W912PP20Q0051 - FINAL.pdf

SEE ADDENDUM

(No Collect Calls)

W912PP20Q0051

b. TELEPHONE NUMBER

505-342-3356

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 10 Aug 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

29-Jul-2020

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 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.

W912PP9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KAREN K IRVING

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

US ARMY ENGINEER DISTRICT, ALBUQUERQUE

4101 JEFFERSON PLAZA NE

ALBUQUERQUE NM 87109-3435

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

505-342-3496FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF106

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.

Section SF 1449 - CONTINUATION SHEET

SUBMISSION INSTRUCTIONS

Please submit offers to Karen Irving via e-mail at karen.k.irving@usace.army.mil. The Government intends to award a firm, fixed-price service contract, resulting from this solicitation, utilizing Simplified Acquisition Procedures per FAR Part 13.

SAM

****************Note to Offeror**************** The System for Award Management (SAM) registration (formerly CCR) should be completed prior to award of any resultant contract from the RFQ. Failure to have this registration completed could cause delay of award or rejection of offer. To complete or update a SAM registration, go to www.sam.gov.

Please provide the following information with quote:

Dun & Bradstreet Number: ______________________ Federal Tax ID Number: ______________________

CAGE Code: ______________________

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

Trinidad Veg Removal

FFP

Contractor shall furnish all labor, management, equipment, supplies, and materials needed for Trinidad Vegetation Removal in accordance with the attached Performance Work Statement and US Department of Labor Wage Determination.

Price includes all applicable Federal, State, and Local taxes. Point of contact for this project is Kim Falen, (719) 846-9200 FOB: Destination

PSC CD: F999

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job

CMRA - Base Year

FFP

FOB: Destination

PSC CD: F999

NET AMT

$500.00

0003 1 Job OPTION Option Year 1

FFP

FOB: Destination

PSC CD: F999

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 1 Job OPTION Option Year 1 - CMRA

FFP

FOB: Destination

PSC CD: F999

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 1 Job OPTION Option Year 2

FFP

FOB: Destination

PSC CD: F999

0006 1 Job OPTION Option Year 2 - CMRA

FFP

FOB: Destination

PSC CD: F999

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 1 Job OPTION Option Year 3

FFP

FOB: Destination

PSC CD: F999

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 1 Job OPTION Option Year 3 - CRMA

FFP

FOB: Destination

PSC CD: F999

NET AMT

0009 1 Job OPTION Option Year 4

FFP

FOB: Destination

PSC CD: F999

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 1 Job OPTION Option Year 4 - CMRA

FFP

FOB: Destination

PSC CD: F999

PERFORMANCE WORK STATEMENT (PWS)

Trinidad Dam Vegetation Removal

PART 1

GENERAL INFORMATION

1.1 This is a non-personal services contract to provide pesticide treatment/application for trees, shrubs and grasses at the Trinidad Dam. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform pesticide treatment for the Trinidad Dam as defined in this Performance Work Statement except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this contract.

1.3 Background: This project follows the guidelines of the U.S. Army Corps of Engineers – Albuquerque District “Routine Vegetation Management Plan for Dam Safety Program Plan” (February 2020).

The face, groins, and downstream embankment of the dam contain vegetation that may include, but not be limited to the following:

- Saltcedar (Tamarix spp.)

- Russian olive (Elaeagnus angustifolia)

- Rocky Mountain and one-seed juniper (Juniperus scopulorum, J. monosperma)

- Cottonwood (Populus deltoids, P. angustifolia)

- Willows (Salix spp.)

- Rabbitbrush (Ericameria nauseosa)

- Sage: big sagebrush, Louisiana sage, and sandsage (Artemesia tridentate, A. louisianica, A. filifolia)

- Ragweed species (Ambrosia spp.)

- Kochia (Kochia scoparia)

- Various grasses and forbs

1.4 Objectives: Periodically, the U.S. Army Corps of Engineers (USACE) is required to remove all vegetation from the upstream and downstream dam faces, groins, and abutments of Trinidad Dam in order to comply with dam safety requirements in Engineering Technical Letter (“ETL”) 1110-2-583, Guidelines for Landscape Planting and Vegetation Management at Levees, Floodwalls, Embankment Dams, and Appurtenant Structures, and Engineering Regulation (ER) 1110-2-1156 Appendix AC, Dam Safety Vegetation Management.

