W9128F23Q0052.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F23Q0052 06-Jul-2023

b. TELEPHONE NUMBER

402-995-2668

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 07 Aug 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

BRIANNA BOEHNE

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 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:

34000000

NAICS:

115310

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 OF54

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.

W9128F23Q0052

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Prescribed Burn Contract

Garrison Project: Lake Sakakawea, Pipestem, and Bowman-Haley Projects

1. GENERAL. This is an Indefinite Delivery/Indefinite Quantity (IDIQ) Firm Fixed-Price service contract to provide prescribed burning services at the Garrison Project, ND, including the Pipestem and Bowman-Haley projects, ND.

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 primary goal is to properly eliminate 100% of existing vegetation within areas of interest via prescribed burning. Follow-up maintenance after the prescribed burn will not be required as the work will be completed the day of the burn. The work will not be deemed complete until 100% of all embers and burning vegetation have been extinguished. Each assigned prescribed burn area task order will be presented to the contractor with a map of the area.

Note: Contractor is liable for all replacement costs and mitigation of all damages accrued to government property outside of the area assigned for the burn and private property if the prescribed fire escapes the boundaries of the assigned burn area.

1.3. GENERAL INFORMATION

1.3.1. PLACE OF PERFORMANCE. Task orders associated with this contract may be issued for locations within the state of North Dakota managed by USACE. The possible locations for the prescribed burns include Garrison project and surrounding Lake Sakakawea in North Dakota including McLean, Mercer, McKenzie, and Mountrail counties; Pipestem project in Stutsman county; and Bowman-Haley project in Bowman county.

1.3.2. PERIOD OF PERFORMANCE. The period of performance shall be for five years from the date of award to completion of the fifth year activities post-award. Period of Performance for prescribed burning operations will be determined by individual Task Order.

The Period of Performance reads as follows, or when the maximum contract ceiling value is reached, whichever occurs first:

Period of Performance: Date of Contract Award - 10/31/2027

1.3.3. CONTRACT TYPE. This is an Indefinite Delivery/Indefinite Quantity (IDIQ) Firm Fixed-Price service contract. Performance of services will be scheduled by placing orders with the contractor during the specified contract period.

1.3.4. CONTRACT/TASK ORDER LIMITATION. The dollar threshold for all task orders to be placed against this contract over the five year period of performance shall not exceed $1,900,000.00.

1.3.5. 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 contractor’s 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.

1.4. 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 Contracting Officer’s Representative (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 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. 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.

1.8. 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

e) Burn Plan

1.9. 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_3 85-1-1.pdf

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

1.9.1. 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.

1.9.2. 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.

1.10. 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.

1.11. PAYMENT

1.11.1. The contractor may invoice for completed work at the end of each task order once the burn has been completed and meets the establishment thresholds highlighted in section 8. 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.

1.11.2. 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.

1.12. 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.

1.13. 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.

2. 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

3. ANTITERRORISM/OPERATION SECURITY REQUIREMENTS. The contractor will coordinate with the COR and /or the facility security office for access when required. 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. 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. 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.

6. SPECIFIC TASKS

6.1. BASIC SERVICES. The contractor shall provide services for the safe and controlled prescription of burning on Corps managed property.

Other tasks include:

Surveying and assessing site features, fuel types present, and area challenges before burning commences.

Notification of are law enforcement professionals and county fire departments in the jurisdictional area of the burn prior to the day of the burn.

Extinguishing 100% of all smoldering or burning material before leaving the burn site.

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, UTILITIES,

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 as well as NWCG requirements pertaining to prescribed burns. 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 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. SITE CONDITIONS PRIOR TO AND DURING BURN. The contractor is responsible for determining burning conditions due to factors such as weather prior to mobilization to the site.

If unfavorable or poor site conditions or unfavorable weather occurs prior to or during prescribed burn work, the contractor shall be responsible to either not commence fire operations or discontinue fire operations until favorable conditions are present.

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:

Constitute a hazard to the work, persons, or property;

Will not produce finished work in accordance with terms of the contract; or Are contrary to specified means or methods included in the contract.

b) 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 COR.

c) The COR’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. 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. 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 only be used after prior approval from the project office. Archaeological resources on project land dictates the disking of Corps property to a depth greater than two inches will not be permitted. It is recommended that all safety features on all pieces of equipment be intact and functioning properly to ensure the safety of all parties during the completion of this contract.

