2015_Phragmite_PWS_Final.docx

PERFORMANCE WORK STATEMENT (PWS)

FOR

SELFRIDGE AIR NATIONAL GUARD BASE, MICHIGAN (SANGB)

PHRAGMITE CONTROL

AT

SELFRIDGE ANGB, MI

6 AUG 15

1.0 General:

1.1 Scope. The contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary to control the rate of spreading and reproduction of target plant species. All personnel that will be applying herbicide shall have either a State of Michigan or a Department of Defense Pesticide Applicators Certification. The application of aquatic herbicides shall be performed in accordance with the Michigan Department of Environmental Quality (MDEQ) current approved list of aquatic herbicides www.michigan.gov/documents/deq/wrd-anc-approvedherbicides_445623_7.pdf and in a manner that provides the most effective control to the rate noxious weeds spread and reproduce. Applications shall be performed to minimize the effects to other non-target, native plant species and trees in the area. Commercial standards indicate that an 85% or higher mortality rate is indication of proper application to support Selfridge Air National Guard Base (ANGB), Michigan, as defined in this PWS. The contractor shall perform to the standards in this contract.

1.2 Background. Same areas were treated in 2013 with an approximate 85% mortality rate

1.3 Period of Performance (PoP). Services shall be accomplished between 1 SEP 2015 and 30 OCT 2015

1.4 General Information:

1.4.1 Quality Control (QC). The contractor shall develop and maintain an effective QC Plan (QCP) to ensure services are performed in accordance with (IAW) this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary. Records of the contractor’s quality inspections shall be maintained for the life of the contract and made available for Government inspection as requested. The Government evaluator must have a specific contractor quality control inspector to notify in case of customer complaints. After acceptance of the QCP, the contractor shall obtain the KO’s acceptance in writing of any proposed changes to its QCP. (Tech Exhibit 2)

1.4.2 Quality Assurance (QA). The Government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed IAW the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) (defect rate(s)).

1.4.2.1 Government remedies. The KO will follow the requirements of FAR 52.246-4, Inspection of Services – Fixed-Price, for contractor’s failure to correct non-conforming services. In the event that services fail to conform to contract requirements, and cannot be remedied by re-performance, the Government reserves the right to reduce the contract price to reflect the reduced value of the non-conforming services.

1.4.2.1.1 The contractor shall ensure that timely and effective corrective action is obtained for all deficiencies identified by the Government. All deficiency responses shall include identification of the cause of the deficiency to preclude recurrence and an analysis of the quality program’s effectiveness in the area of the deficiency.

1.4.3 Recognized Holidays. The contractor IS NOT required to work during Federal Holidays. The following are recognized US holidays.

1.4.3.1 When the holiday falls on a Saturday, the observed day shall be on the prior Friday. When the holiday falls on a Sunday, the observed day shall be on the following Monday.

1.4.4 Place and Performance of Services. The contractor shall perform the services required under this contract within core operating hours, which are 0700 - 1600 Eastern Standard Time, Monday through Friday, except on recognized US holidays or when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings. Performance shall be at multiple locations on Selfridge ANG Base, MI. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS.

1.4.4.1 The contractor may request permission to work outside these hours by obtaining approval from the Contract Officer (KO) at no additional cost to the government (includes weekends and extended daily work hours). Overtime and/or weekend, or holiday work typically involves internal extra costs to the government for overtime inspection and utilities, and generally is not approved unless determined to be absolutely necessary to sustain mission critical facilities.

1.4.4.2 Base Access/Security. Prior to access to this installation the contractor shall provide a list to the Contract Administrator (CA) of contractor employees that includes the employees’: full name, date of birth, driver’s license number, state of issue, gender, and race. The contractor shall submit a revised list to the KO whenever changes occur (new hire and terminated employee). (Tech Exhibit 2)

1.4.4.2.1 Contractor and contractor personnel shall comply with Selfridge ANGB registration requirements for company and privately owned vehicles on government property

Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

1.4.4.3 The contractor’s employees shall become familiar with and obey the regulations of the installation; including fire, traffic, safety and security regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times. The contractor shall ensure compliance with all regulations and orders of the installation which may affect performance.

