Attachment_1_-_Performance_Work_Statement_(PWS)_Rev1.pdf

PERFORMANCE WORK STATEMENT (PWS)

Range Area Noxious Weed Control for

Joint Base Lewis-McChord, Yakima Training Center, Washington

31 JANUARY 2019

MODIFIED 11 MARCH 2019

Part 1

General Information

1 GENERAL: This is a non-personal services contract to provide program support for Joint Base Lewis McChord Yakima Training Center. The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers will be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The Contractor will provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the Range Area Noxious Weed Control tasks contained in this Performance Work Statement (PWS), except as noted at Part 3 (Government Furnished Material and Equipment). The Contractor will perform to the standards in this PWS.

1.2 Background: Joint Base Lewis McChord Yakima Training Center (JBLM YTC) is a United States Army training center (Army maneuver training, land warrior system testing and live fire area) located in south central Washington state. It is bounded on the west by Interstate 82, on the south by the city of Yakima, on the north by the city of Ellensburg and Interstate 90, and on the east by the Columbia River. It comprises approximately 327,000 acres of land, most of which consists of shrub-steppe, making it one of the largest areas of shrub-steppe habitat remaining in Washington state. The terrain is undulating and dominated by four east-west parallel ridges, the Saddle Mountains, Manastash Ridge, Umtanum Ridge, and Yakima Ridge anticlines, which are part of the Yakima Fold Belt near the western edge of the Columbia River Plateau. Common Columbia Basin shrub-steppe plant species and communities are found on the installation. Main vegetation components consist of sagebrush, bitter brush, and bunch grasses.

Military units stationed at JBLM are the primary users at JBLM YTC for maneuver and live fire training. JBLM YTC’s Directorate of Public Works (DPW), Yakima, Washington is responsible for planning, managing, and accomplishing all facility maintenance functions at JBLM YTC.

JBLM YTC’s DPW accomplishes their responsibilities through a series of operation and maintenance programs.

Additionally, the United States Army Corps of Engineers (USACE) has been assigned lead role in developing this PWS and to provide contract administration and oversight to ensure the required support, services, and deliverables are provided in accordance with this contract.

1.3 Objective: Provide necessary noxious weed control support at JBLM YTC to ensure successful implementation of vegetation control in the range areas of YTC.

1.4 Scope: The Contractor, as an independent Contractor and not as an agent of the Government, will provide the necessary support contained in this PWS. The Contractor will provide qualified key personnel to accomplish the work described at Section 5, and provide the support needed to accomplish monthly reporting requirements contained in the PWS as defined in Section 5.

1.5 Period of Performance: The proposed contract period is five (5) years: 1 year base period with four (4) , one year option periods.

1.6 General Information

1.6.1 Quality Control and Management Plan: The Contractor will develop and maintain an effective quality control plan (QCP) to ensure services are performed in accordance with this PWS. The basic intent of the plan is to reinforce the Contractor’s responsibility for quality. Minimum elements to be included in the QCP are safety; monitoring and oversight of crews to ensure adherence to applicable procedures; and effectiveness monitoring to ensure performance standards are met for each task of section 5. The Contractor will develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program assures that the work complies with the requirement of the contract.

1.6.1.1 QCP Surveillance Techniques. The Contractor’s plan will describe specific surveillance techniques for all contract services to include management and administration of the contract. The surveillance methods will be comprehensive and adaptable to the reporting system of the plan.

1.6.1.2 QCP Submittal: The Quality Control Plan will be submitted to the USACE Project Manager and the

COR no later than ten (10) working days after contract award or within five (5) days whenever changes are made thereafter. After acceptance of the QCP, the Contractor will receive the COR’s acceptance in writing of any proposed changes to the plan.

1.6.2 Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with the Government produced Quality Assurance Surveillance Plan (QASP) and the Contractors QCP. The (QASP) is focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays: The Contractor is not required to perform duty on the following recognized holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.6.4 Hours of Operation: The Contractor is responsible for setting their own hours of business. This will enable the Contractor to conduct herbicide applications at those times each day when weather conditions are best suited for optimum results, and ensure compliance with all operational constraints described at paragraph

1.7. Additionally, there may be times when the YTC mission will dictate working hours outside a normal duty day (e.g., 0730 to 1600, Monday through Friday). The Contractor must maintain access to an adequate workforce for the duration of the performance period.