The objectives of this contract are as follows:

1) The project area is approximately 70 acres (Enclosure 1). The entire project area needs to be sprayed such that ALL vegetation is eliminated, and according to contract requirements outlined in section 5 of this PWS The project area shall be treated twice during the growing season- once in the spring (between May 1st and May 31st), and once in the fall (between September 1st and September 30th)

2) The contactor shall develop and submit a Pesticide Management Plan prior to receiving Notice to Proceed and annually by 15 January of each calendar year, in accordance with Technical exhibit 2 of this PWS.

3) The contractor shall document and report on the total acreage treated and quantity (volume or mass), and type of each pesticide applied.

1.5 Scope: Services include treatment of vegetation using approved pesticides in the areas depicted in

Enclosure 1. Specific tasks are described in Part 5 of this PWS. All work shall conform to the requirements of ETL 1110-2-583, with regards to the boundaries of the areas.

1.6 Period of Performance: The period of performance shall be one year from receipt of award with additional option years of four years.

1.7 Quality Control:

1.7.1 The Contractor shall develop and maintain an effective Quality Control Program (QCP) to ensure services are performed in accordance with 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 they assure themselves that their work complies with the requirement of the contract. The Contractor will not be required to have a separate Quality Control Manager (QCM) on-site during all work; while quality control and required reporting remain the sole responsibility of the Contractor, the Government will accept a superintendent or foreman as a representative of, and reporting directly to, the contractor’s QCM at the discretion of the Contractor and subject to approval by the COR. The Contractor retains all liability for ensuring reporting accuracy. The QCM shall observe work at the site a minimum of once per week during work performance.

1.7.2 Quality Assurance: 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 in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum satisfactory performance thresholds.

1.8 Recognized Holidays: The Contractor is not required to perform services on the following recognized holidays.

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

1.9 Hours of Operation: The Contractor is responsible for conducting business between the hours of 0700 and 1630, Monday thru Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must, at all times, maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.10 Place of Performance: The work to be performed under this contract will be performed at Trinidad Dam, Las Animas County, Colorado.

1.11 Type of Contract: The Government will award a firm, fixed-price contract.

1.12 Physical Security: The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured. Contractors associated with this contract who require access to restricted areas shall be escorted by USACE personnel. Any foreign nationals associated with this contract shall be coordinated through the District security office prior to commencement of work activities for proper clearance procedures.

1.13 Security Requirements:

AT Level I Training. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via\memorandum.

Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by a government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA 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.

For contractors who do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something). The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

OPSEC Training. All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations- security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

Pre-screen candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I=9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

1.14 Special Qualifications: The Contractor is responsible for ensuring that all employees possess the required certifications, safety equipment, etc. Pesticide shall be applied under the supervision of or by a State Certified Pesticide Applicator.

1.15 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.16 Contracting Officer’s Representative (COR) shall be Bernadine (Beatrice) Cisneros. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of Government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

1.17 Key Personnel: The following personnel are considered key personnel by the Government: Kim Falen, Operations Project Manager and Primary Point of Contact (POC), (719) 846-7990. The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name of this person, and an alternate who shall act for the Contractor when the manager is absent, shall be designated in writing to the Contracting Officer.

The Contract Manager, or alternate, shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager, or alternate, shall be available between 7:00 a.m. to 4:30p.m, Monday thru Friday except Federal holidays or when the Government facility is closed for administrative reasons.

Qualifications for all key personnel are listed below

1.18 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. Contractor personnel will not be required to obtain and/or wear badges during the performance of this work.

PART 2

DEFINITIONS & ACRONYMS

2.1 Definitions and Acronyms:

2.2 Definitions:

2.2.1 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.

2.2.2 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.

2.2.3 Contracting Officer’s Representative (COR): An employee of the U.S. Government appointed by the Contracting Officer to administer the contract. 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.

2.2.4 Defective Service: A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.2.5 Deliverable: Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.2.6 Government: The term Government is used in this PWS to describe the U.S. Army Corps of Engineers Project and District Offices.

2.2.7 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.

2.2.8 Physical Security: Actions that prevent the loss or damage of Government property.

2.2.9 Quality Assurance (QA): The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.2.10 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.2.11 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.

2.2.12 Subcontractor: One that enters into a contract with a prime Contractor. The Government does not have privacy of contract with the subcontractor.