1.4.4.4 Base Entry. The contractor and its employees shall comply with all base traffic regulations. The award of this contract does not create a right to have access to any military installation. Entry authorizations and vehicle registrations must be renewed as required by Pass and Identification

1.4.4.5 Retrieving Identification Media. The contractor shall retrieve all identification media, including vehicle passes, from employees who depart for any reason before the contract expires (e.g. terminated for cause, retirement, etc.), and upon completion of all work of the contract. Contractor shall turn in all retrieved identification media to the pass and identification office within 5 days of employee departure. (Tech Exhibit 2)

1.4.4.6 Employees with Criminal Records. Employees with criminal records shall be identified on an individual basis to the KO.

1.4.5 Security Requirements. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the Contracting Officer’s Representative (COR). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the local installation’s Security Forces, Director of Emergency Services or local Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by DoD, HAF and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.5.1 COMSEC/IT Security. All communications with DoD organizations are subject to communications security (COMSEC) review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, the contractor is advised that any time contractors place or receive a call they are subject to COMSEC procedures. The contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DoD information.

1.4.5.2 Vehicles. Contractor personnel are subject to random personnel and vehicle searches. If contractor personnel refuse to be searched, they will be denied entry to the base. Denial of entry to personnel who refuse to be searched, or detention of personnel found to be in possession of contraband, may result in loss of base driving privileges, debarment from the base, or other administrative action.

1.4.5.2.1 Contractor personnel are subject to random vehicle speed control checks. Contractor personnel cited for speeding on the installation may lose base driving privileges, debarment from the base, or other administrative action. Contractor personnel wishing to operate a privately owned vehicle on Selfridge ANGB must comply with all base registration requirements.

1.4.5.3 Weapons, Firearms, and Ammunition. Contractor employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or within their contractor-owned or privately-owned vehicles while on Selfridge ANGB.

1.4.5.4 Antiterrorism: Contractor shall adhere to installation guidance and operational plans concerning the antiterrorism program. Initiate actions directed by the installation commander during changes to force protection conditions to increase surveillance and protection of infrastructure. Immediately notify base security forces on any suspicious events.

1.4.5.5 Contractor personnel shall not enter any restricted area without the prior approval of the KO and without being accompanied by a proper security escort.

1.4.5.6 Physical Security. The contractor shall be responsible for safeguarding all government property and controlled forms, if provided for contractor use.

1.4.6 Safety/Bio-Environmental: The contractor shall comply with all federal and state OSHA requirements and standards, technical orders, regulations, and referenced publications as published in the OSHA 29 CFR. The contractor shall comply with the highest degree of safety protection where any disagreements exist. Additionally, the contractor shall comply with installation regulations governing safety and fire prevention, IAW SANGBI 32-7, Fire Protection Program. The KO, Base Civil Engineer (BCE) or designated representative, Ground Safety, and Security Police may issue an order to the contractor or employee(s) to stop all or part of the contractor’s work until all violations are corrected. Bio-environmental Engineering personnel, who notice violation of OSHA or local standards, will notify the KO who has the authority to stop all or part of the contractor’s work. The contractor shall not be excused for unsatisfactory performance that may result from a stop work order.

1.4.6.1 Accident prevention and safety practices on contractual work under the jurisdiction of the Contracting Officer are the responsibilities of the contractor concerned. The contractor shall brief all employees on proper safety and accident reporting. The contractor shall provide all occupational health services to his employees. Contractor employees shall be instructed to notify the contractor’s Contract Manager of potential or existing occupational health hazards that require attention.

1.4.6.2 Liability. The contractor hereby agrees to release the Government (to include its officer, enlisted personnel, agents, and employees) from any liability for any loss, damage, or injury sustained by the contractor or his employees during the performance of this contract. The contractor also agrees to indemnify the Government for any loss, damage, or injury to Government personnel or agents or other third parties, provided such loss to the Government is caused by the negligence of the contractor or his personnel while performing this contract.

1.4.6.3 Hazardous Materials (HM) Handling. The Contractor shall comply with all federal, state, local and Selfridge ANGB regulations concerning the use, storage, and reporting of any Hazardous Material (HM) used, or planned to be used in the Contractor’s operations. IAW AFI 32-7086, Chapter 2, paragraph 2.6.9.2. HMs Management, the Contractor shall provide to the Selfridge ANGB Environmental office, a list of any HM. The list shall be submitted to the KO prior to the start of work requiring HMs. The list shall identify each HM, an estimate of how much material will be used, amount stored, and location of the storage facility and also contain a copy of each material’s Material Safety Data Sheet (MSDS). The Contractor shall also maintain a copy of all MSDS sheets used in the performance of this contract. Where applicable the Contractor shall use environmentally safe products in the course of completion of the project. The Contractor shall be responsible for the safe handling of all potentially HMs while on Selfridge ANGB. In the case of a release of a HM into the environment, the Contractor shall initiate clean up and make all notifications as outlined in the Selfridge ANGB Spill Plan. If base personnel are involved in clean-up operations, the Contractor’s responsibility will include the reimbursement of all costs incurred by the Government to include supplies, man-hours, and disposal of the waste. HM will be defined as any substance listed as having characteristics of flammability, corrosivity, reactivity, toxicity, or contains any listed constituents, or be otherwise harmful to personnel and/or the environment.