1.6.5 Place of Performance: The work described in this PWS is to occur within the boundary of JBLM YTC.

Office locations are found at the Director of Public Works, Building 810, Yakima Training Center, Washington.

1.6.6 Type of Contract: Firm Fixed Price.

1.6.7 Security Requirements: Contractor personnel performing work under this contract are not required to have a security clearance to perform the services contained in this contract.

1.6.7.1 Employee Identification. The Contractor is responsible for furnishing an identification badge/card to each employee prior to the employees work on site, and for requiring each employee engaged on the work to display such identification. The identification will meet the following standards:

1. Cards and badges will identify the name and photograph of the person to whom issued.

2. Cards and badges will identify the name of the Company the individual works for.

3. Cards and badges will contain a serial number.

4. Cards and badges issued for restricted (limited and exclusion) areas will show an expiration date.

1.6.7.2 Physical Security: The Contractor is responsible for safeguarding all government equipment, information and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials will be secured.

1.6.7.3 Lock Combinations. The Contractor will establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor will ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures will be included in the Contractor’s Quality Control and Management Plan.

1.6.8 Special Qualifications: The Contractor personnel will possess all necessary licenses, certifications, and endorsements needed to accomplish the work associated with this PWS. This includes the following:

1.6.8.1 Vehicle Operating Licenses: The Contractor’s personnel will possess a valid license with appropriate endorsements (if applicable) for all vehicle operators working on JBLM YTC (e.g., valid motor vehicle operator license and proper Commercial Driver’s License (CDL) endorsements for equipment operated).

1.6.8.2 Washington State Department of Agriculture (WSDA) Pesticide Applicator License: The Contractor’s personnel will possess a valid Washington State Department of Agriculture (WSDA) operator/applicator license for all personnel engaged in the mixing, handling, and application of pesticides on JBLM YTC prior to contract award and will maintain licensure throughout the duration of the period of performance.

All WSDA licensing requirements for pesticide application apply to Contractor staff mixing, handling or applying pesticides on JBLM YTC, EXCEPT the line of site rule. The line of site rule does NOT apply on JBLM YTC; hence all Contractor personnel mixing, handling or applying pesticides must have a valid WSDA license. In the case of ground support personnel (e.g., loader/mixer) that handle or mix pesticides, at a minimum, they will possess a valid WSDA license with a Rights of Way and/or Ag. Weed endorsement. For all Contractor employees working in support of this contract that possess a WSDA license, the Contractor will provide each employees name and license number to the USACE Project Manager and YTC Government Representative not less than five business days prior to any pesticide applications.

1.6.8.3 Columbia River Basin Experience. All applicators working for the Contractor that apply pesticides on JBLM YTC will have work experience or knowledge (education) with identification and control of Columbia Basin weeds. To demonstrate such experience or knowledge, the Contractor will submit a brief summary of work history (e.g., summary of where, when, what was done, and what were the target species) for each employee within the Columbia Basin region, or as an alternate for work experience, successful completion of applicable education and course work that demonstrates knowledge, identification, and control of target species to the USACE Project Manager and YTC Government Representative. Additionally, each Contractor employee working on JBLM YTC will be able to read topographic maps using the Universal Transverse Mercator (UTM) grid coordinate system.

1.6.9 Post Award Conference/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 (KO), Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO 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 will be taken to resolve outstanding issues. These meetings will be at no additional cost to the Government.

1.6.10 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. 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; 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;

coordinate availability of government furnished property; 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, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11 Key Personnel: The follow positions are considered key personnel by the government, contact information will be provided with award of the contract. If changes occur, the Contractor will be notified upon change:

1. USACE Contracting Officer:

2. USACE Project Manager

3. JBLM YTC Land Management Program Manager (YTC Government Representative)

1.6.11.1 Contractor Project Manager: The Contractor will provide a contract manager who will be responsible for the performance of the work. The name of this person and an alternate who will act for the Contractor when the manager is absent will be designated in writing to the contracting officer. The contract manager or alternate will have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate will be available between 0730 and 1600, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. The Contractor will immediately notify the contracting officer and USACE Project manager if the contract manager or alternate change.