2.2.13 Work Day: The number of hours per day the Contractor provides services in accordance with the contract.

2.2.14 Work Week: Monday through Friday, unless specified otherwise.

2.2.15 Site Safety and Health Officer (SSHO): This contract will allow the Contractor to utilize the foreman or superintendent to act as the Site Safety and Health Officer provided he or she meets all requirements laid out in the EM 385 1-1 Safety and Health Manual, Section 01.A.17. This person and all qualifications shall be established through submittal and approval by the USACE Safety Office. The manual is available free online through USACE.

2.3 Acronyms:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense ETL Engineering Technical Letter FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 N T P N o t i c e t o P r o c e e d KO Contracting Officer OCI Organizational Conflict of Interest OCONUS outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement SDS Safety Data Sheet QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit USACE U.S. Army Corps of Engineers

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.1 Government Furnished Items and Services:

3.2 Services: The Government will provide a site visit, if requested by the Contractor. The Government will also provide guidance and progress meetings, as necessary.

3.3 Facilities: The Government will provide the Contractor with any necessary keys or combinations to locks to access Trinidad Dam. Keys and lock combinations must be returned to the POC upon completion of the work described in this PWS. Bathroom facilities are accessible and available on-site to the Contractor.

3.4 Utilities: The Government will make available and allow the Contractor the use of utilities and water for the tasks outlined in this PWS. If utilities are furnished, the following is required: The Contractor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

3.5 Equipment: The Government will not provide any equipment for performance of this requirement.

3.6 Materials: The Government will provide the water and pesticide for performance of this contract requirement.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.1 Contractor Furnished Items and Responsibilities:

4.2 The Contractor shall furnish all supplies, equipment, materials, and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.3 Security Facility Clearance: A security Facility Clearance is not necessary for this requirement.

4.4 Materials: The Contractor shall furnish all other supplies needed to fulfill the requirements of this

PWS.

4.5 Equipment: The Contractor shall furnish all tools, equipment necessary to fulfill the requirements of this

PWS.

4.6 Contractor Manpower Reporting (CMR): See Specific Requirements in Part 5: Specific Tasks.

PART 5: SPECIFIC TASKS

5.1 Specific Tasks:

5.2 Basic Services: The Contractor shall provide all personnel, equipment, supplies, materials, facilities, transportation, tools, supervision, and any other items and non-personal services necessary to perform pesticide treatment in the designated areas at Trinidad Dam.

5.2.1 Contractor Manpower Reporting (CMR): The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for USACE via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address www.ecmra.mil.

Reporting inputs will 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. Contractors may direct questions to the help desk at:dod.ecmra.support.desk@mail.mil.

Contractor User Guide is available at https://www.ecmra.mil/help/help.html.

5.3 The project area is approximately 70 acres (Enclosure 1). The entire project area needs to be sprayed (total coverage) such that all vegetation is killed. Manual spray application shall be the mode of application. The contractor shall use dye in the pesticide spray and provide total pesticide coverage of the area. The project area shall be treated twice during the growing season- once in the spring (between May 1st and May 31st), and once in the fall (between September 1st and September 30th). Work needs to be done while vegetation is actively growing so that effects of the pesticide will provide maximum results.

5.4 Pesticide Application Areas (Enclosure 1 below). Project boundaries shall be reviewed with the on-site POC at the time of the pre-work meeting.

5.4.1 Within twenty-one (21) days of the contract award, and updated annually by 15 January, the Contractor shall prepare a Pesticide Management Plan (PMP) and submit the plan to the Contracting Officer and the Chief of Environmental Engineering section for approval (see technical exhibit 2). Included in the plan: sequence of treatment, dates, times, locations, pesticide trade name, EPA registration numbers, acreage, types and quantities of pesticides used during each calendar year (due annually on 15 January of each calendar year), authorized uses, chemical composition, formulation, original and anticipated concentration, application rates of active ingredient (i.e. pounds or volume of active ingredient applied), equipment used for application, locations for pesticide mixing and storage, Safety Data Sheets (SDS), pollution prevention and spill response plans, calibration of equipment and departures from the manufactures specifications.

Federal, State, Regional and Local pest management record keeping and reporting requirements as well as any additional Project Office specific requirements shall be fulfilled. The plan shall be developed by a State Certified Pesticide Applicator and include a copy of their current certification in the State of Colorado.

