W9128F23R0053 - Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F23R0053 17-May-2023

b. TELEPHONE NUMBER

402-995-2585

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 31 May 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9128F9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

GLORIA GARSIDE

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 968818 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 OAHE PRJT OFC MNTN SEC

RUSSELL SOMSEN

USAED, OMAHACENWO-OD-OA-M

28563 POWERHOUSE RD

PIERRE SD 57501

TEL: (605) 945-3421 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$ 9,500,000.00

NAICS:

561730

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 OF112

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.

W9128F23R0053

Section SF 1449 - CONTINUATION SHEET

PWS

PERFORMANCE WORK STATEMENT (PWS)

LAKE OAHE VEGITATION CONTROL SPRAYING BY ALL TERRAIN VEHICLE (ATV) OR UTILITY

TERRAIN VEHICLE (UTV)

US ARMY CORPS OF ENGINEERS

NORTH DAKOTA AND SOUTH DAKOTA

PART 1

General Information

1. GENERAL: This is an Indefinite Delivery/Requirements Services contract to provide all labor, supervision, certain equipment/supplies, and transportation to provide weed/vegetation control spraying for the US Army Corps of Engineers (USACE).

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, herbicide, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform weed control spraying via ATV/UTV for the USACE as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: This requirement requires a licensed commercial applicator to provide weed/vegetation spraying to USACE managed areas in North and South Dakota. Site may include but are not limited to Lake Oahe which stretches from Pierre, South Dakota to Bismarck, North Dakota.

1.3 Objectives: Our primary goal is to effectively control noxious weeds/invasive species and unwanted vegetation at the Oahe Project without damaging nearby trees and shrubs and minimizing damage to desirable ground vegetation.

Noxious weeds/invasive species targeted for control may include Canada thistle (Cirsium arvense), leafy spurge (Euphorbia esula), saltcedar (Tamarix spp.), Absinth Wormwood (artemisia absinthium) and other species.

1.4 Scope: The Contractor shall provide all labor, tools, transportation, materials, and equipment necessary to chemically control target vegetation as listed in Part 5 (Specific Tasks). The Contractor will chemically control target vegetation without damaging nearby trees and shrubs and will minimize damage to non-target ground vegetation. Various types of chemical applications may be required. Some areas may require spot treatments, while others may require solid coverage. The Contractor shall follow all label instructions for mixing (including the addition of any adjuvants) and applying all herbicides. All herbicides shall be applied at the manufacturer specified mixture rate. All spray equipment shall be properly calibrated prior to spraying. All vegetation control operations shall be conducted in a safe and professional manner. The contractor is also responsible for accurately completing a Pesticide Application Record (PAR) for each application.

1.5 General Information

1.5.1 Place of Performance: Task Orders associated with this contract may be issued for locations within the states of North Dakota and South Dakota managed by USACE.

1.5.2 Period of Performance: Period of Performance for spraying operations will be determined by individual Task Order. Task Orders may be issued against this contract for a period of 5 years from date of award or when the maximum contract ceiling value is reached, whichever occurs first.

1.5.3 Contract Type: This is an Indefinite Delivery/Indefinite Quantity (IDIQ) firm fixed service contract. A requirements contract provides for filling all actual purchase requirements of designated Government activities for supplies or services during a specified contract period (from contract holder(s)), with deliveries or performance to be scheduled by placing orders with the contractor.

1.5.4 Hours of Operations: The Contractor is responsible for conducting business, between sunrise and sunset, Monday thru Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Additional performance parameters may be established within individual Task Orders.

1.5.5 Recognized Holidays: The contractor will not perform services on recognized Federal Holidays, unless authorized within specific Task Orders or approved by the COR.

