Type Amount Aircraft Public and Passenger Liability Insurance $200,000 per person Bodily Injury (other than passenger injury) $500,000 per occurrence Property Damage 200,000 per occurrence Passenger Liability Bodily Injury

$200,000 multiplied by the umber of seats or passengers, whichever is greater

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

13. OMBUDSMAN

Task and Delivery Order Ombudsman. IAW FAR 16.505(B)(6) referring to FAR Part 16 “Ordering”. The head of the agency has designated a task-order contract and delivery-order contract ombudsman. The ombudsman must review complaints from contractors and ensure they are afforded a fair opportunity to be considered consistent with the procedures in the contract. The ombudsman is a senior agency official who is independent of the contracting officer and may be the agency’s competition advocate.

Deputy Director of Contracting U.S. Army Corps of Engineers ATTN: Paige H. Blechinger 441 G Street NW

Washington, DC 20314-1000

14. AWARD TO SUCCESSFUL OFFEROR

a. A written notice of award or acceptance of an offer 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.

b. The resulting contract award will be a single award task order contract (SATOC). The maximum total amount of orders placed under the contract will not exceed $1,800,000.00. The ordering period will begin on the award date through 5 years from date of contract award.

c. The minimum quantity and order value for each Task Order issued shall not be less than the minimum order value stated below. The maximum order value for each Task Order issued shall not exceed the maximum order value stated below:

d. Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO) or an Administrative

Contracting Officer (ACO)), acting within their appointed limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed with the change and shall immediately notify the Contracting Officer. Proceeding with any work not authorized by the Contracting Officer will be at the Contractor’s own risk.

Note: Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.”

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

AERIAL VEGETATION CONTROL SPRAYING BY HELICOPTER

US ARMY CORPS OF ENGINEERS

NORTH DAKOTA, SOUTH DAKOTA AND NEBRASKA

PART 1

General Information

1. GENERAL: This is a Indefinite Delivery/Indefinite Quantity (ID/IQ) Firm-Fixed-Price Single Award Task Order (SATOC) to provide all labor, supervision, certain equipment/supplies, and transportation to provide aerial vegetation control spraying for the US Army Corps of Engineers (USACE).

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform aerial vegetation spraying via helicopter for the USACE as defined in this Performance Work Statement (PWS). The contractor shall perform to the standards in this contract.

1.2 Background: This requirement requires a licensed helicopter pilot and herbicide applicator to provide aerial vegetation spraying to Missouri River sandbars in North Dakota, South Dakota and Nebraska. Sites may include Missouri River segments below Garrison Dam, Ft. Randall Dam and Gavins Point Dam, as well as the upstream portion of Oahe Reservoir and the vegetated delta of Lewis & Clark Lake.

1.3 Objectives: Our primary goal is to effectively control vegetation on Missouri River sandbars in North Dakota, South Dakota and Nebraska without damaging nearby vegetation.

1.4 Scope: The Contractor shall provide all labor, tools, transportation, materials, and equipment necessary to control vegetation on sandbars as outlined in Part 5.0 Specific Tasks and described here in the PWS. Services include spraying all vegetation with specified aquatic-labeled herbicides via helicopter at designated sandbars without damaging non-target areas. The contractor shall follow all label instructions for mixing and applying all herbicides (including the addition of any adjuvants). All spray equipment shall be properly calibrated prior to spraying. All vegetation control operations shall be conducted in a safe and professional manner.

1.5 General Information

1.5.1 Place of Performance: Task Orders associated with this contract may be issued for the following locations:

a. On the Missouri River in North Dakota from Garrison Dam to Canon Ball, ND including portions of Lake Oahe.

b. On the Missouri River in South Dakota and Nebraska from Fort Randall Dam to Ponca State Park near Ponca, NE including Lewis and Clark Lake..

