W9128F19Q0066_Solicitation_Draft.docx

W9128F19Q0066

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO QUOTERS

Instructions to Quoters

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.

Contract Type: Single Award Task Order Contract. All delivery orders will be firm-fixed price (FFP).

SATOC shall include a minimum guarantee in the amount of $2,500.00 (to include all option years). After issuance of first task order this minimum guarantee will be removed. Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.

Submission of Quotations: Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Only Electronic submissions of quotes will be accepted.

Send completed quotation to Daniel Monahan daniel.d.monahan@usace.army.mil

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:

INFORMATION PERTAINING TO MANDATORY REGISTRATIONS, CODES, NUMBERS & REPRESENTATIONS & CERTIFICATIONS:

System for Award Management (SAM):

What is SAM?

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

* Central Contractor Registry (SAM)

* Federal Agency Registration (FedReg)

* Online Representations and Certifications Application (ORCA)

* Excluded Parties List System (EPLS)

How will SAM benefit me?

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

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

SAM Service Desk:

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

DSN: 809-463-3376

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

(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.

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:

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

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

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.

BID SCHEDULE

LABOR & MATERIAL COST SCHEDULE

*An Excel version of the following tables will be available as an attachment to FBO advertisement.

(2019)

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(2019)

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CHEMICAL

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(2019)

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(2021)

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PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

VEGETATION MANAGEMENT- MASTICATING, TREE FELLING AND PESTICIDE APPLICATION SPRAYING

U.S. ARMY CORPS OF ENGINEERS MONTANA

PART 1

General Information

1. GENERAL: This is an Indefinite Delivery/Requirements Services contract to provide all labor, supervision, certain equipment/supplies, and transportation to provide vegetation management and pesticide application to control invasive/undesirable species for the U.S. Army Corps of Engineers (USACE).

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, pesticides, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform vegetation management and pesticide application to control invasive/undesirable species as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: Approximately 390,000 acres of federal land is administered by the USACE Fort Peck Project. Said land starts near Fred Robinson Bridge, Fergus County, MT at river mile 1931.7 and continues downstream along both riverbanks (including shoreline) of Fort Peck Lake (in Fergus, Petroleum, Garfield, Phillips, McCone, and Valley Counties) to approximately Nelson Dredge Recreation Area, river mile 1766. Vegetation management and invasive/undesirable species control are a component of our environmental stewardship responsibilities.

1.3 Objectives: Our primary goal is to implement integrated vegetation management practices to effectively manage vegetation and control invasive/undesirable species within the USACE managed areas in Montana with minimal impact or damage to desirable species.

1.4 Scope: The Contractor shall perform integrated vegetation management services on federal land administered by the USACE Fort Peck Project. Services include 1) surveying and mapping vegetation for species identified in this PWS 2) chemically controlling invasive/undesirable species via appropriate chemical application 3) documenting chemical applications via pesticide application records (PAR) 4) collecting spatial and tabular data of the species treated/surveyed using Global Positioning System (GPS) hardware and software 5) tree felling via chainsaw and 6) masticating woody species. The contractor will provide all labor, tools, transportation, materials, and equipment necessary to manage vegetation as outlined by specific tasks issued by separately priced Task Orders (TOs).

1.5 Period of Performance: The period of performance for this IDIQ contract shall be for five (5) years from date of award consisting of a three (3) year base and a two (2) year option ordering period. Depending on seasonal weather patterns, the spraying season typically lasts for six (6) to ten (10) months per year (May through February).

1.6 Place of Performance: The work to be performed under this contract consist of approximately 390,000 acres of federal land that is administered by the USACE Fort Peck Project Fort Peck, Montana.

1.7 Weekends and Federal Holidays: The contractor is not allowed to perform services on weekends or federal holidays (Memorial Day, Independence Day, Labor Day, and Columbus Day) without prior authorization from the Contracting Officer Representative (COR).

1.8 Hours of Operation: Without prior authorization from the COR, the contractor is responsible for performing services in this PWS sunrise to sunset Monday through Friday, except on federal holidays or when the government facility is closed due to local or national emergencies, administrative closings, or similar government directed facility closings. For time and materials price contracts, the contractor will be required to work during hours identified in the TOs. 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.

