17-Q-0038_Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W912EF-17-Q-0038 10-Feb-2017

b. TELEPHONE NUMBER

509-527-7212

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 10 Mar 2017

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 X 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.

W912EF9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

PATRICIA THOMAS

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

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

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

W68SBV70253023

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

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USAED, WALLA WALLA - CONTRACTING DIV.

PATRICIA THOMAS

201 N. THIRD AVENUE

WALLA WALLA WA 99362-1876

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 960502 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

ARMY CORPS OF ENGINEERS

PERFORMANCE SPECIALIST

ICE HARBOR

2763 MONUMENT DRIVE

BURBANK WA 99323-8639

TEL: 509-543-6068 FAX: 509-543-3201

509-527-7802FAX:

TEL: 509-527-7212

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

7.5 mil

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF75

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.

W912EF-17-Q-0038

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 54 Each

BARE GROUND

FFP

APPLICATION (PRE EMERGENT) MCNARY DAM; WILDLIFE AREA - 46

ACRESWA BOAT RAMP - 4.5 ACRESPASCO SHOP - 1.5 ACRESPUMP

PLANT LOCATIONS - 2ACRES

FOB: Destination

MILSTRIP: W68SBV70253023

PURCHASE REQUEST NUMBER: W68SBV70253023

NET AMT

0002 7 Acre

BROADLEAF

FFP

WEED CONTROL MCNARY DAM AREA - 7 ACRES

FOB: Destination

0003 17 Acre

BARE GROUND

FFP

APPLICATION (PRE EMERGENT) MCNARY BEACH - 1 ACRES LEWIS &;

CLARK TRAIL - 6 ACRES WAREHOUSE BEACH - 3 ACRES HOOD PARK

NATURE AREA - 6 ACRES TOOTHAKER HMU - .5 ACRES YAKIMA

DELTA - .5 ACRES

FOB: Destination

0004 15 Acre

BROADLEAF

FFP

WEED CONTROL PARA 5.4- AREAS TO BE DETERMINED BY COR

FOB: Destination

0005 15 Acre

TOTAL WEED

FFP

CONTROL PARA 5.4 - AREAS TO BE DETERMINED BY COR

FOB: Destination

0006 1 Acre

BARE GROUND

FFP

APPLICATION (PRE EMERGENT) SANDSTATION BEACH - 1 ACRES

FOB: Destination

0007 23 Acre

BROADLEAF WEED CONTROL

FFP

(TURF GRASS) SPILLWAY PARK - 5 ACRES MCNARY BEACH - 3 ACRES

HOOD PARK - 15 ACRES

FOB: Destination

0008 22 Acre

BARE GROUND

FFP

APPLICATION (PRE EMERGENT) ICE HARBOR SOUTH SHORE - 14

ACRES ICE HARBOR NORTH SHORE - 3 ACRES LOWER MONUMENTAL

DAM - 2 ACRES LOWER MONUMENTAL JUVENILE FISH FACILITY - 3

ACRES

FOB: Destination

0009 1 Acre

BROADLEAF WEED

FFP

CONTROL (TURF GRASS) LOWER MONUMENTAL JUVENILE FISH

FACILITY - 1 ACRES

FOB: Destination

0010 11 Acre

BARE GROUND

FFP

APPLICATION (PRE EMERGENT) LEVEY PARK - 2 ACRES BIG FLAT

HMU - 1 ACRE LOST ISLAND HMU - 1 ACRE WINDUST PARK - 1 ACRE

CHARBONNEAU PARK - 3 ACRES HOLLEBEKE HMU - 1 ACRE DEVILS

BENCH - 1 ACRE MATHEWS BOAT LAUNCH - 1 ACRE

FOB: Destination

0011 1 Acre

BARE GROUND

FFP

APPLICATION (PRE EMERGENT) FISHHOOK PARK - 1 ACRE

FOB: Destination

0012 35 Acre

BROADLEAF

FFP

WEED CONTROL (TURF GRASS) ICE HARBOR SOUTH SHORE - .5 ACRE

CHARBONNEAU PARK - 15 ACRES WINDUST PARK - 5 ACRES

FISHHOOK PARK - 10 ACRESLEVEY PARK 4.5 ACRES

FOB: Destination

1001 54 Each

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) MCNARY DAM; WILDLIFE AREA - 46

