W912PP22Q0022.pdf

SEE ADDENDUM

(No Collect Calls)

W912PP22Q0022

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

05:00 PM 22 Apr 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

12-Apr-2022

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

ROBERT J MCPHERREN

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.

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 OF115

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.

W912PP22Q0022

Section SF 1449 - CONTINUATION SHEET

SUBMISSION INSTRUCTIONS

Please submit offers to Robert McPherren via e-mail at robert.j.mcpherren@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:

Unique Entity ID Number: ______________________ Federal Tax ID Number: ______________________

CAGE Code: ______________________ http://www.sam.gov/

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Tinidad Vegetation 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

0002 1 Job OPTION Option Year 1

FFP

0003 1 Job OPTION Option Year 2

0004 1 Job OPTION Option Year 3

0005 1 Job OPTION Option Year 4

PERFORMANCE WORK STATEMENT (PWS)

FY22 Trinidad Dam Vegetation Removal Via Herbicide Application

PART 1

GENERAL INFORMATION

1.1 This is a non-personal services contract to provide application of herbicides for trees, shrubs and grasses at the Trinidad Dam for a base year with an additional 4 option years. 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 vegetation removal via herbicide application for the Trinidad Dam as defined in this Performance Work Statement (PWS) 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” (August 2020).

The dam may contain vegetation that may include, but not be limited to the following:

- Salt cedar (Tamarix spp.)

- Kochia (Bassia scoparia)

- Siberian Elm (Ulmus pumila)

- Canada Thistle (Cirsium arvense)

- Tree of Heaven (Ailanthus altissima)

- Cottonwood (Populus deltoides subsp. wislizeni)

- Russian Olive (Elaeagnus angustifolia)

- Cocklebur (Xanthium strumarium)

- Ravenna Grass (Saccharum ravennae)

- Sunflower (Helianthus annuus)

- Rubber rabbitbrush or chamisa (Ericameria nauseosa)

- Russian Knapweed (Acroptilon repens)

- Perennial Pepperweed (Lepidium latifolium, L. draba)

- Tumbleweed or Russian thistle (Salsola tragus)

1.4 Objectives:

The objectives of this contract are as follows:

1) The project area is approximately 70 acres (Enclosure 1). All vegetation within the project area shall be eliminated within the project area via application of herbicides according to contract requirements outlined in section 5 of this PWS. Herbicides shall be applied twice per calendar year, once in the growing season (between April 15th and August 30th), and once in the dormant season (after the first hard-freeze between October 1st and December 31st), with dates being mutually decided upon by the POCs with USACE and the contractor.

2) The contractor shall quantify and report the total volume or mass of each active ingredient of herbicide applied per calendar year.

3) The contractor shall develop and submit a Pesticide Management Plan prior to receiving Notice to Proceed. An updated Pesticide Management Plan shall be resubmitted annually by

15 January of each calendar year, in accordance with Technical Exhibit 3 of this PWS.

1.5 Scope: Services include treatment of vegetation via the application of herbicides in the areas depicted in Enclosure 1. Specific tasks are described in Part 5 of this PWS. USACE shall mark and provide the coordinates for the boundary areas as well as provide all requirements of the work.

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 in accordance with the terms of this contract. 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 Juneteenth

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 requiring 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. 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.

http://jko.jten.mil/courses/atl1/launch.html%3B

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.

http://www.iad.gov/ioss/ http://www.iad.gov/ioss/ http://www.cdse.edu/catalog/operations-http://www.uscis.gov/e-verify

1.17 Key Personnel: The following personnel are considered key personnel by the Government: Kim Falen, Trinidad Dam 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 privity 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 they meet 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 Alternative Contracting Officer’s Representative AFARS Army Federal Acquisition Regulations 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 NTP Notice to Proceed 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 ITEMS 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. Water for the formulation of pesticides is accessible and bathrooms are 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 herbicide and water for performance of this contract requirement.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.1 Contractor Furnished Items and Services:

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 and equipment necessary to fulfill the requirements of this

PWS.

PART 5: SPECIFIC TASKS

The Contractor shall provide all personnel, equipment, supplies, materials, facilities, transportation, tools, supervision, and any other items and non-personal services necessary to perform the application of herbicides in the designated areas at Trinidad Dam.

5.1 Base Task 1: Project Management and the Development of Project-Specific Plans

5.1.1 Pre-construction Meeting

The Contractor shall coordinate and conduct a pre-construction meeting with the Project Office prior to commencing on-site activities. Project boundaries shall be reviewed with the on-site POC at the time of the pre-construction meeting. An environmental briefing shall be included in the preconstruction meeting. Provide the following information: types, quantities, and use of hazardous materials that will be brought onto the installation and types and quantities of wastes/wastewater that may be generated during the Contract.