1.6.12 Identification of Contractor Employees: A current list of such employees will be provided to the USACE

PM & COR before work begins on any task order, and updates will occur within one working day of any changes. See Paragraph 1.6.7.1 for additional details.

1.6.13 Contractor Travel: None.

1.6.14 Other Direct Costs: There are no other direct costs associated with this contract that are reimbursable by the Government. Any and all other direct costs incurred by the Contractor are not reimbursable by the Government (e.g., photocopying, shipping expenses, and travel).

1.6.15 Data Rights: The Government has unlimited rights to all documents, data, and material produced under this contract. All documents, data, and materials, to include the source codes of any software, produced under this contract will be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents, data, and materials may not be used or sold by the Contractor without written permission from the KO. All materials supplied to the Government will be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.16 Phase In/Phase Out: Not Applicable.

1.6.17 Antiterrorism (AT) and Operations Security (OPSEC):

1.6.17.1 AT Level I Training: All Contractor employees, to include subContractor employees, requiring access to

Army installations, facilities and controlled access areas will complete AT Level I awareness training within five (5) calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The Contractor will submit certificates of completion for each affected Contractor employee and subContractor employee, to the COR or to the contracting officer, if a COR is not assigned, within five (5) calendar days after completion of training by all employees and subContractor personnel. AT Level I awareness training is available at the following website:

http://jko.jten.mil/courses/atl1/launch.html.

1.6.17.2 Access and General Protection/Security Policy and Procedures: The Contractor and all associated sub-

Contractors and employees will comply with applicable installation access and local security policies and procedures (provided by the government representative or COR). The Contractor will also provide all information required for background checks to meet installation access requirements to be accomplished by installation Director of Emergency Services (See Paragraph 4.4.1). Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy (See Paragraph 4.4.3). In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at the installation change, the Government may require changes in Contractor security matters or processes.

1.6.17.3 iWATCH Training: The Contractor and all associated sub-Contractors will brief all employees on the local iWATCH program (training slides are available at this URL: www.lewis-mcchord.army.mil/des/iWATCH Trng .pptx). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training will be completed within 30 calendar days of contract award and within 5 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

1.6.18 Emergency Services: The Contractor will ensure the following emergency service capabilities are maintained at all times.

1. The Contractor will have competent personnel trained and capable of dealing with minor personnel injuries.

The Contractor or their employees will immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor will, in turn, notify the KO or COR within 30 minutes of the incident.

2. Emergency medical treatment and services for Contractor personnel is the responsibility of the Contractor.

1.7 Operational Constraints: The following describes operational constraints that the Contractor must work within to accomplish the work contained in this PWS.

1.7.1 Sage Grouse Protection Areas: JBLM YTC contains habitat for Western Sage Grouse, a threatened species in the State of Washington, and a candidate species proposed for listing under the federal Endangered Species Act. Areas designated for sage grouse protection are called Sage Grouse Protection Areas (SGPAs), and the areas may be partially or completely off limits between 01 February and 15 June. Partial restrictions include prohibition of occupying or working with SGPAs until after 9:00 a.m. JBLM YTC Public Works staff will coordinate access to these areas.

1.7.2 Root Gatherers: Native Americans gather root crops on JBLM YTC from plants that flower during the late winter and spring months. The Contractor will cease treatment in the area if root gatherers are encountered and will inform the COR via daily report when this occurs (treatment may be shifted to other contract areas where gatherers are not present). Specific treatment areas may need to be scheduled around known root gathering activities and events. JBLM YTC Public Works staff will coordinate access to areas where root gatherers may be found.

1.7.3 Military Training Activities: The Contractor will coordinate daily with Range Control to ensure that spray operations do not conflict with military training activities. Military maneuvers, live fire exercises, and bivouac activities will be avoided. Occasionally, military activity will close a range area or access road outside of the established training area or range safety fan boundaries. A daily coordination meeting (Monday – Friday) occurs at Range Control to de-conflict the next day/weekend activities. The Contractor will attend these meetings as needed to coordinate access to areas where military trainers may be conducting operations.

1.7.4 Range Safety: JBLM YTC is a military training facility where live ammunition is used. Knowing the military system of location and how to communicate with Range Control is essential for personal safety.