1.5.6 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 $500,000.00. IAW FAR Clause 52.219-14, Limitation of Subcontracting, the Offeror agrees that in performance of the contract at least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

1.5.7 Payments and Invoicing: The Contractor shall submit one itemized invoice per task order for payment which shall include the chemical costs and hours of application. The Contractor shall only be reimbursed for chemicals used and actual acres spray as recorded on the submitted PAR forms. Each invoice shall be mailed to the COR and shall include the following information: Contractor's name and address exactly as it appears in Block 17a of SF Form 1449, contract number, and date. Payment will be made after satisfactory completion, inspection, and acceptance by the COR of all agreement work performed, upon presentation to the Disbursing Officer of an invoice covering the services rendered. Payment is generally received 4-6 weeks after submittal of a complete invoice.

Payment will be made via Electronic Funds Transfer (EFT).

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

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

1.5.10 Insurance: The Contractor shall be fully insured against any potential damages relating to the work specified herein. The Contractor is liable for any damage to adjacent private property such as, but not limited to, turf, roads, fences, etc. The Contractor shall provide a copy of certificate of insurance to the COR at the pre-work conference.

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

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

1.5.12 Quality Assurance: The Government shall evaluate the contractor’s performance under this contract, IAW Part 7 of this Performance Work Statement. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

The COR or a Government Representative at the COR request will be allowed to obtain a sample of the chemical being used for testing at any time or place when the Contractor is on Government property. If the Contractor is found to be using a chemical off-label or a chemical not approved for use by the Contracting Officer (KO), the agreement may be terminated, and the Contractor shall be held liable for any damages and pay for the completion of the agreement by a different source. The COR or other Government Representative will be allowed to observe, photograph, and inspect all work activities conducted in completion of this PWS. The Contractor will not be paid for any work performed that is deemed defective by the COR. Any defective service(s) noted by the COR shall be corrected at no additional cost to the Government. The Contractor shall be responsible to perform only that work specified within the scope of this PWS executed by a valid TO and shall receive no compensation for any work performed that is not specified within the PWS. No Government personnel will be allowed to assist the Contractor with actual spraying activities or supervision of the Contractor's personnel.

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

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

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

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

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

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

1.5.14.3 Additional Requirements: The Contractor is responsible for ensuring 1) all personnel are a minimum of eighteen (18) years of age, 2) all personnel involved with the application of chemicals possess and maintain a valid commercial applicator license with the appropriate pesticide certification classification(s) during the period(s) of performance of this agreement, 3) all personnel involved with the application of chemicals have the ability to correctly identify all target species at all growth stages, 4) all personnel involved with the operation of vehicles on public roadways possess and maintain a valid United States issued operator license during the period(s) of performance of this contract, 5) all vehicles and equipment operated on public roadways are legally registered, licensed, and insured to do so and meet all State and local laws, and 6) all personnel are trained and have working knowledge of the specific vehicles/equipment they will operate and tasks they are directed to perform.

1.5.15 Security Requirements: General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures—this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

1.5.15.1 Suspicious Activity Reporting training (e.g., iWATCH, CorpsWatch, or See Something, Say Something):

All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

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

1.5.16 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use.

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

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

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

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

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

b) Contain the Spill (if possible).

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

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

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

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

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

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

1.5.19 Phase In/Phase Out Period: N/A

1.5.20 Service Contract Act: Applicable Service Contract Act determination will be identified within each Task Order proposal request.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

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

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

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

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

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

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

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

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

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

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

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

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

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

2.2. ACRONYMS:

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

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: N/A

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

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

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

3.5 Materials: The government will not furnish any materials to the contractor.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

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

4.2. Secret Facility Clearance: N/A

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

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

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

4.5.1 Spraying Equipment: Chemical application shall be accomplished by the use of land-based piece of equipment example: ATV/UTV.

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

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

PART 5

SPECIFIC TASKS

5. SPECIFIED TASKS:

5.1. Basic Services: The Contractor shall provide services to chemically control target vegetation without damaging nearby trees and shrubs and minimize damage to non-target ground vegetation. Some areas may require spot treatments, while others may require solid coverage. Application rates for herbicides may be specified in the task order or the Contractor may need to determine the proper application rate based on conditions. Application rates shall be such that the target species is killed and not simply injured. Areas that are to be sprayed will be identified with aerial map with general locations of target noxious weed infestations.