5.5 Contractor shall provide treatment of all areas identified in Enclosure 1 and at the time of the pre-work meeting. This shall be accomplished by spraying with appropriate pesticide mixture (based on the vegetation type, the time of year, as well as efficacy). The pesticide should contain a dye so that treated areas may be visible to minimize over application. Pesticide application shall be conducted by a state-certified applicator. Applications within 50 feet of all observed surface water or those below the Ordinary High Water Mark (OHWM) shall be conducted with an aquatic approved pesticide (locations and pesticide types shall be specified in the PMP). At Trinidad, the OHWM is 6,197.08 feet.

5.6 Since there are no earth disturbing activities associated with this contract, coverage under the National Pollutant Discharge Elimination System’s (NPDES) Construction General Permit is not required under this PWS. If at any time there is ground disturbance over one acre in size, a Storm Water Pollution Prevention Plan (SWPPP) shall be required for Government approval and a Notice of Intent (NOI) shall be filed with the US Environmental Protection Agency, install and maintain the required controls, and inspect the controls, document their condition, and make any required repairs or changes in accordance with the 2017 National Pollutant Discharge Elimination System General Permit for Discharges from Construction Activities and the Project SWPPP. Templates for the required SWPPP documentation are available at the EPA website: https://www.epa.gov/npdes/construction-general-permit-resources-tools-and-templates#swppp: http://water.epa.gov/polwaste/npdes/stormwater/Stormwater- Pollution- Prevention-Plans-for-Construction-Activities.cfm. Used oil to be discarded must be stored in marked corrosion-resistant containers and recycled or disposed in accordance with Federal, State, and local laws and regulations.

a. All construction materials shall be recycled to the extent possible. Solid waste generation shall be minimized throughout the duration of the project.

b. Any leftover materials shall be managed in accordance with the Safety Data Sheet (SDS). Empty containers shall be disposed of as solid waste in accordance with Federal, State, Regional and Local laws and regulations.

c. No concrete or concrete like materials will be used for this project.

d. No waste water is expected to be generated from the project activities.

e. In the case that any non-native soils, discolored soil, soil with an odor, or any debris are discovered, stop work immediately and notify the District Office, Environmental Engineering Section. If the material is determined to be free of contamination and unregulated, work will proceed without change.

f. If any material, not indicated, that may be hazardous to human health upon disturbance during work activities is encountered, stop that portion of work and notify the Contracting Officer immediately. Within 14 calendar days the District Office Environmental Engineering Section will determine if the material is hazardous. If material is not hazardous or poses no danger, the Government will direct the Contractor to proceed without change. If material is hazardous and handling of the material is necessary to accomplish the work, the Government will issue a modification pursuant to "FAR 52.243-4, Changes" and "FAR 52.236-2, Differing Site Conditions".

i. All equipment that shall be used at the site shall be inspected prior to being mobilized to the site to ensure that there are no leaks or drips. There shall be no fueling of the equipment or maintenance work performed at the project site. The equipment operator shall keep a fuel and fluids spill kit on board including absorbent pads that can be used to contain any drips or spills that may result from operating the equipment. Any equipment in disrepair shall be removed from the site immediately.

j. Storage, fueling and lubrication of equipment and motor vehicles must be conducted in a manner that affords the maximum protection against spill and contamination of the environment. Manage and store fuel, lubricants and oil in accordance with all Federal, State, Regional, and local laws and regulations. Used lubricants and used oil to be discarded must be stored in marked corrosion-resistant containers and recycled or disposed off-site in accordance with State, and local laws and regulations.

k. Pesticides shall be delivered to the site in the original, unopened containers bearing legible labels indicating the EPA registration number and the manufacturer's registered uses. Store pesticides according to manufacturer's instructions and under lock and key when unattended.

m. Apply pesticides using a State Certified Pesticide Applicator and in accordance with EPA label restrictions and recommendation. The Certified Applicator must wear clothing and personal protective equipment as specified on the pesticide label. All equipment shall be filled in a designated area, do not allow the equipment to overflow. The equipment operator shall keep a spill kit on within the immediate area, including absorbent pads that can be used to contain any drips or spills that may result from filling or operating the equipment. Any equipment in disrepair shall be removed from the site immediately. Copies of the applicator’s certification shall be submitted to the Contracting Officer with the Pesticide Management Plan.

n. It is required that land scarring during these activities be kept at a minimum. Any wheel ruts or land damage caused by vehicles used during these activities shall be leveled and repaired immediately or after vegetation removal activities are complete.