Known dud areas are identified on maps, however, an occasional dud is found outside known dud area boundaries.

1.7.5 Daily Sign-In/Sign-Out: Daily sign-in/sign-out at JBLM YTC Range Control is required of each Contractor vehicle operator. Work crews are required to check in and out daily at the Range Control desk at Building 1805. They will be issued a daily range pass and must return the pass upon exit from the range area each day. Non-compliance with sign in and sign out procedures will result in the offender(s) being permanently barred from the installation. Failure to comply with sign in and sign out procedures is a dangerous (i.e., life safety) safety violation, hence there is a zero tolerance policy for such non-compliance.

Contractor failure to perform the requirements of this contract due to personnel being barred from JBLM YTC will not be grounds for the Contractor to fail to perform.

1.7.6 Riparian areas: The Contractor will not apply herbicides closer than 200 feet to any open body of water.

Riparian zones crossing firebreaks will not be sprayed.

1.7.7 Siebert Stake Areas: The Contractor will not enter or treat any areas that have been marked with Siebert Stakes (See TECHNICAL EXHIBIT 16); sample of a Siebert Stake) without prior approval from the YTC Government Representative. Siebert Stakes are used at YTC as a universal means of marking environmentally sensitive areas and under no circumstances is the Contractor to conduct any control efforts within these areas without prior approval. The Siebert stakes are short pieces of two inch by 18 inch black ABS plastic pipe wrapped with multicolor bands mounted on T-Posts. Siebert stakes are very conspicuous where they have been placed at YTC.

1.7.8 Weather: Application of herbicide will not occur when the soil is frozen or covered with snow, when the wind velocity exceeds ten (10) mph, when the ambient air temperature is below 36 degrees F or above 80 degrees F, or during temperature inversions. The Contractor will not apply herbicide if rain is expected within one hour. The COR may require the Contractor to restrict spray operation if wind conditions below the above threshold causes excessive spray drift. In all cases, when applications are adjacent to the boundary, the prevailing wind will be in a direction that ensures any drift is carried onto JBLM YTC lands.

1.7.9 Material Handling: The Contractor will adhere to all safety requirements as specified by Federal and State Laws, Occupational Safety and Health Act (OSHA) regulations and herbicide label requirements, as appropriate. Hazardous wastes and spilled materials generated in performance of the contract will be the responsibility of the Contractor to be properly (legally) disposed of at an off post location. The Contractor will be responsible for any disposal costs. The Contractor will include a copy of all chemical Safety Data Sheets (SDS) and product labels for the products being applied in or on all vehicles being used to apply herbicides. Upon request by Government representative, the Contractor, or his employee(s) will provide access to such documents at any time.

1.7.10 Spill Prevention: The Contractor will maintain a spill kit on each mix truck used in support of this contract.

Contents of the spill kit will be appropriate for the type and volume of material that could potentially spill during mixing and loading operations.

1.7.11 Cleanup: Any refuse generated in the performance of this contract will be disposed of by the Contractor in an approved disposal site off the installation. All spills of herbicide will be immediately reported to the on-site JBLM YTC inspector and affected soils will be immediately excavated and disposed of by the Contractor at an approved disposal site off the installation. The Contractor will incur all costs associated with cleanup. Disposal of containers for chemicals supplied by the Government will be disposed of at a location on JBLM YTC designated by the COR.

1.7.12 No Vehicles on Targetry Beams: No vehicles are allowed to travel on targetry beams. Such travel causes physical disturbance resulting in erosion and other secondary impacts.

1.8 Acceptance and Determination of Payment: Work on this contract will be deemed acceptable when the Government’s inspection meets the Quality Standard or Acceptable Quality Level (AQL) without dispute by the Contractor, or when the Contractor accepts the Government’s inspection at a lesser AQL as specified for each specific task.

Acceptance Level Quality Standard: Work with a quality of 90% or greater, as determined by Government inspection, will be accepted at full payment.

Acceptable Quality Level: Tasks that have a Government inspection quality of 85-90% may be reworked at the Contractor’s expense. If inspection results are below 90%, a deduction will be made to equal 2% for every 1% below 90. For example, if inspection results are 87%, the bid price would be reduced by 6%.