5.1.2 Environmental Protection Plan

Prior to initiating any on-site work, the Contractor shall submit an Environmental Protection Plan (EPP) within 60 days after contract award and not less than 30 days before the pre-construction meeting. The purpose of the EPP is to present an overview of known or potential environmental issues that must be considered and addressed during construction.

The Contractor shall revise the EPP throughout the project to include any reporting requirements, changes in site conditions, or contract modifications that change the project scope of work in a way that could have an environmental impact. No requirement in this section will relieve the Contractor of any applicable federal, state, and local environmental protection laws and regulations. During Construction, the Contractor shall identify, implement, and submit for approval any additional requirements to be included in the EPP. A current version of the EPP shall be readily available onsite.

The EPP shall include, but is not limited to, the following elements:

A) General Overview and Purpose: A brief description of each specific plan required by environmental permit or elsewhere in this Contract such as stormwater pollution prevention plan, spill control plan, solid waste management plan, wastewater management plan, air pollution control plan, contaminant prevention plan, pesticide treatment plan, traffic control plan, etc.

B) Duties: The duties and level of authority assigned to the person(s) on the job site who will oversee environmental compliance, such as who is responsible for adherence to the EPP, who is responsible for spill cleanup and training personnel on spill response procedures, who is responsible for manifesting hazardous waste to be removed from the site (if applicable), and who is responsible for training the Contractor's environmental protection personnel.

C) Procedures: Standard and project-specific operating procedures that will be used to effectively manage and protect the environment on the project site.

D) Communication: Describe the communication and training procedures that will be used to convey environmental management requirements to Contractor employees and subcontractors.

E) Contact Information: Emergency contact information contact information (office phone number, cell phone number, and e-mail address).

F) Maps and plans: Develop maps and plans that document the locations of proposed temporary excavations or embankments for haul roads, stream crossings, jurisdictional wetlands, material storage areas, structures, sanitary facilities, storm drains and conveyances, and stockpiles of excess soil. Delineation of all activities in each portion of the area and identify the areas of limited use or nonuse.

G) Protection of Natural Resources: The Contractor shall describe measures to protect and mitigate impacts to land resources, landscape features, stream crossings, fish and wildlife resources, wetlands

H) Protection of Historical and Archaeological Resources: The Contractor shall describe measures to protect and mitigate impacts to historical and archaeological resources identified [insert map of areas off-limit due to cultural or archaeological resources].

I) Stormwater Management and Control: The Contractor shall describe the current ground cover and erodibility of soils on site. Temporary and permanent measures and structural practices to minimize surface water runoff and the subsequent mobilization of sediment during and following construction activities. The description of effective selection, implementation and maintenance of Best Management Practices (BMPs). [This section may be excluded if a site-specific Stormwater Pollution Prevention Plan is prepared.]

J) Protection of the Environment from Waste Derived from Contractor Operations: Describe practices to control and disposal of solid, sanitary, and hazardous waste. Control and disposal of hazardous waste. As a minimum, include the following: List of the types of hazardous wastes expected to be generated; procedures to ensure a written waste determination is made for appropriate wastes that are to be generated;

sampling/analysis plan, including laboratory method(s) that will be used for waste determinations and copies of relevant laboratory certifications; methods and proposed locations for hazardous waste accumulation/storage (that is, in tanks or containers); management procedures for storage, labeling, transportation, and disposal of waste (treatment of waste is not allowed unless specifically noted);

management procedures and regulatory documentation ensuring disposal of hazardous waste complies with Land Disposal Restrictions; management procedures for recyclable hazardous materials such as lead-acid batteries, used oil, and similar; used oil management procedures in accordance with 40 CFR 279; Hazardous waste minimization procedures; plans for the disposal of hazardous waste by permitted facilities; and Procedures to be employed to ensure required employee training records are maintained.

K) Prevention of Releases to the Environment: Describe procedures to prevent releases to the environment. Include a process of notifications in the event of a release to the environment.

L) Regulatory Notification and Permits: List what notifications and permit applications must be made. Some permits require many days to obtain. Demonstrate that those permits have been obtained or applied for by including copies of applicable environmental permits. The EPP will not be approved until the permits have been obtained.

