A22_-_W912P8-16-R-0096.pdf

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Aquatic Plant Control in South Louisiana
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W912P8-16-R-0096
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AQUATIC PLANT CONTROL IN SOUTH LOUISIANA 5 000 ACRES MAXIMUM PER THE PRICING

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SEE ADDENDUM

(No Collect Calls)

W912P8-16-R-0096 01-Sep-2016

b. TELEPHONE NUMBER

(504) 862-2880

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 12 Sep 2016

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.

W912P89. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KATRINA D. PELREAN

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

1 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

W42HEM62326105

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

USACE, CONTRACTING DIVISION

ATTN: CEMVN-CT, ROOM 172

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$38.5

NAICS:

488310

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)

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.

W912P8-16-R-0096

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

FFP - BASE PERIOD - AQUATIC PLANT CONTROL IN SOUTH

LOUISIANA 5,000 ACRES MAXIMUM PER THE PRICING - The Contractor shall provide all management, supervision, labor, airboats, skiffs, transportation, equipment, supplies, materials, and quality control necessary to apply liquid herbicidal materials to unwanted aquatic vegetation in any or all of 23 parishes (counties) in south Louisiana. SEE ATTACHED SOW

Period of Performance is 19 September 2016 thru 18 September 2017

FOB: Destination

TEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001AA 4,500 Acre

FFP - AQUATIC PLANT CONTROL IN SOUTH LOUISIANA - The aquatic plant infestations vary from sparse patches of plants to very dense uniform mats.

Approximately 95% of the work may involve the control of water hyacinths. The Contractor shall perform simultaneous spray operations at multiple locations, involving the use of two-person spray crews in airboats and/or skiffs.

0001AB 500 Acre

FFP - AQUATIC PLANT CONTROL IN SOUTH LOUISIANA - The Contractor shall furnish all labor, equipment, and chemicals to spray floating vegetation with glyphosate aquatic herbicide in strict accordance with the specifications using an airboat, skiff, mudboat, or surface drive.

FFP - FIRST OPTION PERIOD - AQUATIC PLANT CONTROL IN SOUTH

LOUISIANA 5,000 ACRES MAXIMUM PER THE PRICING - The Contractor shall provide all management, supervision, labor, airboats, skiffs, transportation, equipment, supplies, materials, and quality control necessary to apply liquid herbicidal materials to unwanted aquatic vegetation in any or all of 23 parishes (counties) in south Louisiana. SEE ATTACHED SOW

Period of Performance is 19 September 2017 thru 18 September 2018

0002AA 4,500 Acre

Approximately 95% of the work may involve the control of water hyacinths. The Contractor shall perform simultaneous spray operations at multiple locations, 0002AB 500 Acre glyphosate aquatic herbicide in strict accordance with the specifications using an

FFP - SECOND OPTION PERIOD - AQUATIC PLANT CONTROL IN

SOUTH LOUISIANA 5,000 ACRES MAXIMUM PER THE PRICING - The Contractor shall provide all management, supervision, labor, airboats, skiffs, transportation, equipment, supplies, materials, and quality control necessary to apply liquid herbicidal materials to unwanted aquatic vegetation in any or all of 23 parishes (counties) in south Louisiana. SEE ATTACHED SOW

Period of Performance is 19 September 2018 thru 18 September 2019

0003AA 4,500 Acre

Approximately 95% of the work may involve the control of water hyacinths. The Contractor shall perform simultaneous spray operations at multiple locations, 0003AB 500 Acre glyphosate aquatic herbicide in strict accordance with the specifications using an

FFP - THIRD OPTION PERIOD - AQUATIC PLANT CONTROL IN SOUTH

LOUISIANA 5,000 ACRES MAXIMUM PER THE PRICING - The Contractor shall provide all management, supervision, labor, airboats, skiffs, transportation, equipment, supplies, materials, and quality control necessary to apply liquid herbicidal materials to unwanted aquatic vegetation in any or all of 23 parishes (counties) in south Louisiana. SEE ATTACHED SOW

Period of Performance is 19 September 2019 thru 18 September 2020

0004AA 4,500 Acre

Approximately 95% of the work may involve the control of water hyacinths. The Contractor shall perform simultaneous spray operations at multiple locations, 0004AB 500 Acre glyphosate aquatic herbicide in strict accordance with the specifications using an