ACRESWA BOAT RAMP - 4.5 ACRESPASCO SHOP - 1.5 ACRESPUMP

PLANT LOCATIONS - 2ACRES

FOB: Destination

1002 7 Acre

OPTION BROADLEAF

FFP

WEED CONTROL MCNARY DAM AREA - 7 ACRES

1003 17 Acre

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) MCNARY BEACH - 1 ACRES LEWIS &;

CLARK TRAIL - 6 ACRES WAREHOUSE BEACH - 3 ACRES HOOD PARK

NATURE AREA - 6 ACRES TOOTHAKER HMU - .5 ACRES YAKIMA

DELTA - .5 ACRES

1004 15 Acre

OPTION BROADLEAF

FFP

WEED CONTROL PARA 5.4- AREAS TO BE DETERMINED BY COR

1005 15 Acre

OPTION TOTAL WEED

FFP

CONTROL PARA 5.4 - AREAS TO BE DETERMINED BY COR

1006 1 Acre

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) SANDSTATION BEACH - 1 ACRES

1007 23 Acre

OPTION BROADLEAF WEED CONTROL

FFP

(TURF GRASS) SPILLWAY PARK - 5 ACRES MCNARY BEACH - 3 ACRES

HOOD PARK - 15 ACRES

1008 22 Acre

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) ICE HARBOR SOUTH SHORE - 14

ACRES ICE HARBOR NORTH SHORE - 3 ACRES LOWER MONUMENTAL

DAM - 2 ACRES LOWER MONUMENTAL JUVENILE FISH FACILITY - 3

ACRES

1009 1 Acre

OPTION BROADLEAF WEED

FFP

CONTROL (TURF GRASS) LOWER MONUMENTAL JUVENILE FISH

FACILITY - 1 ACRES

1010 11 Acre

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) LEVEY PARK - 2 ACRES BIG FLAT

HMU - 1 ACRE LOST ISLAND HMU - 1 ACRE WINDUST PARK - 1 ACRE

CHARBONNEAU PARK - 3 ACRES HOLLEBEKE HMU - 1 ACRE DEVILS

BENCH - 1 ACRE MATHEWS BOAT LAUNCH - 1 ACRE

1011 1 Acre

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) FISHHOOK PARK - 1 ACRE

1012 35 Acre

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) LEVEY PARK - 2 ACRES BIG FLAT

HMU - 1 ACRE LOST ISLAND HMU - 1 ACRE WINDUST PARK - 1 ACRE

CHARBONNEAU PARK - 3 ACRES HOLLEBEKE HMU - 1 ACRE DEVILS

BENCH - 1 ACRE MATHEWS BOAT LAUNCH - 1 ACRE

2001 54 Each

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) MCNARY DAM; WILDLIFE AREA - 46

ACRESWA BOAT RAMP - 4.5 ACRESPASCO SHOP - 1.5 ACRESPUMP

PLANT LOCATIONS - 2ACRES

2002 7 Acre

OPTION BROADLEAF

FFP

WEED CONTROL MCNARY DAM AREA - 7 ACRES

2003 17 Acre

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) MCNARY BEACH - 1 ACRES LEWIS &;

CLARK TRAIL - 6 ACRES WAREHOUSE BEACH - 3 ACRES HOOD PARK

NATURE AREA - 6 ACRES TOOTHAKER HMU - .5 ACRES YAKIMA

DELTA - .5 ACRES

2004 15 Acre

OPTION BROADLEAF

FFP

WEED CONTROL PARA 5.4- AREAS TO BE DETERMINED BY COR

2005 15 Acre

OPTION TOTAL WEED

FFP

CONTROL PARA 5.4 - AREAS TO BE DETERMINED BY COR

2006 1 Acre

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) SANDSTATION BEACH - 1 ACRES

2007 23 Acre

OPTION BROADLEAF WEED CONTROL

FFP

(TURF GRASS) SPILLWAY PARK - 5 ACRES MCNARY BEACH - 3 ACRES

HOOD PARK - 15 ACRES

2008 22 Acre

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) ICE HARBOR SOUTH SHORE - 14

