A22 - W912EK23Q0021-Amendment 0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Amendment 0001 is hereby issued for the follow ing reasons. Revised bids are required per these changes and are due by 6/12/2023 2:00PM Central Time.

1. The Government has updated the required Spraying Schedule w ith changes to the PWS and Attachment 0001 - Herbicide Contract Schedule of Prices. In the updated attachment second sprays are broken out separately and are priced as option items.

2. FAR 52.217-7 “Option for Increased Quantity-Separately Priced Line Item” is hereby added to the solicitation for the separately priced optional 2nd sprayings.

3. FAR 52.212-5 basic clause is hereby replaced w ith 52.212-5 (DEV) based on Class Deviation 2018-O0021, a version that streamlines to only select the applicable clauses."

1. CONTRACT ID CODE PAGE OF PAGES

1 42

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

16C. DATE SIGNED

BY 06-Jun-2023

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912EK23Q0021

X 9B. DATED (SEE ITEM 11)

03-May-2023

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

06-Jun-2023

CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS 1500 ROCK ISLAND D

ROCK ISLAND IL 61201

W912EK 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912EK23Q0021

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 24-May-2023 02:00 PM to 12-Jun-2023 02:00 PM.

MVR.03

QUESTION AND ANSWER

via email

Technical inquiries and questions relating to this solicitation are to be submitted to Contract Specialist, Jocelyn Rain via email at jocelyn.w.rain@usace.army.mil no later than 12:00PM Central Time on June 8, 2023.

SCHEDULE OF PRICES

Offerors shall dowload, complete, and submit the Amendment 0001 Schedule of Prices with their completed solicitation. This is a Microsoft Excel file which can be found in the Attachments/Links section of the notice for this soliciation on https://www.sam.gov. The file name is:

A22 - 23Q0021-0001_Attachment 0001 - Herbicide Contract Schedule of Prices.xlsx

The following have been modified:

PERFORMANCE WORK STATEMENT

PWS AND QASP

U.S. ARMY CORPS OF ENGINEERS

ROCK ISLAND DISTRICT

SERVICE CONTRACT FOR HERBICIDE APPLICATION:

MISSISSIPPI RIVER PROJECT RECREATION AREAS

C-1 GENERAL

C-2 LOCATIONS

C-3 TREATMENT AREAS & CONTROL OF OBJECTIVES

C-4 TIMING, ACCESS, FLOODING, WEATHER

C-5 HERBICIDES & SPRAYING

C-6 SAFETY

C-7 CONTRACTOR SUBMITTALS

C-8 LIABILITY OF & DAMAGES TO THE GOVERNMENT

C-9 POST AWARD CONFERENCE

C-10 PAYMENT PROCEDURES

C-11 ANTITERRORISM (AT) AND OPERATIONS SECURITY (OPSEC)

C-12 SUSTAINABILITY

ATTACHMENTS:

A SITE INFORMATION

B SERVICE AREA SPRAY MAPS

C APPROVED HERBICIDE LIST

C-1 GENERAL INFORMATION

C.1.1 General: This contract provides for the pre-emergent control and eradication of target vegetative growth, through the provision and application of chemical herbicides on specified areas at nine recreation areas and twelve locks and dams. Work shall consist of furnishing all necessary equipment, labor, materials, herbicides, travel time, mobilizations, and state licenses necessary to accomplish the specified vegetative control.

All Recreation service areas shall be sprayed at a minimum two (2) times per year. All Recreation service areas shall be sprayed during time interval 1 between June 5th and June 21st on Mondays, Tuesdays, or Wednesdays. All Recreation service areas shall again be sprayed during time interval 2 between August 28th and September 13th on Mondays, Tuesdays, or Wednesdays.

All Lock and Dam service areas shall be sprayed at a minimum one (1) time per year and supplementally sprayed a second time as necessary. All Lock and Dam service areas shall be sprayed during time interval 1 between contract effective date and June 14th. All Lock and Dam service areas shall be inspected and sprayed again as necessary during time interval 2 between June 15th and August 15th provided live herbaceous vegetation is present. Spraying shall be completed in the spray interval prior to herbaceous vegetation reaching two foot in height in non-living areas (rip-rap areas) and prior to reaching two inches in living areas (gravel areas). All herbicide applications shall be consistent with the product label instructions, manufacturer's guidance, and the requirements of this contract. All herbicide applications shall be completed in observance of all federal, state, and local regulations as well as those specifications described herein.