FFP - FOURTH OPTION PERIOD - AQUATIC PLANT CONTROL IN

SOUTH LOUISIANA 5,000 ACRES MAXIMUM PER THE PRICING - The Contractor shall provide all management, supervision, labor, airboats, skiffs, transportation, equipment, supplies, materials, and quality control necessary to apply liquid herbicidal materials to unwanted aquatic vegetation in any or all of 23 parishes (counties) in south Louisiana. SEE ATTACHED SOW

Period of Performance is 19 September 2020 thru 18 September 2021

0005AA 4,500 Acre

Approximately 95% of the work may involve the control of water hyacinths. The Contractor shall perform simultaneous spray operations at multiple locations, 0005AB 500 Acre glyphosate aquatic herbicide in strict accordance with the specifications using an

C-1. Scope of Work.

C-1.1. The Contractor shall provide all management, supervision, labor, airboats, skiffs, transportation, equipment, supplies, materials, and quality control necessary to apply liquid herbicidal materials to unwanted aquatic vegetation in any or all of 23 parishes (counties) in south Louisiana.

C-1.2. The aquatic plant infestations vary from sparse patches of plants to very dense uniform mats. Approximately 95% of the work may involve the control of water hyacinths. The Contractor shall perform simultaneous spray operations at multiple locations, involving the use of two-person spray crews in airboats and/or skiffs. The Government-approved weekly work plans shall dictate the actual locations of the various work sites and the priority of work. The Contractor will be paid based upon the acres of aquatic vegetation successfully treated, as verified by Government inspectors.

C-2. Geographical Areas of Responsibility. The Contractor shall perform operations to control unwanted aquatic vegetation at various locations within and around navigable waterways in south Louisiana.

C-3. Contractor's Equipment. The contractor shall have enough equipment to provide as many as three (3) airboats or three (3) skiffs in order to be capable of performing treatments at three (3) different locations simultaneously, from May through September annually. All boats must be a minimum length of 18 feet. This is a Corps Safety Office requirement.

C-3.1. Airboats. Each spraying crew shall be equipped with an airboat, for use in normal spraying operations. The Contractor shall use airboats, in preference over skiffs, wherever practical for herbicide application to unwanted aquatic vegetation. Airboats shall be powered by a minimum 350 CID automotive engine or 540 CID aircraft engine. Each airboat shall have full flotation, and shall be of sufficient size to allow storage of all equipment while allowing safe seating and sufficient open space for the spray crew to work. Each working day, each airboat in use shall have on board sufficient spare parts, fuel, lubricants, and all other supplies necessary for a full day of uninterrupted spraying. Each airboat shall be capable of sustained slow-speed operations during the application of herbicide. Spraying equipment shall be secured in the airboat(s) to ensure safe operation of the vessel at any speed.

C-3.2. Skiffs, mudboats and surface drives.. Each spraying crew shall be equipped with a powered skiff for use in waterways where airboats are not appropriate. Skiffs may be powered by outboard or inboard engines. The outboard engine may be water cooled or air cooled as in the configuration of a surface drive.

A skiff with an inboard engine, also known as a mudboat, may be propelled with a straight shaft or directional propulsion shaft. Each skiff shall be powered by a minimum 35 HP engine. Each skiff shall have full flotation and shall be of sufficient size to allow storage of all equipment while allowing safe seating and sufficient open space for the spray crew to work. Each working day, each skiff in use shall have on board sufficient spare parts, fuel, lubricants, and all other supplies necessary for a full day of uninterrupted spraying, including some means of clearing away aquatic plants that may entrap the skiff.

Each skiff shall be capable of sustained slow-speed operations during the application of herbicide. Spraying equipment shall be secured in the skiff(s) to ensure safe operation of the vessel at any speed.

C-3.3. Safety Equipment. Each boat, whether skiff or airboat, shall contain all safety equipment required by the US Coast Guard Auxiliary for the size of the boat and the number of persons aboard. The US Coast Guard Auxiliary requirements are more stringent than those of the US Coast Guard. A brief summary of the USCG and USCGA requirements is listed in Chapman's Piloting, Seamanship, and Small Boat Handling, which volume as a whole is not incorporated into the specifications. Also refer to the applicable provisions Of the US Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1. Wearable and throwable personal flotation devices shall have covers which are impervious to the chemicals being applied, or shall have removable, washable covers. All safety equipment required for placement of the herbicides, as specified on the herbicide label, shall also be used. In the event of a conflict between any of the various safety references above, the most stringent requirements shall be followed.