5.7 The Contractor shall contact the POC within 20 days after completion of pesticide application. A joint inspection of treated areas will be conducted to determine performance. If treatment requirements are met and application documentation required in Section 5.3.2.4 has been provided, the Contractor may submit an invoice for payment at that time. If requirements are not met as determined by the inspection, the Contractor shall return within 3 working days, weather permitting, and re-spray unaffected vegetation prior to submitting invoices for the original application.

5.8 The Contractor shall notify the POC immediately of any damage to Government or private property and injury to any person resulting from Contractor operations. The Contractor shall be responsible for restoring any Government facilities or structures damaged as a result of Contractor operations. Reasonable care shall be taken to avoid damage to existing structures and equipment. Any such damage shall be repaired or replaced as directed by the Contracting Officer, or their authorized representative, at no cost to the Government. If the Contractor does not make such repair or replacement, the cost thereof will be deducted from payments made to the Contractor. The Contractor shall advise the POC of any damage to the facilities due to vandalism or other causes on the day he/she first notices such damage. Upon completion of the work, the Contractor shall leave existing works in a condition equal to that which existed when work started.

5.9 Migratory birds, their eggs, nests, and chicks, are protected under the Migratory Bird Treaty Act (MBTA). If any active nests are encountered, the contractor shall stop working and immediately notify the POC. Activities that would directly impact the nest, or that would encroach close enough to cause adult birds to abandon the nest during the breeding season, are strictly prohibited, and all work must be stopped/suspended until the chicks have fully fledged from the nests.

5.10 Site Map and photographs of project area: See Enclosure 1 below.

PART 6

APPLICABLE PUBLICATIONS

6.1 Applicable Publications (Current Editions):

6.2 The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures of the USACE Safety Manual, EM 385 1-1.

6.3 The Contractor shall comply with the Federal Insecticide, Fungicide, and Rodenticide Act (Title 7 U.S.C. Section 136).

6.4 All work must comply with the 2015 National Pollutant Discharge Elimination System Pesticide General Permit for Discharges from the Application of Pesticides.

6.5 The Contractor shall comply with the Albuquerque District’s Pesticide Discharge Prevention Plan (PDPP) and shall provide all information required for necessary updates to the PDPP.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7.1 Attachment/Technical Exhibit List:

7.2 Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

7.3 Attachment 2/Technical Exhibit 2 – Deliverables Schedule

7.4 Enclosure 1: Site Map and photographs of project area

7.5 CRMA Requirements - under separate cover

TECHNICAL EXHIBIT 1

Performance Requirements Summary

The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum satisfactory levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective Standard Performance Threshold Method of Surveillance

PRS # 1.

The Contractor shall provide and Comply with Part 5 of the PWS. Specifically 5.3 Vegetation spraying.

The Contractor provided 100% pesticide coverage and killed 100% of vegetation within project boundaries as shown on enclosure 1.

The Contractor killed 100% of vegetation within project boundaries.

The POC shall provide periodical surveillance on site for compliance.

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To

Pesticide Management Plan and annual pesticide report (see attachment 1)

Prior to NTP, and updated annually by 15 January of each calendar year

One copy Via e-mail Bruno Quirici bruno.a.quirici@usace.army.mil Chief, Environmental Engineering USACE, Albuquerque District

AND

Kim Falen Kimberly.c.falen@usace.army.mil 10950 County Road 18.3 Trinidad, CO 81082

Daily logs of Pesticide Application

Provide log weekly

One copy (1) Via e-mail and hard copy

Kim Falen Kimberly.c.falen@usace.army.mil 10950 County Road 18.3 Trinidad, CO 81082

Enclosure 1. Aerial images of the project area where vegetation would be treated.