Minimum Quality Level: Quality below 84% on any unit within an item is not acceptable and may not be paid for, or will require rework at the Contractor’s expense.

Payments will be made on a per CLIN basis.

1.9 Payment: The Contractor will invoice the Government twice for each CLIN performed in this PWS. The first invoice for a CLIN will be when the Contractor has completed the initial treatments for up to 75% of the awarded value. The final invoice for a CLIN will be submitted once all work and deliverables are completed, submitted and accepted by the Government at the end of each performance period. The Contractor may submit an invoice monthly for the work executed. Submit the invoice and supporting documents electronically to the USACE Project Manager.

1.10 Liability Insurance: The Contractor will provide proof of valid liability insurance for all equipment/personnel conducting work on JBLM YTC to the COR no later than five (5) days after contract award.

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 will be in writing and will 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 will meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The Government does not have privet of contract with the subContractor.

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

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

2.2 ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CMR Contract Manpower Reporting CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer 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 FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer NCR National Capital Region OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out PLS Pure Live Seed POC Point of Contact 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

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3 GOVERNMENT FURNISHED ITEMS AND SERVICES: The Government will furnish the following information and equipment to the Contractor for use in the performance of this contract:

3.1 Services: The Government will provide priorities for areas where initial treatments and control activities are to occur in each Task Order. All priorities provided by the Government will be in accordance with Part 5 below.

3.2 Facilities: None.

3.3 Utilities: The Government will provide access to water at designated locations only.

3.3.1 Water: Most water sources in the Range Areas of JBLM YTC are seasonal in nature and may not be available for the full duration of each annual performance period. Each fill point is to be considered potable water quality, and every effort must be made to avoid contamination of these facilities by herbicides. If a clean (uncontaminated) nurse tank is not installed and utilized on each mix truck or spray vehicle, then a separate vehicle with a nurse tank will be provided by the Contractor and used to draw water from the water fill points. Direct filling of spray tanks (tanks that have been contaminated with hicides) from these water sources will not be permitted. An air gap of six (6) inches minimum must be maintained between the hose end at each water point and the tank top fill hole on the nurse tank. Mixing of chemicals will not occur where spills can drain to, or storm water may flush chemicals to, the water fill point or well.

Within the above use guidelines, these water sources will be available for use by the Contractor. Any failure to comply with the above requirements will result in the Contractor obtaining water from an off-post water source at Contractor expense. Water is delivered at an estimated 110 gpm at approximately 60 psi pressure. Water points available during the execution of this contract are illustrated in TECHNICAL EXHIBIT 15. The Contractor will instruct employees in utilities conservation practices. The Contractor will be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount.

3.4 Equipment: None.

3.5 Forms: The Government will supply one copy of all blank Government forms required by these specifications. Some forms require reproducing by the Contractor locally, at no additional cost to the Government.

Non-Government forms will be provided by the Contractor. The Government will also provide copies of electronic forms.

3.6 Maps: The Government will supply two (2) sets of maps suitable for navigation and documentation of areas treated for each year of performance placed against this contract. Additional maps may be copied at Contractor expense at an off post copy facility if additional copies are required. Electronic copies will only be provided to the Contractor if they are available.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4 CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: Except as described in Part 3 of these specifications, the Contractor will furnish all labor, plant, facilities, vehicles, equipment, fuel, materials, supplies, and services to accomplish all work in this contract. The Contractor will repair or replace at his expense any Government property which has been damaged or destroyed as a consequence of his performance of work under this contract.