M) Air Pollution-engineering Processes: Identify planned air pollution-generating processes and management control measures (including, but not limited to, spray painting, abrasive blasting, demolition, material handling, fugitive dust, and fugitive emissions). Log hours of operations and track quantities of materials used.

N) Compliant Materials: Provide the Government a list of and SDSs for all hazardous materials proposed for use on site. Materials must be compliant with all Clean Air Act regulations for emissions including solvent and volatile organic compound contents, and applicable National Emission Standards for Hazardous Air Pollutants requirements. The Government may alter or limit use of specific materials as needed to meet installation permit requirements for emissions.

Prior to start of any onsite construction activities, perform a Preconstruction Survey of the project site with the Contracting Officer, and take photographs showing existing environmental conditions in and adjacent to the site.

Submit a report for the record. Include in the report a plan describing the features requiring protection under the provisions of the Contract Clauses, which are not specifically identified on the drawings as environmental features requiring protection along with the condition of trees, shrubs and grassed areas immediately adjacent to the site of work and adjacent to the Contractor's assigned storage area and access route(s), as applicable. The Contractor and the Contracting Officer will sign this survey report upon mutual agreement regarding its accuracy and completeness. Protect those environmental features included in the survey report and any indicated on the drawings, regardless of interference that their preservation may cause to the work under the Contract.

5.1.3 Construction Submittals

5.1.3.1 Pre-Construction Submittals

The Contractor shall provide/submit the following Submittals:

Pesticide Treatment Plan: Within 60 days of the contract award, the Contractor shall prepare a Pesticide Treatment Plan and submit the plan to the Contracting Officer, POC, and ECG-E staff member of the Environmental Engineering section for approval (see Technical Exhibit 3). 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.

Contractor must supply the agency with list of herbicide required at least 30 days prior to scheduled herbicide application.

Comply with 40 CFR 152-189, state, regional, and local pest management record-keeping and reporting requirements as well as any additional Project Office specific requirements in conformance with Section 5-4 "Program requirements" for data required to be reported to the Installation is required.

5.1.3.2 Post-Construction Submittals

Prior to contract close out, the Contractor shall provide/submit the following submittals:

Quantity (volume/weight) of pesticides applied by calendar year. [For applications that require authorization under the NPDES Pesticide General Permit, the Contractor shall report total quantity applied and the quantity applied to WOTUS.]

5.2 Base Task 3: Pesticide Application

5.3.2 Pesticide Delivery, Storage and Handling

Delivery and Storage: Deliver pesticides 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. Pesticides shall be stored with secondary containment to minimize impacts of a faulty container. The Contractor shall evaluate the compatibility between products, and store separately if needed.

Handling Requirements: Formulate, treat with, and dispose of pesticides and associated containers in accordance with label directions and use the clothing and personal protective equipment specified on the labeling for use during each phase of the application. Furnish SDSs for pesticide products.

5.3.3 Application

5.3.3.1 General Best Management Practices

Applied pesticides shall be applied using a state-certified pesticide applicator in accordance with U.S. EPA approved label restrictions and recommendation. The certified applicator must wear clothing and personal protective equipment as specified on the pesticide label. Overflow of equipment is prohibited. Daily inspection of equipment for leaks, clogging, wear, or damage and repair prior to application of pesticide is required.

5.3.3.2 Application Methods

The Contractor shall determine the appropriate pesticide mixture (based on the vegetation type, the time of year, as well as efficacy). Applications within 50 feet of all observed surface water or those below the Ordinary High-Water Mark (OHWM) at Trinidad Dam (Elevation 6200.53’ in NAVD 88) shall be conducted with an aquatic approved pesticide.

Targeted herbicide treatment shall occur via bipedal and/or backpack sprayers, unless approved by the Contracting Officer. All motorized vehicles shall stay on established roads.

The contractor shall use dye so areas sprayed may be visible and to minimize overapplication.

5.3.7 Frequency of Application

The project area shall be treated twice during the growing season. Herbicides shall be applied twice per calendar year, once in the growing season (between April 1st and August 30th), and once in the dormant season (after the first hard-freeze between October 1st and December 31st), with dates being mutually decided upon by the POCs with USACE and the contractor.

5.3.8 Monitoring of efficacy

The Contractor shall contact the POC within 20 days after completion of the pesticide treatment. A joint inspection of treated areas will be conducted to determine performance. If treatment requirements are met and application documentation required 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 an invoice for the original application.

5.3.8 Reporting

The Contractor shall document daily pesticide application activities, and report to the POC daily. The Contractor shall report the total area and quantity of active ingredient applied per calendar year.