1.9 Type of Contract: The government will award an Indefinite Delivery/Requirements Services (IDIQ) service contract based upon the three (3) evaluation factors listed below. All evaluation factors other than cost or price, when combined, are approximately equal to cost or price. A requirements contract provides for filling all actual purchase requirements of designated Government activities for supplies or services during a specified contract period (from contract holder(s)), with deliveries or performance to be scheduled by placing orders with the contractor. Task orders issued under this contract will be firm fixed price (FFP) or time and materials (TM).

1.10 Past Performance Factor: Contractor shall provide three (3) completed Form PPQ-0 Past Performance Questionnaires (see Attachment 1/Technical Exhibit 1) from customers with whom the contractor has completed chemical application activities of similar size and scope to this contract within the past five (5) years.

1.10.1 Technical Factor: Contractor shall provide: 1) a list of current equipment and staffing proposed to be used on this contract, and 2) written summaries of three (3) previous job experiences completed within the last five (5) years that are similar in size and scope to this contract.

1.10.2 Cost Factor: Contractor shall provide legible bid prices for all line items on the bid sheet.

1.10.3 Contract/Task Order Limitation: The dollar threshold for each task orders to be placed against this contract is $150,000. The contract limit over the three year period of performance shall not exceed $1,500,000.00. IAW FAR Clause 52.219-14, Limitation of Subcontracting, the Offeror agrees that in performance of the contract at least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

1.11 Payments and Invoicing: The Contractor may submit one (1) itemized invoice per task order for payment or an invoice monthly upon completion of each task order. The Contractor shall only be reimbursed for chemicals used and actual acres/hours sprayed as recorded on the submitted pesticide application record (PAR) forms. Each invoice shall be mailed to the COR and shall include the following information: Contractor's name and address exactly as it appears in Block 17a of SF Form 1449, contract number, task order number, itemized line items and their associated quantities and costs and date. Payment will be made after satisfactory completion, inspection, and acceptance by the COR of all agreement work performed, upon presentation to the Disbursing Officer of an invoice covering the services rendered. Payment is generally received 4-6 weeks after submittal of a complete invoice. Payment will be made via Electronic Funds Transfer (EFT). All Government furnished materials are required to be returned to the COR before the final invoice will be accepted for payment per task order.

1.12 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to ensure contract standards are met. Records of quality inspections shall be kept and made available to the Government throughout the performance period and for the period after contract completion until final settlement of any claims under this contract.

A description of the site specific quality control inspection plan shall be provided within thirty (30) days of contract award. The details of the contractor’s quality control program shall be outlined and described in a quality control plan. The quality control plan shall be submitted at the pre-work meeting. The plan shall include the following: (1) control procedures for security of Government- provided items such as keys, and lock combinations, (2) location of the inspection documents, (3) corrective or preventive actions that will be taken to meet quality standards and (4) a customer comments feedback system.

1.13 Quality Assurance: The government will evaluate the contractor’s performance under this contract in accordance with Part 4 of this PWS. The evaluation is primarily focused on what the government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). The COR will be allowed at any time or place the contractor is on government property, to obtain a sample of the chemical for testing. If the contractor is found to be using a chemical off-label or a chemical not approved for use by the contracting officer (KO), the agreement will be terminated and the contractor shall be held liable for any damages and pay for the completion of the agreement by a different source. The COR will be allowed to observe and photograph all work activities conducted in performance of this PWS. The COR may inspect the work as the agreement progresses. The contractor will not be paid for any work performed that is deemed defective to the COR. Any defective service(s) noted by the COR shall be corrected at no additional cost to the government. The contractor shall be responsible to perform only that work specified within the PWS, and shall receive no compensation for any work performed that is not specified within the PWS. No government personnel will be allowed to assist the contractor with actual spraying activities or supervision of the contractor's personnel.

1.13.1 Quality Assurance Surveillance Plan (QASP): A QASP will be used 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).

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

1.14 Post Award Conference, Periodic Progress Meetings, & Coordination: The contractor shall attend any post award conference and progress meetings convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The COR and other government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the 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. The contractor shall maintain daily coordination with the COR during the work week throughout the period of performance. The meetings and daily coordination shall be at no additional cost to the government.

1.15 Government Contracting Officer Representative (COR): The COR monitors all technical aspects by quality assurance (QA) 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; 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 KO 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, 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. The COR for this contract is Patricia Gilbert at 406-526-3411, extension 4278.

1.16 Security Requirements: All Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by Department of Defense (DOD), Headquarters, Department of the Army (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.