1.5.2 Period of Performance: The period of performance shall be for one (1) year 12 month base period and four (4) 12 month option periods. The period of performance reads as following:

Base Year: 01 August 2018 to 31 July 2019

Option Year 1: 01 August 2019 to 31 July 2020 Option Year 2: 01 August 2020 to 31 July 2021 Option Year 3: 01 August 2021 to 31 July 2022 Option Year 4: 01 August 2022 to 31 July 2023

Note: The period of performance for spraying operations will be determined by individual Task Orders, but will generally occur between late August and early October each year. Task Orders may be issued against this contract for a period of 5 years from date of award or when the maximum contract ceiling value is reached, whichever occurs first.

1.5.3 Hours of Operations: The Contractor is responsible for conducting business, between sunrise and sunset, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Work on weekends must be approved by the COR.

1.5.4 Recognized Holidays: The contractor shall not perform services on recognized Federal Holidays, unless authorized within specific Task Orders or approved by the Contracting Officer’s Representative (COR).

1.5.5 Payments:

The government will make payment as specified in the individual task orders, after the government has inspected and accepted the services, 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.

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

1.5.6 Contracting Officer’s Representative (COR): The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract/task orders: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR authority, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.5.7 Post Contract/TO Award/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officers Representative, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance and/or performance requirements. At these meetings the contracting officer or COR will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

These meetings shall be at no additional cost to the government.

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

1.5.9 Quality Control: The quality of all work shall be the responsibility of the Contractor. 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 they assure themselves that their work complies with the requirements of the contract. The contractor shall designate, in writing, an employee who shall serve as the contact for matters involving quality and performance or nonperformance of the required work.

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 before work begins. The contractor shall include the name(s), address(es), and telephone number(s) of the responsible individual(s).

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

1.5.10.1 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. The COR or a Government Representative at the COR request will be allowed to obtain a sample of the chemical being used for testing at any time or place when the Contractor is on Government property. If the Contractor is found to be using a chemical off-label or a chemical not approved for use by the Contracting Officer (KO), the agreement may be terminated and the Contractor shall be held liable for any damages and pay for the completion of the agreement by a different source.

1.5.10.2 The Contractor shall be responsible to perform only that work specified within the scope of this PWS executed by a valid Task Order, 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 with actual spraying activities or supervision of the Contractor's personnel.

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

1.5.10.4 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. Specifics relating to the requirements to re-preform services within a specified period of time and notification process will be addressed at the task order level.

1.5.10.5 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

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

1.5.11 The Government reserves the right to inspect all reports/results called for by the contract, to the extent practicable.

1.5.12 Compliance with Laws and Regulations: The Contractor shall comply with all laws, ordinances, statutes and regulations, pertaining to the services specified herein.

1.5.12.1 National Pollutant Discharge Elimination System (NPDES) permits: The states issue Pesticide General Permits (PGPs) to comply with NPDES requirements of Section 402 of the Clean Water Act.

a. The government will obtain required NPDES permits for herbicide application in the States of North Dakota and Nebraska.

b. The contractor shall obtain the required NPDES permit for herbicide application in the State of South Dakota.

1.5.13 Compliance with Pesticide Application Regulations: The Contractor shall comply with all pesticide application laws and regulations, including but not limited to all Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) provisions, National Pollutant Discharge Elimination System (NPDES) regulations, and herbicide label guidelines.

1.5.13.1 Pesticide Application Documentation and Recordkeeping: A Pesticide Application Record (PAR) must be completed daily on-site for each application and submitted to the COR within 10 days of the application.

1.5.13.2 Commercial Pesticide Applicators Licenses. The Contractor will provide the COR with the pesticide applicator license number and certification categories for each employee that will apply herbicides. The Contractor shall submit pesticide applicator information to the COR prior to commencing work on each TO.