1.4.6.3.1 Handling, Storage and Disposal of Hazardous Waste (HW). All HW shall be handled and stored in strict compliance with federal, state and, local regulations. Contractors will be held fully liable for any negligence that results in a Notice of Violation or other penalty. HW will be defined as a solid or liquid waste which exhibits a characteristic such as flammability, corrosivity, reactivity, or toxicity, as identified in 40CFR 261.20-261.33 (Code of Federal Regulations: Discarded commercial chemical products, off-specification species, container residues, and spill residues). Any mixture of a solid or liquid waste and a listed HW is also considered a HW. It must be understood that proper management of any waste generated, hazardous or non-hazardous, shall and will be the responsibility of the Contractor. Any Government owned shipment of HW shall be documented on a HW Manifest and signed by a Civil Engineering Environmental Office representative. A copy of the generators’ manifest shall be maintained by the 127th Civil Engineering Squadron/ Environmental Flight (127CES/CEV).

1.4.7 The contractor shall comply with the requirements of the Air Force Green Purchasing Program and EPA’s Comprehensive Procurement Guideline and Recovered Materials Advisory Notice contained therein, and the installation Green Purchasing Program. Green Purchasing is the purchase of supplies and services containing post-consumer, recycled or recovered materials. The contractor shall support the program by identifying, pursuing, and tracking the procurement of these items where applicable.

1.4.8 Special Qualifications:

1.4.8.1 All contractor employees must read, write, speak, and understand English fluently.

1.4.8.2 All contractor employees who operate motorized vehicles on SANGB shall possess a current state driver’s license.

1.4.9 Post Award site visit: The contractor agrees to attend any post award convened by the KO in accordance with FAR Subpart 42.5. The KO, COR, and other Government personnel, as appropriate, may meet with the contractor to review the contactor’s performance. At these meetings, the Contacting Officer will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.9.1 Government Observations and Inspections. Government personnel other than KOs and CORs may occasionally observe contract operations. These personnel will not, however, interfere nor provide direction to the contractors’ performance.

1.4.10 The contactor shall provide a Point of Contact (POC) who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the POC is absent, shall be designated in writing to the KO. The POC or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The POC shall work through the COR, or the KO if a COR is not available, to resolve issues, receive directions and ensure adequate performance of services. The POC shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The POC shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.4.10.1 The POC or alternate(s) shall be available during normal duty hours within 45 minutes of notification to meet on the installation with Contracting Officers Representative (COR) or other government personnel (designated by the CO). After normal duty hours, the manager or designated alternate(s) shall be available within one (1) hour of notification. The contractor shall furnish, in writing to the CO, the names and phone numbers of the POC and alternate(s) not later than the contract pre-performance conference. The CO shall be notified immediately whenever changes are made.

1.4.11 Contractor Employees. The contractor shall not employ persons for work on this contract if such employee is identified to the contractor by the KO as a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population.

1.4.11.1 The contractor’s staff shall be fully qualified, professional, and customer service oriented. The contractor shall ensure quality work performance IAW applicable standards and guidelines. .

1.4.11.2 Identification of Contractor Employees: All contractor personnel are required to identify themselves as such to avoid creating an impression that they are Government employees. Contractor personnel shall present a neat appearance and wear identification badges distinguishing themselves as such. The badges shall have the company name, employee name and the word “contractor” displayed.

1.4.12 Combating Trafficking in Persons: The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in any form of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment. The Contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at FAR 22.17.

1.4.13 Coordination with Other Contractors. The Government may award other contracts or additional work not prescribed in this contract. The contractor shall fully cooperate with other such contractors. The contractor shall not commit or permit any act that will interfere with the performance of work by another contractor.