1.16.1 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property furnished for contractor use. The contractor shall be responsible for locking access/security gates behind him immediately upon ingress/egress. The contractor shall be responsible for notifying (via phone) the on-duty control room operator for every arrival and departure from the power- house proper. The contractor shall not enter or exit the premises prior to making contact with a “live” operator. At the close of each work period, government facilities (access/security gates) shall be secured.

1.16.2 Key Control: No keys will be issued for this contract.

1.16.3 Lock Combinations: N/A

1.17 Additional Requirements: The contractor is responsible for ensuring 1) all personnel are a minimum of eighteen (18) years of age, 2) all personnel involved with the application of chemicals possess and maintain a valid State of Montana commercial applicator license with category (21) Aerial, (34) Ornamental and Turf Pest, (36) Aquatic and (37) Right of Way and Range during the period(s) of performance of this contract, 3) 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, 4) all vehicles and equipment operated on public roadways are legally registered, licensed, and insured to do so and meet all State and local laws, 5) all vessels operated on public waters are legally registered, licensed, and insured to do so and meet all State and local laws, 6) all personnel are trained and have working knowledge of the specific vehicles/equipment they will operate and tasks they are directed to perform, and 7) all personnel conduct themselves in a professional manner during performance of the work required 8) all personnel involved with the application of chemicals have the ability to correctly identify all target species at all growth stages.

1.17.1 Qualifications for all key personnel: Key personnel for this contract are required to have the following: 1) full knowledge of the PWS, 2) working knowledge of GPS, 3) working knowledge of a computer, 4) working knowledge of Microsoft spreadsheet software and 5) working knowledge of ArcGIS.

1.17.2 Identification of Contractor Employees: All personnel attending meetings 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. Personnel are not required to obtain and wear name badges. All personnel performing contract work requiring them to drive off-road will be issued an Off Road Vehicle (ORV) permit by the COR at the pre-work meeting.

1.17.3 Key Personnel: The following personnel are considered key personnel by the government: 1) contractor, 2) contract manager 3) alternate contract manager. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when he/she is absent, shall be designated in writing to the COR. The contract manager and alternate shall have full authority to act for the contractor on all matters relating to daily operation of this contract. The contractor, contractor manager and alternate shall be available between 8:00 a.m. to 4:30 p.m. Mountain Standard Time (MST), Monday through Friday, except Federal Holidays or when the government facility is closed for administrative reasons.

1.18 Contractor Travel: The contractor will be required to travel to and from their place of business or residence to designated areas of the approximately 390,000 acres of federal land administered by the USACE Fort Peck Project to complete the requirements of this PWS.

1.19 Other Direct Costs: N/A

1.20 Data Rights: N/A

1.21 Organizational Conflict of Interest: N/A

1.22. Phase In/Phase Out Period: N/A

1.23 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.

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

1.25 Compliance with Pesticide Application Regulations: The Contractor will 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.

1.26 Pesticide Application Documentation and Recordkeeping: A PAR must be completed daily on-site for each application and submitted to the COR/Gov. Point of Contact (POC) within 10 days of the application.

1.27 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.

1.27.1 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.

1.27.2 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.

1.27.3 Notification of Chemical Spills, Damage, or Injury: The Contractor shall notify the COR immediately (on the day of occurrence/observance) of any chemical spillage, damage to Government property, and injury to any person resulting from the Contractor's operations. In the event of a spill, the Contractor shall comply with state reporting requirements. 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) Clean up (follow correct procedures for size of spill & chemical type).

1.27.4 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.

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

1.27.6 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.

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

1.28 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 SURVALLENCE 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:

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 Materials: The government may furnish certain chemicals to the contractors as identified within individual Task Orders (See Attachment 9/Technical Exhibit 9). 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 may utilize a designated government water source for tank mixing purposes. When working in remote locations, the contractor is authorized to utilize non-potable water from the Missouri River, Fort Peck Lake or water sources located within USACE lands for 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 Utility Terrain Vehicle (UTV’s), vehicles, trailers, water and herbicide tanks, spraying equipment, GPS units, required safety equipment, etc. The contractor is required to have a minimum of (1) 1,000 gallon water tank, chainsaws, skid steer with masticator attachment, deep Vee/Multi hull vessel capable of handling rough water and a flat bottom hull vessel capable of operating in shallow waters to complete the requirements of this PWS.

4.5.1 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. The contractor will need to provide a .shp file for areas that were sprayed/surveyed for payment verification.

4.5.2 Computer Software: The contractor shall have ArcMap 10 software or equivalent for processing data.

4.5.3 Electronic…