1.5.13.3 Additional Requirements: The Contractor is responsible for ensuring: 1) all personnel involved with the application of chemicals possess and maintain a valid commercial applicator license with the appropriate pesticide certification classification(s) during the period(s) of performance of this agreement, 2) all pilots operating aircraft maintain the required qualifications, licenses, and certifications for aircraft employed in herbicide application operations, 3) all personnel involved with the application of chemicals have the ability to correctly identify all target species at all growth stages, 4) all personnel involved with the operation of vehicles on public roadways possess and maintain a valid United States issued operator license during the period(s) of performance of this contract, 5) all vehicles and equipment operated on public roadways are legally registered, licensed, and insured to do so and meet all State and local laws, and 6) all personnel are trained and have working knowledge of the specific vehicles/equipment they will operate and tasks they are directed to perform.

1.5.14 E-verify: 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.

1.5.15 Security Requirements: The Contractor shall comply with all pertinent provisions of the Federal, State, and local regulations as stated in the applicable Safety & Health Requirements Manual per EM 385-1-1. EM 385-1-1 (available online at http://www.usace.army.mil/CESO/Pages/EM_385_1_1._aspx and shall take or cause to be taken such additional measures as the CO may determine to be reasonable and necessary for the purpose.

1.5.16 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use.

1.5.17 Environmental Protection: The Contractor shall perform all work in such a manner as to minimize the polluting of air, water, or land, and shall, within reasonable limits, control noise and the disposal of solid waste materials, as well as other pollutants.

1.5.17.1 Protection of Resources: The Contractor shall not pollute rivers, ponds, or other water bodies with fuels, oils, herbicides or other harmful materials. The Contractor shall investigate and comply with all applicable Federal, State, County and Municipal laws concerning pollution of rivers and streams.

1.5.17.1.1 Spillage: Special measures shall be taken to prevent herbicides and other chemicals from entering public waters. If any spillage occurs, the Contractor shall remove the material and restore the area to the original condition before being contaminated. If necessary, contaminated ground shall be excavated and disposed of as directed by the Contracting Officer, and replaced with suitable fill material, compacted and finished with topsoil and planted as required to reestablish vegetation all at the expense of the Contractor.

1.5.17.1.1.1 Notification of Chemical Spills, Damage, or Injury: Inadvertent spills on land and/or water are outside of NPDES and CERCLA exemptions and are therefore reportable. Pesticide spills on land shall be reported to the USACE COR and the State office with regulatory jurisdiction. Pesticide spills on the waters of the United States shall immediately be reported to the National Response Center, the COR, and the State office with regulatory jurisdiction. In the event of a chemical spill, the Contractor shall adhere to the three C’s (Control, Contain, and Clean up) to the best of their ability and within their level of safety:

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

b) Contain the Spill (if possible).

c) Cleanup (follow correct procedures for size of spill & chemical type).

1.5.17.1.2 Disposal: Disposal of all materials shall be at the appropriate locations as directed by the COR. Disposal of any materials, wastes, effluent, trash, garbage, oil, grease, chemicals, etc., in areas adjacent to streams shall not be permitted. If any waste material is dumped in unauthorized areas, the Contractor shall remove the material and restore the area to the original condition before being disturbed. If necessary, contaminated ground shall be excavated and disposed of as directed by the Contracting Officer, and replaced with suitable fill material, compacted and finished with topsoil and planted as required to reestablish vegetation all at the expense of the Contractor.

1.5.17.2 Protection of Non-Target Species: The Contractor shall not deface, injure, or destroy non-target trees and shrubs. Care shall be exercised at all times by the Contractor to minimize damage to non-target species from the required activities.

1.5.17.3 Protection of Fish and Wildlife: The Contractor shall at all times perform work in such a way that minimizes interference with or disturbance to fish and wildlife.