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

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

5.3 Type and Rates of Chemicals to be applied: Only those EPA registered chemicals approved for use in the States of South Dakota/North Dakota and listed on the bid sheet shall be applied. Chemicals shall be mixed and applied at rates consistent with their respective labels and manufacturer recommendations. Application rates shall be such that the target pest is killed and not simply burnt. The potential exists that not all of the chemicals listed on the bid sheet will be utilized during the period of performance. Pesticide will be paid based upon the proposed fixed price as outlined in the bid schedule and charges based upon the actual amount applied. For chemicals not listed on the bid sheet but required by individual task order an acceptable fixed price application rate will be negotiated prior to acceptance and application of that chemical.

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

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

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

5.6 Task Orders: The Contractor shall complete each Task Order within the time specified in the Task Order.

Requests for an extension must include a detailed explanation of why the task order could not be completed within the allotted timeframe and must be submitted in writing to the COR. Approval of extensions will be at the discretion of the KO. If there is any confusion by the Contractor about the Task Order, the Contractor must immediately contact the COR/Go POC to clarify the areas to be treated. The chemical mixtures, target species, location, and estimated acreage of specific work areas shall be included with each Task Order at the time of issuance. Herbicide applications may include the following chemicals and conditions:

5.6.1 ATV/UTV Application of Aminopyralid at the recommended rate of 7 oz. per acre plus recommended Adjuvants. The main target species include Canada thistle, wormwood sage, musk thistle, and spiny plumeless thistle. Spraying for thistles, especially the biennial species, has been highly variable from year to year. Applications have typically been broadcast applications, though spot applications may also be necessary.

5.6.2 ATV/UTV Application of Imazapic at the recommended rate of 10 oz. per acre plus recommended Adjuvants.

The main target species is leafy spurge. Applications may include broadcast and/or spot spraying of selected areas as directed.

5.6.3 ATV/UTV Application of Potassium Salt of Aminocyclopyrachlor Potassium salt of 6-amino-5-chloro-2-cyclopropyl-4-pyrimidinecarboxylic acid at the recommended rate of 5 oz. per acre plus recommended Adjuvants.

The main target species is leafy spurge. Applications may include broadcast and/or spot spraying of selected areas as directed.

5.6.4 ATV/UTV Application of Spraying with Aquatic Imazapyr in Wetlands/Aquatic Areas to target Salt Cedar at the recommended rate of 2 pints per acre plus recommended Adjuvants. The main target species may include Canada thistle, purple loosestrife, common reed, and/or saltcedar. Aquatic spraying has typically been minimal in most years but may vary considerably depending on conditions.

5.6.5 ATV/UTV Application of Spraying with mix of Aquatic Formulation of Aquatic Glyphosate and Aquatic Imazapyr in wetland/aquatic areas needing to be cleared of vegetation. Applied at the recommended rate of 6 pints Glyphosate and 5 pints Imazapyr per acre plus recommended Adjuvants. Applications may include complete herbaceous vegetation control in woodland plantings prior to tree seedling emergence, complete herbaceous vegetation control around established saplings, complete vegetation control of areas, and/or spot spraying of other selected areas as directed.

5.7 Spraying Activities: The Contractor shall NOT start spraying until issuance of a task order. It shall be the Contractor's responsibility to start and provide a continuous spraying operation from day to day, weather permitting, until completion of the contracted work within the allotted time frame. The potential exists for work areas to be near areas of human activity. The Contractor is to avoid contact with the public, work force, livestock, and crops with either spray or drift. Holiday applications will NOT be allowed without prior authorization from the COR. If unusually adverse weather conditions prevent the completion of the task order within the allotted time frame, the Contractor will be required to submit, in writing to the COR, a request for a time extension, which must document the cause(s) for the task order not being completed on time. Lack of personnel, equipment, or other work priorities will not be acceptable reasons for allowing an agreement time extension. Approval of any agreement extension shall be at the determination of the Contracting Officer (KO).