7.2. PRE-BURN SITE VISIT

A site visit by the contractor is required to commence work to assess the site. A pre-burn assessment of the fuel load, types of fuels, access routes, and general layout of the area is required.

The site assessment write up should accompany the AHA, APP, proof of insurance and burn plan.

It may be included as a separate section in the burn plan itself as well.

7.3. 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 Contractor is responsible for ensuring suitable firebreaks are present to contain the burn within the designated burn areas.

7.4. 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.

i. Appendix “A”. Utilize appendix “A” to assist in the prescribed burn planning for this contract. Fill out, complete and submit the appendix “A” attachment to the COR for approval prior to performing the prescribed burn. Note: the approval of the burn plan may take one work week from day of submittal to final approval.

8. 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 Performanc e 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 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% Completion

Random Inspection

PRS #3

Partake in a pre-burn meeting with the COR.

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

100% Completion

100% Inspection

PRS #4

Perform all pre-burn preparations, notify the appropriate organizations, emergency response agencies the day of the burn.

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

100% Completion

Random Inspection

PRS #5

Provide an official assessment write-up to the COR about the prescribed burn including all pertinent information.

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

100% Completion

Random Inspection

9. ATTACHMENTS

Appendix “A” Prescribed Fire Plan

APPENDIX “A”

PRESCRIBED FIRE PLAN

R-1. Prescribed Fire Plan. As required, prior to implementing a prescribed fire, which includes debris burning, a prescribed burn plan shall be prepared. The prescribed burn plan will outline in detail those elements, objectives, and techniques necessary to ensure that public and private resources are protected, while achieving predetermined project goals.

The prescribed burn plan will adhere to guidance and policy previously established in the wildland fire management plan.

R-2. Preparation. A basic outline is provided below. The District Commander may dictate specific formats and detailed guidance. The subjects below are considerations that should be addressed and may be included in all plans.

1. Cover Page

a. Prepared By

b. Reviewed By

c. Approved By

(1) Corps of Engineers

(2) State (If Applicable)

(1) Local (If Applicable)

(2) Other Federal Government Entities (If Applicable)

d. Date Prepared

e. Fire Out Certification

2. Project Objectives (fire plan objectives i.e., fuel reduction, wildlife habitat, etc)

3. Prescribed Fire Objectives/Range of Acceptable Results

4. Project Location (proposed fire location on the project)

5. Project Area Description

a. Project Area Size

b. Fire Area Size

c. Elevation

d. Slope

e. Fuel Model System - National Fireland Fuel Model (NFFL)

f. Vegetation Type

g. Narrative

h. Test Fire Results

i. Sensitive/Protected Areas/Threatened and Endangered Species

a. Prescribed Fire Description - Desired Flame Length

b. Fixed Indicators

(1) Dead Fuel (%)

(2) Live Fuel Moisture (%)

(3) Average Slope

(4) Aspect

(5) Continuity of Fuels

(6) Season

c. Variable Indicators

(1) 1 Hour Timelag Fuel Moisture (%)

(2) 10 Hour Timelag Fuel Moisture (%)

(3) Relative Humidity

(4) Wind Speed/Direction

(5) Air Temperature/Stability

(6) Prescription Window – (Include fire behavior predictions and list the fuel models used for that prediction.)

6. Firing Techniques and Equipment

7. Pre-Burn Monitoring

a. Weather (existing/predicted conditions)

b. Vegetation (predominant vegetative communities present)

c. Soils (basic type present and are there any environmental/fire effect concerns)

8. Preparation for Burning (list what needs to be done and when--can serve as check list or as a Go/No Go procedure)

9. Smoke Management

a. Dispersal Direction/Mixing Height

b. Stability/Inversion Factors

c. Visibility Concerns

d. Other Conditions (proximity to residents, etc.)

e. Air Pollution Coordination and Control

10. Holding, Mop-Up, and Patrol Plan

11. Escape Contingency Plan (Includes what to do if control of the fire is lost)

12. Safety Plan and Activity Hazard Analysis

13. Public Information and Involvement

a. Pre-burn Involvement/Coordination (includes contacts, dates, and responsibility)

b. Burn Day Notification (includes agencies, phone numbers, and responsible person for making contact)