C.1.2 Length of Contract

a) Performance Period:

Base Period: Date of Award – 15 April 2024 Option Period I: 16 April 2024 – 15 April 2025 Option Period II: 16 April 2025 – 15 April 2026 Option Period III: 16 April 2026 – 15 April 2027 Option Period IV: 16 April 2027 – 15 April 2028

b) Service Period:

Base Period: Date of Award – 30 September 2023 Option Period I: 16 April 2024 – 30 September 2024 Option Period II: 16 April 2025 – 30 September 2025 Option Period III: 16 April 2026 – 30 September 2026 Option Period IV: 16 April 2027 – 30 September 2027

C-2 LOCATIONS

C.2.1 General Location: The work areas are located along the Mississippi River within the states of Iowa, Illinois, Missouri, and Wisconsin.

C.2.2 Area Locations: Treatment locations are located at or near these areas.

a) Grant River Recreation Area

b) Blanding Landing Recreation Area

c) Pleasant Creek Recreation Area

d) Thomson Causeway Recreation Area

e) Bulger’s Hollow Recreation Area

f) Fisherman’s Corner Recreation Area

g) Clark’s Ferry Recreation Area

h) Shady Creek Recreation Area

i) Blanchard Island Recreation Area

j) Lock and Dam 11

k) Lock and Dam 12

l) Lock and Dam 13

m) Lock and Dam 14, Service Base, Project Office (over two maps)

n) Lock and Dam 15

o) Lock and Dam 16

p) Lock and Dam 17

q) Lock and Dam 18

r) Lock and Dam 19

s) Lock and Dam 20

t) Lock and Dam 21

u) Lock and Dam 22

C.2.3 Addresses: Recreation area addresses are identified in Attachment A. Office addresses and POCs for Lock and Dam locations are identified in Attachment A. The POCs listed in the attachment are provided only for entrance to the site and are not in any way authorized to direct the Contractor or make any constructive changes to the contract either verbally or in writing.

C.2.4 Site Details: Each recreation area is made up of several spraying sites.

Recreation area maps designating treatment type and location for each site are provided in Attachment B. Each lock and dam area is made up of several spraying sites. Lock and dam area maps designating treatment type, location, and acreage for each site are provided in Attachment B. An overall list of sites and addresses is provided in Attachment A.

C-3 TREATMENT AREAS, CONTROL OBJECTIVES & QUALITY OF SERVICES

C.3.1 Treatment sites: There are a total of 9 campgrounds with individual spraying sites that cover approximately 13.46 total acres and 62,954 linear feet within recreation areas. There are a total of 78 individual spraying sites at the Lock and Dam that cover approximately 94.6 acres and 16,300 linear feet of fence spraying. PLEASE NOTE: Treatment area acreage and linear feet were estimated using aerial photography and the water levels in the photos was not cross referenced. Actual amounts may be more or less than those listed above. Fence line spraying will be measured and invoiced in increments and units of 100 feet. The maps are provided for informational purposes and descriptions of areas. They are not intended to show exact spraying in all areas but are more symbolic such as use of lines for riprap spraying areas.

Any questions on the actual spraying extents should be referred to the Contracting Officer’s Representative, Allison Borkowski.

C.3.2 General: The earth dikes are constructed of clay and sand fill. The upstream slopes of the dikes are generally rip rapped or rock covered and are not conducive to equipment travel. The tops of dikes are either gravel-covered roadways approximately 10 to 12 feet in width or covered with vegetation. The downstream slopes of dikes generally have grass cover, broadleaved vegetation, and/or woody vegetation.

C.3.3 Vegetation Control Objectives: Spraying during the first-time interval shall demonstrate impacts (wilting, discoloring, or killing) targeted vegetation on 90% or more of each line-item area. The spraying during the second time interval shall result in complete control of targeted vegetation on 90% or more of each line-item area. Spraying shall avoid non-target impacts especially large nearby trees unless otherwise noted. Spraying shall only occur on areas above the ordinary high-water mark or as noted herein.

The vegetation control objectives are further defined by the treatment types detailed below and by the site descriptions in the attachments. These treatment types have been distinguished based on control requirements, target vegetation, and landform.

C.3.4 Gravel Areas in Recreation Areas - Desired results are total and persistent weed control for a minimum of three months from the time of application for areas with the “gravel area” designation. Application areas include mapped gravel roads, gravel parking lots, and gravel storage areas. The total gravel areas are approximately 5.31 acres.

C.3.5 Roadsides in Recreation Areas - Desired results are total control of existing weeds and grasses for areas with the “roadside” designation. Treatment areas include gravel areas approximately 1.5 ft. wide along the roadways. The total Roadside areas are approximately 62,952 linear feet.

C.3.6 Riprap in Recreation Areas - Desired results are total control of existing weeds, grasses, and woody stems for areas with the “riprap” designation. Treatment areas include riprap, shoreline, and other rocky or potentially wet areas. The herbicide mix utilized should be labeled for spraying near or over water and be effective on all plants in the treatment area. The total riprap area is approximately 8.15 acres.