5.8 Aquatic Sensitive Areas: Those areas designated as aquatic sensitive areas or are an aquatic area by nature shall only be treated with chemicals labeled for aquatic use. If an herbicide application is made to an aquatic area, a weather forecast for the 24-hour period immediately following the application must be submitted with the PAR. All aquatic sensitive areas will meet NPDES requirements for the state in which they are located.

5.9 Record Keeping: All areas treated shall have PAR forms completed in accordance with the specifications set forth within this PWS. The Contractor shall be required to completely fill out an accurate, Government PAR form (Technical Exhibit 4) for each area treated on the day of application. The PAR form(s) shall be submitted to the COR/Gov. POC within 10 days of the application. The contractor must collect accurate GPS data with commercial grade equipment that is compatible with Google Earth software. The contractor will need to provide a Google Earth file (kmz/kml) file for areas and total acres that were sprayed for payment verification.

5.10 Application Rates: Minor application rates may be altered upon issuance of individual Task Orders, if within the manufactures recommended application rates.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

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

6.1.1 The Contractor will comply with applicable sections (as listed in part 1.6.12.1) of the U. S. Army Corps of Engineers Safety and Health Requirements Manual EM 385-1-1 (copies of this manual are available at the Project Office or online at http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf).

6.1.2 The Contractor will comply with the Code of Federal Regulations, Title 36, Chapter III, Part 327, Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects Pamphlet EP 1165- 2-316 (copies of this pamphlet are available at the Project Office or online at http://www.usace.army.mil/Portals/2/docs/EP1165-2-316.pdf).

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

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

7.2. Attachment 2/Technical Exhibit 2 – Estimated Workload Data

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

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

Performance Objective

Standard Performance Threshold Method of Surveillance

PRS # 1.

The Contractor shall provide chemical control services for noxious/invasive weeds and other unwanted vegetation.

The Contractor must provide services to the performance and safety standards outlined in this PWS, specifically Part 5, and in each Task Order per Statement of Work.

The Contractor must treat at least 95% of the target species within a specified work area, per treatment, per task order, while minimizing damage to non-target species.

Direct Observation

PRS # 2.

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

The Contractor must complete PAR forms in accordance with the PWS, specifically Part 5, provision 5.9 (and 5.8 when applicable).

Zero Deviation from Standard

100% Inspection

PRS # 3.

The Contractor shall provide accurate invoices.

The Contractor must submit invoices in accordance with the PWS, specifically Part 1, provision 1.6.16

PRS # 4.

The Contractor shall provide accurate GPS data showing locations and acres sprayed

The contractor must collect and provide accurate GPS data (kmz/kml files) of areas and acreages outlined in Part 5, 5.9

PRS # 5

Submit PAR (Pesticide Application Record)

IAW 5.2A (4)

TECHNICAL EXHIBIT 2

Deliverables Schedule

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

Completed daily, submitted within 10 days of application

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

Paper (hard copy) or electronic copy in PDF or MS Word.

COR/Gov. POC as outlined in the Task Orders

Activity Hazard Analysis

Once One (1) copy submitted to the COR at the pre-work conference.

Paper (hard copy) or electronic copy of fillable PDF Form 385- 1, which will be provided by the COR.

Appointed COR

Accident Prevention Plan

Once One (1) copy submitted to the COR at the pre-work conference.

Paper (hard copy) or electronic copy in PDF or MS Word.

Appointed COR

Pesticide Applicator License Information

Once initially, and updated as needed

One (1) list of pesticide applicators, license numbers, and certification categories submitted to the COR at the pre-work conference.

Paper (hard copy) or electronic copy in PDF or MS Word.

Appointed COR

Certificate of Insurance

Once initially, and updated yearly

One (1) copy submitted to the COR at the pre-work conference.