C-3.4. Spraying Equipment. The Contractor's spraying equipment must be capable of spraying a total of at least 36 gallons of concentrated herbicide as a diluted mix per working day. The pumps must each be capable of a minimum application rate of 20 gallons per minute, at a maximum spray pressure of 250 pounds PSIG. The pumps shall each deliver a stream of the chemical mixture approximately 45 feet (13.5 meters) from the point of release. Spray guns must be hand-held for accurate control of herbicide placement. Fixed or articulated spraying booms or hand-held booms with multiple nozzles, are not acceptable for use.

C-3.4.1. Pump Calibration. The Contractor shall calibrate each spray pump at least once every 10 working days, with each calibration documented on an LMN Form 557, Log of Operations. The Government shall provide a reproducible copy of an LMN 557 after contract award. Each crew member (including boat operators) shall sign the LMN 557 attesting to each calibration. If the Contractor cannot calibrate a spray pump to the specifications herein, then he shall immediately remove the pump from service, and be replaced within five working days. Spray pumps that are out of calibration are not acceptable for use on this contract.

NOTE: Where "Technical Point of Contact" or “TPOC" is used throughout these specifications, said individual is in fact the Agency's Point of Contact.

C-3.4.2. Inspection of Spraying Equipment by the State. The Contractor shall provide proof to the TPOC that his/her spray equipment, intended for use under this contract, and has been inspected by the Louisiana Department of Agriculture and Forestry. This proof of inspection is required before starting work under this contract, annually thereafter if one or more options are exercised in whole or in part, or if substitute equipment is used.

C-3.5. Substitution of Equipment. Equipment, including boats, accepted at the time of the post-award inspection, shall fully comply with these specifications. However, upon request by the Contractor, review by the TPOC and approval by the Contracting Officer if substitute equipment does not meet minimum contract requirements, the Contractor may substitute boats or equipment of similar capabilities, at no additional cost to the Government. Substitute equipment is subject to the same inspection requirements as the original equipment.

C-3.6. Maintenance and Repair. The Contractor is solely and totally responsible for maintenance and repairs of all his/her equipment and he shall keep available normal repair and replacement parts. The Contractor shall maintain all equipment in safely operable condition, at no additional cost to the Government.

C-3.7. Communications Equipment. The Contractor shall provide each spraying crew and supervisory employee with communications equipment so that Government inspectors and the Contractor's supervisory personnel can contact the spraying crews and each other as necessary.

C-4. Government Liability. The Government assumes no responsibility or liability for any damage to Contractor-owned, leased, or subcontracted equipment, nor injury to employees of the Contractor or any subcontractors, nor for damage or injury to persons or property of third parties. The Contractor shall hold and save the Government, its officers and agents, harmless from all claims for personal injuries, property damages, or other claims arising out of his/her work under this contract.

C-5. Government Responsibility. The Government shall advise the Contractor, in sufficient detail, on the areas to be treated, and recommend launch sites in close proximity to the various work sites.

C-6. Contractor Responsibility.

C-6.1. The Contractor shall contact the TPOC at least once every week to plan operations for the areas to be sprayed for the following week. The TPOC may, at his/her discretion, advise the Contractor of the geographical areas or specific waterways that require attention, and if so, then the Contractor shall write his/her spray plan in accordance with that guidance. If the TPOC does not provide guidance for areas requiring attention, then the Contractor shall make his/her own determination as to which areas to spray. Note that a determination by the TPOC of a geographical area does not constitute an assignment of work, as the order of work within the area is still at the discretion of the Contractor, subject to approval of the plan. The Contractor shall provide a weekly work plan to the TPOC, outlining proposed operations for the following week. The plan shall list not only areas of coverage, but also methods of application (including type of boat to be used), and the specific herbicide to be used. The TPOC shall review the spraying plan and may recommend changes to the plan if he deems it necessary.

The Contractor shall not perform spraying operations under the work plan until the TPOC has approved the plan.

C-6.2. The Contractor shall obtain any necessary licenses and permits, at his/her own cost, and shall comply with all applicable Federal, State, and municipal laws, codes and regulations.

C-6.3. The total acreage to be treated under this contract is 5,000 acres per year. A daily limit per crew of 50 acres treated per working day has been established based on prior performance by Government spraying crews, this limit representing the historical maximum effective treatment possible in good conditions by a single crew.