1.5.17.4 Protection of Crops: The Contractor shall not damage any crops adjacent to work areas.

1.5.18 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.5.19 Phase In/Phase Out Period: N/A

1.5.20 Service Contract Act: Applicable Service Contract Act determination will be identified within each Task Order proposal request.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

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

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

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

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

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

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

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

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

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

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

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

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

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

2.2. ACRONYMS:

A-B-C Fire Extinguisher Classification ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AHA Activity Hazard Analysis AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense EFT Electronic Funds Transfer EM Engineer Manual EPA Environmental Protection Agency FAR Federal Acquisition Regulation FIFRA Federal Insecticide, Fungicide, and Rodenticide Act FPCON Force Protection Condition GPS Global Positioning System GR Government Representative HIPAA Health Insurance Portability and Accountability Act of 1996 HQDA Headquarters, Department of the Army IDIQ Indefinite Delivery Indefinite Quantity KO Contracting Officer NPDES National Pollutant Discharge Elimination System OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PAR Pesticide Application Record PGP Pesticide General Permit PIPO Phase In/Phase Out PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program SATOC Single Award Task Order Contract TE Technical Exhibit USACE U.S. Army Corps of Engineers

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: N/A

3.2 Facilities: The government will not furnish any facilities to the contractor.

3.3 Utilities: The government will not furnish any utilities to the contractor.

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

3.5 Information: A map and shapefile delineating spray sites will be provided to the contractor prior to performing work.

3.6 Materials: The government will furnish upon request 1) Code of Federal Regulations, Title 36 Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects pamphlet, 2) USACE Manual EM 385-1-1 entitled “Safety and Health Requirements Manual”, (electronic version); 3) initial hard-copy PAR form (an electronic fillable copy is available upon request), 4) local emergency telephone numbers, and 5) enlarged vicinity maps/aerial photographs of work areas (at task order level)

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

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

4.2. Secret Facility Clearance: N/A

4.3. Utilities: The Contractor shall furnish their own municipal water source for tank mixing purposes. The Contractor is not authorized to utilize non-potable water from the Missouri River or water sources located within USACE lands for any purpose when conducting chemical application services.

4.4. Materials: The Contractor shall furnish all necessary materials, such as but not limited to, chemicals, insurance, permits, licenses, work plan, accident prevention plan, quality control, completed PAR forms, invoices, etc. to complete the requirements of this PWS.

4.5. Equipment: The Contractor shall furnish all necessary equipment, such as but not limited to, vehicles, spraying equipment, GPS unit, required safety equipment, etc. to complete the requirements of this PWS.

4.5.1 Spraying Equipment: Chemical application shall be accomplished by the use of helicopter with micro-foil booms or equivalent.

4.5.1.2 Equipment Storage: It is the Contractor’s responsibility to secure their personal property during working and non-working hours. The Government will not be held liable for damaged, lost, stolen, or vandalized property.

4.5.2 GPS Unit: The Contractor may need to navigate to work areas using aerial maps and/or GPS coordinates. To accurately provide GPS data the Contractor’s GPS unit shall be commercial grade and will need to be ArcGIS compatible and/or Google Earth compatible. The contractor will need to provide shapefiles and/or a kmz file for areas that were sprayed for payment verification.

PART 5

SPECIFIC TASKS

5. SPECIFIED TASKS:

5.1. Basic Services: The Contractor shall provide services to chemically control target vegetation without damaging nearby vegetation. Areas that are to be sprayed will be identified at the task order level with aerial map with general locations of target vegetation.

5.2 Pre-Inspection of Work Sites. It is the prospective Contractor’s responsibility to inspect the sites where services are to be performed to satisfy themselves as to all general and local conditions that may affect the cost of performance of the agreement. Aerial photographs will be made available for review by the requesting USACE Project. The prospective bidder shall base their bid on their personal site visit/field assessments, rather than from any maps, aerial photos, or estimates that may be furnished by the Government as background/orientation information.

In no event will a failure to inspect the sites constitute grounds for cancellation of the task order after issuance. Site visits can be scheduled with the COR at identified in the contract/task order.

