W9128F24Q0029_CBCW Noxious Weed Spraying.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F24Q0029 26-Jan-2024

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

02:00 PM 09 Feb 2024

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

CASEY M BARBER

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 968814 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 BIG BEND PRJ OFC NTL RSC/CLDBK

JACKI BULTSMA

CENWO-OD-BB-NBIG BEND PROJECT

33573 NORTH SHORE RD

FORT THOMPSON SD 57339

TEL: 605-245-1807 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$9,500,000

NAICS:

561730

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 OF48

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.

W9128F24Q0029

Section SF 1449 - CONTINUATION SHEET

PRICE SCHEDULE

Offeror shall complete the Price Schedule below in its entirety. Any offers received with missing unit or total prices for any of the line items below will be rejected. Pricing does not need to be provided in the CLIN portion of the solicitation.

TOTAL VEGETATION CONTROL CONTRACT

ACTIVE PERFORMANCE PERIOD FROM

30 April 2024 thru 15 September 2024

0001 Cold Brook Total Veg Spraying

UNIT PRICE TOTAL

32.70 acres $___________ $___________

0002 Cold Brook Noxious Weed Spraying

UNIT PRICE TOTAL

50.00 acres $___________ $___________

0003 Cottonwood Springs Total Veg Spraying

UNIT PRICE TOTAL

57.40 acres $___________ $___________

0004 Cottonwood Springs Noxious Weed Spraying

UNIT PRICE TOTAL

50.00 acres $___________ $___________

TOTAL FOR LINE ITEMS 0001 – 0004

30 April 2025 THRU 15 September 2025

1001 Cold Brook Total Veg Spraying

UNIT PRICE TOTAL

32.70 acres $___________ $___________

1002 Cold Brook Noxious Weed Spraying

UNIT PRICE TOTAL

50.00 acres $___________ $___________

1003 Cottonwood Springs Total Veg Spraying

UNIT PRICE TOTAL

57.40 acres $___________ $___________

1004 Cottonwood Springs Noxious Weed Spraying

UNIT PRICE TOTAL

50.00 acres $___________ $___________

TOTAL FOR LINE ITEMS 1001 – 1004

30 April 2026 THRU 15 September 2026

2001 Cold Brook Total Veg Spraying

UNIT PRICE TOTAL

32.70 acres $___________ $___________

2002 Cold Brook Noxious Weed Spraying

UNIT PRICE TOTAL

50.00 acres $___________ $___________

2003 Cottonwood Springs Total Veg Spraying

UNIT PRICE TOTAL

57.40 acres $___________ $___________

2004 Cottonwood Springs Noxious Weed Spraying

UNIT PRICE TOTAL

50.00 acres $___________ $___________

TOTAL FOR LINE ITEMS 2001 – 2004

TOTAL FOR ALL LINE ITEMS 0001 – 2004

**Offerors shall not use more than 2 decimal places for the unit and total price.

**In instances where unit price multiplied by the quantity does not match the total price provided by the offeror, the government will use the unit price as the offered price.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Cold Brook and Cottonwood Springs Vegetation Control/Noxious Weeds US Army Corps of Engineers

Cold Brook Project/Cottonwood Springs 27279 Larvie Lake Road Hot Springs, SD 57747

1.0 General Information.

1.1 Background. This is a non-personnel services contract to provide Total Vegetative Control and Noxious Weed Control. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2 Scope of Work. The Contractor shall furnish all labor, tools, materials, equipment, supplies and supervision necessary to accomplish herbicide application to control vegetation in identified areas. Spraying will be controlled so that trees (outside the spraying area), shrubs, flower beds, water, food and etc. are not damaged or contaminated by either the actual spraying/application, drift or runoff and in such a manner that shadowing around objects will not occur. A bio-degradable marker dye is required with all sprayings/applications. The Contractor shall so control all their operations during the performance of the work so as to ensure that the completed work meets all of the requirements of the specifications. All contracted tasks must be completed during the scheduled application period unless otherwise specified herein or authorized in advance by the Contracting Officer, or his/her authorized representative.

1.3 Period of Performance. The period of performance shall be for one (1) Base Offer and two (2) Option Years.

The Period of Performance reads as follows:

Base Year:

- Active period of performance: 30 April 2024 through 15 September 2024

- Inactive period of performance: 16 September 2024 through 29 April 2025

Option 1:

- Active period of performance: 30 April 2025 through 15 September 2025

- Inactive period of performance: 16 September 2025 through 29 April 2026

Option 2: Active period of performance: 30 April 2026 through 15 September 2026

*Note: The Contractor is not required to perform any services during the inactive period of performance.

