W9128F22Q0039.pdf

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Attached to: Gavins Point Lawn Care Spraying
Solicitation number: W9128F22Q0039
Issued by: Department of the Army Corps of Engineers Engineering District Omaha

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SEE ADDENDUM

(No Collect Calls)

W9128F22Q0039 21-Mar-2022

b. TELEPHONE NUMBER

402-995-2668

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 05 Apr 2022

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

BRIANNA BOEHNE

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 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 968811 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 GAVINS POINT PRJT OFC MNTN SEC

JUSTIN SCHOLL

USAED, OMAHACENWO-OD-GP-M

200 POWERHOUSE RD

CROFTON NE 68730

TEL: 402-667-2561 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

561730

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 OF76

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.

W9128F22Q0039

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Lawn Care Spraying U.S. Army Corps of Engineers, Gavins Point Project

2022-2027

PART 1

GENERAL INFORMATION

1. GENERAL: This is a non-personal services contract to provide lawn care services, including fertilization, chemical weed control, and insect control services on lands administered by the U.S. Army Corps of Engineers (USACE) Gavins Point Project. 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.

1.1 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 lawn care services, including fertilization, chemical weed control, and insect control as defined in this 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: Gavins Point Project is administered by the U.S. Army Corps of Engineers. It is located approximately 4 miles west of Yankton, SD. The Administration compound and Powerplant lawn areas must be presentable and in good condition for the visiting public.

1.3 Objectives: Our main goal is to effectively control broadleaf weeds, including dandelions, crabgrass, foxtail, windmill grass, clover, and other weeds, fertilization, and control of insects, including grubs, sod webworms, bill bug, army worms and chinch bug, on lawn areas at the Administration compound and Powerplant lawn area as listed in Part 5 (Specific Tasks).

1.4 Scope: The Contractor shall provide all labor, tools, transportation, materials, and equipment necessary to chemically control target vegetation, insects, and fertilize as listed in Part 5 (Specific Tasks). The Contractor will chemically control target vegetation, insects and fertilize without damaging nearby trees and shrubs and will minimize damage to non-target ground vegetation. Some areas may require spot treatments, while others may require solid coverage. The Contractor shall follow all label instructions for mixing (including the addition of any adjuvants) and applying all herbicides. All herbicides, insecticides, and fertilizer shall be applied at the manufacturer specified mixture rate. All spray or spread equipment shall be properly calibrated prior to spraying. All vegetation/insect control and fertilization operations shall be conducted in a safe and professional manner.

1.4 Scope of Work: Section 5 contains the Scope of Work.

1.5 Period of Performance: The Period of Performance shall be for one (1) Base Period and five (5) Option Periods. The Contractor shall not begin work until after the “Notice of Award” and completion of the Pre-Work Conference with the Government Representative (GR). The Period of Performance reads as follows:

Base year – April 1, 2022 – October 31, 2022 Option 1 – April 1, 2023 – October 31, 2023 Option 2 – April 1, 2024 – October 31, 2024

Option 3 – April 1, 2025 – October 31, 2025 Option 4 – April 1, 2026 – October 31, 2026 Option 5 – April 1, 2027 – October 31, 2027

(Base Year Start date will be adjusted to coincide with award date through the 31 March of the following year)

1.5.1 Recognized Holidays: The Contractor is not required to perform services on the following recognized holidays

Memorial Day Independence Day Labor Day Columbus Day

1.5.2 Hours of Operation: The Contractor is responsible for conducting business, between sunrise and sunset, 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. Any work done prior to Memorial Day or after Labor Day shall be conducted within the open business hours of the Administration compound, not prior to 7:00 a.m. and not later than 4:00 p.m.

1.6. Place of Performance: The work to be performed under this contract will occur within the Administration compound and Powerplant yard at Gavins Point Project.

1.6.1 Access/Parking: To minimize the impacts to the land resources, the Contractor shall limit the number of vehicles utilized to access the work sites on a daily basis. The number of vehicles, routes to work sites, and a parking spot near each work site shall be discussed and mutually agreed upon by the POC and Contractor at the pre-work conference. Contractor vehicles shall be parked in a manner so as to avoid interference with normal work activities, adjacent landowners, the recreating public, or municipal/government operations.