ACRES ICE HARBOR NORTH SHORE - 3 ACRES LOWER MONUMENTAL

DAM - 2 ACRES LOWER MONUMENTAL JUVENILE FISH FACILITY - 3

ACRES

2009 1 Acre

OPTION BROADLEAF WEED

FFP

CONTROL (TURF GRASS) LOWER MONUMENTAL JUVENILE FISH

FACILITY - 1 ACRES

2010 11 Acre

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) LEVEY PARK - 2 ACRES BIG FLAT

HMU - 1 ACRE LOST ISLAND HMU - 1 ACRE WINDUST PARK - 1 ACRE

CHARBONNEAU PARK - 3 ACRES HOLLEBEKE HMU - 1 ACRE DEVILS

BENCH - 1 ACRE MATHEWS BOAT LAUNCH - 1 ACRE

2011 1 Acre

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) FISHHOOK PARK - 1 ACRE

2012 35 Acre

OPTION BROADLEAF

FFP

WEED CONTROL (TURF GRASS) ICE HARBOR SOUTH SHORE - .5 ACRE

CHARBONNEAU PARK - 15 ACRES WINDUST PARK - 5 ACRES

FISHHOOK PARK - 10 ACRESLEVEY PARK 4.5 ACRES

3001 54 Each

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) MCNARY DAM; WILDLIFE AREA - 46

ACRESWA BOAT RAMP - 4.5 ACRESPASCO SHOP - 1.5 ACRESPUMP

PLANT LOCATIONS - 2ACRES

3002 7 Acre

OPTION BROADLEAF

FFP

WEED CONTROL MCNARY DAM AREA - 7 ACRES

3003 17 Acre

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) MCNARY BEACH - 1 ACRES LEWIS &;

CLARK TRAIL - 6 ACRES WAREHOUSE BEACH - 3 ACRES HOOD PARK

NATURE AREA - 6 ACRES TOOTHAKER HMU - .5 ACRES YAKIMA

DELTA - .5 ACRES

3004 15 Acre

OPTION BROADLEAF

FFP

WEED CONTROL PARA 5.4- AREAS TO BE DETERMINED BY COR

3005 15 Acre

OPTION TOTAL WEED

FFP

CONTROL PARA 5.4 - AREAS TO BE DETERMINED BY COR

3006 1 Acre

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) SANDSTATION BEACH - 1 ACRES

3007 23 Acre

OPTION BROADLEAF WEED CONTROL

FFP

(TURF GRASS) SPILLWAY PARK - 5 ACRES MCNARY BEACH - 3 ACRES

HOOD PARK - 15 ACRES

3008 22 Acre

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) ICE HARBOR SOUTH SHORE - 14

ACRES ICE HARBOR NORTH SHORE - 3 ACRES LOWER MONUMENTAL

DAM - 2 ACRES LOWER MONUMENTAL JUVENILE FISH FACILITY - 3

ACRES

3009 1 Acre

OPTION BROADLEAF WEED

FFP

CONTROL (TURF GRASS) LOWER MONUMENTAL JUVENILE FISH

FACILITY - 1 ACRES

3010 11 Acre

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) LEVEY PARK - 2 ACRES BIG FLAT

HMU - 1 ACRE LOST ISLAND HMU - 1 ACRE WINDUST PARK - 1 ACRE

CHARBONNEAU PARK - 3 ACRES HOLLEBEKE HMU - 1 ACRE DEVILS

BENCH - 1 ACRE MATHEWS BOAT LAUNCH - 1 ACRE

3011 1 Acre

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) FISHHOOK PARK - 1 ACRE

3012 35 Acre

OPTION BROADLEAF

FFP

WEED CONTROL (TURF GRASS) ICE HARBOR SOUTH SHORE - .5 ACRE

CHARBONNEAU PARK - 15 ACRES WINDUST PARK - 5 ACRES

FISHHOOK PARK - 10 ACRESLEVEY PARK 4.5 ACRES

4001 54 Each

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) MCNARY DAM; WILDLIFE AREA - 46