1.4 Contractor Personnel

1.4.1 The contractor shall perform all work under this contract using his or her own forces except as provided in Paragraph 1.3.2 Subcontracting. Employees who perform this work shall be qualified persons on the contractor’s own payroll. At least two (2) individuals are required to perform the services stated in this PWS. All contractor personnel and regular subcontractors shall maintain a neat and clean appearance and shall wear clothing marked with the identifying name of the employee and the contractor, or a company ID will be displayed on the outside of the clothing.

Contractor personnel may be required to wear government supplied identification. All contractor vehicles shall be registered, licensed, and insured to meet all State and local laws. The contractor employees shall be skilled in and capable of performing the work under this contract. All employees of the contractor or subcontractor shall be at least 16 years of age or older.

1.4.2 Subcontracting. The contractor shall not subcontract any of the 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

1.5.1 The contractor shall designate, in writing, a member of each work crew who shall serve as the contact for matters involving quality and performance or nonperformance of the required work assigned to that crew. The employee(s) shall be qualified and fully competent with full authority to act for, and on behalf of, the contractor as necessary to insure 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 (COR) no later than the first day of work. The contractor shall include the name(s), address(s), and telephone number(s) of the responsible individual(s).

1.5.2 The Contracting Officer reserves the right to disapprove any individual whom he considers incompetent to perform the work required. The Contracting Officer will provide a written notice of any disapproval to the contractor.

1.6 Quality Assurance Surveillance Plan. The government will use a Quality Assurance Surveillance Plan (QASP) 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)).

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

1.6.2 If any of the services do not conform to contract requirements, the government may require the contractor to perform the services in conformity with contract requirements and at no increase in cost. If the contract requirements are not met after a second attempt the government may (1) require the contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

1.6.2.1 Upon verification of a validated customer complaint or corrective action report, the COR will notify the contractor that they are required to re-perform specific services. Upon notification, the contractor shall re-perform services within eight (8) hours or by the following day, if notification does not allow sufficient time to complete services during normal business hours. The Contractor shall notify the COR within 24 hours of completion and a re-inspection shall be conducted.

1.6.3 The government may take action, if the contractor fails to perform the services again or to take the necessary action to ensure future performance is in conformity with the contract requirements. The government may (1) by contract, or otherwise, perform the services and charge to the contractor any cost incurred by the government that related to the performance of such service or (2) terminate the contract in whole or in part.

1.6.4 The contractor is responsible to replace/repair any damage to government property due to negligence, at his or her own cost. The government may take action, if the contractor fails to replace/repair any damage to government property. The government may (1) by contract, or otherwise, replace/repair damaged government property and charge to the contractor any cost incurred by the government to replace/repair any damage or (2) make a determination to not exercise any future option periods on the contract.

1.7 Hours of Operation. The contractor is responsible for conducting business, between the hours of 6:30 a.m. thru 9:00 p.m. Central Time 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.

Contractor may not spray on weekends or holidays unless prior approval is given by the COR. 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;

e. Material Safety Data Sheets (MSDS): The Contractor shall supply MSDS’s for all chemicals to be used on the project.

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). Contractor shall prepare AHAs IAW Paragraph 01.A.14 or 01.A.15 of the EM 385-1-1. If using Paragraph 01.A.15, prepare AHAs 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 shall consider these documents 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 performed by the contractor.

1.10.2 Abbreviated Accident 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 (AAPP).

Prepare the AAPP 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 Government approval prior to the start of work onsite.

1.11 Physical Security

1.11.1 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.

1.12.2 Key Control. The contractor shall ensure all keys issued by the government are not lost, stolen, duplicated, or used by unauthorized persons.

1.12.2.1 The contractor shall immediately report to the COR any occurrences of lost or stolen keys.

1.12.2.2 In the event keys, other than master keys are lost or stolen, the contractor may be required, upon written direction of the COR, to re-key or replace the affected lock or locks without cost to the government. The government may, however, at its option, replace the affected lock or locks or perform re-keying and deduct the cost of such from the monthly payment due the contractor. If a master key is lost or stolen, the government may need to replace all locks and keys for that system. The government will deduct the total cost to replace the locks and keys from the contractor’s monthly invoice.

1.12.2.3 The contractor shall prohibit the use of keys issued by the government by any persons other than the contractor’s employees. The contractor shall not facilitate access of secured areas to persons other than contractor personnel or subcontractors engaged in performance of contract work requirements.

1.13 Antiterrorism/Operation Security Requirements. N/A

1.14 Payment

1.14.1 The government will make payment monthly, after the government has inspected and accepted the services provided by the contractor, 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.