1.6.7 Security Requirements: All Contractor and all associated sub-contractors’ employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by Government Representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office.

Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes. No background checks are required for this contract.

1.6.8 Special Qualifications: 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 GR 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.

1.7 General Information

1.7.1 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.

1.7.2 Quality Assurance: The Government will evaluate the Contractor’s performance under this agreement in accordance with Part 7 (Technical Exhibit 7.1) of this PWS.

The evaluation is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). The POC will be allowed to obtain a sample of the chemicals or fertilizer 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 or fertilizer off-label or a chemical or fertilizer 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 POC will be allowed to observe and photograph all work activities conducted in completion of this PWS. The Contractor will not be paid for any work performed that is deemed defective by the POC. Any defective service(s) noted by the POC shall be corrected at no additional cost to the Government. The Contractor shall be responsible to perform only that work specified within the PWS and shall receive no compensation for any work performed that is not specified within the PWS. No Government personnel will be allowed to assist the Contractor with actual spraying activities or supervision of the Contractor's personnel.

1.7.2.1 Compliance Inspections: The Contractor shall notify the POC prior to beginning any spraying/spreading activities. The POC shall conduct periodic inspections throughout the contract period to ensure compliance with contract requirements.

1.7.3 Type of Contract: The Government will award a firm fixed price purchase order.

1.7.4 Physical Security Requirements: At the close of each work period, Government facilities shall be secured.

1.7.4.1 Key Control: The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas.

The Contractor shall immediately report any occurrences of lost or duplicate keys to the Contracting Officer

1.7.4.1.1 In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.7.4.1.2 The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.7.5 Special Qualifications: 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 commercial applicator license with the appropriate pesticide certification classification(s) during the period(s) of performance of this agreement, 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 agreement, 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.

1.7.5.1 Commercial Pesticide Applicators Licenses: The Contractor will provide the POC 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 POC at the pre-work conference.

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

1.7.6.1 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.

1.7.6.1.1 Pesticide Application Documentation and Recordkeeping: A Pesticide Application Record (PAR) (Technical Exhibit 3) must be completed daily on-site for each application and submitted to the POC with the corresponding invoice.

1.7.6.2 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 POC at the pre-work conference.

1.7.6.3 The Contractor shall abide by all USACE regulations as listed in the 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 Pamphlet EP 1165-2-316 (copies of this pamphlet are available at the Project Office or online at http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_ 1165-2-316.pdf?ver=2013-08-22-104526-670 ). Exceptions to these regulations may be made at the discretion of the POC. Off-road travel is restricted to actual treatment areas.

1.7.6.4 Identification of Contractor Employees: Contractors and subcontractors are required to wear their company ID and may be required to wear Government supplied badges.

1.7.6.5 Contractor Manpower Reporting: The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for the performance of services provided under this contract for the U.S. Army Corps of Engineers via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/

1.7.7 Government Point of Contact (POC): The POC monitors all technical aspects of the agreement and assists in agreement administration. The POC is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the agreement; perform inspections necessary in connection with agreement performance; maintain written and oral communications with the Contractor concerning technical aspects of the agreement; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notify both the Contracting Officer and Contractor of any deficiencies; coordinate availability of Government furnished property; and provide site entry of Contractor personnel. The POC is not authorized to change any of the terms and conditions of the resulting order. The POC for this agreement is Jonathon Knacke, Gavins Point Project, P.O. Box 710, Yankton, SD 57078, phone (402) 667-2541.

1.7.8 Key Personnel: The Contractor shall give his personal supervision to the work or have a competent foreman or superintendent, satisfactory to the Contracting Officer, available at all times with authority to act for him on all contract matters relating to daily operation of this contract. The name of this person shall be designated in writing to the POC. This person shall be available between 8:00 a.m. to 3:30p.m., Monday thru Friday except Federal holidays or when the Government facility is closed for administrative reasons.

1.7.9 Pre-Work Conference/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, Point of Contact (POC), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the POC 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.