PART 6: BEST MANAGEMENT PRACTICES

Best Management Practices (BMPs) shall be incorporated into plans and implemented throughout the project:

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) All wastewater shall be managed in accordance Federal, State, Regional and Local laws and regulations.

d) In the case that any non-native soils, discolored soil, soil with an odor, or any debris are discovered, stop work immediately and notify [Insert ECG-E staff name and contact info] from the District Office, Environmental Engineering Section. If the material is determined to be free of contamination and unregulated, work will proceed without change.

e) 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".

f) 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.

g) 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.

h) 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.

i) 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.

j) 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.

PART 7

APPLICABLE PUBLICATIONS

7.1 Applicable Publications (Current Editions):

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

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

PART 8

TECHNICAL EXHIBIT LISTING

8.1Technical Exhibit 1 - Performance Requirements Summary

8.2 Technical Exhibit 2 – Base Tasks Deliverable Schedule

8.3 Technical Exhibit 3 – Optional Tasks Deliverable Schedule

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, Base Task 3:

Herbicide Application

The Contractor provided 100% pesticide coverage and the Trinidad Dam QA confirmed the vegetation is killed within project boundaries as shown on Enclosure 1.

The Contractor killed 100% of vegetation within project boundaries.

The POC shall provide periodic surveillance on site for compliance.

TECHNICAL EXHIBIT 2

BASE TASKS DELIVERABLES SCHEDULE

Deliverable Frequency # of

Copies Medium/Form at Submit To

Environmental Protection Plan;

Prior to Pre- Construction

Meeting

One Copy

Via e-mail Bernadine Cisneros Bernadine.B.Cisneros@usace.army.mil

Robin Henry Robin.G.Henry@usace.army.mil

Assembled Employee Training Records;

Prior to Pre- Construction

Meeting

One Copy

Via e-mail Bernadine Cisneros Bernadine.B.Cisneros@usace.army.mil mailto:Bernadine.B.Cisneros@usace.army.mil mailto:Robin.G.Henry@usace.army.mil

TECHNICAL EXHIBIT 3

OPTIONAL TASKS DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Form at Submit To

Pesticide Management

Plan and annual pesticide report (For above the

OHMW)

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

One copy Via e-mail Bernadine Cisneros Bernadine.B.Cisneros@usace.army.mil

Pesticide Management

Plan and annual pesticide report (For below the

OHMW)

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

One copy (1)

Via e-mail and hard copy

Bernadine Cisneros Bernadine.B.Cisneros@usace.army.mil

Daily logs of Pesticide

Application

Provide log weekly

One copy (1)

Via e-mail and hard copy

Bernadine Cisneros Bernadine.B.Cisneros@usace.army.mil mailto:Bernadine.B.Cisneros@usace.army.mil mailto:Robin.G.Henry@usace.army.mil

Enclosure 1.

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.: 21 Director Wage Determinations| Date Of Last Revision: 03/15/2022

Note: Contracts subject to the Service Contract Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

|If the contract is entered into on or |With certain exceptions Executive Order | |after January 30 2022 or the |14026 applies to the contract. | |contract is renewed or extended (e.g. |The contractor must pay all covered workers | |an option is exercised) on or after |at least $15.00 per hour (or the applicable | |January 30 2022: |wage rate listed on this wage determination| | |if it is higher) for all hours spent | | |performing on the contract in 2022. | |If the contract was awarded on or |With certain exceptions Executive Order | |between January 1 2015 and January 29|13658 applies to the contract. | |2022 and the contract is not renewed |The contractor must pay all covered workers | |or extended on or after January 30 |at least $11.25 per hour (or the applicable | |2022: |wage rate listed on this wage determination| | |if it is higher) for all hours spent | | |performing on the contract in 2022. |

The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts.

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 14.88*** 01012 - Accounting Clerk II 16.71 01013 - Accounting Clerk III 18.68 01020 - Administrative Assistant 22.95 01035 - Court Reporter 17.94 01041 - Customer Service Representative I 13.32*** 01042 - Customer Service Representative II 14.88*** 01043 - Customer Service Representative III 16.33 01051 - Data Entry Operator I 13.50***

01052 - Data Entry Operator II 14.73*** 01060 - Dispatcher Motor Vehicle 19.91 01070 - Document Preparation Clerk 14.28*** 01090 - Duplicating Machine Operator 14.28*** 01111 - General Clerk I 12.98*** 01112 - General Clerk II 14.16*** 01113 - General Clerk III 15.91 01120 - Housing Referral Assistant 19.99 01141 -…