Photo 1 - General area aerial view

Photo 2 - Downstream

Photo 3 – Upstream (photo 1 of 2)

Photo 4 – Upstream (photo 2 of 2)

Photo 5 – Northeast Abutment Downstream

Photo 6 – Southeast Abutment Downstream

Photo 7 – Southwest Abutment Upstream

WAGE DETERMINATION

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2015-5433 Daniel W. Simms Division of | Revision No.: 15 Director Wage Determinations| Date Of Last Revision: 06/06/2020 Note: Under Executive Order (EO) 13658 an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1 2015. If this contract is covered by the EO the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination if it is higher) for all hours spent performing on the contract in calendar year 2020. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

State: Colorado

Area: Colorado Counties of Alamosa Baca Bent Conejos Costilla Crowley Custer Huerfano Kiowa Las Animas Mineral Otero Prowers Rio Grande Saguache

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 14.38 01012 - Accounting Clerk II 16.14 01013 - Accounting Clerk III 18.06 01020 - Administrative Assistant 22.17 01035 - Court Reporter 17.82 01041 - Customer Service Representative I 13.23 01042 - Customer Service Representative II 14.88 01043 - Customer Service Representative III 16.24 01051 - Data Entry Operator I 12.61 01052 - Data Entry Operator II 13.76 01060 - Dispatcher Motor Vehicle 18.65 01070 - Document Preparation Clerk 14.18 01090 - Duplicating Machine Operator 14.18 01111 - General Clerk I 12.95 01112 - General Clerk II 14.14 01113 - General Clerk III 15.87 01120 - Housing Referral Assistant 19.86 01141 - Messenger Courier 11.56 01191 - Order Clerk I 15.07 01192 - Order Clerk II 16.45

01261 - Personnel Assistant (Employment) I 17.50 01262 - Personnel Assistant (Employment) II 19.58 01263 - Personnel Assistant (Employment) III 21.82 01270 - Production Control Clerk 21.48 01290 - Rental Clerk 13.56 01300 - Scheduler Maintenance 15.92 01311 - Secretary I 15.92 01312 - Secretary II 17.82 01313 - Secretary III 19.86 01320 - Service Order Dispatcher 17.03 01410 - Supply Technician 22.17 01420 - Survey Worker 14.35 01460 - Switchboard Operator/Receptionist 13.34 01531 - Travel Clerk I 12.41 01532 - Travel Clerk II 13.33 01533 - Travel Clerk III 14.07 01611 - Word Processor I 14.18 01612 - Word Processor II 15.92 01613 - Word Processor III 17.82 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer Fiberglass 18.17 05010 - Automotive Electrician 20.69 05040 - Automotive Glass Installer 18.99 05070 - Automotive Worker 18.99 05110 - Mobile Equipment Servicer 15.65 05130 - Motor Equipment Metal Mechanic 20.69 05160 - Motor Equipment Metal Worker 18.99 05190 - Motor Vehicle Mechanic 18.88 05220 - Motor Vehicle Mechanic Helper 14.74 05250 - Motor Vehicle Upholstery Worker 18.68 05280 - Motor Vehicle Wrecker 18.99 05310 - Painter Automotive 20.09 05340 - Radiator Repair Specialist 18.99 05370 - Tire Repairer 13.54 05400 - Transmission Repair Specialist 18.81 07000 - Food Preparation And Service Occupations 07010 - Baker 17.78 07041 - Cook I 12.63 07042 - Cook II 14.63 07070 - Dishwasher 11.34 07130 - Food Service Worker 11.81 07210 - Meat Cutter 14.92 07260 - Waiter/Waitress 10.64 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 22.70 09040 - Furniture Handler 14.64 09080 - Furniture Refinisher 22.70 09090 - Furniture Refinisher Helper 17.54 09110 - Furniture Repairer Minor 20.58 09130 - Upholsterer 22.70 11000 - General Services And Support Occupations 11030 - Cleaner Vehicles 11.91 11060 - Elevator Operator 12.75 11090 - Gardener 19.73 11122 - Housekeeping Aide 12.75 11150 - Janitor 12.75 11210 - Laborer Grounds Maintenance 15.16 11240 - Maid or Houseman 11.70 11260 - Pruner 14.03 11270 - Tractor Operator 18.16 11330 - Trail Maintenance Worker 15.16 11360 - Window Cleaner 13.78 12000 - Health Occupations