1.14.2 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 by the fifth (5th) of the month for services completed the previous month or submit the invoice upon completion of all services, in accordance with the period of performance stated in the CLIN.

2.0 Definitions. The following definitions and descriptions apply wherever the word(s) or phrase(s) is/are stated in this PWS:

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 considered satisfactory on the average. The allowable leeway or variance from a standard before the government will reject the specific service.

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

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 level of performance (ALP) for each work requirement.

Quality Assurance Surveillance Plan (QASP): An organized written document used by the Government for quality assurance surveillance. Document contains sampling/evaluation guides, checklists, and the performance requirements summary (PRS).

3.0 Government Furnished Items and Services

3.1 Services. N/A

3.2 Facilities. N/A

3.3 Utilities. N/A

3.4 Equipment. N/A

3.5 Materials. N/A

4.0 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 Section 3 of this PWS. The contractor is responsible for water needed to perform spraying services.

4.2 Materials. The Contractor shall furnish all materials including chemical and mix water necessary to properly perform the work defined in this contract.

4.2.1 The Contractor must supply the COR with Material Data Safety Sheets for any products used on this contract.

4.2.2 Only EPA registered chemicals approved for use in the State of South Dakota shall be applied. All chemicals will be approved by the COR prior to application. 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. Contractor is to have Material Safety Data Sheets (MSDS) for all chemicals/dyes to be used.

4.3 Equipment: The Contractor shall provide all equipment that is of suitable size and type for the intended use and shall meet or exceed all current federal, state, and local safety requirements.

4.3.1 All equipment shall be of suitable size and type for the intended use and shall meet or exceed all current federal, state, and local safety requirements.

4.3.2 The COR will be given a list of all equipment and materials used by the Contractor on this contract.

4.3.3 The Contractor will be required to present all equipment to the COR for inspection upon bringing it on to Government Property and before it is used to perform work on this contract.

4.3.4 The contractor's equipment shall not be stored on government property administered by the Corps of Engineers, Big Bend Project. All chemicals, chemical mix, and chemical refuse shall be removed from government lands upon completion of each day's spraying.

4.3.5 The contractor will not be allowed to use motorized equipment (4-wheelers, UTVs, vehicles etc.) on the upstream or downstream slopes of either dam. The use of hose reels or hand spraying are permissible methods to spray these areas. Other methods of spraying must have prior approval of the COR.

5.0 Specific Tasks

5.1. Basic Services. The contractor shall provide services for Vegetation Control

5.2. GENERAL. The Contractor will provide complete herbicide application services for control kill of vegetation in designated areas as outlined in this contract. Areas to be sprayed include: parking lots, fence lines, storage areas, vault toilet areas, rip rap, along guard rails, roads and curb/pavement cracks. Areas adjacent to or exposed to (i.e.

rip rap and boat ramp areas) will be sprayed using a product to control vegetation around water. Areas that are not adjacent to the water (i.e. parking lots, guard rail, sidewalks) will be sprayed with a product such as Pramitol 25E or equivalent to inhibit plant growth for a year or more. Areas with playground equipment or other high use public areas will be sprayed with a product that safe to be sprayed around the public. The Contractor will also provide noxious weed control on project lands. All areas are on Federal Property managed by the U.S. Army Corps of Engineers.

5.2.1 Total Vegetation Treatment Application Phases. The services to be furnished under this contract shall be provided in two phases; an initial application and a follow-up application. The contractor shall NOT start spraying until notification and meeting with the COR. 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 spraying phase within the allotted time frame. Because of the possible close proximity of the areas to considerable human activity, the contractor is to avoid contact with the public and work force with either spray or drift.

5.2.1.1 Initial application will consist of complete coverage/spraying and control of vegetation in identified areas.

The initial application will begin at the request of the COR and the contractor will work without interruption so long as the weather and conditions are favorable for application.

5.2.1.2 Follow-up application will consist of a total reapplication of herbicide to all areas covered under this contract. The follow-up application will be at the request of the COR and will typically be 30-60 days following the initial application.