C.3.7 Rock in Lock and Dam Areas - Desired results are effective control of existing herbaceous and woody plants for areas with the “Rock” designation. Treatment areas include riprap, shoreline, gravel, sandy, dirt, and other rocky or potentially wet areas. The herbicide mix shall be chosen and formulated as appropriate for site conditions (such as labeled for spraying near water along shoreline or wetland areas as needed) and be effective on all plants present during treatment as required. Treatment of storage yards, roadway edges, and other gravel areas that are not flood prone during the first spray interval shall also include and demonstrate extended pre-emergent control of new vegetation until the second spraying.

C.3.8 Brush/Weeds in Lock and Dam Areas- Desired results are selective and spot control of existing woody vines, shrubs, and tress as well as select herbaceous broadleaf weed species shown below in areas with the “Brush” designation while leaving remaining vegetation untreated to allow for desired grasses and herbaceous broadleaf (flowering) species to remain. Woody species are considered target vegetation during both spray intervals. Other weedy species are only considered target vegetation for the second spray interval but may be sprayed without control requirements during the first spray interval at the Contractor’s option. Weed species are provided in priority treatment order. On areas with heavy woody and weedy infestation, all woody species shall be treated and the total treatment acreage for combined woody/weedy treatment shall not exceed 50 percent of any given acre to avoid denuding embankments during the growing season. The existence of woody species greater than 7 feet tall are not typical in treatment areas but may be required as noted on specific areas such as one site with willow at Lock and Dam 18. The treatment or control of woody species greater than 7 feet tall will not be required but may be completed per approved plan. Treatment areas include embankments, levees, and other areas where residual desired non-woody, grass, and non-invasive forb cover is to be retained. Some areas designated for this mix are next to water, wetland areas, and/or may flood. The herbicide mix shall be chosen and formulated as appropriate for site conditions;

be effective on targeted broadleaf plants present during treatment; localize the effect to within 2 feet of the targeted plants; have no noticeable effect on grass; and otherwise leave the residual plants unaffected. Some brush/weed areas are adjacent to buildings and may require licensing with an Ornamental category.

(1) Brush/Weed Target List

Priority Order Scientific Name Common Name all woody vine, shrub, and tree species

2 Fallopia japonica Japanese knotweed

3 Cannabis sativa L. marijuana

4 Coronilla varia crown vetch 5 Humulus japonicus Japanese hop

6 Vicia cracca cow Vetch

7 Lythrum salicaria L.1 purple loosestrife

8 Lythrum virgatum L. purple loosestrife

9 Toxicodendron radicans poison Ivy

10 Alliaria petiolata garlic mustard

11 Cirsium arvense (L.) Scop. Canada thistle

12 Cirsium lanceolatum (L.) Scop., non Hill bull thistle

13 Onopordum acanthium L. Scotch thistle

14 Carduus nutans L. musk thistle

15 Cirsium vulgare (Savi) Ten. thistle other

16 Dipsacus fullonum L. common teasel

17 Dipsacus laciniatus L. cut-leaved teasel

18 Dipsacus sativus (L.) Honck. teasel

19 Pastinaca sativa wild parsnip

20 Melilotus alba sweet Clover

21 Conium maculatum L. poison hemlock

22 Centaurea repens L. Russian knapweed

23 Centaurea stoebe L. spotted knapweed

24 Anthriscus sylvestris wild chervil

25 Euphorbia esula L. leafy spurge

26 Abutilon theophrasti Medik. butterprint velvetleaf

C.3.9 Fence in Lock and Dam- Desired results are effective control of existing herbaceous and woody plants for areas with the “fence” designation. Treatment areas include the base of the fence and walls. Treatment widths cover a minimum of 4 inches and maximum 6 inches on each side of the fence or wall unless otherwise noted on the provided mapping and site list. Treatment length will be measured in units of 100 feet and rounded to the nearest unit. Lengths measured via Google Earth. Fences will be chain-link unless otherwise noted. Some areas designated for this mix are next to water, wetland areas, and/or may flood. The herbicide mix utilized should be chosen and formulated as appropriate for site conditions and be effective on all types of plants present during treatment. Treatment of gravel under non-flood prone fencing areas during the first spraying shall also include and demonstrate extended pre-emergent control of new vegetation until the second spraying.

C.3.7 Quality Control (Contractor’s Responsibility). The Contractor shall develop an acceptable Quality Control Plan designed to demonstrate how the Contractor will meet contract requirements. The Quality Control Plan shall document how the Contractor will identify and correct performance shortfalls and must be provided at the pre-work orientation. Complete records of all inspection work performed by the contractor must be maintained and made available to the Government at any given time throughout the contract period.