This limit shall all be adhered to by the Contractor, unless the Contractor and the Government agree to changes.

NOTE: Although the maximum allowable acres for each year is 5,000 acres, the total allowable acres for this contract is 25,000 acres over the five year period. Acres sprayed for the last five (5) years varies depending on funding.

C-6.4. The Contractor shall be responsible for ensuring that his/her employees strictly comply with all Federal, State and municipal laws. Any illegal or criminal activity may result in the removal of the Contractor employee(s) and/or termination of the contract. The Contracting Officer or the TPOC may advise the Contractor of any employee who in the opinion of the Contracting Officer or TPOC is incompetent, who endangers persons or property, or whose physical or mental condition is such that it would impair his/her ability to perform his/her work. The Government will promptly notify the Contractor, in writing, if time and circumstances permit.

Otherwise, notification shall be by telephone with confirmation in writing, or by facsimile. The Contractor remains obligated to perform all work required under this contract. This notification shall not be made the basis of any claim for compensation or damages against the United States or any of its officers or agents.

C-6.5. The Contractor shall properly dispose of herbicide and associated containers in accordance with all applicable laws and regulations.

C-7. Experience and Skills.

C-7.1. The Contractor shall provide sufficient employees to operate all boats and related equipment to accomplish the required work. Each crew shall consist of one person to operate the boat and the second person to operate the spray pump and direct chemical spray on the unwanted vegetation. Additional crew members per boat may be used if desired, but at no extra cost to the Government. One-person spraying operations shall not be performed at any time. Supervisory or quality control personnel not engaged in spraying operations may operate boats single-handed.

C-7.2. The Contractor shall provide personnel who are experienced and who demonstrate proficiency in the skills required to perform the work required. Each sprayer and boat operator shall be certified in EPA Category 5A, Aquatic Pest Control, holding a valid Commercial Pesticide Applicator's certification from the State of Louisiana or a state which has a reciprocal agreement with the State of Louisiana. The Contractor shall provide the TPOC with a current list of certified employees, copies of their certification, and if necessary a copy of the State of Louisiana's approval of reciprocity before those employees perform any spraying operations.

C-7.3. The Contractor shall appoint, in writing, at least one field supervisor or foreman, and one alternate, with authority to act on his/her behalf. These individuals shall serve as the primary point of contact and be available to the TPOC daily (Monday-Friday) from 7:00am to 3:30pm (0700-1530), and shall be responsible for overall management and coordination of this contract. Every working day the Contractor or his/her foremen shall contact the TPOC or inspectors to inform them of the locations of the spray crews. The foremen shall have a current copy of the contract, any amendments or modifications, and maps showing the locations of work that day, in their possession at all times.

C-7.4. Besides the spray crews and supervisor(s), the Contractor shall provide sufficient personnel to perform quality control activities. The field foremen may perform this function as a collateral duty, provided that their performance in each duty remains unimpaired. The QC personnel shall be available to the Government inspectors daily (Monday-Friday) from 7:00am to 3:30pm (0700-1530), and shall be responsible for confirming that the spraying crews are performing according to the contract, and for verifying the acreage sprayed. The Contractor's QC personnel shall perform joint inspections with the Government inspectors. Any discrepancies between the QC personnel's assessment and the Inspector's assessment of acreage sprayed shall be resolved before the Contractor submits any claim for payment. The Contractor may waive his/her right to have his/her QC personnel accompany any scheduled inspection, if he so chooses. If the QC personnel do not accompany the Government inspector during a scheduled inspection, then the Inspector's decision about the acreage successfully treated is not subject to appeal.

C-8. Reporting Requirements. The Contractor shall provide the TPOC a written daily record, by the end of each week, of the following:

total gallons of herbicides applied, total number of acres of aquatic plants treated, total hours of actual treatment time, and wind speed measurements during spray operations.

Any other information required by the Louisiana Pesticide Law Form LMN 557, Log of Operations, shall be used for reporting this daily information. Each Friday, the Contractor shall submit LMN 557's of each crew's daily spraying activity. Each crewmember shall sign the completed forms to attest to the accuracy of the information.

Spray crews shall record in the Remarks section on each LMN 557 the following information.

specific boat launching site used on that date, time of arrival at the launch site, time in hours to travel by boat from the launching site to the spraying location, and time in hours to travel by road to launch site from the equipment storage site.