1.7.10 Pre-Work Conference: The Contractor shall meet with the POC prior to commencement of the work to discuss and mutually agree on the performance requirements and administration of the contract. To schedule the pre-work conference, contact the POC.

1.7.11 Safety: The Contractor or foreman shall have a cell phone on-site with them at all times during work activities. The local emergency phone number(s) will be furnished to the Contractor by the POC at the pre-work conference.

1.7.11.1 Required Safety Documents: In accordance with the U. S. Army Corps of Engineers Safety and Health Requirements Manual EM 385-1-1 (copies of this manual are available at the Project Office or online at http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_3 85-1-1.pdf ) the Contractor shall submit the following required documents at the pre-work conference: an accident prevention plan to be followed by all Contractor personnel during performance of the work and an activity hazard analysis. The POC will provide the Contractor with an Activity Hazard Analysis form. The documents shall be developed only after a careful analysis of the work involved and shall be tailored specifically to the conditions of this contract and shall address the following items:

a) Responsible Individuals

b) Indoctrination and Training

c) "Toolbox" Safety Meetings

d) Accident Reporting and Recordkeeping

e) Sanitation

f) Housekeeping

g) First Aid and Medical Facilities

h) Personal Protective Equipment/Devices

i) Fire Prevention and Protection

1.7.11.2 Other Safety Requirements: The Contractor shall provide the minimum on-site safety requirements as follows:

a) All personnel are required to wear/use the manufacturer’s recommended personal protective equipment/devices.

b) The Contractor will provide at least one nonfreezing-type A-B-C fire extinguisher in each vehicle and implement. The extinguisher shall be placed in a location readily accessible to personnel.

c) The Contractor will provide and maintain a first aid kit commensurate with the size of the project with items necessary for first-aid treatment of all injuries. The Contractor will advise personnel of the location of first-aid kits.

d) The local emergency phone number(s) will be furnished to the Contractor by the POC at the pre-work conference. The Contractor will post telephone numbers of the nearest hospital or ambulance service and fire station in a conspicuous location. The Contractor will advise all personnel of locations and telephone numbers.

1.7.11.3 Fire Precautions: Site conditions during the timeframe in which the contracted work is to be completed are such that the potential for a grass fire exists. It is the Contractor’s responsibility to minimize the potential for a grass fire by not smoking outside of a vehicle while working on-site.

1.7.12 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.

1.7.12.1 Protection of Resources: The Contractor shall not pollute streams, lakes or reservoirs with fuels, oils, bitumens, calcium chloride, acids, insecticides, 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.

1.7.12.1.1 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 its original condition. 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.

1.7.12.1.1.1 Notification of Chemical Spills, Damage, Vandalism, or Injury: The Contractor shall notify the POC immediately (on the day of occurrence/observance) of any chemical spillage, damage or vandalism to or on 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 his ability and within his 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

1.7.12.1.2 Disposal: Disposal of all materials shall be at the appropriate locations as directed by the POC. 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. 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.

1.7.12.2 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.

1.7.12.3 Protection of Fish and Wildlife: The Contractor shall at all times perform work and take such steps required to minimize interference with or disturbance to fish and wildlife. The Contractor will not be permitted to alter water flows or otherwise disturb native habitat adjacent to the project area that, in the opinion of the Contracting Officer, are critical to fish or wildlife.

1.7.12.4 Preventing the Spread of Noxious Weeds: In order to prevent the spread of noxious weeds, the Contractor shall clean all equipment prior to entering Corps property. The equipment shall have no visible soil, roots, vegetative material, seeds, or other debris that could contain seeds.

1.7.15 Payments and Invoicing: The Contractor shall submit one itemized invoice per month for payment which shall include the chemical/fertilizer costs and hours of application for that particular month. An original product label for each chemical/fertilizer claimed on the invoice for payment (one-time requirement per chemical) and the original Government PAR form(s) for all services claimed on the invoice shall accompany each month’s invoice before the invoice will be accepted for payment. Each invoice shall be mailed or hand delivered to the POC by the 25th of each month and shall include the following information: Contractor's name and address exactly as it appears in Block 17a of SF Form 1449, agreement number, and date.

