AM0002_W9128F23Q0083_31 Aug 2023.pdf

W59XQG30445522

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

AM0002: 31 August 2023

The purpose of this amendment is to change the quote due date from 25 August 2023 to 14 September 2023. The amendment also serves to revise the price schedule. See SF30 Block 14 Continuation Page for the updated price schedule.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 18

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 31-Aug-2023

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W9128F23Q0083

X 9B. DATED (SEE ITEM 11)

10-Aug-2023

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

31-Aug-2023

CODE

ARMY CORPS OF ENGINEERS

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

W9128F 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9128F23Q0083

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

REVISED PWS (AM0002)

PERFORMANCE WORK STATEMENT (PWS)

Native Prairie Restoration Contract

Garrison Project: Lake Sakakawea, Pipestem, Bowman-Haley

REVISED 31 Aug 2023 AM0002

1.0 GENERAL. This is a non-personal services Indefinite Delivery/Indefinite Quantity (IDIQ) Single Award Task

Order Contract (SATOC) to provide prairie restoration services at the Garrison project including the Pipestem and

Bowman-Haley projects. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. Task orders issued under this contract shall not exceed $1,900,000.00.

1.1 DESCRIPTION OF SERVICES/INTRODUCTION. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform all tasks in the restoration of grassland on Corps property as defined in this Performance Work Statement.

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

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

1.3 PERIOD OF PERFORMANCE. The ordering period shall not exceed 5 years from the date of award and shall consist of a 3-year base period of performance and one (1) 2-year option. The PoP of each task order under this contract is expected not to exceed 1 year from approval of the task order. The contractor may invoice for completed work at the end of each task order once the area of restoration meets the establishment thresholds highlighted in section 7.8.

The Period of Performance reads as follows:

Base: 22 September 2023 (or date of award) – 21 September 2026

Option: 22 September 2026 – 21 September 2028

1.4 CONTRACTOR PERSONNEL

1.4.1 The contractor shall provide a person who shall be responsible for the performance of the work (one point of contact). The name of this person and alternates who shall act for the contractor shall be designated in writing to the

Contracting Officer and the COR within ten (10) days after date of award. Telephone numbers shall be provided where the Project Manager and alternate may be contacted 24/7.

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

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

Government at the start of the contract.

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

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

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

1.4.7 SUBCONTRACTING. The contractor shall not subcontract any work without written approval of the

Contracting Officer. Compliance with the provisions of this contract by subcontractors shall be the responsibility of the contractor.

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

1.6 QUALITY ASSURANCE. The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

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

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

1.6.3 Government Remedies: The Contracting Officer or the COR shall follow FAR 52.212-4, Contract Terms and

Conditions – Commercial Items, for contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

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

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

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

COR for approval.

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

1.7 HOURS OF OPERATION. The contractor is responsible for conducting business on site, between the hours of

6:00AM – 9:00PM, Monday through Sunday except on Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

Traveling to and from the work site can take place at the contractors discretion. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The

Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the

Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.8 PRE-WORK MEETING. Prior to commencing any activities, the contractor shall arrange a Pre-work Meeting with the COR. The Meeting shall discuss the work requirements, scheduling, submittal process, review of the Activity

Hazard Analysis (AHA), and Abbreviated Accident Prevention Plan (AAP). At least one (1) week prior to commencing work, the Contractor shall coordinate their proposed work schedule with the COR.

1.9 SUBMITTALS. Prior to commencement of services, the Contractor shall submit the following documents to the

COR for review and approval:

a. Activity Hazard Analysis (AHA);

b. Abbreviated Accident Prevention Plan (APP)

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

d. Proof of Insurance for Contractors and Subcontractors;]

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

a. Code of Federal Regulations (CFR), Title 36, Chapter III, Part 327, Rules and Regulations Governing Public

Use on Corps of Engineers Water Resource Development Projects EP 1165-2-316

(http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2-

316.pdf?ver=2013-08-22-104526-670)

b. Engineering Manual (EM) 385-1-1 (USACE – Safety and Health Requirements Manual), dated November

2014; http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

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

1.10.1 ACTIVITY HAZARD ANALYSIS (AHA). The contractor shall prepare the AHA in accordance with

Paragraph 01.A.14 or 01.A.15 of the EM 385-1-1. If using Paragraph 01.A.15, prepare the AHA IAW Figure 1-2.