NOTE: One LMN 557 Form is required from each crew, for each day of operation, and for each herbicide used.

The Contractor shall retain the originals for his/her records and mail copies with the applicable invoice to:

Aquatic Growth Control Operations Division US Army Corps of Engineers 7400 Leake Avenue New Orleans, Louisiana 70118-3651

The original of the daily Log of Operations should be retained by the Contractor as his/her permanent application record as required by the Louisiana Pesticide Law. The Contractor may use his/her own form if it is approved by the Government.

C-9. Work Schedule.

C-9.1. The spray crews shall only work during daylight hours, weather permitting, on weekdays. Work on weekends, if desired, must be coordinated with the TPOC and approved by the Contracting Officer.

C-9.2. Every second week, the Contractor will provide the TPOC with a two-week report comparing actual performance versus the work plan, with a plan for making up any shortfalls.

C-9.3. The Contractor shall keep the TPOC and/or inspectors advised of the crew's daily spraying progress. The TPOC will determine the method of notification, whether by telephone or by FAX.

C-9.4. The Contractor should expect performance less than the maximum 75 acres per day per spray crew due to adverse conditions (rain, wind, etc.) which may prevent a full day's application of herbicide. Likewise, the number of spray crews required at any one time is a function of both the severity of infestation and the number of locations requiring simultaneous treatment. The number of spray crews per month listed in the table at paragraph C-6.3 is a recommendation only. The Contractor may elect to use more or fewer crews to accomplish the work, based on his/her analysis of the locations and amount of treatment required. His/Her weekly work plans should identify the number of spray crews to be used that week.

C-10. Conduct of Work.

C-10.1. Quantities of plants to be controlled or allowed to remain untreated will vary depending upon several factors the growth potential of the target plant, the mobility of the species, the potential impact on navigation, and the benefits to be derived from the proposed control effort.

C-10.2. Water hyacinths have exhibited an ability to expand their area of coverage at a very rapid rate. The plants have likewise demonstrated the ability to coalesce from relatively small fringes in remote areas to form large navigation blockages because of their floating growth habit. The plants are very competitive when allowed to grow into large mats and are therefore destructive to beneficial native plants. The higher the level of water hyacinths allowed to remain the greater the costs required to regain control and the greater the environmental impact caused by the plants and the control operations. For these reasons, the objective of water hyacinth control operations is maintaining the plants at the lowest level possible for maintenance control.

C-10.3. The personnel and other resources required to manage aquatic vegetation can change significantly depending on many environmental conditions. For instance, an extended period of low water levels one year followed by rising levels the next year can release newly germinated water hyacinths, as well as those confined in areas not previously accessible to control operations. This situation can dramatically increase the amount of floating vegetation, and will require additional personnel and resources by the Contractor to prevent adverse impacts to navigation, recreation, and fish and wildlife utilization of the water bodies. Short-term weather such as large thunderstorms, extremely rainy weather fronts, and hurricanes, can also increase the floating inflows from tributaries and outlying areas. During periods of low water and/or less intense weather, decreased resource levels could maintain vegetation at acceptable levels. Drought-related saltwater intrusion may greatly reduce the amount of vegetation requiring control.

C-10.4. Chemical herbicides shall be labeled for use on aquatic sites in Louisiana and shall be used according to the label restrictions. Recommended rates shall have the approval of the US Department of Agriculture and the Louisiana Department of Agriculture and Forestry. The formulation for use on water hyacinths shall be a solution of 2,4-D amine salt in water, mixed according to label directions. The chemical shall be mixed by an in-line metering and mixing device that takes water from overboard and mixes it with the proper amount of chemical concentrate. Other herbicides shall also be mixed in accordance with the label directions for the specific chemical.

C-10.5. When spraying along banks of waterways, the Contractor shall take care to avoid spraying bank vegetation to prevent erosion of stream banks. The Contractor shall perform herbicide treatments only in the waterway proper, from bank to bank, to ensure an effective and thorough kill of unwanted aquatics. No spraying should be performed on the banks of streams, near the bases of trees in swamps or near bank or marsh restoration areas. No spraying shall be performed within 100 feet of the residence of pesticide hypersensitive individuals who are registered with the Louisiana Department of Agriculture and Forestry (LDAF).

http://www.ldaf.state.la.us/portal/Offices/AgriculturalEnvironmentalSciences/PesticideEnvironmentalPrograms/ PesticideProgram/PesticideHypersensitvityList/tabid/377/Default.aspx

C-10.6. The Contractor shall not apply aquatic herbicides when weather is such that he cannot accurately place herbicide, or such that visibility is not adequate to target the stream of herbicide from the spray nozzle.