4.2 Vehicles and Equipment: The Contractor will provide to the USACE PM & COR a list of vehicles and equipment that will be accessing JBLM YTC to execute the requirements of this contract. In addition, the Contractor will ensure that all vehicles are properly licensed, registered, insured, and proof of such is carried in each vehicle at all times. Contractor employees entering post in privately-owned vehicles will also provide information to the COR to register those vehicles prior to entering JBLM YTC. Copies of contract documents, proof of Liability Insurance, state vehicle registration, and a current driver’s license are required for access to JBLM YTC. The Contractor will provide and maintain vehicles and equipment required to fulfill the terms of the contract. Vehicles and equipment will be in operable condition and meet all Federal, State, and local safety requirements. The Contractor will immediately remove from service and JBLM YTC, any non-acceptable vehicles and equipment identified as not meeting the above safety requirements. Repair or replacement of Contractor-furnished vehicles and equipment will be at Contractor's expense. The Contractor will not utilize Government property or Government equipment to perform maintenance or repair on Contractor-furnished vehicles or equipment unless authorized in writing by the Contracting Officer. In the event a Contractor-furnished vehicle becomes inoperable and cannot be repaired within 48 hours, the vehicle will be removed from JBLM YTC at the Contractor’s expense. If the vehicle is not removed within the designated time frame, the Government may have the vehicle removed at the Contractor’s expense. No secure storage location is available for Contractor supplied equipment. Contractor supplied vehicles may be left on the job site provided equipment does not block roadways. The Government is not responsible for any theft or damage that may occur as a result.

4.2.1 Application Equipment Requirements: The Contractor will ensure that all equipment applying pesticides on JBLM YTC lands are well maintained and properly calibrated prior to use.

4.2.2 Identification of Vehicles and Equipment: The Contractor will maintain legible markings (logo) located on both sides of all Contractor-furnished vehicles and equipment, which will include, as a minimum, the Contractor's name, Contractor's local telephone number, and Contractor assigned vehicle identification number. Markings will be large enough to be read at 20 feet by a person with 20/20 vision.

4.2.3 Vehicle and Equipment Contamination Signage: The Contractor will maintain signage on all vehicles and equipment used for the mixing and application of pesticides denoting that they are contaminated with pesticides.

Suggested verbiage for such signage is: “Vehicle Contaminated with Pesticides”. Lettering will be large enough to be read at 20 feet by a person with 20/20 vision.

4.3 Tools and Personal Protective Clothing: The Contractor will provide all tools and clothing (including personal protective clothing and equipment for Contractor employees when required by OSHA regulations and product labels) required to meet the terms of the contract. The following constitutes a non-exclusive listing of items the Contractor will furnish:

a. Fuel, oil and lubricants.

b. All equipment needed to perform work.

c. Personal clothing, safety equipment, and identification badges.

d. Labor.

e. All pesticides and related adjuvants and surfactants

4.4 Personnel: All Contractor personnel will possess a valid operator’s license appropriate for the work being performed and equipment being used.

4.4.1 Contractor Personnel: The Contractor will provide all personnel necessary to perform all work described in the contract. All personnel will be qualified, trained and appropriately licensed. All employees will be legal residents of the United States. All contract employees must obtain a favorable Government background check prior to performing work under this contract. In order to accomplish this background check, the Contractor will, no later than, ten (10) business days after contract award, complete and provide to the COR the access roster found at TECHNICAL EXHIBIT 18. The Contractor will not allow any person who receives an unfavorable background check, as determined by the Government, to perform work under this contract. Failure of any employee to obtain a favorable background check does not relieve the Contractor of the requirement to perform all work in accordance with the terms of the contract.

4.4.2 Contractor and Employee Relationship: The personnel performing under this contract are not employees of the Government, but rather of the Contractor. The Government and the Contractor understand and agree that the services to be delivered under this contract are non-personal services and that no employer-employee or master-servant relationship exists or will exist under the contract between the Government and the Contractor or between the Government and the Contractor's personnel. Further, the Contractor is not the Government's agent. The Government will not exercise any supervision or control over Contractor personnel performing services under this contract. Contractor personnel will not become an integrated part of the Government organization in connection with performance under this contract. The services to be performed under this contract do not require the Contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees will act and exercise personal judgment and discretion on behalf of the Contractor. Contractor personnel will not be eligible, by virtue of performance under this contract, for payment by the Government of entitlements and benefits accorded federal employees. The entire consideration to the Contractor for performance of this contract is contained in the provisions for payment set forth in this contract.

4.4.3 Identification of Contractor’s Employees: No later than 10 (ten) business days after contract award, the Contractor will provide the USACE PM & COR a list of all employees who will perform work under the contract. The Contractor will notify the COR in writing of any addition or deletion of personnel or change in employee work assignments at least five business day prior to such addition, deletion, or change. Each Contractor employee will wear a visible, Contractor furnished identification badge or card that will include, as a minimum, the full name and signature of the employee, a picture of the employee and the legal name under which the Contractor is doing business under the contract. Any lost or stolen badges will be reported to the COR immediately. While on JBLM YTC all Contractor employees will wear their identification badge or card on the chest portion of the exterior garment.

