W9128F22Q0112.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F22Q0112 08-Sep-2022

b. TELEPHONE NUMBER

701-654-7748

8. OFFER DUE DATE/LOCAL

TIME2:00 PM 23 Sep 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

RACHAEL M TAYLOR

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 968708 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 GARRISON PRJT OFC NTR RSC SEC

ANDREW LILLEJORD

USAED, OMAHACENWO-OD-GA-N

PO BOX 527

RIVERDALE ND 58565

TEL: 701-654-7758 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$17,000,000

NAICS:

813312

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 OF85

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.

W9128F22Q0112

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 41 Acre Bowman-Haley Restoration

FFP

Native Praire Restoration at Bowman-Haley as described in the attached PWS.

FOB: Destination

PSC CD: F019

NET AMT

0002 46.50 Acre Deepwater Bay Restoration

FFP

Native Praire Restoration at Deepwater Bay as described in the attached PWS.

0003 44.50 Acre Douglas Bay Restoration

FFP

Native Praire Restoration at Douglas Bay as described in the attached PWS.

0004 55 Acre Little Knife Restoration

FFP

Native Praire Restoration at Little Knife as described in the attached PWS.

0005 26 Acre East Garrison Bay Restoration

FFP

Native Praire Restoration at East Garrison Bay as described in the attached PWS.

QUOTE SHEET

Quote Sheet

NOTE: The per acre cost should be inclusive of all work to be performed in the area ie.; haying, spraying, planting, purchase of seed (the government will not be providing any seed), mowing, burning, and any other costs associated with the restoration of the specified area.

PWS

PERFORMANCE WORK STATEMENT (PWS)

Native Prairie Restoration Contract

Garrison Project: Lake Sakakawea, Pipestem, Bowman-Haley

1.0 GENERAL. This is a non-personal services contract to provide prairie restoration services at the Garrison project including the Pipestem and Bowman-Haley projects. 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 all tasks in the restoration of grassland on Corps property as defined in this Performance Work Statement.

1.2 OBJECTIVES. The objectives of this PWS are to properly eliminate existing vegetation within the restoration areas including invasive plants and establish a prairie community complete with native grasses and forbs in its place.

Follow up maintenance after the planting of the site may be required if noxious weeds establish or large portions of the restoration need reseeding due to lack of establishment. Services and techniques to accomplish the aforementioned objectives include but are not limited to burning, mowing, haying, raking, spraying, harrowing, light disking, seeding, no-till drilling and maintenance of the proposed site. Each restoration area task order will be advertised with a map of the area.

Item Description Price Per Acre

Total Acres

Total Price

0001 Bowman-Haley Restoration $ 41 $ 0002 Deepwater Bay Recreation

Area $ 46.5 $

0003 Douglas Bay Restoration $ 44.5 $ 0004 Little Knife Restoration $ 55 $ 0005 East Garrison Bay

Restoration $ 26 $

Total $

1.3 PERIOD OF PERFORMANCE. The period of performance shall be for one (1) 12 month period. The contractor may invoice for completed work at the end of the period of performance; once the area of restoration meets the establishment thresholds highlighted in section 7.8. The Period of Performance reads as follows:

Base Year 2021: 09/30/2022-09/30/2023

1.4 CONTRACTOR PERSONNEL

1.4.1 The contractor shall provide a person who shall be responsible for the performance of the work (one point of contact). The name of this person and alternates who shall act for the contractor shall be designated in writing to the Contracting Officer and the COR within ten (10) days after date of award. Telephone numbers shall be provided where the Project Manager and alternate may be contacted 24/7.

1.4.2 The contractor representative or alternate shall be available during normal duty hours to meet with Government personnel designated by the Contracting Officer or the COR to discuss problem areas.

1.4.3 The contractor shall not employ persons for work on this contract if such employee is identified to the contractor by the Contracting Officer and the COR as a potential threat to health, safety, security, general well-being or operational mission of the facility and its population. List of personnel shall be made available in writing to the Government at the start of the contract.