C.3.8 Quality Assurance (Government’s Responsibility). A Quality Assurance Plan will be used during the life of the contract to ensure that the services are being provided at an acceptable level. Typical procedures include periodic inspections, audits, checklists and customer comments. The primary objective of the Government Quality Assurance will be to determine the effectiveness of the Contractor’s Quality Control system. The Government will perform inspections in a manner that will not unduly delay the work. If any services do not conform to contract requirements, the Government can (1) request the contractor perform the services again and/or (2) DA Form 5479, Contract Discrepancy Report, will be used to document unsatisfactory performance by the contractor. This report includes a description of the deficiency signed by the Contracting Officer, the contractor’s explanation for the problem, and the corrective action to be taken, Government’s evaluation of the contractor’s response, and the action the Government intends to take and/or (3) terminate the contract.

C.3.9 Deficiency: At anytime it is determined by the Contracting Officer that the quality control system is not providing results which conform to contract requirements; the Contractor shall either be required to take a deduction or to correct the deficiency.

C-4 TIMING, ACCESS, FLOODING, WEATHER

C.4.1 Timing of Applications:

For the base year of this contract, all Recreation service areas shall be sprayed with pre-emergent herbicide between June 26th and July 19th on Mondays, Tuesdays, or Wednesdays between the hours of 8am and 4pm. For all option years of this contract, all Recreation service areas shall be sprayed with pre-emergent herbicide between June 5th and June 21st on Mondays, Tuesdays, or Wednesdays between the hours of 8am and 4pm. Application time and date shall be coordinated with the COR, Allison Borkowski, at least 72 hours prior to the day of application. If growing season comes prior to these dates, a post emergent herbicide should be utilized. All recreation service areas will be inspected. A second spraying of post emergent herbicide is optional upon request of the COR. The optional second spray shall be conducted between August 28th and September 13th upon request of the COR. If a second optional spraying is exercised, the contractor will be informed 30 days prior to the target spraying date.

For the base year of this contract, all Lock and Dam service areas shall be sprayed with pre- emergent herbicide between the contract effective date and July 28th any day of the week between the hours of 8am and 4pm. For all option years of this contract all Lock and Dam service areas shall be sprayed with pre-emergent herbicide between June 5th and June 30th any day of the week between the hours of 8am and 4pm. Application time and date shall be coordinated with Lock and Dam staff and the COR at least 72 hours prior to the day of application. If growing season comes prior to these dates, a post emergent herbicide should be utilized. All Lock and Dam service areas will be inspected. A second spraying of post emergent herbicide is optional upon request of the COR. The optional second spray shall be conducted between August 28th and September 13th upon request of the COR. If a second optional spraying is exercised, the contractor will be informed 30 days prior to the target spraying date.

C.4.2 Access: For Recreation areas, the Contractor shall coordinate access with the COR, Allison Borkowski, at least 72 hours before spraying. Access to the recreation areas will be between the hours of 8am and 4pm. The Contractor shall contact the COR, Allison Borkowski, with any proposed changes in the schedule. The address for all facilities is listed in Attachment A. For Lock and Dam areas, The Contractor shall coordinate access with the local Lockmaster and COR at least 72 hours before spraying. The Contractor must check in at the Central Control Station (CCS), provide photo ID, and sign the visitor log also. Access will be limited to those Contractor employees on the approved Access Control List or otherwise approved by the Security Office. The Lock staff will show them around and provide access to keyed areas such as the storage yards and spillway sections. Access to the Lock areas will be between 8am and 4pm Monday through Friday unless otherwise permitted. The Contractor shall seek approval at least 72 hours in advance from the COR for permission for any alternate access times. Contractor provided motorboat access may be required for equipment access to portions of Lock and Dam 13 and Lock and Dam 17 spraying areas and shall be required for access to portions of Lock and Dam 19 spraying areas. Some areas are accessible only by foot. Pickups and other heavy vehicles shall not be allowed on the dam slope. The use of ladders will not be allowed. The address, telephone number, access restrictions, points of contact, and water availability for all facilities are listed in Attachment A. Access to Lock and Dams 15 requires entering the Rock Island Arsenal (RIA). Additional information on RIA access can be found at:

https://home.army.mil/ria/index.php/my-fort/all-services/gate-information.