ACRESWA BOAT RAMP - 4.5 ACRESPASCO SHOP - 1.5 ACRESPUMP

PLANT LOCATIONS - 2ACRES

4002 7 Acre

OPTION BROADLEAF

FFP

WEED CONTROL MCNARY DAM AREA - 7 ACRES

4003 17 Acre

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) MCNARY BEACH - 1 ACRES LEWIS &;

CLARK TRAIL - 6 ACRES WAREHOUSE BEACH - 3 ACRES HOOD PARK

NATURE AREA - 6 ACRES TOOTHAKER HMU - .5 ACRES YAKIMA

DELTA - .5 ACRES

4004 15 Acre

OPTION BROADLEAF

FFP

WEED CONTROL PARA 5.4- AREAS TO BE DETERMINED BY COR

4005 15 Acre

OPTION TOTAL WEED

FFP

CONTROL PARA 5.4 - AREAS TO BE DETERMINED BY COR

4006 1 Acre

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) SANDSTATION BEACH - 1 ACRES

4007 23 Acre

OPTION BROADLEAF WEED CONTROL

FFP

(TURF GRASS) SPILLWAY PARK - 5 ACRES MCNARY BEACH - 3 ACRES

HOOD PARK - 15 ACRES

4008 22 Acre

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) ICE HARBOR SOUTH SHORE - 14

ACRES ICE HARBOR NORTH SHORE - 3 ACRES LOWER MONUMENTAL

DAM - 2 ACRES LOWER MONUMENTAL JUVENILE FISH FACILITY - 3

ACRES

4009 1 Acre

OPTION BROADLEAF WEED

FFP

CONTROL (TURF GRASS) LOWER MONUMENTAL JUVENILE FISH

FACILITY - 1 ACRES

4010 11 Acre

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) LEVEY PARK - 2 ACRES BIG FLAT

HMU - 1 ACRE LOST ISLAND HMU - 1 ACRE WINDUST PARK - 1 ACRE

CHARBONNEAU PARK - 3 ACRES HOLLEBEKE HMU - 1 ACRE DEVILS

BENCH - 1 ACRE MATHEWS BOAT LAUNCH - 1 ACRE

4011 1 Acre

OPTION BARE GROUND

FFP

APPLICATION (PRE EMERGENT) FISHHOOK PARK - 1 ACRE

4012 35 Acre

OPTION BROADLEAF

FFP

WEED CONTROL (TURF GRASS) ICE HARBOR SOUTH SHORE - .5 ACRE

CHARBONNEAU PARK - 15 ACRES WINDUST PARK - 5 ACRES

FISHHOOK PARK - 10 ACRESLEVEY PARK 4.5 ACRES

INFORMATION TO OFFEROR

Submit quotes via email to: patricia.thomas@usace.army.mil

Submit the following in 1 copy:

1. Signed and dated Standard Form 1449 (Solicitation / Contract / Order for Commercial Items) and any Standard

Form 30 (Amendments) with your GRAND total summary.

2. Completed schedule (pricing information) for all line items listed in the solicitation. FOB destination shipping shall be included in the pricing for each line item number. Incomplete pricing schedules may be rejected.

3. Completed provision 52.212-3, Alt I, “Offeror Representations and Certifications – Commercial Items”. If you are registered in SAM, and the information is current, you are not required to fill out the provision, but you must indicate that your SAM record is current.

4. CAGE Code: _________________________________

DUNS number: _______________________________

Tax Identification Number: ______________________

5. Contact information for the individual submitting the quote, including e-mail address.

Business Name: _______________________________

Address:________________________________________________________________

Phone number:________________________________

POC E-mail address: ___________________________ mailto:patricia.thomas@usace.army.mil

6. Any questions about the solicitation shall be submitted in the form of e-mail only. In order to be impartial, we are required to share the questions and answers to all potential vendors.

Basis for award:

Award will be made in accordance with FAR 13.106 to the responsible offeror conforming to all solicitation requirements and representing the best valued based on price.

SITE VISIT INFORMATION

Site Visit: A site visit is planned for Wednesday, March 1, 2017 at 0900 at Ice Harbor Natural Resources. Plan to meet at the overlook building prior to 0900.