1.4.4 All contractor personnel shall be fully clothed at all times, including a shirt and enclosed shoes, while performing these services. Clothing shall be professional, clean and neat in appearance. In addition, all contractor personnel are responsible for wearing the appropriate personal protective equipment in accordance with the owner’s manuals of any and all equipment that they utilize during the performance of this contract.

1.4.5 Contractor personnel shall utilize tact, diplomacy and courtesy at all times during contact with the public.

1.4.6 The contractor shall make sure employees have valid driver license(s) before starting work under this contract and throughout the term of the contract. All state and federal laws must be obeyed during the performance of this contract.

1.4.7 SUBCONTRACTING. The contractor shall not subcontract any work without written approval of the Contracting Officer. Compliance with the provisions of this contract by subcontractors shall be the responsibility of the contractor.

1.5 QUALITY CONTROL. The contractor shall develop a Quality Control Plan (QCP), for approval of the CO/COR, designated to demonstrate how the contractor will meet the needs and performance thresholds of the project. The quality control plan must be submitted within the bid packet prior to award of the contract. The plan shall identify the contractor-furnished equipment and state how the work will be accomplished, when it will be accomplished and to what standards it will be accomplished. Changes in the approved plan after the contractor has been awarded the contract, shall be submitted for approval prior to implementing the change. The Plan shall document how the contractor will identify and correct performance shortfalls. Complete records of all inspections performed by the contractor must be maintained and made available to the Government throughout the term of the contract.

1.6 QUALITY ASSURANCE. The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan 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).

1.6.1 The Government has the right to inspect and test all services called for by the contract to the extent practicable for customary commercial services, at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that shall not unduly delay the work.

1.6.2 The COR shall inform the contractor when discrepancies occur and shall request corrective action. The COR shall make a notation of the discrepancy with the date, time and discrepancy that was noted, and request the authorized contractor representative to initial the entry and provide the appropriate corrective action.

1.6.3 Government Remedies: The Contracting Officer or the COR shall follow FAR 52.212-4, Contract Terms and Conditions – Commercial Items, for contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

1.6.4 Unless otherwise noted in this specification, the contractor must strictly comply with the manufacturer's current specifications of use for all equipment and herbicides that they choose to utilize for the completion of this contract.

A. Provide adequate number of experienced workmen regularly engaged in this type of work who are skilled in the application techniques of the materials specified. Provide at least one thoroughly trained and experienced superintendent on the job at all times work is in progress.

B. There shall be no deviations made from this specification or the approved work plans without the prior written approval of the COR. Any deviation from the manufacturer's installation procedures must be supported by a written clarification on the manufacturer's letterhead and presented to the COR for approval.

C. The contractor shall develop and implement an effective quality control program to ensure services are performed in accordance with this PWS. The contractor's quality control plan is the means by which the contractor assures themselves that the work complies with the requirement of the contract. The contractor is required to provide the COR with a Quality Control Plan within the bid packet; the COR will give the contractor written approval if the QCP is satisfactory. The government shall evaluate the contractor's performance based on adherence to the requirements provided herein.

1.7 HOURS OF OPERATION. The contractor is responsible for conducting business on site, between the hours of 6:00AM – 9:00PM, Monday through Sunday 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.

Traveling to and from the work site can take place at the contractors discretion. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.8 PRE-WORK MEETING. Prior to commencing any activities, the contractor shall arrange a Pre-work Meeting with the COR. The Meeting shall discuss the work requirements, scheduling, submittal process, review of the Activity Hazard Analysis (AHA), and Abbreviated Accident Prevention Plan (AAP). At least one (1) week prior to commencing work, the Contractor shall coordinate their proposed work schedule with the COR.