5.2.1.3 The contractor will be required to spray the following areas for both the initial and follow-up application to maintain vegetative control:

Cold Brook Project Acres Map 1 Dam Embankment 12.00 Creek Crossing Guardrail 0.20 Overlook Guardrail/Stockpiles/Access Road/Building Area 2.15 Spillway 0.90 Maintenance Yard 0.30 Parking Area 0.10 Guard Rail/Parking Area 0.70 Total 16.35

Cottonwood Springs Project Acres Map 2 Boat Ramp 0.30 Dam Embankment/Access Roads 17.0 Spillway Access Area 8.00 Guard Rail 1.10 Picnic Shelters/Playground/Vault Toilet 0.30 Parking Lot/Trail 2.00 Total 28.7

TOTAL SPRAYING PER ONE TREATMENT 45.05 ACRES

5.3 Noxious Weed Control The services to be furnished under this contract shall be provided in two phases; a spring application and a fall application. The contractor shall NOT start spraying until notification and meeting with the COR. 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 spraying phase within the allotted time frame. Because of the possible close proximity of the areas to considerable human activity, the contractor is to avoid contact with the public and work force with either spray or drift.

5.3.1 Spring Application Spring application will consist of complete coverage/spraying of noxious weed infestations.

50 acres required as scheduled.

Base Offer 30 April 2024 through 18 June 2024 Option Year 1 30 April 2025 through 17 June 2025 Option Year 2 30 April 2026 through 16 June 2026

6.0 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

Standard Performance Threshold

Method of Surveillance

PRS # 1.

The contractor shall provide a herbicide application. Per paragraph 5.2.1

The contractor shall spray all noted species with a minimum of 95% kill rate. In accordance 5.2.1.

ZERO DEVIATION

FROM STANDARD

Periodic Inspection

PRS # 2

The contractor shall provide a herbicide application. Per paragraph 5.3

The contractor shall spray all noted species with a minimum of 95% kill rate. In accordance with 5.3

ZERO DEVIATION

FROM STANDARD

Periodic Inspection

7.0 DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To Invoice Within 10 days of completed work

1 Copy

Paper (hard copy)

US Army Corps of Engineers Attn: Jacki Bultsma 33573 North Shore Road Chamberlain SD 57325 Phone: 605-245-2255 Fax: 605-245-2555

Pesticide Application Records

Same as above 1 Copy Paper (hard copy) Same as above

7.0 Attachments

Attachment – Aerial Maps

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 32.70 Acre Cold Brook Total Veg Spraying

FFP

Contractor shall spray required acres IAW Performance Work Statement. Active period of performance: 30 April 2024 through 15 September 2024. Inactive period of performance: 16 September 2024 through 29 April 2025

FOB: Destination

PSC CD: S208

NET AMT

0002 50 Acre Cold Brook Noxious Weed Spraying

FFP

Contractor shall spray required acres IAW Performance Work Statement. Active

0003 57.40 Acre Cottonwood Springs Total Veg Spraying

FFP

Contractor shall spray required acres IAW Performance Work Statement. Active

0004 50 Acre Cottonwood Springs Noxious Weed Spraying

FFP

Contractor shall spray required acres IAW Performance Work Statement. Active

1001 32.70 Acre Cold Brook Total Veg Spraying

FFP

Contractor shall spray required acres IAW Performance Work Statement. Active period of performance: 30 April 2025 through 15 September 2025; Inactive period of performance: 16 September 2025 through 29 April 2026

1002 50 Acre Cold Brook Noxious Weed Spraying

FFP

Contractor shall spray required acres IAW Performance Work Statement. Active period of performance: 30 April 2025 through 15 September 2025; Inactive period of performance: 16 September 2025 through 29 April 2026

1003 57.40 Acre Cottonwood Springs Total Veg Spraying

FFP

Contractor shall spray required acres IAW Performance Work Statement. Active period of performance: 30 April 2025 through 15 September 2025; Inactive period of performance: 16 September 2025 through 29 April 2026

1004 50 Acre Cottonwood Springs Noxious Weed Spraying

FFP

Contractor shall spray required acres IAW Performance Work Statement. Active period of performance: 30 April 2025 through 15 September 2025; Inactive period of performance: 16 September 2025 through 29 April 2026

2001 32.70 Acre Cold Brook Total Veg Spraying

FFP

Contractor shall spray required acres IAW Performance Work Statement.Active period of performance: 30 April 2026 through 15 September 2026.

2002 50 Acre Cold Brook Noxious Weed Spraying

FFP

Contractor shall spray required acres IAW Performance Work Statement.Active period of performance: 30 April 2026 through 15 September 2026.

2003 57.40 Acre Cottonwood Springs Total Veg Spraying

FFP

Contractor shall spray required acres IAW Performance Work Statement.Active period of performance: 30 April 2026 through 15 September 2026.