There will be only one site visit offered. Offerors planning to attend the site visit must e-mail

Patricia.thomas@usace.army.mil no later than 10:00 a.m. Monday, February 27th, 2017. Site visit attendees must provide the following information when e-mailing: (1) the name of the company being represented; (2) how many people are in the party; (3) the names of each person in the party. Each individual attending the site visit shall have picture identification on his/her person while visiting the project site. There shall be no substitutions of one individual for another. If an individual arrives for the site visit without having e-mailed or called ahead of time and/or without picture identification, that individual may not be allowed on the project. All vehicles are subject to search. All parties must wear close-toed shoes and full-length pants. Dress accordingly for outdoor

Questions WILL NOT be answered during the site visit. All questions shall be submitted in writing within two (2) days of the site visit via email to patricia.thomas@usace.army.mil

Set-aside status: The solicitation is scheduled to be issued 100% Small Business.

All Attendees Must Be U.S. Citizens with a valid photo I.D. in their Possession the Day of the Site Visit to Enter The

Project. (No Exceptions Will Be Made)

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

FOR THE APPLICATION OF PESTICIDE

TRI-RIVERS NATURAL RESOURCES

1. COMMENCEMENT, PROSECUTION, AND COMPLETION

1.1 BASE YEAR. This contract shall become effective on March 01, 2017 (or on the date of award, if subsequent thereto) and shall continue in full force and effect to and including September 30, 2017, unless terminated as otherwise provided in the contract.

1.2 OPTION YEARS. This contract is renewable for four (4) additional one-year periods, at the option of the

Government, by the Contracting Officer (KO) giving written notice of renewal to the Contractor.

Option year 1 effective March 1, 2018 through September 30, 2018

Option year 2 effective March 1, 2019 through September 30, 2019

Option year 3 effective March 1, 2020 through September 30, 2020

Option year 4 effective March 1, 2021 through September 30, 2021

2. SCOPE OF WORK. The Contractor is to furnish all labor, equipment, chemicals necessary for the application of herbicides to various right-of-way, turf, aquatic and non-crop sites on McNary Lock and Dam lands, Ice Harbor Lock and Dam, and Lower Monumental Lock and Dam, to the extent of TRI-RIVERS NATURAL

RESOURSES area of responsibility, in accordance with the following specifications. NOTE: Mixing of pesticides shall be done only in designated location determined by the COR. Pesticides must be stored in a locked exterior cabinet while on Corps of Engineers property.

mailto:Patricia.thomas@usace.army.mil mailto:patricia.thomas@usace.army.mil

Utility services (electrical power, water services) required in the performance of the contract can be obtained where available from Government sources within the contract areas or from other sources approved by the COR.

Applicator must be licensed in the State of Oregon and the State of Washington. Applicators must possess the appropriate category for which they are applying. This contract requires licensed applicators with endorsements in

Aquatic, Right of way, Industrial, Ornamental and Turf, and Regulatory Weed. Reciprocity between Oregon and

Washington may be available on a case by case basis to be determined by State agencies. Contractor must show proof of licensing prior to award of contract.

All applications of pesticides may be applied by boom application, pressure sprayer, 4-wheeled ATV, backpack sprayer, or hand spreader and in accordance with the product label and State, County, and Federal regulations (See

Appendix A). Applications will be according to manufacturer labels and rates for maximum effectiveness on the target species. Contractor shall use dye for bare ground application for accurate accountability at the discretion of the COR.

Contractor must prevent spillage and inadvertent or over spraying of target areas. Contractors spraying will not interfere with the normal operation of Government activities.

The contractor is required to provide the COR with a current product label and Safety Data Sheet (SDS) for all chemicals being used, including surfactants, stickers, and spray indicators. In addition, the contractor must have this information available at all times while working under this contract.

Contractor will be responsible for all damages to non-target plants and areas. Contractor will be required to replace or repair damaged plants and structures with equivalent items.

Contractor will be required to complete an approved Pesticide Application Record in accordance with the Walla

Walla District Pest Management Program. Completed forms will be given to the COR. Digital form of record may be accepted no later than 3 business days after application, and, or hard copy placed in a designated location upon completion of a day’s application.

3. PRE-WORK CONFERENCE. Prior to beginning work under this contract, the Contractor must attend a pre-work conference at a time, date, and location established by the government. The purpose of this meeting is to review the requirements of this contract and furnish points of emergency communication. A prework meeting will be required prior to the start of each option year of the contract thereafter. The purpose of the prework meeting is to discuss and assure the Contractor’s understanding of the contract requirements, safety, quality control program and environmental protection.

4. PESTICIDE APPLICATIONs

4.1 BARE GROUND APPLICATIONS (Pre-Emergent). To be sprayed no later than March 30 th

. The contractor must submit a product label to get permission to use any Pesticide from the COR or their representative.

Applications will be made using high-pressure system and boom applicator or backpack spray equipment, or spreader. Contractor shall at the discretion of the COR, use dye for bare ground application for accurate accountability. Asphalt road shoulders will be maintained at 5 foot from edge of road where necessary and gravel roads will be maintained at 10 foot wide. See attached maps.

4.1.1 McNary Lock and Dam (Lake Wallula) (Approx. 72 acres)

LOCATION ACRES STATE CLIN

McNary Dam & Wildlife 46 Oregon 0001

WA Boat Ramp 4.5 Washington 0001

Pasco Shop 1.5 Washington 0001

Pump Plant Locations 2 Washington 0001

McNary Beach 1 Oregon 0003

Lewis & Clark Trail 6 Oregon 0003

Warehouse Beach 3 Oregon 0003

Hood Park Nature Area 6 Washington 0003

Toothaker HMU .5 Washington 0003

Yakima Delta HMU .5 Washington 0003

Sandstaion Beach 1 Oregon 0006

4.1.2 Ice Harbor Pool (Lake Sacajawea) (Approx. 27 Acres)

LOCATION ACRES CLIN

Ice Harbor South Shore 14 0008

Ice Harbor North Shore 3 0008

Levey Park 2 0010

Big Flat HMU 1 0010

Lost Island HMU 1 0010

Windust Park 1 0010

Charbonneau Park 3 0010

Hollebeke HMU 1 0010

Fishhook Park 1 0011

4.1.3 Lower Monumental Pool (Lake Herbert G. West) (approx. 7 acres)

Lower Monumental Dam 2 0008

Lower Monumental Juvenile Fish facility

3 0008

Devils Bench 1 0010

Mathews 1 0010

4.2 BROADLEAF WEED CONTROL (Turf Grass). The contractor must submit a product label to get permission to use any Pesticide from the COR or their representative. Applications will be made using high-pressure system and boom applicator or backpack spray equipment. Spraying of lawns for control of broadleaf weeds including but not limited to; Canada thistle, Russian thistle, kochia, mustard, diffuse knapweed, spikeweed, puncture vine and other broadleaf weeds. Spraying will take place as needed throughout the season from February through

September. Applications of broadleaf weed control (Turf Grass) may be done in the following area only. See attached maps.

4.2.1 McNary Lock and Dam (Lake Wallula)-(30 acres)

McNary Lock and Dam area

7 0002

Spillway Park 5 0007

McNary Beach 3 0007

Hood Park 15 0007

4.2.2 Ice Harbor Dam (Lake Sacajawea)-(35 acres)

Ice Harbor South Shore .5 0012

Levey Park 4.5 0012

Windust Park 5 0012

Charbonneau Park 15 0012

Fishhook Park 10 0012

4.2.3 Lower Monumental Dam ( Lake Herbert G. West)-(1 acre)

Lower Monumental Juvenile Fish facility

1 0009

4.3 BROADLEAF WEED CONTROL (15 acres). The contractor must submit a product label to get permission to use any pesticide from the COR or their representative (See appendix A for the approved chemical list). The COR will designate areas to be treated on McNary Pool natural resource areas using high-pressure system and boom applicator or backpack spray equipment. Spray road edges, lawns, parking areas, trails, and fields for control of broadleaf weeds including; Canada thistle, Russian thistle, kochia, mustard, diffuse knapweed, spikeweed, puncture vine and other broadleaf weeds. Spraying will take place as needed throughout the season from March through September.

4.4 TOTAL KILL WEED CONTROL (15 acres). The contractor must submit a product label to get permission to use any pesticide from the COR or their representative (See appendix A for the approved chemical list). The COR will designate areas to be treated on McNary Pool natural resource areas using high-pressure system and boom applicator or backpack spray equipment. Spray road edges, lawns, parking areas, trails, and fields for control of weeds including; Canada thistle, Russian thistle, kochia, mustard, diffuse knapweed, spikeweed, puncture vine, yellow flag iris, reed canary grass and other weeds. Spraying will take place as needed throughout the season from March through September.

5. REQUIRED REPORTS. The Contractor is required to generate, complete and submit reports to the

Government. The following is a list of reports, information to be furnished on each report and a time or frequency requirement for each report. Individual report deadlines for periodic reports will be negotiated with the Contractor prior to award.

5.1 Incident/Accident Report: An accident constitutes an incident or act involving the Contractor, which may or may not have caused obvious damage to persons or property. This includes injuries to Contractor employees, members of the public, or damage to Government or personal property. The Contractor shall notify the COR by telephone within 30 minutes of any incident or accident, followed by a written report. These reports shall include, but are not limited to, location, nature of the injury or accident, authorities notified and the action taken along with any other pertinent information such as who was injured and how it may have happened. These reports shall be accompanied by sketches, graphs, drawings, and photographs, as needed, and forwarded to the COR within 1 working day following the injury or accident.

5.2 Property Inventory: The Contractor must maintain an accurate account of Government furnished property for safety and security of the facilities for which they will be working.

5.3 Report of Loss or Damage: In all instances where Government property and/or equipment is not located or is otherwise found to be damaged, the Contractor must submit a written report of the damages and circumstances to the COR within 24 hours.

5.4 CONTRACTOR Quality Control Report: Completed by Contractor Quality Control personnel. This report details Contractor surveillance of work, records performance achieved, deficiencies observed and corrective action taken. This report must be submitted daily, by electronic methods using PDF format, for the previous day.

5.5 Safety Meeting Minutes: Lists topics and issues discussed at weekly safety meetings and the names of employees in attendance by date per week. This report must be submitted monthly.

5.6 Employee Exposure Hours: A total of personnel-hours worked by Contractor employees during the month. This report must be submitted monthly.

5.7 Pesticide Application Reports: The Contractor shall complete an NPW Form 178 (Pesticide Application

Record) or equivalent at the completion of daily spraying activities. Each application record shall have date and time of application, names of the herbicide and surfactants applied (EPA reg. #, Trade Name, Company), application rates, weather conditions (temperature, wind direction and speed), quantity of herbicide concentrate applied, applicator information (include applicator license #), application equipment listing (backpack, boom sprayer), number of acres treated, and location of application. This report is to be submitted within 48 hours, by electronic methods, using PDF format. An annual summary of all pesticides used shall also be submitted to the COR no later than December 1 of each year, utilizing GIS data point analysis through Environmental Sensitivities Research

Institute (ESRI) shapefile or geodatabase files. This report shall then be copied to a Compact Data Disk (CD). Two copies of this report shall be submitted to the COR.

6. ANTI-TERRORIST/OPERATIONAL SECURITY (AT/OPSEC) Requirements

6.1 AT Level I Training. All contractor employees, to include subcontractor employees, requiring access to

Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall 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 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; or it can be provided by the Requiring Activity (RA) Antiterrorism

Officer (ATO) in presentation form which will be documented via memorandum.

6.2 Access and General Protection/Security Policy and Procedures. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime

Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army

Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

6.3 Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say

Something). The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally 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 project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

6.4 Escort. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

6.5 E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program

(http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Contractor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

7. QUALITY ASSURANCE. This Quality Assurance Surveillance Plan (QASP) which is a separate document, provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:

What will be monitored, How monitoring will take place, Who will conduct the monitoring, How monitoring efforts and results will be documented.

This QASP does not detail how the Contractor accomplishes the work. Rather, the QASP is created with the premise that the Contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance. In addition, the

QASP should recognize that unforeseen and uncontrollable situations may occur.

This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the

Government shall coordinate changes with the Contractor. Updates shall ensure that the QASP remains a valid, useful, and enforceable document. Copies of the original QASP and revisions shall be provided to the Contractor and Government officials implementing surveillance activities.

7.1 PERFORMANCE STANDARDS. Performance standards define desired services. The Government performs surveillance to determine if the Contractor exceeds, meets or does not meet these standards.

The Performance Requirements (PR) Summary Matrix, below and in the QASP includes performance requirements. The Government will use these standards to determine Contractor performance and shall compare

Contractor performance to the Performance Standard.

Performance

Requirement

Specification reference

Acceptable

Quality Level

Method of Surveillance

Contractor must follow the applicable safety provisions of EM 385-1-1.

4.0 100% compliance

Periodic Inspection

Contractor is to provide pesticide application services as specified in the contract.

1.0

100%

Contractor must follow all environmental compliance requirements.

1.0 – 2.0

Contractor must follow all regulations in Appendix A from Pest

Management Program

11-14

8. SAFETY. The Contractor and their employees shall comply with all pertinent provisions of the most recent version of The Corps of Engineers Manual EM 385-1-1 entitled "Safety and Health Requirements Manual" (a copy is available for prospective bidders information and for successful contractors use).

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

1_2008Sep_Consolidated_2011Aug.pdf

The Occupational Safety and Health Act: This contract is subject to the provisions and regulations issued by the

U.S. Department of Labor under authority of Public Laws 91-54 and 91-596.

Applicable regulations of the U.S. Army Engineer District, Walla Walla, as the storage and handling of materials, equipment, fuels, and supplies will be strictly complied with. All operations will be performed in accordance with accepted safe practices and subject to the inspection and approval of the Natural Resource Manager or their representative and/or the District Safety Engineer.

Contractor will be required to wear all personal protection equipment specified in the product label including goggles, face shield, or safety glasses during all mixing operations, application, and handling of the chemical. Also, rubber gloves will be required while handling the chemical and hard hats will worn during all work on Corps of

Engineers property directly related to Dam operations or near heavy equipment operation or construction activities.

All operations will be in compliance with State and Federal regulations concerning the use and handling of pesticides in the eastern portions of Washington and Oregon

The Contractor at the discretion of the COR, shall provide Pesticide Application Notice signs and will be responsible for posting and maintaining posted signs according to pesticide labels. These signs measure 4.5" x 5" and provide space where the Contractor will list the commercial or trade-names of the chemical used, date and time of application, location treated and the Contractor business name and telephone number. The Contractor shall post the signs a minimum of 24 hours before applying chemicals in areas of frequent public use. The Contractor will recommend posting locations for approval by the COR or their representative who may require the Contractor to increase or decrease sign numbers or change recommended locations. The Contractor shall supply necessary signposts or other mounting devices and all hardware. Signs will not be fastened to trees. The COR may allow use of http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1_2008Sep_Consolidated_2011Aug.pdf http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1_2008Sep_Consolidated_2011Aug.pdf some existing signposts. The Contractor shall remove the signs and post only after contamination hazard to the using public in the area treated has diminished to an acceptable level as determined by label information of the product.

9. SUBMISSION OF INVOICES. Submit invoice to COR who will review and approve and then forward on to USAED Millington finance Center for payment. All invoices must have Contractors name as it appears in

SAM; address; contract number; and month of services. Only those work items satisfactorily completed during the month shall appear on the invoice. Payment will not be made for work not performed.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items OCT 2016

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015

52.217-5 Evaluation Of Options JUL 1990

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

Invoices – Simplified Acquisition Procedures

The Contractor shall submit invoices as follows:

Original invoices shall be e-mailed to:

Elizabeth.H.Dailey@usace.army.mil

And

Patricia.thomas@usace.army.mil

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics

Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA

Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name) mailto:Elizabeth.H.Dailey@usace.army.mil mailto:Patricia.thomas@usace.army.mil

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2016)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (t) of this provision.

(a) Definitions. As used in this provision--

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

https://www.sam.gov/portal http://www.dol.gov/fairpayandsafeworkplaces

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and

Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational

Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment

Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment

Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the

FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and

Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or…