4.4.4 Employee Performance: All persons performing under this contract will remain employees of the Contractor and not of the Government. The Contractor will ensure that all personnel present a reasonably clean, neat appearance at all times, and that their conduct will not reflect discredit upon JBLM YTC. The Contracting Officer may require the Contractor to remove and may bar from the job site any employee found to be under the influence of alcohol, drugs, or any incapacitating agent, or who is determined to be a security or safety risk. The removal or barring from the job site of such person will not relieve the Contractor of the requirement to provide sufficient personnel to perform the services required by the contract within the required timeframe.

4.5 Pesticides and Pesticide Rotation: The Contractor will provide all pesticide and pesticide related (e.g., surfactant and adjuvant) products needed to accomplish the work contained in this PWS. Rotation of pesticides allowed for use at JBLM YTC is to be reviewed and approved by the YTC Pest Management Coordinator annually.

4.5.1 Pesticide Rotation. Pesticides approved for use each year are rotated in a manner that ensures no chemical group is used more than once every three years (See TECHNICAL EXHIBIT 17 for historic rotation of pesticides at JBLM YTC).

PART 5

SPECIFIC TASKS

5 SPECIFIC TASKS:

5.0 General Standards Required for Each Herbicide Task:

5.0.1 Monthly Report for Herbicide Use. The Contractor will submitted a completed monthly report for herbicide use by the fifth business day of the month following application of herbicides for each completed task. Electronic submission of the report to the COR and YTC Government Representative is required. A sample of such report is found at Technical Exhibit 5.

5.0.2 Acceptable Quality Level: The Contractor will achieve and maintain 90% control of designated vegetation for each task listed in this PWS for the duration of the performance period, with no incidence of off target application. It is assumed that the Contractor will need to conduct multiple periodic surveillance and retreat sites as needed throughout the growing season to successfully fulfill this performance standard.

5.1 Task 1 - Control of noxious weeds associated with Mil Class 2 Roads: The Contractor will provide season long control of designated weeds (undesirable vegetation) associated with Mil-Class 2 Roads. Designated weeds may entail all vegetation (e.g., control of all vegetation within the treatment area), or select control of specific species or classes of vegetation (e.g., broadleaf weeds). Control efforts (herbicide treatments) along those roads will address undesirable vegetation that occurs along both sides of the roads, to an average swath width of 8 feet along both sides of the road. Total swath width treated per mile will average 16 feet (8 feet per side of road). This equates to approximately 1.94 acres of treatment area per lineal mile of road. Herbicide treatments will be directed outward of the wearing surface to an average width of eight feet beyond the edge of the road (this includes the borrow ditch).

There may be instances where undesirable vegetation may occur on the outer edges of the wearing surface of the road; the Contractor is expected to control that vegetation. Total estimated annual acreage that could be treated each year includes an overall area of approximately 40 acres, or 20.6 miles at 1.94 acres per mile. See TECHNICAL EXHIBIT 2 for location of Mil-Class 2 treatment areas. All work will be accomplished in accordance with operational constraints found at Part 6 of this specification.

5.2 Task 2 - Control of noxious weeds associated with Mil Class 3 Roads: The Contractor will provide season long control of designated weeds (undesirable vegetation) associated with Mil-Class 3 Roads. Control of such vegetation will include all vegetation (e.g., non-selective control) that occurs within the treatment area. There are approximately 418 miles of Mil-Class 3 roads on YTC. The Contractors’ efforts will provide control of all vegetation that occurs across the full width of the improved road surface, and outward to the back-slope of the borrow ditch on both sides of the roads, for the full duration of the growing season. The average width of this area is approximately 24 feet. At an average 24 foot wide swath control area, there is approximately 2.9 acres per lineal mile of road where control efforts will occur. Total estimated annual acreage that could be treated each year includes an overall area of approximately 116 acres, or 40 miles at 2.9 acres per mile. See TECHNICAL EXHIBIT 6 for location of Mil-Class 3 treatment areas. All work will be accomplished in accordance with operational constraints found at Part 6 of this specification.