14. Communications Plan

15. Personnel Organization (Includes personnel involved and their assigned tasks)

16. Cost Summary (Include one to show cost/benefit of using fire versus other techniques)

17. Post Burn Evaluation

a. Date

b. Ignition Start Time

c. Ignition Stop Time

d. Prescribed Burn Results (accomplishments)

e. Narrative (problems, concerns, complaints, positives, etc.)

f. Weather

18. Maps

19. Prescribe Fire Report

a. Name of Burn

b. Ignition Time Date

c. State

d. County

e. Project

f. District

g. Longitude/Latitude

h. Township, Range, & Section

i. Elevation

j. Fuel Moisture

k. NFFL Fuel Model

l. Acres Planned

m. Type of Burn

(1) Planned Ignition (timber type)

(2) Planned Ignition (range type)

(3) Pile Burning

(4) Unplanned Ignition

(5) Other

n. Purpose of Burn

(1) Hazard Reduction

(2) Site Preparation

(3) Wildlife Habitat Improvement

(4) Range Improvement

(5) Ecosystem Maintenance

(6) Other

o. Land Classification

(1) Wilderness

(2) Non-wilderness

p. Fuel Loading (pre-existing in tons/acre)

q. Post Burn Information

(1) Actual Acres Burned

(2) Date Project Completed

20. Complexity Elements Worksheet

21. Prescribed Fire Summary Complexity Rating Sheet

22. Fire Weather Forecast

23. Maps

24. Coordination

a. State

b. Local

c. Other Federal Government Entity

PRICING SCHEDULE

PRICING SCHEDULE

Prescribed Burn Contract

Garrison Project: Lake Sakakawea, Pipestem, and Bowman-Haley Projects

The U.S. Army Corps of Engineers at the Garrison Project in North Dakota are requesting that all potential contractors submit a completed bid sheet in addition to all other pertinent documentation requested to be found eligible for this contract. The prescribed burns must fully comply with all state and federal burn laws and must never be accomplished during a county burn ban. All prescribed burn projects will be submitted to the contractor via a task order complete with aerial imagery, acres of burn requested, the goal of the prescribed burn (detritus layer reduction in inches), and all other applicable information prior to the contractor performing a burn.

Garrison Project: Lake Sakakawea, Riverdale ND Includes all requested burns in McLean, Mercer, McKenzie, and Mountrail counties Year Price/Acre ($) Price/Burn Location

Charge ($) Labor ($)

FY23

Included in price of burn

FY24

FY25

FY26

FY27

Pipestem Project: Pipestem Dam, Jamestown, ND Includes all requested burns in Stutsman county Year Price/Acre ($) Price/Burn Location

Charge ($)

FY27

Bowman-Haley Project: Bowman-Haley Dam, Bowman, ND Includes all requested burns in Bowman county Year Price/Acre ($) Price/Burn Location

Charge ($)

FY27 Included in price of burn

CLAUSES INCORPORATED BY FULL TEXT

Addendum; Instructions to Offerors—Commercial Items

Please provide the following information with your proposal - Company’s Name as it appears on SAM:

Company’s Address as it appears on SAM:

CAGE CODE:

Unique Entity ID:

TIN:

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF1449, letterhead stationary, or as otherwise specified in the solicitation. Offers must be submitted electronically, unless other arrangements have been made. Send completed offers to Brianna Boehne, Contract Specialist at Brianna.Boehne@usace.army.mil.

The proposal shall consist of one (1) pdf document not to exceed 25 pages. The price worksheet will not count towards the 25 page limit. The Government may not review any additional pages after 25. As a minimum, offers must include with their proposal:

(1) The solicitation number;

(2) The name, address, federal tax identification, email, and telephone number of the offeror;

(3) Names, title, email, and telephone number of persons authorize to negotiate and sign the proposal;\

(4) All required technical, past performance, and price factor information stated in FAR 52.212-2, Evaluation – Commercial Items;

(5) A statement specifying agreement will all terms, conditions and provisions included in the solicitation.

Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration;

(6) Acknowledgement of Solicitation Amendments, if applicable;

(7) A completed copy of the representations and certifications at FAR 52.212-3, if applicable (see FAR 52.213- 3(b) for those representations and certifications that the offeror shall complete electronically); and

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from 52.21 the date specified for receipt of offers.

(m) Questions. All questions pertaining to this combined synopsis and solicitation shall be in writing, directed to the attention of Brianna Boehne, Contract Specialist at Brianna.Boehne@usace.army.mil. All questions shall be submitted not later than seven (7) calendar days prior to the proposal due date, in order to ensure adequate time is allotted for form an appropriate response and if needed, amend the solicitation. Offerors are requested to review the solicitation in its entirety for answers to questions, prior to submitting a new question.

(n) Insurance Required (FAR 52.228-5): In accordance with FAR 28.307-2, “Liability,” the contractor shall procure the following minimum insurance:

Type Amount Workman’s Compensation and Employer’s Liability Insurance $100,000 General Liability Insurance $1,000,000 per occurrence

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

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

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

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

Passenger Liability Bodily Injury $200,000 multiplied by the number of seats or passengers, whichever is greater

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

(o) State and Local Taxes:

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

107. The U.S. Army Corps of Engineers Tax ID Number is 62-1642142. Contractors performing services for the U.S.

Army Corps of Engineers are not exempt from state and local taxes in transactions with vendors, suppliers or subcontractors.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Past Performance - The quoter shall provide three (3) references of projects completed within the past five

(5) years. Experience consists of projects completed as a prime contractor or projects of qualified subcontractors that have the capabilities to perform this work. These references need to be equal to or similar in scope of this requirement. The contractor shall provide dates and pertinent information to demonstrate how they are comparable to this requirement in size and complexity. The contractor shall include points of contact, titles, telephone numbers, and email addresses (if available) for all references.

Additionally, past performance may be based on the contracting officer’s knowledge of and previous experience with similar purchases acquired and any information contained in the Governmentwide Contractor Performance Assessment Reporting System (CPARS), contained at https://cpars.gov/.

The quoter will receive a rating of exceptional for past performance that demonstrates successful completion of similar purchases on all references and the additional information retrieved from CPARS and from the Contracting Officer is favorable. The quoter will receive a rating of satisfactory for past performance that has at least one reference that demonstrates successful completion of similar purchases and the information from CPARS and the Contracting Officer is favorable. The quoter will receive a rating of unsatisfactory for past performance that does not demonstrate any successfully completed similar purchases on the references and the additional information from CPARS and the Contracting Officer is not favorable.

2. Price – The quote shall be inclusive of all costs to perform the work specified in the PWS and pricing schedule.

Past performance is more important than price. The award will be based on whether the lowest priced of the quotations having the highest past performance rating possible represents the best value when compared to any lower priced quotation or offer.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

ORDERING PROCEDURES

ORDERING PROCEDURES FOR TASK ORDERS

I. GENERAL:

PERFORMANCE REQUIREMENTS: Performance Requirements will be established in each task order Performance Work Statement.

Individual Task Orders contemplated under this solicitation may range from $1,000.00 to $250,000.00.

The minimum Task Order amount is $1,000.00 for any given Task Order. When the Government requires supplies or services covered by this contract in amount of less than $1,000.00 for any one Task Order, the Government is not obligated to purchase, nor is the Contractor obligated to furnish those items under the contract.

II. ORDERING PROCEDURES:

1) ORDERING: To clarify the contract clause 52.216-18 - Ordering, the following shall apply:

a. Proposals for each task order shall be requested in writing. Letter requests for proposal will be issued by the Contracting Officer. Oral or telecommunication requests will be issued only by the Contracting Officer.

Any type of request for proposal shall not be interpreted as a Notice to Proceed with the work.

b. The Government request for proposal will delineate (1) general scope of work; (2) location of work; (3) character and extent of services; (4) technical requirements which supplement or complement those contained within the Performance Work Statement of this solicitation; and (5) time period(s) within which the work must be performed.

c. Task orders will be evaluated for technical acceptability. The contractor shall prepare a firm fixed price proposal to perform the work and submit his/her proposal in writing to the individual and within the time specified in each request for proposal. Verbal proposal, when so requested and authorized, shall be directed only to the Contracting Officer.

d. Each task order will be discussed by the contractor and the Contracting Officer, as…