Upon receipt of invoice, payment will be made after satisfactory completion, inspection, and acceptance by the POC 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 POC before the final invoice will be accepted for payment.

1.7.16 Unsatisfactory Performance: The Contractor shall be notified by the POC of incomplete or unsatisfactory service. Upon receipt of notification from the POC of incomplete or unsatisfactory service, the Contractor will correct the unsatisfactory or incomplete services within the specified contract period. At no additional cost to the government. In the event services are not provided by the Contractor, the Government retains the option of performing scheduled services or hiring services to be performed at the expense of the Contractor.

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

2.1.3 POINT OF CONTACT (POC). 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 GOVERNMENT. The Gavins Point Project Office and the Omaha District Office of the Corps of Engineers, or other U.S. Government offices associated with the performance of this contract.

2.1.7 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.

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

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

2.1.10 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

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

2.1.12 SUBCONTRACTOR. One that enters into a contract with a prime contractor.

The Government does not have privity of contract with the subcontractor.

2.1.13 UNSATISFACTORY PERFORMANCE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.14 WORKDAY. The number of hours per day the Contractor provides services in accordance with the contract.

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

2.2 ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation BPA Blanket Purchase Agreement 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 FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PAR Pesticide Application Record PIPO Phase In/Phase Out POC Point of Contact

PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program 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 Materials: The Government will provide copies of aerial photos as may be required for carrying out the work. The Government will provide additional paper or electronic copies of the PAR form upon request.

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.

4.1.1 Equipment Storage: The Contractor's equipment shall not be stored on Government property administered by the USACE Gavins Point Project. At the close of each work period, all chemicals, chemical mix, chemical refuse/waste, and equipment shall be removed from Government lands. It is the Contractor’s responsibility to secure his personal property during working and non-working hours. The Government will not be held liable for damaged, lost, stolen, or vandalized property.

PART 5

SPECIFIC TASKS

5. SPECIFIC TASKS:

5.1 Basic Services: The Contractor shall provide services necessary to perform lawn care services, including fertilization, chemical weed control, and insect control without damaging nearby trees and shrubs and minimize damage to non-target ground vegetation. Some areas may require spot treatments, while others may require solid coverage.

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.

Maps and aerial photographs are available for review at the USACE Gavins Point Project Office in Crofton, Nebraska. 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 withdrawal of a bid after opening, or a claim after award of the agreement. Site visits can be scheduled with the POC at (402) 667-2541.

5.3 Type and Rates of Chemicals to be Applied: Only those EPA registered chemicals approved for use in the State of South Dakota/Nebraska and listed on the bid sheet shall be applied. To prevent weed/insect resistance to chemicals, alternative chemicals may be used after approval of COR. Chemicals and fertilizers 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. The potential exists that not all of the chemicals listed on the bid sheet will be utilized during the period of performance. All chemicals must be labeled for turf/lawn areas and NOT agricultural areas.

5.4 Weather Conditions: Manufacturer's label directions and warnings relative to temperature, wind, or other weather conditions shall be strictly adhered to. Care shall be exercised at all times by the Contractor to protect desirable (non-target) species from damage by the required chemical applications. All chemicals must be labeled for turf/lawn areas and NOT agricultural areas.

5.5 Tasks: Herbicide, insecticide, and fertilization applications may include the following chemicals and conditions:

5.5.1 Lawn care services to be provided by Contractor are:

5.5.1.1 Application 1 – April through Early May

o Fertilize with balanced fast release, heavy rate fertilizer to encourage lush, thick, healthy lawn o Pre-emergent control of foxtail and crabgrass on all areas o Broadleaf weed control including dandelion and thistle on all areas o Spot treatment for clover and sand bur if necessary

5.5.1.2 Application 2 – Mid-May through Late June

o Fertilize with balanced fast and slow release fertilizer to encourage lush, thick, heathy lawn o Pre/post-emergent control of foxtail and crabgrass on all areas o Broadleaf weed control, including dandelion and thistle on all areas o Spot treatment for clover and sand bur if necessary o Preventative treatment for grubs, army worms, chinch bugs, and sod webworms on all areas