Note: Contractors and other individual employer’s typically use Job Safety Analyses (JSAs), Job Hazard Analyses

(JHAs), or similar Risk Management assessment tools. The government considers equivalent to, and acceptable substitutes for, the USACE’s AHA provided the data collected is the same as that required by the AHA, commensurate with the type of services the contractor is performing.

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2-316.pdf?ver=2013-08-22-104526-670 http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2-316.pdf?ver=2013-08-22-104526-670 http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

1.10.2 ABBREVIATED ACCIDENTAL PREVENTION PLAN (APP). EM 385-1-1 in its entirety may be too complex for the type of work performed under these contracts; contractors may reference Appendix A, for abbreviated

Accident Prevention Plan (APP). The contractor shall only need to submit items in Appendix A that are pertinent to the contract. The contractor shall use a qualified person to prepare the site-specific abbreviated Accident Prevention

Plan (APP). The contractor shall prepare the APP in accordance with the format and requirements of the EM 385-1-1 and supplemented herein. The contractor shall sign and submit the APP for approval prior to the start of work onsite.

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

1.12 PAYMENT

1.12.1 The government will make payment upon completion of all services for the applicable task order, after the government has inspected and accepted the services, and the government has reviewed, approved, and processed the contractor’s invoice. The contractor shall submit the invoice to the COR and/or any other person that has been designated in the contract to receive the invoice.

1.12.2 The contractor must provide the contractor’s name, address, contract number, period of services completed

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

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

Contracting Officer’s Representative (COR): Means an individual designated and authorized in writing by the

Contracting Officer to perform specific technical or administrative functions.

PWS: Performance Work Statement

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

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

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

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

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

Shall: Imperative

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

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

3.0 ANTITERRORISM/OPERATION SECURITY REQUIREMENTS. The contractor will coordinate with the

COR and /or the facility security office for access when required. (Use when security clearances are not required, i.e.

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

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

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

Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

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

6.0 SPECIFIC TASKS

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

Other tasks include:

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

Burning of site (if deemed necessary to successfully complete contract)

Mowing of site (multiple times if necessary)

Spraying of site (multiple applications if necessary)

Light Disk/Harrow of site (if deemed necessary to successfully complete contract)

Seeding of site with drill

Broadcast seeding of site (if deemed necessary to successfully complete contract)

[All tasks that are “if deemed necessary” will be discussed with the COR and contractors point of contact]

6.2 WORK SEQUENCE

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

6.3 USE OF THE PREMISES

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

Areas permitted for personnel parking;

Access to the site;

Areas permitted for storage of materials and debris;

Areas permitted for the loading and unloading of materials

6.4 GOVERNMENT FURNISHED SERVICES, FACILITIES, UTILITES, EQUIPMENT AND

MATERIALS

Services: The government will perform QA through inspections.

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

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

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

Materials: The government will furnish: 1) CFR, Title 36 Rules and Regulations Governing Public Use on Corps of

Engineers Water Resource Development Projects pamphlet; 2) USACE Manual EM 386-1-1 entitled "Safety and Health

Requirements Manual", dated July 2014 (electronic version); 3) ORV permit(s); 4) additional copies of the attachments

(upon request); 5) area of avoidance lists (due to human activity or T&E species); 6) local emergency telephone numbers;

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

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

6.5 CONTRACTOR FURNISHED SERVICES, FACILITIES, UTILITIES,

EQUIPMENT, AND MATERIALS

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

Facilities: The contractor shall furnish his own facilities.

Utilities: The contractor shall furnish his own utilities.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7.1 SEED MIX REQUIREMENTS

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

7.2 EQUIPMENT REQUIREMENTS

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

7.3 PRE-RESTORATION MONITORING OF SITE

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

The contractor will be allowed to use any surveying method of their choosing if approved by the COR before commencement of the survey.

7.4 POST-EMERGENCE MONITORING

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

7.5 SITE PREPARATION

The minimal requirements of site preparation are as follows:

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

Garrison project, existing living vegetation such as grasses and noxious weeds must be eliminated to a standard of

98% prior to seeding. The existing living vegetation must be dead and not simply suppressed before planting. This standard may be measured via numerous methods. The method to which the contractor decides to measure the 98% standard prior to planting must be pre-approved by the COR as an acceptable method of accruing such data.

7.6 HERBICIDE USE FOR SITE PREPARATION

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

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

7.7 PLANTING METHODS

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

7.8 ESTABLISHMENT THRESHOLDS

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

7.9 BURNING REQUIREMENTS

https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044175.pdf

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.

http://www.nifc.gov/

g. Position Hazard Analysis. All personnel engaged in fire management activities shall have a Position

Hazard Analysis (PHA) completed for the type of work being performed. This will include all of the hazards that an employee may encounter

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

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

Performance Objective

PWS

Para.