C-10.7. The Government may award other contracts for additional or other work in connection with the same projects or in the same vicinity. The Contractor shall conduct operations to cooperate fully with any such work http://www.ldaf.state.la.us/portal/Offices/AgriculturalEnvironmentalSciences/PesticideEnvironmentalPrograms/PesticideProgram/PesticideHypersensitvityList/tabid/377/Default.aspx http://www.ldaf.state.la.us/portal/Offices/AgriculturalEnvironmentalSciences/PesticideEnvironmentalPrograms/PesticideProgram/PesticideHypersensitvityList/tabid/377/Default.aspx being performed by the Government as directed by the Contracting Officer. The Contractor shall not commit nor permit any act that may interfere with the performance of any such work.

C-10.8. The Contractor is advised that there may be instances in which his/her personnel will perform spraying operations near to State of Louisiana spraying crews, or other Government entities operating in their own defined geographic area of responsibility. The Contractor shall not interfere with their actions nor hinder them in the discharge of their responsibilities. Actions that interfere with the Federal or State Government operations will not be a basis for nonperformance and/or a claim against the Government. If the Contractor becomes aware that State spraying crews are working in the same geographical area, he shall notify the TPOC immediately, so that the Government inspectors can make an accurate determination of the areas sprayed by each group, to avoid incorrect payment for services performed by the Contractor.

C-11. Water Body Eligibility Information.

C-11.1. Water bodies eligible for treatment are navigable water bodies that demonstrate a Federal interest.

Federal interest and navigability are determined by the availability of the water body for use by the general boating public. The specific eligibility criteria are:

C-11.1.1. The water body must be unrestrictedly accessible to the boating public by way of an established boat ramp, or by direct boatable connection to another eligible water body.

C-11.1.2. Waterways with barricades, such as pilings, fences, gates, cables or similar obstructions that restrict access, do not allow entrance by the general public. The Contractor shall not treat such waterways for aquatic weed control under this contract.

C-11.1.3. The water body must have a documented aquatic weed problem, or a potential problem resulting from the introduction of a non-indigenous weedy aquatic plant.

C-11.2. Many of the waterways located in the Contractor's area of responsibility are not named on available maps. Treatment of private or posted water bodies is prohibited. If there is Contractor uncertainty whether he may treat a specific water body, he shall refer the matter to the TPOC for decision, during the submission of the weekly work plans. If the Contractor treats a prohibited water body, and had not previously verified its status, then he shall be liable for any damages which result, just as if he had treated a known prohibited waterway. In addition, no measurement or payment will be made for treatment of prohibited waterways.

C-12. Security

C-12.1. The contractor will not have access to the CORPS network. This is an unclassified contract and the contractor will not have access to critical information.

C-12.2. The contractor and all associated sub-contractors shall receive locally developed training provided by the MVN Security Office on the local suspicious activity reporting program, please call 504-862-2342 for the power point for this training. This training is used to inform contract employees on the types of suspicious behavior to watch for and instructs employees on how to report suspicious activity relating to the project.

C-12.3.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. A list of verified candidates must be provided to the contracting officer representative (COR) no later than 3 business days after the initial contract award.

http://www.uscis.gov/e-verify

NOTE:

1. Offers in response to this solicitation/RFP can be forwarded by personal delivery, regular mail, email, or fax arrive by the date and time specified in Block 8 of this form. OFFERS ARE NOT TO BE PLACED IN THE BID BOX located in the New Orleans District Contracting Division Office.

Addresses for responses are as follows:

Physical Address: U.S. Army Corps of Engineers, Contracting Division Attn: CEMVN-CT-W, Katrina Pelrean, Room 172/184 7400 Leake Avenue New Orleans, LA 70118

Mailing Address: U.S. Army Corps of Engineers, Contracting Division, Attn: CEMVN-CT-W, Katrina Pelrean, Room 172/184 P.O. Box 60267 New Orleans, LA 70160-0167

Fax to: (504) 862-2892

Email to: Katrina.d.pelrean@usace.army.mil

2. The Government’s standard payment terms are NET 30. If Offerors desire to submit alternative discount terms, please include in Block 12 for consideration.