Paper (hard copy) or electronic copy in PDF.

Appointed COR

TECHNICAL EXHIBIT 3

Estimated Workload Data

Description of Work Location

Average Number of Acres Treated per Year

Spraying with aminopyralid at 7 oz. per acre. North/South Dakota 250-500 acres

Spraying with imazapic at 10 oz per acre. North/South Dakota 250-500 acres

Aminocyclopyrachlor Potassium salt of 6-amino-5-chloro-2-cyclopropyl-4-pyrimidinecarboxylic acid at 5 oz per acre.

North/South Dakota 0-100 acres

Spraying with aquatic imazapyr at 2 pints per acre North/South Dakota 0-50 acres

Spraying with 6 pints Aquatic Glyphosate and 5 pints Aquatic Imazapyr per acre

North/South Dakota 0-50 acres

OAHE AVT/UTV NOXIOUS WEED APPLICATION BID SHEET >

Instructions: Please submit bid prices for all items.

LINE ITEM 0001: Binding Application Rates

TABLE 1: Binding Application Rate Schedule

Description Per Unit

Bid Rates by Year

2023 2024 2025 2026 2027

Labor and Equipment Only Rate Acre

Helicopter Broadcast Application of Aminopyralid to target Canadian thistle at the recommended rate of 7

oz. per acre plus recommended Adjuvants.

Acre

Helicopter Broadcast Application of Spraying with Imazapic to target leafy spurge at the recommended rate of 10 oz. per acre plus recommended Adjuvants.

Acre

Helicopter Broadcast Application of Potassium Salt of Aminocyclopyrachlor Potassium salt of 6-amino-5-chloro-2-cyclopropyl-4-pyrimidinecarboxylic acid at the recommended rate of 5 oz. per acre plus recommended Adjuvants.

Acre

Helicopter Broadcast Application of Spraying with Imazapyr in Wetlands/Aquatic Areas to target Salt Cedar at the recommended rate of 2 pints per acre plus recommended Adjuvants.

Acre

Helicopter Broadcast Application of Spraying with mix of Aquatic Formulation of Glyphosate and Imazapyr in wetland/aquatic areas needing to be cleared of vegetation. Applied at the recommended rate of 6 pints Glyphosate and 5 pints Imazapyr per acre plus recommended Adjuvants.

Acre

NOTES:

1. The Application rates in Table 1 are binding upon contract award for any firm-fixed-price (FFP) task orders.

This application rate shall include all labor, tools, transportation, materials, and equipment necessary to chemically control target vegetation as listed in Part 5 (Specific Tasks).

2. The binding rates represent the maximum application rates the contractor shall use when responding to a Request for Task Order Proposal (RTOP) issued by the Government. These binding rates shall also apply to any and all modifications issued against the task orders. The contractor may propose a lower application rate when responding to the RTOP or modifications based upon the tasks within the RTOP or modification requests.

3. The maximum rates shall be governed by the effective date of the task order. The binding rates will be based upon a calendar year (1 Jun – 31 May), unless otherwise negotiated between parties.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 500,000 Job ATV/UTV Noxious Weed Spraying

FFP

The Contractor shall provide all labor, tools, transportation, materials, and equipment necessary to chemically control target vegetation as listed in Part 5 (Specific Tasks). The Contractor will chemically control target vegetation without damaging nearby trees and shrubs and will minimize damage to non-target ground vegetation. Various types of chemical applications may be required.

Some areas may require spot treatments, while others may require solid coverage;this has a 5-year POP and a max capacity of $500K. In Accordance with Performance Work Statement (PWS).

FOB: Destination

PSC CD: F105

MAX

NET AMT

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

2,500.00 $2,500.00 500,000.00 $500,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

2,500.00 $2,500.00 500,000.00 $500,000.00

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

0001 2,500.00 $2,500.00 500,000.00 $500,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

0001 2500.00

$2,500.00

500,000.00

$500,000.00

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020…