2004 50 Acre Cottonwood Springs Noxious Weed Spraying

FFP

Contractor shall spray required acres IAW Performance Work Statement.Active period of performance: 30 April 2026 through 15 September 2026.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 30-APR-2024 TO

29-APR-2025

N/A COE BIG BEND PRJ OFC NTL RSC/CLDBK

JACKI BULTSMA

CENWO-OD-BB-NBIG BEND PROJECT

33573 NORTH SHORE RD

FORT THOMPSON SD 57339

605-245-1807

968814

0002 POP 30-APR-2024 TO

29-APR-2025

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 30-APR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 30-APR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 30-APR-2025 TO

29-APR-2026

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 30-APR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 30-APR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 30-APR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 30-APR-2026 TO

15-SEP-2026

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 30-APR-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 30-APR-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 30-APR-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

52.212-3 Offeror Representations and Certifications--Commercial Products and Commercial Services

NOV 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.223-19 Compliance with Environmental Management Systems MAY 2011 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-15 Stop-Work Order AUG 1989 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.215-7008 Only One Offer DEC 2022 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

CLAUSES INCORPORATED BY FULL TEXT

Instructions to Quoters – Commercial Services

Please provide the following information with your quote:

Company’s Name as it appears on SAM:

Company’s Address as it appears on SAM:

CAGE CODE:

UEI:

TIN:

NAICS. North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appears on page 1 of the solicitation.

Submitting your quote. Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations may be submitted on the SF 18, letterhead stationery, or as otherwise specified in the solicitation.

Quotations are due by the date and time listed on page 1 of the solicitation. Send your completed quotation package to the attention of Casey Barber at casey.m.barber@usace.army.mil Electronic quotations are preferred over paper responses, unless other arrangements have been made with the individual identified above. You may submit more than one quote. If you do, we will evaluate each separately.

We will not consider any quote that we receive after the deadline unless we receive it before we issue a purchase order and considering it will not delay our purchase. In case of an emergency that delays our operations and makes submission or receipt of your quote impossible, we will extend the deadline by one working day.

As a minimum, quotations must show-

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of quotations;

(3) The name, address, and telephone number of the quoter;

(4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.204-8 if applicable.

(9) Acknowledgment of Solicitation Amendments; and

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information)

Terms and content of your quote. Your quote must be based on the terms of this RFQ. We might reject any quote that is not based on these terms in every respect. Your quote must contain all of the information described below.

Small Business Status. In order to submit a quote, you must know whether your company is a small business. The small business size standard that applies to this purchase is stated in FAR 52.204-8, along with the North American Industry Classification System (NAICS) code on which it is based.

Issuance of purchase order. Your quote should contain your best terms. The Contracting Officer may reject any or all quotes. After the evaluation of quotes, the Contracting Officer may negotiate final terms with one or more quoters of the Government’s choice before issuing a purchase order. The Contracting Officer will not negotiate with any quoters other than those of the Government’s choice and will not use the formal source selection procedures described in FAR Part 15.

The Contracting Officer may issue a purchase order to other than the quoter with the lowest price. We might issue multiple orders, purchasing various items or groups of items from different quoters. We might issue an order for less than the quantity on which your quote is based, at the quoted price, unless you tell us that you will not accept an order on that basis.

System for Award Management (SAM). Unless exempted by the Contracting Officer, you must register in SAM before we will issue a purchase order to you. If you do not register by the date set by the Contracting Officer, the Contracting Officer might issue the order to a different quoter. Once registered, you must remain registered throughout performance until final payment. Go to https://www.acquisition.gov for information on SAM registration and annual confirmation.

Insurance Required (FAR 52.228-5):

In accordance with FAR 28.307-2, “Liability,” the contractor shall procure the following minimum insurance:

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

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

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

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

Type Amount Aircraft Public and Passenger Liability Insurance $200,000 per person Bodily Injury (other than passenger injury) $500,000 per occurrence Property Damage $200,000 per occurrence Passenger Liability Bodily Injury $200,000 multiplied by the number of seats or passengers, whichever is greater

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

State and Local Taxes. The U.S. Army Corps of Engineers is exempt from paying state and local taxes per Title 4 United States Code 104-107. The U.S. Army Corps of Engineers Tax ID Number is 62-1642142. Contractors performing services for the U.S. Army Corps of Engineers are not exempt from state and local taxes in transactions with vendors, suppliers or subcontractors.

In the State of South Dakota, there is an excise tax on the total gross receipts of all prime contractors and subcontractors engaged in realty improvement. Contractor shall include the excise tax in its quotation.

For information concerning the taxes contact: Sales and Use Tax Division, Capital Lake Plaza, Pierre, South Dakota.

Telephone 605-773-3311.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

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

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

Cold Brook Project requires weed spraying services, including spraying of noxious weeds and total vegetation control to be performed at recreation areas and facilities at the Cold Brook and Cottonwood…