3. Prospective contractors must be registered in the System for Award Management (SAM). See FAR Clause 52.204-9 for required information. The website for SAM is https://www.sam.gov. You will be required to provide your company’s Dun and Bradstreet number. If you do not already have a D&B number, one can be obtained simply by calling Dun and Bradstreet at (800) 333-0505.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0001AA Destination Government Destination Government 0001AB Destination Government Destination Government 0002 Destination Government Destination Government 0002AA Destination Government Destination Government 0002AB Destination Government Destination Government 0003 Destination Government Destination Government 0003AA Destination Government Destination Government 0003AB Destination Government Destination Government 0004 Destination Government Destination Government 0004AA Destination Government Destination Government 0004AB Destination Government Destination Government 0005 Destination Government Destination Government 0005AA Destination Government Destination Government 0005AB Destination Government Destination Government mailto:Katrina.d.pelrean@usace.army.mil https://www.sam.gov/

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS

0001 POP 19-SEP-2016 TO

18-SEP-2017

OPERATIONS DIV - CHIEF

U S ARMY CORPS OF ENGINEERS

7400 LEAKE AVENUE

NEW ORLEANS LA 70118-3651

0001AA POP 19-SEP-2016 TO

4,500 (SAME AS PREVIOUS LOCATION)

0001AB POP 19-SEP-2016 TO

500 (SAME AS PREVIOUS LOCATION)

0002 POP 19-SEP-2017 TO

18-SEP-2018

OPERATIONS DIV - CHIEF

U S ARMY CORPS OF ENGINEERS

7400 LEAKE AVENUE

0002AA POP 19-SEP-2017 TO

0002AB POP 19-SEP-2017 TO

0003 POP 19-SEP-2018 TO

18-SEP-2019

OPERATIONS DIV - CHIEF

U S ARMY CORPS OF ENGINEERS

7400 LEAKE AVENUE

0003AA POP 19-SEP-2018 TO

0003AB POP 19-SEP-2018 TO

0004 POP 19-SEP-2019 TO

18-SEP-2020

OPERATIONS DIV - CHIEF

U S ARMY CORPS OF ENGINEERS

7400 LEAKE AVENUE

0004AA POP 19-SEP-2019 TO

0004AB POP 19-SEP-2019 TO

0005 POP 19-SEP-2020 TO

18-SEP-2021

OPERATIONS DIV - CHIEF

U S ARMY CORPS OF ENGINEERS

7400 LEAKE AVENUE

0005AA POP 19-SEP-2020 TO

0005AB POP 19-SEP-2020 TO

CLAUSES INCORPORATED BY REFERENCE

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.225-1 Buy American--Supplies MAY 2014 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

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

The following factors shall be used to evaluate offers:

EVALUATION OF OFFERS

Offers will be evaluated based on Lowest Price, Technically Acceptable (LPTA) criteria. Award will be made on the basis of the lowest evaluated price meeting or exceeding the acceptability standards for noncost factors.

The offeror must document previous work area locations in the field of aquatic growth control, including work areas, boat landings, and knowledge of waterways of south Louisiana, and the ability to produce daily spray requirements of acreage treated."

Lowest Price

Lowest price means the lowest total price of all proposed schedule line items.

1. Technical Acceptability:

Technically acceptable means the ability to fulfill the following for this solicitation:

The offeror must submit sufficient documentation that illustrates their capability to meet the requirements of this solicitation. Offeror shall submit a complete listing of all equipment to be used in the performance of this contract. The listing must address the minimum requirements of this solicitation and contain a description of each skiff, airboat or vessel, primary mover (truck, jeep, tractor, etc.), spray pumps, etc.

Additionally, all storage facilities that will be used for chemicals and equipment should be identified by location and described.

Failure to provide sufficient documentation of capability to meet the minimum requirements of this solicitation may result in a determination of the quote as unacceptable.

2. Past Performance:

Satisfactory past performance within the last three (3) years of successful completion of previous projects that was similar to the technical specifications. It is in the best interest of the offeror to submit evidence of this in the form of a minimum of three (3) references and contact information.

Note: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (See FAR 15.305 (a)(2)(iv)). Therefore, the Offeror shall be determined to have unknown past performance.

In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

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

The Offeror shall complete only paragraph (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 (r) of this provision.

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

“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.

"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.

https://www.sam.gov/portal

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).

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.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

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 services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women;

and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, 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.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (r) of this provision that the offeror…

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