12010 - Ambulance Driver 17.99 12011 - Breath Alcohol Technician 19.39 12012 - Certified Occupational Therapist Assistant 26.59 12015 - Certified Physical Therapist Assistant 28.30 12020 - Dental Assistant 16.07 12025 - Dental Hygienist 39.70 12030 - EKG Technician 29.37 12035 - Electroneurodiagnostic Technologist 29.37 12040 - Emergency Medical Technician 17.99 12071 - Licensed Practical Nurse I 17.32 12072 - Licensed Practical Nurse II 19.39 12073 - Licensed Practical Nurse III 21.61 12100 - Medical Assistant 14.87 12130 - Medical Laboratory Technician 25.53 12160 - Medical Record Clerk 16.30 12190 - Medical Record Technician 18.24 12195 - Medical Transcriptionist 17.32 12210 - Nuclear Medicine Technologist 42.59 12221 - Nursing Assistant I 11.61 12222 - Nursing Assistant II 13.05 12223 - Nursing Assistant III 14.24 12224 - Nursing Assistant IV 15.98 12235 - Optical Dispenser 16.30 12236 - Optical Technician 17.32 12250 - Pharmacy Technician 15.97 12280 - Phlebotomist 16.05 12305 - Radiologic Technologist 29.69 12311 - Registered Nurse I 23.56 12312 - Registered Nurse II 28.83 12313 - Registered Nurse II Specialist 28.83 12314 - Registered Nurse III 34.88 12315 - Registered Nurse III Anesthetist 34.88 12316 - Registered Nurse IV 41.79 12317 - Scheduler (Drug and Alcohol Testing) 24.01 12320 - Substance Abuse Treatment Counselor 24.73 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 18.97 13012 - Exhibits Specialist II 23.50 13013 - Exhibits Specialist III 28.73 13041 - Illustrator I 18.97 13042 - Illustrator II 23.50 13043 - Illustrator III 28.73 13047 - Librarian 26.02 13050 - Library Aide/Clerk 15.10 13054 - Library Information Technology Systems 23.50 Administrator 13058 - Library Technician 16.30 13061 - Media Specialist I 16.95 13062 - Media Specialist II 18.97 13063 - Media Specialist III 21.15 13071 - Photographer I 16.95 13072 - Photographer II 18.97 13073 - Photographer III 23.50 13074 - Photographer IV 28.73 13075 - Photographer V 34.77 13090 - Technical Order Library Clerk 15.88 13110 - Video Teleconference Technician 18.65 14000 - Information Technology Occupations 14041 - Computer Operator I 13.86 14042 - Computer Operator II 15.50 14043 - Computer Operator III 17.92 14044 - Computer Operator IV 19.93 14045 - Computer Operator V 22.07

14071 - Computer Programmer I (see 1) 16.10 14072 - Computer Programmer II (see 1) 19.95 14073 - Computer Programmer III (see 1) 24.40 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 26.06 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 13.86 14160 - Personal Computer Support Technician 19.93 14170 - System Support Specialist 22.07 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 26.06 15020 - Aircrew Training Devices Instructor (Rated) 31.53 15030 - Air Crew Training Devices Instructor (Pilot) 37.45 15050 - Computer Based Training Specialist / Instructor 26.06 15060 - Educational Technologist 25.37 15070 - Flight Instructor (Pilot) 37.45 15080 - Graphic Artist 28.48 15085 - Maintenance Test Pilot Fixed Jet/Prop 37.45 15086 - Maintenance Test Pilot Rotary Wing 37.45 15088 - Non-Maintenance Test/Co-Pilot 37.45 15090 - Technical Instructor 23.29 15095 - Technical Instructor/Course Developer 28.48 15110 - Test Proctor 19.43 15120 - Tutor 19.43 16000 - Laundry Dry-Cleaning Pressing And Related Occupations 16010 - Assembler 13.13 16030 - Counter Attendant 13.13 16040 - Dry Cleaner 15.02 16070 - Finisher Flatwork Machine 13.13 16090 - Presser Hand 13.13 16110 - Presser Machine Drycleaning 13.13 16130 - Presser Machine Shirts 13.13 16160 - Presser Machine Wearing Apparel Laundry 13.13 16190 - Sewing Machine Operator 15.65 16220 - Tailor 16.28 16250 - Washer Machine 13.76 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 23.55 19040 - Tool And Die Maker 29.07 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 14.59 21030 - Material Coordinator 21.48 21040 - Material Expediter 21.48 21050 - Material Handling Laborer 14.60 21071 - Order Filler 13.00 21080 - Production Line Worker (Food Processing) 14.59 21110 - Shipping Packer 15.00 21130 - Shipping/Receiving Clerk 15.00 21140 - Store Worker I 13.19 21150 - Stock Clerk 16.65 21210 - Tools And Parts Attendant 14.59…