Performance Standard Performance

Threshold

Method of Assessment

PRS #1

Perform an on-site visit of restoration area.

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

100%

Completion n/a

PRS #2

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

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

100%

Completion

100% Inspection

PRS #3

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

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

COR for documenting.

100%

Completion

Random Inspection

PRS #4

Partake in a pre-work meeting with the COR.

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

100%

Completion

100% Inspection

PRS #5

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

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

100%

Completion

Random Inspection

PRS #6

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

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

100%

Completion

100% Inspection

PRS #7

Perform all maintenance methods as needed.

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

100%

Completion

Random Inspection

PRS #8

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

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

100%

Completion

100% Inspection

PRS #9

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

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

100%

Completion

Random Inspection

PRS #10

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

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

100%

Completion

100% Inspection

8.0 Attachments:

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

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 insure 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)

(3) Local (If Applicable)

(4) 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 DescriptionDesired 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

Other Federal Government Entity

The following have been modified:

QUOTE SHEET

Revised 31 Aug 23 (AM0002)

Garrison Project: Lake Sakakawea, Riverdale ND

Year Price/Acre ($) Price/Acre for Seed ($) Labor ($)

Year 1 Included in price/acre Included in price/acre

Year 2 Included in price/acre Included in price/acre

Year 3 Included in price/acre Included in price/acre

Year 4 Included in price/acre Included in price/acre

Year 5 Included in price/acre Included in price/acre

Pipestem Project: Pipestem Dam, Jamestown ND

NOTES:

1. Prices per acre should include all costs associated with required work, to include supplies, labor, fringe, taxes, profit, fees, etc.

2. Price will be evaluated by calculating the sum of all lines: the total for all years for each location.

3. If the option at 52.217-8 is exercised (CLIN 0003), the pricing current at the time the option is exercised.

For example, if the option at 52.217-8 is exercised after the 3-Year base, the pricing for the 6-month extension shall be Year 3 (FY26) pricing. If the option at 52.217-8 is exercised after the 2-Year option, the pricing for the 6-month extension shall be Year 5 (FY28) pricing.

Year Price/Acre ($) Price/Acre for Seed ($) Labor ($)

Year 1 Included in price/acre Included in price/acre

Year 2 Included in price/acre Included in price/acre

Year 3 Included in price/acre Included in price/acre

Year 4 Included in price/acre Included in price/acre

Year 5 Included in price/acre Included in price/acre

Bowman Haley Project: Bowman Haley Dam, Bowman ND

Year Price/Acre ($) Price/Acre for Seed ($) Labor ($)

Year 1 Included in price/acre Included in price/acre

Year 2 Included in price/acre Included in price/acre

Year 3 Included in price/acre Included in price/acre

Year 4 Included in price/acre Included in price/acre

Year 5 Included in price/acre Included in price/acre

The following have been deleted:

REVISED PWS (AM0001)

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 25-Aug-2023 02:00 PM to 14-Sep-2023 02:00 PM.

DELIVERIES AND PERFORMANCE

The following Delivery Schedule item for CLIN 0001 has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 01-SEP-2023 TO

31-AUG-2026

N/A COE GARRISON PRJT OFC NTR RSC SEC

ANDREW LILLEJORD

USAED, OMAHACENWO-OD-GA-N

PO BOX 527

RIVERDALE ND 58565

701-654-7758

FOB: Destination

968708

To:

POP 22-SEP-2023 TO

21-SEP-2026

N/A COE GARRISON PRJT OFC NTR RSC SEC

ANDREW LILLEJORD

USAED, OMAHACENWO-OD-GA-N

PO BOX 527

RIVERDALE ND 58565

701-654-7758

The following Delivery Schedule item for CLIN 0002 has been changed from:

POP 01-SEP-2026 TO

31-AUG-2028

N/A COE GARRISON PRJT OFC NTR RSC SEC

ANDREW LILLEJORD

USAED, OMAHACENWO-OD-GA-N

PO BOX 527

RIVERDALE ND 58565

701-654-7758

To:

POP 22-SEP-2026 TO

21-SEP-2028

N/A COE GARRISON PRJT OFC NTR RSC SEC

ANDREW LILLEJORD

USAED, OMAHACENWO-OD-GA-N

PO BOX 527

RIVERDALE ND 58565

701-654-7758

(End of Summary of Changes)