5.3 Task 3 - Control of musk and scotch thistle populations: The Contractor will provide control of musk and scotch thistle populations. The Contractor may select from a range of integrated pest management control methods for this task (e.g., chemical or mechanical) for these target species. The method(s) selected to control these species will consider limiting impacts to non-target species. The Contractors’ methods will be submitted to the COR for review and approval five business days prior to implementing control measures. Populations are typically scattered and spotty within control areas. Historically, populations have been associated with roads and previously disturbed sites, ephemeral (seasonal) drainages, and irrigation canals. Recent musk thistle treatment sites include 12 locations in the northern training areas of YTC, or approximately 480 acres. Control of this species will be based on increments of 100 acres areas which range in size from 1 to 245 acres and average 60 acres per site. Recent Scotch thistle treatment sites include 15 main locations in the southern training areas of YTC, or approximately 515 acres which range in size from 1 to 125 acres and average 34 acres per site. See the maps at TECHNICAL EXHIBIT 7 and TECHNICAL EXHIBIT 8 of areas where historic populations have been found. Note, new sites may be selected based upon need however the approximate acreage will remain the same. All work will be accomplished in accordance with operational constraints found at Part 6 of this specification.

5.4 Task 4 - Range 73 Weed Control: The Contractor will provide season long control of designated weed species within the Range 73 control area (approximately 205 acre footprint). Sample target species for control include but is not limited to kochia, diffuse knapweed, Russian thistle, and cheat grass. The Contractors’ efforts will prevent the growth and seed production of species designated for control throughout the performance period.

Growth of weedy species impairs the ability to use the range, while production of seed results in persistence of populations from year to year. The map at TECHNICAL EXHIBIT 9 illustrates the layout of Range 73 and identifies the areas where various control measures are required. The Contractors’ efforts will result in maintaining bare ground conditions in areas such as administrative areas, firing positions, roadways, firebreaks, target emplacements and any other areas where vegetative growth would impair the usability of the range. Selective control of designated broadleaf species is required in other areas where a desirable vegetative cover is to be maintained rather than bare ground. All work will be accomplished in accordance with operational constraints found at Part 6 of this specification.

5.5 Task 5, Range 2/3 Weed Control: The Contractor will provide season long control of designated weed species within the Range 2/3 control area (approximately 10 acre footprint). Sample target species for control include but is not limited to kochia, diffuse knapweed, Russian thistle, and cheat grass. The Contractors’ efforts will prevent the growth and seed production of designated species throughout the performance period. Growth of weedy species impairs the ability to use the range, while production of seed results in persistence of populations from year to year. The map at TECHNICAL EXHIBIT 10 illustrates the layout of Range 2/3 and identifies the areas where various control measures are required. The Contractors’ efforts will result in maintaining bare ground conditions in areas such as administrative areas, firing positions, roadways, target emplacements and any other areas where vegetative growth would impair the usability of the range. Selective control of designated broadleaf species is required in other areas where a desirable vegetative cover is to be maintained rather than bare ground. All work will be accomplished in accordance with operational constraints found at Part 6 of this specification.

5.6 Task 6 - Range 4 Weed Control: The Contractor will provide season long control of designated weed species within the Range 4 control area (approximately 425 acre footprint). Sample target species for control include but is not limited to kochia, diffuse knapweed, Russian thistle, and cheat grass. The Contractors’ efforts will prevent the growth and seed production of target species throughout the performance period. Growth of weedy species impairs the ability to use the range, while production of seed results in persistence of populations from year to year. The map at TECHNICAL EXHIBIT 11 illustrates the layout of Range 4 and identifies the areas where various control measures are required. The Contractors’ efforts will result in maintaining bare ground conditions in areas such as administrative areas, firing positions, roadways, firebreaks, target emplacements and any other areas where vegetative growth would impair the usability of the range. Broadleaf selective herbicides are required in other areas where bare ground is not desired; however a broadleaf species is present that requires control. All work will be accomplished in accordance with operational constraints found at Part 6 of this specification.

5.7 Task 7, Range 5 Weed Control: The Contractor will provide season long control of designated weed species within the…