1.9 SUBMITTALS. Prior to commencement of services, the Contractor shall submit the following documents to the COR for review and approval:

a. Activity Hazard Analysis (AHA);

b. Abbreviated Accident Prevention Plan (APP)

c. List of who will perform work on this contract;

d. Proof of Insurance for Contractors and Subcontractors;]

1.10 STANDARDS AND REGULATIONS. The Contractor shall perform to the standards in the contract and comply with all Local, State, and Federal Regulations during the services performed. The Contractor is responsible for ascertaining the extent to which these regulations affect the operations resulting from this contract. The Contractor shall comply will all applicable regulations. Applicable regulations include, but are not limited to the following:

a. Code of Federal Regulations (CFR), Title 36, Chapter III, Part 327, Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects EP 1165-2-316 (http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2- 316.pdf?ver=2013-08-22-104526-670)

b. Engineering Manual (EM) 385-1-1 (USACE – Safety and Health Requirements Manual), dated November 2014; http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

c. Occupational Safety and Health Standards (29 CFR 1910);

1.10.1 ACTIVITY HAZARD ANALYSIS (AHA). The contractor shall prepare the AHA in accordance with Paragraph 01.A.14 or 01.A.15 of the EM 385-1-1. If using Paragraph 01.A.15, prepare the AHA IAW Figure 1-2.

Note: Contractors and other individual employer’s typically use Job Safety Analyses (JSAs), Job Hazard Analyses (JHAs), or similar Risk Management assessment tools. The government considers equivalent to, and acceptable substitutes for, the USACE’s AHA provided the data collected is the same as that required by the AHA, commensurate with the type of services the contractor is performing.

1.10.2 ABBREVIATED ACCIDENTAL PREVENTION PLAN (APP). EM 385-1-1 in its entirety may be too complex for the type of work performed under these contracts; contractors may reference Appendix A, for abbreviated Accident Prevention Plan (APP). The contractor shall only need to submit items in Appendix A that are pertinent to the contract. The contractor shall use a qualified person to prepare the site-specific abbreviated Accident Prevention Plan (APP). The contractor shall prepare the APP in accordance with the format and requirements of the EM 385-1-1 and supplemented herein. The contractor shall sign and submit the APP for approval prior to the start of work onsite.

1.11 PHYSICAL SECURITY. The contractor shall be responsible for safeguarding all government facilities, property, and materials provided for contractor use. The contractor shall secure at all times all government facilities, property, and materials. Specific security conditions may change based on threats to national defense, and based on the risk of specific facilities to these threats. The contractor shall abide by these changing conditions at all times, as applicable.

1.12 PAYMENT

1.12.1 The government will make payment upon completion of all services for the applicable task order, 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.

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

2.0 DEFINITIONS AND ACRONYMS: The following definitions and descriptions apply wherever the word, phrase, or acronym is used in this performance work statement.

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

PWS: Performance Work Statement

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

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

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

Quality Control Plan (QCP): A method used by the Contractor to control the quality of goods and services provided in written form, quality threshold of deliverables.

Quality Assurance (QA): A method used by the Government to provide some measure of control over the quality of purchased goods and services received.

Shall: Imperative

2.1 COORDINATION WITH THE PROJECT OFFICE. Day to day contact with Government personnel, and telephone communication shall normally provide adequate information exchange. The Government reserves the right to schedule meetings at the Project Office as necessary to ensure strict compliance with the terms and conditions of the contract. Such meetings shall be scheduled, to the extent possible, at mutually convenient times, at no additional cost. However, upon notice, the contractor shall attend meetings regarding matters affecting this contract.

2.1.1 KEY CONTROL. The contractor shall take reasonable measures to safeguard any keys issued to them to perform the services required by the contract. All keys shall be returned to the Government upon request and/or completion of the contract. Failure to return keys can result in withholding of payment.

3.0 ANTITERRORISM/OPERATION SECURITY REQUIREMENTS. The contractor will coordinate with the COR and /or the facility security office for access when required. (Use when security clearances are not required, i.e.

facility repair or construction). Proposed language: “All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.”

4.0 DATA RIGHTS. The Government has unlimited rights to all documents/material produced under this contract.

All documents and materials, to include the source codes of any software and legal survey maps, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

5.0 GOVERNMENT-FURNISHED PROPERTY, MATERIAL, EQUIPMENT, OR INFORMATION: The government will furnish aerial imagery maps of where the contractor is to provide their services including access routes to and from the area and all gates that may be used. These maps are for general reference and will not replace an on-site visit with the COR for determining where the work is to be accomplished. The contractor is liable for all costs of mistakes that entail the accomplishment of work outside the area of work as described by the COR. All equipment, clothing, personal protective equipment, etc. will be provided by the contractor. Seed mixes will be provided by the contractor but must be pre-approved by the COR for species richness and price before the contractor buys the seed mix.

6.0 SPECIFIC TASKS

6.1 BASIC SERVICES. The contractor shall provide services for the basic surveying and site control of noxious weeds, elimination of invasive plant populations present on the restoration site, preparation, planting, execution and maintenance of the prairie restoration site after seeding.

Other tasks include:

Surveying and assessing site features, plant populations present, soil types etc. as needed before the restoration.

Burning of site (if deemed necessary to successfully complete contract) Mowing of site (multiple times if necessary) Spraying of site (multiple applications if necessary) Light Disk/Harrow of site (if deemed necessary to successfully complete contract) Seeding of site with drill Broadcast seeding of site (if deemed necessary to successfully complete contract) [All tasks that are “if deemed necessary” will be discussed with the COR and contractors point of contact]

6.2 WORK SEQUENCE

Schedule and execute work to prevent excessive traffic on public roads that may lead to a public complaint. Care should be exercised to provide protection from causing vehicle ruts on Government property.

6.3 USE OF THE PREMISES

Before beginning work, the contractor must secure approval from the COR for the following:

Areas permitted for personnel parking;

Access to the site;

Areas permitted for storage of materials and debris;

Areas permitted for the loading and unloading of materials

6.4 GOVERNMENT FURNISHED SERVICES, FACILITIES, UTILITES, EQUIPMENT AND

MATERIALS

Services: The government will perform QA through inspections.

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

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

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

Materials: The government will furnish: 1) CFR, Title 36 Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects pamphlet; 2) USACE Manual EM 386-1-1 entitled "Safety and Health Requirements Manual", dated July 2014 (electronic version); 3) ORV permit(s); 4) additional copies of the attachments (upon request); 5) area of avoidance lists (due to human activity or T&E species); 6) local emergency telephone numbers;

7) access gate key(s); (8); maps of the location of performance for the project.

All government property that is damaged due to the activities of this contract will need to be replaced at no cost to the government. Property such as fences, gates, t-posts, barbed wire and the like are types of property that may be typically encountered during execution of this contract.

6.5 CONTRACTOR FURNISHED SERVICES, FACILITIES, UTILITIES,

EQUIPMENT, AND MATERIALS

Services: The contractor shall furnish Quality Control Plan before the contractor begins work, within the bid packet.

Facilities: The contractor shall furnish his own facilities.

Utilities: The contractor shall furnish his own utilities.

Equipment: The contractor shall furnish his own equipment and protective equipment.

Materials: The contractor shall furnish all other materials necessary to complete the contract effectively, in accordance with the QCP they provide. The contractor will provide necessary protection against weather to keep all materials free from damage during shipment, storage, and installation. The contractor will furnish one full germination rate report at the end of the second growing season after planting to the COR.

6.6 SAFETY. The contractor shall be responsible for all means and methods as they relate to safety and shall comply with all applicable local, state and federal requirements and laws . Safety shall be the responsibility of the contractor.

All related personnel shall be instructed daily to be mindful of the full time requirement to maintain a safe environment for the facility's occupants including staff, visitors, customers and the occurrence of the general public on or near the site.

6.7 WORKMANSHIP. Superintendent shall be thoroughly trained and experienced in this type of work. All work shall be of the highest quality and in strict accordance with the manufacturer's published specifications for each piece of equipment or herbicide used to accomplish the restoration. All work must also comply with the quality assurance plan.

There shall always be a supervisor on the job site while work is in progress.

6.8 JOB CONDITIONS, CAUTIONS AND WARNINGS. Safety Data Sheets (SDS) must be on location at all times during the transportation, storage and application of materials.

Proceed with work only when weather conditions are in compliance with the manufacturer's recommended limitations, and when conditions will permit the work to proceed in accordance with the manufacturer's requirements and recommendations.

Security: Contractor shall coordinate with the COR for site access and other security measures.

6.9 EXECUTION. The contractor shall be responsible for complying with the following requirements:

A. Means and methods of restoration processes/techniques shall be such as the contractor may choose unless stated otherwise. The KO (Contracting Officer) retains the right to reject means and methods proposed which:

B. Constitute a hazard to the work, persons, or property. Will not produce finished work in accordance with terms of the contract. Are contrary to specified means or methods included in the contract.

C. The right to reject the means and methods of the Contractor shall not be construed or interpreted as acceptance of control of means and methods by the KO. ·

D. The KO’s approval of means and methods or failure to exercise right to reject means and methods shall not relieve the contractor of the obligation to complete the work required by the contract. Total responsibility for control of all means and methods lies with the contractor for all work.

7.0 SPECIFIC TASKS. 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.

7.1 SEED MIX REQUIREMENTS

The U.S. Army Corps of Engineers will provide the contractor the appropriate seed mix “recipe” prior to commencement of work for the project. It will be the responsibility of the contractor to buy the mix from an accredited seed house at the expense of the contractor. Each mix is determined by the appropriate MLRA, soil type, ecological site description and will include specific species, the percentage each species represents within the mix, and PLS/acre for each species of seed. The overall mix will consist of 30 percent warm season grasses, 30 percent cool season grasses, and 40 percent a variety of forbs and wildflowers. The cost of the seed mix will be included in the overall project estimate by the government and it will be made known to the contractor before he/she bids to include the price of the seed mix in their bid price.

7.2 EQUIPMENT REQUIREMENTS

The contractor will be allowed to use any pieces of equipment that they deem necessary to accomplish the contract successfully as long as they meet all safety standards; the contractor will be asked to provide a list of equipment that is to be utilized, to the COR for approval before commencement of work. The use of disks, disk harrows and the like may not be used in traditional cultivation methods to prepare a site for planting. Archaeological resources on project land dictates the disking of Corps property to a depth greater than one inch will not be permitted. No-till drilling of seeds is the recommended means of seed propagation. It is recommended that all safety features on all pieces of equipment be intact and functioning properly to insure the safety of all parties during the completion of this contract.

7.3 PRE-RESTORATION MONITORING OF SITE

A site visit by the contractor is required to commence work. A pre-restoration survey of the plant community and composition is not required to be furnished by the contractor to the government before commencing work. One surveying method that will work well for a simple assessment of the site is the step point method. Large areas can quickly be assessed using this method and it would work well for an initial assessment of a site. This method is explained in detail in section V. part F (V.F.) starting on page 70 of the BLM/RS/ST-96/002+1730. The document can be found at the following link: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044175.pdf The contractor will be allowed to use any surveying method of their choosing if approved by the COR before commencement of the survey.

7.4 POST-EMERGENCE MONITORING

The contractor is responsible for providing a complete survey of the area to the COR after one full growing season after planting. The survey must include individual species present, total cover, species composition by cover and frequency of species and must be able to adequately portray the total composition of the restored area with a 90% confidence interval per acre. Recommended survey methods can be found in the link below. This method is explained in detail in section V. part F (V.F.) starting on page 70 of the BLM/RS/ST-96/002+1730. The document can be found at the following link: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044175.pdf. The contractor will be allowed to use any surveying method of their choosing if approved by the COR before commencement of the survey.

7.5 SITE PREPARATION

The minimal requirements of site preparation are as follows:

All large obstructions such as rocks and boulders must be left as is and in the ground and worked around, they must not be moved for any reason on project lands. The contractor will be required to perform an on-site inspection of the restoration site prior to providing the COR with their QCP. The use of farming and cultivation practices to prepare a site before planting is not allowed. The reduction of dead vegetation and detritus layers may be accomplished mechanically, using rakes and baling techniques, or physically via burning. The need to limit the detritus layer on site will be on a case by case basis, and must be determined by an on-site inspection of the site. Less than one half inch of detritus is recommended for no-till planting methods. Details pertaining to burning of dead vegetation layers and existing vegetation can be found in section 5 of this document. Due to the nature of the current grasslands around the Garrison project, existing living vegetation such as grasses and noxious weeds must be eliminated to a standard of 98% prior to seeding. The existing living vegetation must be dead and not simply suppressed before planting. This standard may be measured via numerous methods. The method to which the contractor decides to measure the 98% standard prior to planting must be pre-approved by the COR as an acceptable method of accruing such data.

7.6 HERBICIDE USE FOR SITE PREPARATION

In order to successfully eliminate the existing vegetation on a site, a non-selective herbicide will need to be selected.

Any non-selective herbicide may be selected as long as the applicator is following all applicable state and federal laws as well as all instructions on the herbicide label. A combination of herbicides may be utilized in order to retain a better result in fewer applications. All label instructions must be followed when combining herbicides as to not exceed the maximum allowable amount of each application.

7.7 PLANTING METHODS

It is recommended that the contractor use a no-till drill to accomplish the planting of the prairie mixture into a dead sod layer of grasses present on site. The dead sod layer should be no taller than 3-4 inches in height. No-till planting methods have been cleared and are allowed by the Garrison project Archaeologist; they are the preferred method of seed propagation due to cultural concerns on project lands. Other methods of planting must be brought to the attention of the COR within the QCP for approval or disapproval prior to the commencement of the contract.

7.8 ESTABLISHMENT THRESHOLDS

By the end of the first growing season after planting, 70% or more of the planted grass species should be established and 70% or more of the forb species planted must be established. The composition of the plant types must be no less than 20% forbs and no greater than 80% grass after the end of the first growing season after planting. If the percentage of forb dips below 20%, additional planting of forbs must take place to bring the composition of vegetation types to greater than 20% forbs. The percent cover of planted vegetation within the area of restoration must be 80% by the end of the second growing season after planting. If the 80% threshold is not met, the contractor will be required to plant more seed mix to bring the percent cover up to the threshold. The percent cover of invasive species, both weed and grass species must not exceed 5% within the restoration area. If 5% or more percent cover is invasive species by the end of the first growing season after planting, the contractor must implement control measures to bring the percent cover of invasive species below 5%. The method to which the contractor accrues such data is up to the contractor but must be approved by the COR prior to commencement of said survey. There is not a set number of sample locations required per acre, however, a 80% confidence interval must be achieved for every acre in any monitoring method utilized by the contractor; this will insure that the contractor’s method of surveying is adequately capturing the composition of the site as a whole.

7.9 BURNING REQUIREMENTS

a. General. The QCP the contractor will provide the Corps of Engineers will address all aspects of wildland fire management. Wildland fire management encompasses both wildfire control and prescribed burning. The on-site manager may accomplish wildland fire management through contract, and/or a cadre of appropriately trained and equipped personnel. Fire management requires close and continuous coordination with other resource management agencies and fire organizations to ensure mutual understanding of respective levels of responsibility and reciprocity. All prescribed burns must have the applicable state burn permits/ smoke permits in place before approval can be given to burn.

b. Initial Training Requirements. All personnel directly involved in wildland fire management (other than controlling incipient stage fires) shall receive training. As a minimum, training will include fire line safety, basic wildland fire behavior and tactics, communications procedures, first aid, use, limitations and care of protective and firefighting equipment, and standards for survival. Personnel responsible for development and oversight of burn plan implementation will be properly trained in accordance with applicable state requirements.

c. Refresher Training. Dependent on the level of duties, wildland fire management refresher training is available for all personnel participating in fire suppression or prescribed fire activities. A web site titled “Wildland Fire Safety Training Annual Refresher (WFSTAR)” is available to assist in this training. It can be reached through the National Interagency Fire Center’s homepage “Safety” link at www.nifc.gov.

d. Physical Fitness. Any employee engaged in wildland fire management activities on Corps lands must have on file at the project office documentation signed by a medical physician to indicate their fitness to perform wildland fire management duties. This requirement can be satisfied through completion of an annual agency sponsored physical or written letter from a family physician documenting the fitness of the employee to engage in wildland firefighting duties. Additional standards concerning fitness requirements may be established at the discretion of the District Commander.

e. Personal Protective Equipment and Clothing. All personnel must wear protective equipment and clothing (PPE) when directly involved in wildland fire management. PPE consists of but is not limited to, fire resistant clothing, leather boots, fire resistant gloves, hard hat and safety glasses or goggles (See Safety and Health Requirements Manual, EM 385-1-1, Section 05.A.03).

f. Prescribed Burn Plans. Qualified personnel for each planned burn will develop a site-specific prescription (SEE APPENDIX A). Prior to implementing a prescribed fire, which also includes debris burning, a prescribed burn plan shall be prepared. Personnel responsible for development and oversight of burn plan implementation will be properly trained in accordance with applicable state requirements or within standards established by the District Commander. The QCP (Fire Management Plan) will identify the required components for prescribed burn plans. At a minimum, plans will include:

i. Burn objectives

ii. Acceptable weather and fuel moisture parameters

iii. Required personnel and equipment resources

iv. Burn area map

v. Smoke management plan

vi. Safety consideration

vii. Pre-burn authorization/notification checklist

All plans must be coordinated with applicable local and state authorities and federal agencies (e.g., where

Corps property borders a U.S. Fish and Wildlife Service refuge, National Park Service park or monument, Bureau of Land Management lands, U.S.D.A. Forest Service lands, Department of Defense military installation, etc). If required by law, the responsible state and/or local government authorities must also approve plans. Appendix A contains a sample prescribed burn plan format.

g. Position Hazard Analysis. All personnel engaged in fire management activities shall have a Position Hazard Analysis (PHA) completed for the type of work being performed. This will include all of the hazards that an employee may encounter

h. Activity Hazard Analysis. An Activity Hazard Analysis (AHA) will be completed before beginning wildland fire activities involving a type of work presenting hazards not experienced in previous project operations or where a new group of project employees/contractor is scheduled to perform the work.

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

Performance Objective

PWS

Para.

Performance Standard Performance Threshold

Method of Assessment

PRS #1

Perform an on-site visit of restoration area.

n/a The COR will perform a site visit with a prospective contractor if requested by the contractor during the solicitation period.

100% Completion n/a

PRS #2

Provide a QCP (plan of restoration) to the COR for review.

n/a At or above industry quality standard and to the satisfaction of the COR.

100% Completion

100% Inspection

PRS #3

Provide a burn plan complete with all necessary permits and trainings to the COR for review (if burning will take place).

n/a Burn plans must comply with all state and federal laws applicable to the process. All necessary permits must be attained in advance of the date of the burn and copies must be given to the COR for documenting.

100%

Random Inspection

PRS #4

Partake in a pre-work meeting with the COR.

n/a Will be completed to 100% completion to the satisfaction of the COR.

100% Completion

100% Inspection

PRS #5

Perform a pre-restoration site visit of the restoration area if PRS #1 was not completed.

n/a Will be completed to 100% completion to the satisfaction of the COR.

100% Completion

Random Inspection

PRS #6

Commence restoration plan as described in the QCP provided to the COR.

n/a At or above quality standards aforementioned in this PWS.

100% Completion

100% Inspection

PRS #7

Perform all maintenance methods as needed.

n/a At or above quality standards aforementioned in this PWS.

100%

Random Inspection

PRS #8

Assess the overall success of the planting at the end of the first growing season after planting.

n/a At or above quality standards and establishment thresholds aforementioned in this PWS.

100% Completion

100% Inspection

PRS #9

Provide an official assessment write-up to the COR about the success of the restoration at the end of the first growing season after planting.

n/a At or above quality standards and establishment thresholds aforementioned in this PWS.

100% Completion

Random Inspection

PRS #10

If restoration falls within the establishment thresholds, contract is complete; if outside thresholds, perform remediation actions to bring within thresholds.

n/a At or above quality standards and establishment thresholds aforementioned in this PWS.

100%

100% Inspection

8.0 Attachments:

- Native Prairie Restoration Areas Maps o This document includes a brief site description as well as aerial imagery of the restoration sites.

- Seed Mixture Info

- Appendix “A” Prescribed Fire Plan o Required only if a prescribed fire is part of the preparations for the restoration.

QASP

QUALITY ASSURANCE SURVEILLANCE PLAN

For Garrison Project: Native Prairie Restoration Contract Number: TBD

Contract Description: Native Prairie Restoration Contractor’s name: < upon award, enter contractor name > (hereafter referred to as the contractor).

1. PURPOSE.

This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:

What will be monitored.

How monitoring will take place.

Who will conduct the monitoring.

How monitoring efforts and results will be documented.

This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance. In addition, the QASP should recognize that unforeseen and uncontrollable situations may occur.

This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor. Updates shall ensure that the QASP remains a valid, useful, and enforceable document. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.

This QASP was developed to comply with the Federal Acquisition Regulation (FAR), Subpart 37.6, Performance Based Acquisition and 46.4, Government Contract Quality Assurance. In addition, FAR, Subpart 46.103, Contracting Officer Responsibilities, states that agencies shall develop quality assurance surveillance plans when acquiring services.

2. GOVERNMENT ROLES AND RESPONSIBILITIES.

The following personnel shall oversee and coordinate surveillance activities.

a. Contracting Officer (KO) - The KO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The KO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The KO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.

Assigned KO: Jessica Jackson Telephone: 402-995-2052 Email: Jessica.R.Jackson@usace.army.mil

b. Contract Specialist - The Contract Specialist acts as an acquisition consultant and serves as the liaison between the contractor and the KO.

Assigned Contract Specialist: Rachael Taylor Telephone: 701-654-7717 Email: Rachael.M.Taylor@usace.army.mil

c. Contracting Officer’s Representative (COR) - The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The COR shall keep a quality assurance file. At the conclusion of the contract or when requested by the KO, the COR shall provide documentation to the KO. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. The contractor shall refer any changes they deem may affect contract price, terms, or conditions to the KO for action.

Assigned COR: Andrew Lillejord Telephone: 701-654-7758 Email: Andrew.J.Lillejord@usace.army.mil

4. PERFORMANCE STANDARDS.

Performance Objective

Standard Performance Threshold Method of Surveillance

PRS # 1.

Pre-Work Meeting/ Site Visit;

Explanation of Methods

A pre-work meeting/call will be performed to talk through the plans for the contractor to restore the given area of concern.

ZERO DEVIATION

FROM REQUIREMENT.

100 PERCENT

INSPECTION

PRS # 2.

Post-Restoration Inspection

USACE will perform post restoration analysis of the site.

The contractor will be expected to perform corrective action if the threshold of establishment is not met.

ZERO DEVIATION

FROM REQUIREMENT

100 PERCENT

INSPECTION

Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards.

The Performance Requirements Summary Matrix (PRS), paragraph in the Performance Work Statement includes performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the PRS thresholds.

5. METHODS OF QA SURVEILLANCE.

Physical and Direct Observation

Various methods exist to monitor performance. The COR shall use the surveillance methods listed above in the administration of this QASP.

Regardless of the surveillance method, the COR shall always contact the contractor's primary point of contact when a defect is identified and inform the point of contact of the specifics of the problem. The COR shall be responsible for monitoring the contractor’s performance in meeting a specific performance standard.

Prepared by: Andrew Lillejord

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 30-SEP-2022 TO

30-SEP-2023

N/A COE GARRISON PRJT OFC NTR RSC SEC

ANDREW LILLEJORD

USAED, OMAHACENWO-OD-GA-N

PO BOX 527

RIVERDALE ND 58565

701-654-7758

968708

0002 POP 30-SEP-2022 TO

30-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 30-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 30-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 30-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.212-1…