C.4.3 River Levels and the Impact on Treatment Sites: River levels vary depending on time of year and precipitation. There is the probability of high water occurring during the active growing season. Should this condition occur, some treatment areas would be partially or completely under water. The Contractor is strongly encouraged to visit www.rivergages.com and/or NOAA’s North Central River Forecast Center at http://www.crh.noaa.gov/ncrfc/ for river gage information prior to spraying. NOAA’s website details the current and forecasted gage readings. If the gage readings are at or above the values provided below or are expected to rise to within 3 days, the Contractor shall be prohibited from treating all areas at that recreation area. If water levels are conducive to spraying, the Contractor shall only treat areas that are not underwater and not expected to be underwater within the next 3 days. At the lock and dams, The Contractor is not required to spray during intervals at or above Critical Tail Gage Reading. Critical Tail Gage Readings are utilized in determining the number of days lock sites were considered flooded when readings are at or above amounts provided below. If spraying occurs during an interval at or above Critical Tail Gage, the Contractor shall return to treat the remainder of the available area after the water has receded below Critical Tail Gage Reading to complete the line-item requirements of that interval.

Recreation Area Reading Minor Flood Stage Grant River M/R at L/D 11 (Pool) 16.7’ Blanding Landing M/R at L/D 11 (MET) 14.0’ Pleasant Creek M/R at L/D 13 (Pool) 15.0’ Thomson Causeway M/R at L/D 13 (Pool) 15.0’ Bulger’s Hollow M/R at L/D 13 (Pool) 14.7’ Fisherman’s Corner M/R at L/D 14 (Pool) 17.0’ Clark’s Ferry M/R at L/D 16 (MET) 14.0’ Shady Creek M/R at L/D 16 (MET) 12.9’ Blanchard Island M/R at L/D 16 (MET) 14.0’

Lock Critical Tail Gage Reading

11 17’ (MET)

12 18’(MET)

13 18’(MET)

14 12’(MET)

15 16’(MET)

16 16’(MET)

17 16.5’(MET)

18 12’(MET)

19 17.5’(MET)

20 16’(MET)

21 18’(MET)

22 20’(MET)

C.4.4 Weather Impact: No herbicides shall be allowed to be sprayed during rain, pending rain, excessive heat, excessive wind, or other weather factors specified by the herbicide label parameters.

C.4.5 Accounting for Weather Delays and Early Treatment: If the Contractor believes that weather or flooding impacted or prohibited performance of the specified work, they shall submit, prior to the end of the time interval in question, the details in writing to the COR. If it is confirmed by mutual agreement of the Contractor and Government that weather or flooding prohibited performance, additional days will be granted on a day-for-day basis. Any additional days granted will only be available for the next successive favorable weather days during the standard work week(s) immediately following the ending date of the particular time interval. No additional days will be granted past 14 calendar days from the end of the time interval in question without approval from the Contracting Officer. In the event that the spraying during interval 1 is completed for any line items after June 29th, regardless of reason, the Government may unilaterally remove select spray interval 2 line-item requirements from the contract pending approval from the Contracting Officer.

Early treatment can be requested by the COR if the COR determines that herbaceous vegetation has reached two foot in height in non-living areas and two inches in living areas prior to the spraying time intervals. If it is confirmed by mutual agreement of the Contractor and Government that early treatment is necessary and beneficial, herbicide application time intervals can be adjusted to fit the needs of the contract.

C-5 HERBICIDES AND SPRAYING

C.5.1 Herbicide Selection Procedure: The Contractor is responsible for proposing the specific herbicides to be used to accomplish the vegetation control goals at each location. Herbicides shall be selected from the provided list in Attachment C. These herbicides will be categorized by the Environmental Protection Agency (EPA) as

"general use", and will be appropriately labeled for specific application (i.e. aquatic label for use next to water). Herbicides used where spray mist could make contact with water must be registered for aquatic use. No restricted use herbicides are allowed. In addition, all carriers, adjutants, surfactants, or other additives used in the “riprap” applications must be registered for wetland or aquatic applications. NPDES permit requirements shall also be followed for herbicide selection.

C.5.2 Anticipated Pesticide Usage: The Contractor shall submit electronic copies of the “Pesticide Application Record Sheet” - form MVR55e to the COR with the anticipated usage report portion completed. These shall outline as a minimum the types of herbicides, target pests, areas to be treated, application rates, and application method for each type of application described in Section 3. A MVR55e shall be submitted per recreation area, per lock and dams, per herbicide, per applicator. These forms shall be submitted for review along with the bid proposal. Government acceptance or acknowledgement of these forms in no way relieves the Contractor of any liability for compliance with all Federal, State, and/or local regulations.

C.5.3 Alternative Herbicides: At any time during the contract period, the Contractor may submit a written request to apply alternative herbicides to those submitted in the initial proposal provided those alternatives are on the list in Attachment C. The Government must receive submission of such a request a minimum of 5 working days in advance of the desired application date. The Contractor shall provide a Pesticide Application Record Sheet – MVR55E along with the reason for the potential switch. The request will be reviewed considering, as a minimum, relative effectiveness compared to the currently specified herbicide, and toxicity. The Contractor may not apply the new herbicide mixture without approval from the Government.

C.5.4 Handling and Mixing: All herbicides shall be handled and stored in accordance with instructions on the EPA registration label. All herbicides shall be mixed in accordance with the label instructions so that the desired rate of application can be attained with the contractor's application equipment. The Contractor is required to provide a secondary containment system around their herbicide mixing area when herbicides are mixed on government property. This containment system must be constructed of impervious materials. In addition, the Contractor shall ensure that no contamination of any water source occurs and that emergency spill containment equipment is at the worksite and is capable of containing all potential herbicide spills from contractor vehicles/equipment. Unused, mixed pesticides shall be disposed of in accordance with local, state and EPA guidelines. Spray equipment cleaning shall also be accomplished in accordance with these guidelines. Prior to leaving a worksite for the day, the Contractor shall remove all equipment and unused materials, any waste materials, oil, empty herbicide containers and litter resulting from contract activities on government property.

C.5.5 Equipment: The spraying equipment used by the Contractor shall be land-based, designed for such work, fully functional, and operated in a safe manner. The equipment shall be capable of accurately delivering a predetermined rate per acre dosage of herbicide.

C.5.6 Rates and Method of Application: All Recreation service areas designated for application shall be sprayed in their entirety during given time intervals or as the Quality Control/Quality Assurance process requires to achieve vegetation control objectives. All Lock and Dam service areas designated for application shall be sprayed in their entirety at the time of the first time interval and as necessary for the second time interval.

C.5.7 Minimizing Impacts to Non-Target Species: The Contractor is responsible to withhold from spraying if the following conditions exceed specifications on the product label including wind speeds, temperatures, rain, prediction of rain, humidity, water levels, or other conditions. No spraying shall occur if wind directions are likely to result in significant drift to surface water or high public use areas. The Contracting Officer or their designated representative have the right to make these determinations and terminate any planned herbicide applications based on available weather forecasts and current conditions.

C-6 SAFETY

C.6.1 Safety References: Not withstanding any other provisions of this contract, the Contractor shall perform all work in accordance with the latest safety requirements set forth in Corps of Engineers' Manual, EM 385-1-1, entitled "Safety and Health Requirements Manual" as well as OSHA Safety Standards. Copies and any updates of the EM 385-1- 1 manual are available for review at:

http://www.usace.army.mil/safetyandoccupationalhealth.aspx

C.6.2 Accident Prevention Program: The Contractor shall submit, the Contractor’s Accident Prevention Program, as required by ER 385-1-1. This shall include an activity hazard analysis, spill prevention and contamination response measures, personal protective equipment, as well as accident response plans.

C.6.3 Spills and Contamination: The Contractor shall submit as part of the "Accident Prevention Program" the response measures to be implemented should a spill or contamination occur. The Contractor's immediate response to a spill or contamination shall be to proceed with the required measures to limit the contamination. Immediately following this initial response, the Contractor shall notify the COR, Allison Borkowski, and other appropriate local, state, and federal officials. Subsequent to these actions, the Contractor shall take actions to clean up the spill as recommended by applicable regulatory agencies and the Contracting Officer. Should a personnel contamination occur, the Contractor shall take immediate actions as prescribed by chemical manufacturer so as to protect the safety and health of the contaminated individual(s). Immediately following the Contractor's initial response, the incident shall be reported to the COR, Allison Borkowski.

C.6.4 Public Safety: Public safety must be ensured when spraying or using pesticides. All the recreation areas are used by the public, the Contractor must place appropriate warning signs which inform the public that pesticides have been applied and the date they were applied. The signs shall remain in place a minimum of 48 hours.

C.6.5 Licensing: The Contractor, all of their employees, and any subcontractors performing any of the spraying, handling, or mixing of chemicals under this contract shall possess a valid state commercial herbicide applicator's license for the state in which work is being performed and shall comply with all Federal, State, and local laws and regulations applicable to the contract work and to the products and materials used by the Contractor in performing that work. In addition, a license for right-of-way and aquatic spraying is required. Department of Labor as well as Iowa, Illinois, Missouri, and Wisconsin state regulations regarding employment of youth shall be observed. Delays in licensing is not an acceptable excuse for delays in spraying.

C.6.6 Permits: The Contractor is responsible for obtaining and observing all necessary local, state, and federal permits associated with the execution of the contract.

C-7 CONTRACTOR SUBMITTALS

C.7.1 Post Award Submittals: The Contractor shall provide to the Contracting Officer’s Representative the following 15 days after the contract award:

a) The Contractor’s Accident Prevention Plan.

b) The Contractor’s Quality Control Plan.

c) The personnel to be used and their qualifications and documentation of E-verify completion.

d) The equipment to be used and their specifications.

e) The name(s) and telephone number(s) of supervisors(s) to whom deficiencies should be reported.

f) The name(s) and telephone number(s) of supervisor(s), who can be contacted on a daily basis.

g) The telephone number(s) and mailing address of the Contractor through which he can normally be contacted on a daily basis.

h) The telephone number(s) where persons of authority within the

Contractor's organization can be reached during non-duty hours.

i) The physical address of the Contractor's place of business.

j) Anticipated Pesticide Usage information.

k) Copies of any remaining applicator licenses required but not already provided in the pre bid submittal.

l) Completed application forms for required spraying permits.

m) Proof of background check completion

n) E-Verify requirements

C.7.2 Post-Application Documentation: The contractor shall submit fully completed copies of the "Pesticide Application Record Sheet" for each day's work, treatment type, applicator, lock and dam and recreation area. A digital form will be provided by the COR. Completed forms shall be submitted to COR and TPOC within five working days of each application.

C-8 LIABILITY OF AND DAMAGES TO THE GOVERNMENT

C.8.1 Insurance: As required by the contract clause entitled “Insurance-Work on a Government Installation”, the Contactor shall, furnish to the Contracting Officer, prior to the commencement of work, a certificate or written statement as evidence of the minimum insurance listed below. The Contractor shall procure and maintain such types and amounts of insurance during the entire period of his performance under this contract that shall cover the application of pesticides as defined in this specification. The Contractor shall assure that the certificate or written statement is in accordance with required wording indicated in paragraph b of the aforementioned Contract Clause.

i) Workmen’s compensation – Amounts required by applicable jurisdictional statutes.

ii) Employer’s Liability Insurance - $1,000,000

iii) Comprehensive General Liability Insurance – (No property damage liability is required)

a. Bodily Injury - $1,000,000 per occurrence

iv) Comprehensive Automobile Insurance

a. Bodily Injury - $1,000,000 each accident

C.8.2 Certificates: Certificates of insurance should be submitted to the following address:

Mississippi River Project ATTN: Allison Borkowski PO Box 534 Pleasant Valley, IA 52767

C-9 POST AWARD CONFERENCE

C.9.1 General: Within 5 days after contract award, the Contractor shall contact the COR to arrange a meeting to discuss and develop a mutual understanding of the requirements and details of work. There may also be occasions when subsequent conferences will be called to reconfirm understandings or provide clarifications on contract requirements.

C-10. PAYMENT PROCEDURES.

C.10.1 General: At the end of each month, the Contractor shall submit an invoice to the COR for the current work period. The payment request shall not exceed the actual number of hours and days worked during the month. Contractor shall be paid only for the actual number of acres and linear feet sprayed. The Contractor shall include on the invoice, a total of labor hours worked. A sample invoice will be provided to the Contractor at the pre-work orientation and training meeting. Final payment for each period of work under this contract will not be made to the Contractor until all use fee collections have been remitted and reconciled. Any shortage of funds shall be deducted from the Contractor’s final payment.

C-11 ANTITERRORISM (AT) AND OPERATIONS SECURITY (OPSEC)

C.11.1 General Security Requirements and Guidance Per ENG FORM 6055, May 2022, the Contractor must comply with the following Operational Security Requirements.

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

C.11.2 For Access and General Protection Policy and Procedures

All Contractors and sub-contractor employees shall comply with installation and facility access guidelines and rules as stated herein. Contractor workforce must comply with all personal identity verification requirements as directed by Department of Defense, Department of the Army Headquarters, Rock Island District and/or local policy. In addition to the changes otherwise authorized by the Changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in Contractor security matters or processes.

In support of Rock Island District evaluation of personnel authorized for access to federal facilities, the Contractor shall submit background checks that have been conducted by a bonded third party within the last 6 months of Notice to Proceed date and authorize reports to be provided to the Rock Island District Security and Law Enforcement Office by the third party. The background check will cover, at a minimum, the ten years covering states the employee has lived in, national criminal records check which includes felony and misdemeanor offenses, Department of Motor Vehicles records, and a national sex offender registry check, submitted 14 days prior to accessing the project site.

Identification Badges: The Contractor shall be responsible for furnishing a photo identification badge/card to each employee prior to the employee's work on-site, and for requiring each employee engaged on the work to display identification. At a minimum, the badge shall have the following items shown, the employee’s picture, employee’s name, and company name working for. The badge will be prominently displayed unless restricted for safety concerns, in which case it will be available for immediate display upon request (carried on person).

As employees are added or deleted from the submitted and approved Access Control List (ACL), this information will be reported immediately to the Contracting Officer (KO).

Added employees will not be permitted on-site until requirements of this paragraph are completed, submitted, and approved.

Disqualifying factors include, but are not limited to:

(1) Criminal conduct, in particular violent crime and sex offenders;

(2) Habitual use of intoxicating beverages to excess as evidenced by Driving under the influence or public intoxication records; or

(3) Any illegal activity or other disqualification which makes the individual unfit for service (e.g. drug trafficking or procurement fraud).

In addition to the submitted background checks, supplemental agency checks may be performed at the discretion of the Rock Island District security personnel. The Contractor agrees to cooperate and ensure that Contractor personnel provide any documentation required to complete these checks. Any person lacking proper identification credentials or deemed a security threat may be denied access to the project.

Such action in no way relieves the Contractor from performance of the Contract. The Rock Island District retains the right to deny any Contractor and sub-contractor employee from working on a contract awarded by the Rock Island District based on final background investigation results. All information received as a result of a background check will be handled according to Privacy Act regulation.

In the event that an unexpected change in personnel is required, due to sudden absence of a critical path employee, the Contractor shall immediately contact the Contracting Officer to coordinate obtaining written approval from the Security Office for new/additional personnel to be brought on site prior to background check acceptance. Contractor shall submit Personnel Change Request Form and will receive written authorization from the Security Office prior to bringing new personnel on site, and ensure a background check is sent to the Rock Island District Security Office no later than ten days from written notice of approval. The Rock Island District reserves the right to terminate access of the employee upon completion of the Government’s review of the background check and the Contractor shall be notified immediately of any such Government decision.

In the event of an unforeseen change in work site conditions which may require a contract modification, and the contractor is required to immediately add personnel, a Personnel Change Request Form will be submitted to and approved by the Security Office prior to bringing new personnel on site, and ensure a background check is sent to the Rock Island District Security Office no later than ten days from written notice of approval. The Rock Island District reserves the right to terminate access of the employee upon completion of the Government’s review of the background check and the Contractor shall be notified immediately of any such Government decision.

Subcontractor personnel not expected to be on the worksite for more than 15 days may be allowed on site with the following conditions:

1) Employee will be on site a total of 15 days or less, for the duration of the project.

2) Employee is added to the ACL as a short term employee.

3) Employee is escorted while on site. This is defined as being in the line of sight of an identified contractor employee who has a background check on file with the Rock Island District (as noted on the ACL).

4) Each contractor employee can sponsor only five short term employees at a time.

Foreign National employees: Due to a difference in background check procedures for long term foreign national employees, all such employees must provide a photocopy of their passport to the Rock Island District Security Office NLT 30 days prior to arrival on site. Short term foreign national employees (e.g. specialists with a two week period of performance) may work on site with the following conditions:

1) Foreign national employee will be on site a total of 15 days or less, for the duration of the project.

2) Foreign national employee will comply with E-verify requirements E-verify paragraph).

3) Approved and identified contractor employee shall escort the foreign national employee at ALL times while on site.

4) Each contractor employee can sponsor only one short term foreign national at a time.

Personnel Change Request Form Contract #_______________ Date___________ We, _____________________, respectfully request to add/replace (circle one) personnel to the jobsite due to the following situation:

Personnel to be conditionally added to the ACL (escorted by):

Background checks (if required for a long term employee) shall be submitted by close of business on (insert proposed date): ________________

(Insert signature block)

C.11.1.2 E-Verify Program Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

To protect the privacy of the Contractor, all Contractor employees, and all sub-contractor employees, background checks, OPSEC SOPs, E-verify, and I-9 forms shall be submitted with a coversheet stating the contract number (e.g., W912EK-23-P-XXXX), title of project, and the company's point of contact information, in a sealed envelope/container and mailed to:

U.S. Army Corps of Engineers

Rock Island District Security Office

1500 Rock Island Drive Rock Island, IL 61201

C-12 SUSTAINABILITY

EPA Designated (CPG)

Under the Comprehensive Procurement Guidelines (CPG) program, the Environmental Protection Agency (EPA) designates products that are or can be made with recovered materials and recommends practices for buying these products. Any designated product that is being offered or supplied under this contract shall meet the minimum recommended content levels as identified under the CPG program. Visit http://www.epa.gov/epawaste/conserve/tools/cpg/products for a complete list of designated products and the associated recommended content levels. Offerors must be able to demonstrate that each offered product meets minimum content levels upon request.

Safer Choice

The contractor shall provide Safer Choice labeled products under this contract, as applicable.

The contractor is encouraged to…