2.0 Definitions/Acronyms:

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

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

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

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

2.5 DELIVERABLE. Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

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

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

2.8 QUALITY ASSURANCE (QA). The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.9 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

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

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

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

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

2.14 ACRONYMS: Following are acronyms commonly used in DoD contracts.

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will not provide GFP/M/E/S to the contractor.

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E): The contractor shall furnish everything required to perform these services as indicated in Section 1.1.

4.1 Vehicles. The Government will not provide vehicles for use on this contract. Vehicles found to be unsafe or unable to function as designed shall be removed from the installation and replaced at the contractor’s expense. Vehicle repairs shall not be accomplished on base. All vehicles shall be registered, licensed, and insured at all times.

4.2 Contractor vehicles shall have the company name prominently displayed on both sides of the vehicle and be maintained clean to present a neat, professional appearance. Operators of off road vehicles must wear appropriate helmets while operating those vehicles.

5.0 Requirements: The contractor shall:

5.1 Treatment Report: Applications will be tracked, logged and submitted to 127CES/CEV Not Later Than November 15, 2015, on the approved DEQ form - EQP 2792-1 (Attachment 2) payment will not be made without this document completed and received. This does not match date in deliverables schedule.

5.2 Permit: A Certificate of Coverage under General Permit No ANC9410000 (Attachment 1) to chemically control nuisance aquatic plants and algae is required. Work shall not commence until Certificate of Coverage has been received by Selfridge Air National Guard Base, Environmental Office.

5.3. Herbicides: Herbicide used in performance of this contract shall be limited to the MDEQ approval list and their application rates as required per General Permit No. ANC9410000, (Attachment 1). Selection of herbicides and rate of application shall further be determined on what best eradicates the target species, while still protecting native species and wetlands. The contractor shall take all precautions to minimize the potential for the herbicide to migrate through soil or high groundwater or drift to non-targeted areas. As part of the herbicide approval process, the contractor shall provide a Material Safety Data Sheet (MSDS) and completed Contractor HazMat Worksheet (Appendix B) to the government.

5.4. Application Schedule Applications shall be performed in early Fall 2015 starting not later than 20 October 15. The contractor shall coordinate the application schedule with the government. The schedule shall be mutually agreed upon to assure protection and coordination with other military uses of the area.

5.5. Environmental Protection

Wetlands are located within and adjacent to the application areas.

5.5.1. Mixing of chemicals, and cleaning of equipment is permitted in designated areas within the boundaries of Selfridge ANGB. Contractor shall take all precautions to ensure herbicides and/or rinsate does not enter storm drains.

5.5.2. Vehicular spray equipment application shall be restricted to soil conditions that can be driven on without rutting. Vehicular equipment is restricted to only those areas specified for driving.

5.7 Contractor Manpower Reporting Application (CMRA):

5.7.1 The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Air Force via a secure data collection site.

5.7.2 The contractor shall completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at http://www.ecmra.mil.

6.0 Publications/References: Publications applicable to this PWS are listed below: Publications may be found through the AF Portal https://www.my.af.mil/ publications link.

6.1 The contractor is obligated to follow those publications to the extent specified in other sections of this PWS. The contractor shall be guided by those publications to the extent necessary to accomplish requirements in this PWS. The government, at the start of the contract shall provide all publications and forms listed, or will provide access to the Air Force e-publishing website through the Air Force Portal, or other government internet/intranet web pages.

6.2 Changes to listed publications from any organizational level may be issued during the life of the contract. The contractor shall implement changes and notify the KO in writing of any such change. If such change alters the magnitude of work, the contractor shall provide a proposal for a change in the contract price to the KO within 30 calendar days.

6.3 Publications. The contractor shall maintain access (electronic) to all items listed in this section. The contractor shall maintain currency by researching appropriate WEB sites.

6.4 All the publications are considered mandatory for successful performance of the contract.

(Chapter/Page) Publication Title

TECHNICAL EXHIBIT 1

Performance Requirements Summary

This Performance Requirements Summary includes performance standards. The Government will use these standards to determine contractor performance and will compare contractor performance to the Acceptable Quality Level (AQL).

TECHNICAL EXHIBIT 2

Deliverables Schedule

1.4.5.2 Base Access Information List

1.4.4.5 Identification Media

5.1 DEQ form - EQP 2792-1

1.1 Certification

Attachments:

Attachment 1- Approved Pesticides Attachment 2- DEQ Aquatic Nuisance Treatment Report Form EQP 2792-1 Appendix B - HazMat Worksheet SANGB Form 23