5.3 Type and Rates of Chemicals to be applied: Only those EPA registered chemicals approved for aquatic use in the States of North Dakota/South Dakota/Nebraska shall be applied. The location and estimated acreage of specific work areas shall be included with each Task Order at the time of issuance. The contractor shall apply the manufacturer-specified maximum mixture rate of herbicide for aerial applications – i.e., 7 pints of glyphosate and 6 pints of imazapyr mix per acre at an application rate of 5 gallons mix per acre to control vegetation. Adjuvants (surfactant, plus a drift retardant as needed to control spray drift) will be added per label directions to the mix; all adjuvants must be certified for aquatic use. The surfactant will consist of a non-ionic surfactant (NIS) with at least 80% active ingredient, and mixed at 0.25% v/v (one quart per 100 gallons mix) or a methylated seed oil (MSO) that works well with glyphosate. A drift retardant is optional per Contractor’s preference. The contractor shall be responsible to limiting application to target vegetation only.

5.4 Weather Conditions: The Contractor shall identify weather conditions before beginning any herbicide application, and continue to monitor weather conditions throughout the course of the application. Manufacturer's label directions and warnings relative to temperature, wind, or other weather conditions shall be strictly adhered to.

The Contractor shall immediately stop applying herbicides if weather conditions begin to adversely impact the application. Herbicide applications shall not take place when precipitation is expected before the herbicide formulation is rain-fast. If treatment is followed by rain before the application is rain-fast as specified in the herbicide label, the area shall be retreated at the Contractor's expense. Care shall be exercised at all times by the Contractor to protect desirable (non-target) species from damage by the required chemical applications.

5.5 Notification: The Contractor shall notify the COR by telephone no later than two working days prior to treatment. This will allow the COR to be on site as needed.

5.6 Task Orders: The Contractor shall complete each Task Order within the time specified in the Task Order.

Requests for an extension must include a detailed explanation of why the task order could not be completed within the allotted timeframe and must be submitted in writing to the COR. Approval of extensions will be at the discretion of the KO. If there is any confusion by the Contractor with regard to the Task Order, the Contractor must immediately contact the COR to clarify the areas to be treated. The Contractor shall mobilize within 48 hours of notification by the Government. The Contractor is responsible for determining spraying conditions due to factors such as weather prior to mobilization to the site. Site inspections can be arranged by contacting the COR.

5.7 Submittals:

The contractor shall submit names (trade names and equivalents) for all herbicides and adjuvants that will be used no later than five calendar days prior to the start of application. Contractor shall supply all herbicides and adjuvants.

Herbicides must include:

1) the aquatic formulation of glyphosate {53.8% N-(phosphonomethyl)glycine in the form of isopropylamine salt} as found in Rodeo® or equivalent, and

2) the aquatic formulation of imazapyr {27-29% active ingredient Isopropylamine salt of Imazapyr: 2-[4,5-dihydro-4-methyl-4-(1-methylethyl)-5-oxo-1H-imidazol-2-yl]-3-pryidinecarboxylic acid; equivalent to 22.6% 2-[4,5-dyhydro-4-methyl-4-(1-methylethyl)-5-oxo-1H-imidazol-2-yl]-3-pyridinecarboxylic acid or 2 pounds acid per gallon} as found in Habitat® or equivalent.

Adjuvants must include:

1) a penetrating surfactant composed of either a methylated seed oil (MSO) or a non-ionic surfactant (NIS) and approved for aquatic use. This surfactant MUST be compatible with both imazapyr and glyphosate.

An example of a compatible MSO is Destiny HC® MSO, and an example of a compatible NIS is LI700®.

2) a drift retardant approved for aquatic use must be used as needed. Examples include trade names Interlock® and Grounded®.

Other adjuvants may be used at the discretion of the contractor; however, they must be approved for aquatic use.

Glyphosate product = ____________________________________________________________________ Imazapyr product = ______________________________________________________________________ MSO product = _________________________________________________________________________ NIS product = __________________________________________________________________________ Drift retardant = ________________________________________________________________________ Other adjuvants = _______________________________________________________________________

5.8 Spraying Activities: The Contractor shall NOT start spraying until issuance of a task order. 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 contracted work within the allotted time frame. The potential exists for work areas to be in close proximity to areas of human activity. The Contractor is to avoid contact with the public, work force, livestock, and crops with either spray or drift.