5.5.1.3 Application 3 – Early July through Late August

o Fertilize with balanced slow release fertilizer to continue lush, thick, heathy lawn o Post-emergent spot control of foxtail and crabgrass o Spot treatment of broadleaf weed control, including dandelion and thistle o Spot treatment for clover and sand bur if necessary o Corrective treatment for grubs, army worms, chinch bugs, and sod webworms if necessary

5.5.1.4 Application 4 – September through October

5.5.2 Spraying with 2,4-D (Vessel® or equivalent) in turf areas for broadleaf control.

5.5.3 Spraying with diothpyr (Dimension® or equivalent) in turf areas for crabgrass control.

5.5.4 Spraying with quinclorac (Drive® or equivalent) in turf areas for clover control.

5.5.5 Spraying with fenoxaprop-p-ethyl (Last Call® or equivalent) in turf areas for sand bur control.

5.5.6 Spraying with chlorantraniliprole (Acelepryn® or equivalent) in turf areas for grubs and other lawn pest control.

5.5.7 Spraying with balanced fertilizer that contains a nitrogen (N), phosphorus (P), and potassium (K) blend (N-P-K) per industry standard. The N-P-K rating must be approved in advance by the POC.

5.6 Spraying Activities: 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. Holiday applications will NOT be allowed without prior authorization from the POC. Lack of personnel, equipment, or other work priorities will not be acceptable reasons for allowing an agreement time extension. Approval of any agreement extension shall be at the determination of the

POC.

5.7 Aquatic Sensitive Areas: Those areas designated as aquatic sensitive areas or are an aquatic area by nature shall only be treated with chemicals labeled for aquatic use.

5.8 Record Keeping: All areas treated shall have PAR forms completed in accordance with the specifications set forth within this PWS. The Contractor shall be required to completely fill out an accurate, government PAR form (Technical Exhibit 3) for each area treated on the day of application. The PAR form(s) shall accompany each month’s invoice before the invoice will be accepted for payment.

5.9 Spraying Areas: The contractor shall spray the following areas (Technical Exhibit

4) with the approximate acreage.

Administration Lawn Areas – 174,812 square feet Powerplant Lawn Areas – 62,532 square feet

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

6.1.1 The Contractor will comply with applicable sections (as listed in part 1.6.13.1) of the U. S. Army Corps of Engineers Safety and Health Requirements Manual EM 385-1- 1 (copies of this manual are available at the Project Office or online at http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_3 85-1-1.pdf).

6.1.2 The Contractor will comply with the Code of Federal Regulations, Title 36, Chapter III, Part 327, Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects Pamphlet EP 1165-2-316 (copies of this pamphlet are available at the Project Office or online at http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_ 1165-2-316.pdf?ver=2013-08-22-104526-670).

PART 7

TECHNICAL EXHIBIT LISTING

7. TECHNICAL EXHIBIT LIST: The following technical exhibits are hereby incorporated and made a part of this solicitation:

7.1 Technical Exhibit 1 – Performance Requirements Summary

7.2. Technical Exhibit 2 – Deliverables Schedule

7.3 Technical Exhibit 3 – Pesticide Application Record

7.4 Technical Exhibit 4 – Area Map

7.5 Technical Exhibit 5 – Bid Sheet

TECHNICAL EXHIBIT 1

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 chemical control services for weeds and unwanted vegetation, insect control, and fertilization for turf grass areas.

The Contractor must provide services to the performance and safety standards outlined in this PWS and to standards designated by the POC.

Zero Deviation from Standard

Periodic Compliance Inspections

PRS # 2.

The Contractor shall provide Pesticide Application Records for each chemical application.

complete PAR forms in accordance with the PWS, specifically Part 5, provision 5.8.

100% Inspection

PRS # 3.

The Contractor shall provide invoices after each application.

submit invoices in accordance with the PWS, specifically Part 1, provision 1.7.15

100% Inspection

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency Number of Copies Medium/Format Submit To Pesticide Application Record Forms

Completed daily, submitted once.

One (1) copy of each PAR form submitted to the POC with the corresponding invoice.

Paper (hard copy).

USACE- Gavins Point Attn: