W9128F23Q0049 Solicitation 19 APR 23 final.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F23Q0049 19-Apr-2023

b. TELEPHONE NUMBER

402-995-2612

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 04 May 2023

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

ROBERT J TURNER

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,500,000

NAICS:

115112

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF88

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.

W9128F23Q0049

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Base Year Imagery and Spraying

FFP

Base Year -Surveying and High Resolution Imagery 14 hours. Aerial Spraying Operations 145 Acres Base Year: Award to 31 March 2024

NET AMT

0001AA 1 Job Base Year - Aerial Imagery

FFP

Base Year -Surveying and High Resolution Imagery 14 hours.

FOB: Destination

PSC CD: F001

0001AB 1 Job Base Year -Surveying and High Resolution

FFP

Base Year - Aerial Spraying Operations 145 Acres Base Year:

OPTION Option Year 1 Aerial Imagery&Spraying

FFP

Option Year 1 - Surveying and High Resolution Imagery 14 hours. Aerial Spraying Operations 145 Acres Base Year:1 April 2024 to 31 March 2025

0002AA 1 Job Option Year 1 Aerial Imagery

FFP

Option Year 1 - Surveying and High Resolution Imagery 14 hours.

0002AB 1 Job Option Year 1 Aerial Spraying

FFP

Option Year 1 - Aerial Spraying Operations 145 Acres Base Year:

OPTION Option Year 2 Aerial Imagery&Spraying

FFP

Option Year 2 - Surveying and High Resolution Imagery 14 hours. Aerial Spraying Operations 145 Acres Base Year: 1 April 2025 to 31March 2026

0003AA 1 Job Option Year 2 Aerial Imagery

FFP

Option Year 2 - Surveying and High Resolution Imagery 14 hours.

0003AB 1 Job Option Year 2 Arial Spraying

FFP

Option Year 2 - Aerial Spraying Operations 145 Acres Base Year:

OPTION Option Year 3 Aerial Imagery&Spraying

FFP

Option Year 3 - Surveying and High Resolution Imagery 14 hours. Aerial Spraying Operations 145 Acres Base Year:1 April 2026 to 31 March 2027

0004AA 1 Job Option Year 3 Aerial Imagery

FFP

Option Year 3 - Surveying and High Resolution Imagery 14 hours.

0004AB 1 Job Option Year 3 Aerial Spraying

FFP

Option Year 3 - Aerial Spraying Operations 145 Acres Base Year:

OPTION Option Year 4 Aerial Imagery&Spraying

FFP

Option Year 4 - Surveying and High Resolution Imagery 14 hours. Aerial Spraying Operations 145 Acres Base Year:1 April 2027 to 31 March 2028

0005AA 1 Job Option Year 4 Aerial Imagery

FFP

Option Year 4 - Surveying and High Resolution Imagery 14 hours.

0005AB 1 Job Option Year 4 Aerial Spraying

FFP

Option Year 4 - Aerial Spraying Operations 145 Acres Base Year:

TOTAL

TOTAL: __________________________________

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

AERIAL IMAGERY COLLECTION AND AERIAL SPRAYING

BY AIRCRAFT

US ARMY CORPS OF ENGINEERS

MISSOURI RIVER RECOVERY PROGRAM

MITIGATION SITES

CASS, OTOE, NEMAHA COUNTIES, NEBRASKA

Dated March 15, 2023 General Information

1. GENERAL: This is a non-personnel services contract to provide all labor, supervision, equipment, supplies, and transportation to provide aerial imagery and aerial vegetation control spraying for the U.S. Army Corps of Engineers

(USACE).

1.1 Description of Services: The contractor shall provide all personnel, equipment, supplies, pesticides, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform aerial survey and imagery, and aerial vegetation spraying via helicopter or other aircraft for the USACE as defined in this Performance Work Statement (PWS). The amount of effort varies for each area defined in this PWS. The contractor shall perform to the standards in this PWS.

1.2 Background: This requirement requires a licensed helicopter/aircraft pilot and herbicide applicator to provide high resolution aerial imagery to identify areas of invasive non-native phragmites for spraying on up to ten (10) Missouri River Recovery Program (MRRP) mitigation sites in Nebraska. The MRRP sites are located in the river floodplain on the Nebraska side of the Missouri River within an approximately 84-mile segment beginning at river mile 590.0 (near Plattsmouth, Nebraska) and ending at river mile 506.0 (near Rulo, Nebraska), and includes both mainland and island areas of the mitigation sites. These mitigation sites are a mixture of woodland and forest, grassland, and cropland. The cropland is currently under an agricultural lease.

1.3 Objectives: Our primary goal is to effectively control invasive non-native phragmites (Phragmites australis subsp.

australis) on MRRP mitigation sites in Nebraska without damaging nearby trees and shrubs and minimizing damage to non-target species.

1.4 Scope: The Contractor shall provide all labor, tools, transportation, materials, and equipment necessary to control non-native phragmites on MRRP mitigation sites as outlined in Part 5.0 Specific Tasks and described here in the PWS.

Services include: 1) surveying and identifying areas of one tenth (1/10) acre or more of non-native phragmites species with high resolution imagery to accurately map areas of non-native phragmites species identified in this PWS along an 84-mile segment of the Missouri River; 2) processing high resolution imagery into a kmz file that clearly defines areas of non-native phragmites areas and provide to USACE for approval of areas to be sprayed; 3) chemically controlling non-native phragmites via appropriate chemical application up to the estimated acres at up to ten (10) Missouri River Recovery Program (MRRP) mitigation sites in Nebraska per year; 4) documenting chemical applications via pesticide application records (PAR). The contractor shall follow all label instructions for mixing and applying all herbicides (including the addition of any adjuvants). All spray equipment shall be properly calibrated prior to spraying. All vegetation control operations shall be conducted in a safe and professional manner. Table 1 below gives the number of acres to perform Aerial Survey and High-Resolution Imagery each year and the number of acres of Aerial Spraying Operations each year. The quantity of acres in Table 1 below is based on historical spraying.

Table 1:

Site Name

Estimated Acres to Aerial Survey and

Image Estimated Acres to

Aerial Spray

Tobacco Island 2,503 5

Van Horns Bend 534 5

Civil Bend, NE 394 5

Hamburg Bend 2,350 90

Kansas Bend 783 10

Nishnabotna Bend 697 5

Sonora Bend 190 5

Brownville Bend 469 5

Langdon Bend 1,780 10

Cottier Bend 388 5

Total 10,088 145

1.5 General Information

1.5.1 Place of Performance: The work associated with this contract shall be at 10 MRRP mitigation sites within the state of Nebraska on the Missouri River along an approximately 84-mile segment beginning at river mile 590.0 (near Plattsmouth, Nebraska) and ending at river mile 506.0 (near Rulo, Nebraska), and includes both mainland and island areas of the mitigation sites.

1.5.2 Period of Performance:

PERIOD OF PERFORMANCE. The period of performance shall be for one (1) Base Year of 12 months and Four (4) 12-month option years. The Period of Performance reads as follows:

Base Year: Date of Award through 31 March 2024 -Active period of performance: Date of Award to 30 September 2023

- Inactive period of performance: 1 OCT 2023 through 31 March 2024

Option Year 1: 01 April 2024 through 31 March 2025 -Active period of performance: 01 April 2024 through 30 September 2024

- Inactive period of performance: 01 October 2024 through 31 March 2025

Option Year 2: 01 April 2025 through 31 March 2026 -Active period of performance: 01 April 2025 through 30 September 2025

- Inactive period of performance: 01 October 2025 through 31 March 2026

Option Year 3: 01 April 2026 through 31 March 2027 -Active period of performance: 01 April 2026 through 30 September 2026

- Inactive period of performance: 01 October 2026 through 31 March 2027

Option Year 4: 01 April 2027 through 31 March 2028 -Active period of performance: 01 April 2027 through 30 September 2027

- Inactive period of performance: 01 October 2027 through 31 March 2028

Note: The performance of work for aerial surveying of 84-mile segment of the Missouri River will generally occur between April and late September of each year with the exception of the first year. The performance of work for spraying operations will generally occur between August and September each year. Dates are indicated below.

Aerial Surveying and High-Resolution Imagery (84-mile segment of Missouri River) Base Year: Date of Award to 30 September 2023 Option Year 1: 1 April 2024 to 30 September 2024 Option Year 2: 1 April 2025 to 30 September 2025 Option Year 3: 1 April 2026 to 30 September 2026 Option Year 4: 1 April 2027 to 30 September 2027

Aerial Spraying Operations Base Year: 1 August 2023 to 30 September 2023 Option Year 1: 1 August 2024 to 30 September 2024 Option Year 2: 1 August 2025 to 30 September 2025 Option Year 3: 1 August 2026 to 30 September 2026 Option Year 4: 1 August 2027 to 30 September 2027

1.5.3 Contract Type: Fixed Firm Price Services contract.

1.5.4 Hours of Operations: 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. Additional performance parameters may be established approved by the COR.

1.5.5 Recognized Holidays: The contractor shall not perform services on recognized Federal Holidays, unless authorized and approved by the COR.

1.5.6 Payments and Invoicing: The Contractor shall submit one itemized invoice for payment which shall include 1) hours of aerial surveying, and 2) hours of processing imagery into a kmz file, and 3) acres of aerial spraying. The Contractor shall be reimbursed on per acre basis as recorded on the submitted PAR forms and verified by digital GIS/GPS files for spray application. Each invoice shall be emailed to the COR and shall include the following information: Contractor's name and address exactly as it appears in Block 17a of SF Form 1449, contract number, amount of man hours, and date. Payment will be made after satisfactory completion, inspection, and acceptance by the COR of all agreement work performed, upon presentation to the Disbursing Officer of an invoice covering the services rendered. Payment is generally received 4-6 weeks after submittal of a complete invoice. Payment will be made via Electronic Funds Transfer (EFT).

1.5.7 COR/Government POC: The COR/Government POC monitors all technical aspects of the contract and assists in contract administration. The COR/Government POC is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR authority, especially with regard to changes in cost or price, estimates or changes in completion dates. A COR will be appointed at the contract level. The COR/Gov. POC is not authorized to change any of the terms and conditions of the contract.

1.5.8 Post Contract/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officers Representative, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance and/or performance requirements. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.5.9 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, crops, turf, roads, fences, etc. The Contractor shall provide a copy of certificate of insurance to the COR at the pre-work conference.

1.5.10 Quality Control: The quality of all work shall be the responsibility of the Contractor. The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which they assure themselves that their work complies with the requirements of the contract. The contractor shall designate, in writing, an employee who shall serve as the contact for matters involving quality and performance or nonperformance of the required work.

The employee (s) shall be qualified and fully competent with full authority to act for, and on behalf of, the contractor as necessary to ensure that the required work is performed in accordance with the specifications and standards contained herein. The contractor shall furnish the above written designation to the Contracting Officer’s

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

1.5.11 Quality Assurance: The Government shall evaluate the contractor’s performance under this contract, IAW Part 7 of this Performance Work Statement. 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).

The COR or a Government Representative at the COR request will be allowed to obtain a sample of the chemical being used for testing at any time or place when the Contractor is on Government property. If the Contractor is found to be using a chemical off-label or a chemical not approved for use by the Contracting Officer (KO), the agreement may be terminated, and the Contractor shall be held liable for any damages and pay for the completion of the agreement by a different source. The COR or other Government Representative will be allowed to observe, photograph, and inspect 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 COR. Any defective service(s) noted by the COR shall be corrected at no additional cost to the Government. The Contractor shall be responsible to perform only that work specified within the scope of this 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.

1.5.12.0 Quality Assurance Surveillance Plan will be used during the life of the contract to ensure that the Contractor is performing the services required by this PWS in an acceptable manner. The Government develops the QASP and the Project Office administers the Plan through Quality Assurance Evaluators (QAE)s.

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

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

1.5.13.1. Compliance with Operation of a Small Unmanned Aerial System (SUAS) on USACE land. The Contractor must adhere to the operating requirements of FAA regulations, applicable state and local laws, and USACE policies and procedures as defined in the USACE Aviation SUAS Policies and Procedures, Aviation Policy Letter (APL) 19- 08 and the USACE Commercial Off-the-Shelf SUAS Exception to Policy Waiver. Civil aircraft operations flights are conducted under the supervision of a USACE Trusted Agent. The Trusted Agent monitors and validates that the contractor is adhering to the cybersecurity process and reports daily flight activity to the Aviation Program Manager.

The Contractor is solely responsible for safety, liability, and must:

a. Use a system approved on the current Army cybersecurity waiver.

b. Follow USACE APL 19-08 for cybersecurity, Section 9.

c. Be observed by a USACE Trusted Agent to verify cyber compliance.

d. Initialize the system on-site.

e. Wipe media according to National Institute of Standards and Technology (NIST) Special Publication 800.88, Guidelines for Media Sanitization, before and after flight.

f. Process data through air-gap process described in APL 19-08, Section 9.

g. Leave camera lens covers installed until just prior to starting engine(s) and return them as soon as possible after landing.

h. Be disconnected from all networks during the mission (from initialization to shutdown).

Contractor Flight Requests. Contractor flights are not permitted without prior written approval (either signed paper copy, e-mail, or text message) by the Trusted Agent. The request shall include date(s), location, airframe, and purpose of the flight(s). The Contractor’s SUAS must be one of the systems approved for benign or controlled environments by the current USACE Army Cybersecurity Waiver. During all phases of SUAS flight operations, the contractor must:

a. Follow the cybersecurity requirements in USACE APL 19-08 Section 9, except paragraph 9.4. The contractor may use a non-ACE-IT machine for air-gapping data, but must ensure virus protections are up to date.

b. Be observed by a USACE Trusted Agent for compliance. The Trusted Agent is only authorized to observe cybersecurity compliance. All flight operations are the responsibility of the contractor.

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

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

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

1.5.14.3 Additional Requirements: The Contractor is responsible for ensuring 1) all personnel are a minimum of eighteen (18) years of age, 2) all personnel involved with the application of chemicals possess and maintain a valid 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 (i.e., non-native phragmites) at all growth stages, 4) all personnel involved with the operation of vehicles on public roadways possess and maintain a valid United States issued operator license during the period(s) of performance of this contract, 5) all vehicles and equipment operated on public roadways are legally registered, licensed, and insured to do so and meet all State and local laws, and 6) all personnel are trained and have working knowledge of the specific vehicles/equipment they will operate and tasks they are directed to perform.

1.5.15 E-verify: The Contractor must pre-screen Candidates using the E-verify Program (http://www.dhs.gov/E- Verify) website to meet the established employment eligibility requirements. The vendor must ensure that the candidate has two valid forms of Government issued identification prior to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible candidates must be provided to the COR no later than 3 business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government Representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

1.5.16 Security Requirements: All Contractor and all associated sub-contractors’ employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by Government Representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes. No background checks are required for this contract. The Contractor shall comply with all pertinent provisions of the Federal, State, and local regulations as stated in the applicable Safety & Health Requirements Manual per EM 385-1-1. EM 385-1-1 (available online at http://www.usace.army.mil/CESO/Pages/EM_385_1_1._aspx and shall take or cause to be taken such additional measures as the COR may determine to be reasonable and necessary for the purpose.

1.5.17 Physical Security Requirements: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. The contractor shall be responsible for locking access gates behind him immediately upon ingress/egress.

1.5.17.1 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.

1.5.17.2 In the event 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.

1.5.17.3 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 COR.

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

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

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

1.5.18.1.1.1 Notification of Chemical Spills, Damage, or Injury: The Contractor shall notify the COR immediately (on the day of occurrence/observance) of any chemical spillage, damage to Government property, and injury to any person resulting from the Contractor’s operations. In the event of a spill, the Contractor shall comply with state reporting requirements. In the event of a chemical spill, the Contractor shall adhere to the three C’s (Control, Contain, and Clean up) to the best of their ability and within their level of safety:

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

b) Contain the Spill (if possible).

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

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

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

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

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

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

1.5.20 Service Contract Act: Applicable Service Contract Act determination will be identified for this contract.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

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

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

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

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

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

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

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

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

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

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

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

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

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

2.2. ACRONYMS:

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

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: N/A

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

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

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

3.5 Materials: The government will furnish upon request: 1) Code of Federal Regulations, Title 36 Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects pamphlet; 2) USACE Manual EM 385-1-1 entitled “Safety and Health Requirements Manual” (electronic version); 3) initial hard-copy PAR form (an electronic fillable copy is available); 4) USACE Aviation Small Unmanned Aerial System (SUAS) Policies and Procedures, Aviation Policy Letter (APL) 19-08; 5) USACE Commercial Off-the-Shelf Small Unmanned Aerial System (SUAS) Exception to Policy Waiver; 6) local emergency telephone numbers; 7) enlarged vicinity maps/aerial photographs of work areas; and 8) a gate access key.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

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

4.2. Secret Facility Clearance: N/A

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

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

4.4.1. Aerial Imagery: The Contractor shall furnish aerial imagery that has been processed into a kmz file. Mapping needs to identify with high accuracy the areas of non-native phragmites targeted for spraying. Maps (i.e.,kmz file) to be provided to requesting USACE Project for review and approval at least 30-days before scheduled aerial spray.

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

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

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

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

PART 5

SPECIFIC TASKS

5. SPECIFIED TASKS:

5.1. Basic Services: The Contractor shall provide services to chemically control target vegetation (i.e., non-native phragmites) without damaging nearby vegetation. Areas that are to be sprayed will be identified with aerial map with defined locations of target vegetation.

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

In no event will a failure to inspect the sites constitute grounds for cancellation of the contract after award. Site visits can be scheduled with the COR/Gov. POC at the sites identified in the contract if requested.

5.3 Type and Rates of Chemicals to be applied: Only those EPA registered chemicals approved for aquatic use in the state of Nebraska shall be applied. The aquatic formulation for glyphosate shall contain a minimum of 53% active ingredient, and aquatic formulation imazapyr shall contain a minimum of 28% of active ingredient. The location and estimated acreage of specific areas within each of the ten (10) MRRP mitigation sites identified for spraying shall be based on the survey and imagery results showing areas of one tenth (1/10) acre or more of non-native phragmite areas. The contractor shall apply the manufacturer-specified maximum mixture rate of herbicide for aerial applications - e.g., 5 pints of glyphosate and 5 pints of imazapyr mix per acre at an application rate of 5 gallons mix per acre to control vegetation. Adjuvants (surfactant, plus a drift retardant as needed to control spray drift) will be added per label directions to the mix; all adjuvants must be certified for aquatic use. The surfactant will consist of a non-ionic surfactant (NIS) with at least 80% active ingredient and mixed at 0.25% v/v (one quart per 100 gallons mix). A drift retardant may be added at the recommended label rate, but is optional per Contractor’s preference, keeping in mind that the Contractor shall be responsible for any damages due to drift to non-target vegetation. Pesticide will be paid based upon the proposed fixed price as outlined in the bid schedule and charges based upon the actual amount applied.

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

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

5.5 Notification: The Contractor shall notify the COR/Gov. POC by telephone no later than two working days prior to treatment. This will allow the COR/Gov. POC to be on site as needed. It will facilitate access, coordination with partners and other contractors, and communication with the public.

5.6 Survey and Aerial Imagery: The Contractor shall conduct a survey, collect aerial imagery, and map with high accuracy the size, density, and precise locations of invasive non-native phragmites (Australis phragmites subsp.

australis) along an 84-mile segment of the Missouri River at recovery program sites shown in the Table 2 below, as defined in this Performance Work Statement (PWS), and as referenced as CLIN item 0001 in the corresponding Pricing Schedule. Aerial imagery shall be collected in the Base Year, with aerial imagery collected in Option Years on an as needed basis and at the discretion of the COR. Survey imagery shall be of a high resolution to clearly and legibly identify areas of one tenth (1/10) acre in size or more, of non-native phragmites and distinguish from other vegetative cover. The imagery shall be processed into a kmz file and provided to the USACE for approval of the areas identified for aerial spraying. Surveying and imagery collection by use of an Unmanned Aerial System (UAS) must satisfy the operating requirements of FAA, applicable state and local laws, and USACE policy and procedures as listed in Part 1.15.13.1. The contractor shall perform to the standards in this contract.

The Contractor shall NOT start survey and imagery collection until given the approval from the COR. It shall be the Contractor's responsibility to provide the USACE 30-days for approval of areas identified for spraying before spraying applications begin. Holiday surveying/imagery collection will NOT be allowed without prior authorization from the COR. If unusually adverse weather conditions prevent the completion of the work within the allotted time frame, the Contractor shall submit, in writing to the COR, a request for a time extension, which must document the cause(s) for the work not being completed on time. 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 Contracting Officer (KO).

5.8. Spraying Activities: The Contractor shall perform aerial vegetation spraying via helicopter to chemically control non-native phragmites via appropriate chemical application at the sites listed in Table 2 below, and as referenced as CLIN item 0002 in the corresponding Pricing Schedule. Spraying shall NOT start until approval is given by the COR. The quantity of estimated acres in Table 2 below does NOT guarantee all acres will be sprayed each year. It shall be the Contractor's responsibility to start and provide a continuous spraying operation from day to day, weather permitting, until completion of the contracted work within the allotted time frame. The potential exists for work areas to be in close proximity to areas of human activity. The Contractor is to avoid contact with the public, work force, livestock, and crops with either spray or drift. Holiday applications will NOT be allowed without prior authorization from the COR. If unusually adverse weather conditions prevent the completion of the work within the allotted time frame, the Contractor shall submit, in writing to the COR, a request for a time extension, which must document the cause(s) for the work not being completed on time. 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 Contracting Officer (KO).

Table 2:

Site Name

Estimated Acres to Aerial Survey and

Image Estimated Acres to

Aerial Spray

Tobacco Island 2,503 5

Van Horns Bend 534 5

Civil Bend, NE 394 5

Hamburg Bend 2,350 90

Kansas Bend 783 10

Nishnabotna Bend 697 5

Sonora Bend 190 5

Brownville Bend 469 5

Langdon Bend 1,780 10

Cottier Bend 388 5

Total 10,088 145

5.8 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. If an herbicide application is made to an aquatic area, a weather forecast for the 24 hour period immediately following the application must be submitted with the PAR. All aquatic sensitive areas will meet Nebraska NPDES requirements.

5.9 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 4) for each area treated on the day of application. The PAR form(s) shall be submitted to the COR/Gov. POC within 10 days of the application. The contractor must collect accurate GPS data with commercial grade equipment that is compatible with Google Earth software. The contractor shall provide a kmz file for areas and total acres that were sprayed for payment verification.

5.10 Application Rates: Application rates will be adhered to as specified in this PWS.

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 shall comply with applicable sections (as listed in part 1.6.12.1) 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_385-1- 1.pdf).

6.1.2 The Contractor shall 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.usace.army.mil/Portals/2/docs/EP1165-2-316.pdf).

6.1.3 The Contractor, if operating a Small Unmanned Aerial System for survey and imagery, shall comply with the USACE Aviation Small Unmanned Aerial System (SUAS) Policies and Procedures and USACE Implementation Guidance for Exemption to Policy for the Operation of Unmanned Aerial System (UAS) on USACE-owned lands (copies of this policy and waiver are available at the Project Office).

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

7.2. Attachment 2/Technical Exhibit 2 – Deliverables Schedule

7.3. Attachment 3/Technical Exhibit 3 – Estimated Workload Data

7.4. Attachment 4/Technical Exhibit 4 – MRRP Mitigation Sites Map

7.5. Attachment 5/Technical Exhibit 5 – Pesticide Application Report

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS) 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 aerial surveying with high resolution imagery and process into a kmz file

The Contractor must provide services to the performance and safety standards outlined in this PWS,…