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SEE ADDENDUM
(No Collect Calls)
W912QR23Q0043
b. TELEPHONE NUMBER
502.315.7494
8. OFFER DUE DATE/LOCAL TIME
01:00 PM 25 Apr 2023
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
11-Apr-2023
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W912QR9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
KELSEY N MEGILL
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
W22W9K30348683
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
U. S. ARMY ENGINEER DISTRICT, LOUISVILLE
600 DR. MARTIN LUTHER KING, JR. PLACE
ROOM 821
LOUISVILLE KY 40202-2239
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 H0P0000 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
CONTRACTING DIRECTORATE
550 MAIN STREET
CINCINNATI OH 45201-3222
TEL: FAX:
FAX:
TEL: 502.315.7494 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$8,500,000
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 OF49
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.
W912QR23Q0043
Section SF 1449 - CONTINUATION SHEET
SPECIAL INSTRUCTIONS
The Contractor shall furnish all necessary management, materials, supplies, tools, equipment, fuel, and vehicles, except as otherwise providedherein, required toperform herbicide application services at William H. Harsha Lake in Batavia, OH, as specifed and in strict accordance with all Terms, Conditions, General, Specific and Technical Privisions, Drawings, Attachments, Exhibits, etc., contained herein or incorporated by reference. The Contractor’s work and responsibility shall include all planning, programming, administration, management, supervision, communications and inspection necessary to assure that all services are conducted in accordance with the contract requirements and all applicable Federal, State, and local laws and regulations.
This solicitation contains option clauses to extend the awarded contract for up to four (4) additional one-year periods. The one-year option years are as follows:
Option Year 1: 01 January 2024 through 31 December 2024 Option Year 2: 01 January 2025 through 31 December 2025 Option Year 3: 01 January 2026 through 31 December 2026 Option Year 4: 01 January 2027 through 31 December 2027
LOCATION:
William H Harsha Lake 2185 Slade Rd Batavia, OH 45103
The contract award will be based on Low Price to the Government.
One award will be made from this RFQ. This contract type is a Firm Fixed Priced, Indefinite Delivery Indefinite Quantity (IDIQ). The minimum guarantee for the Base Year is $10,000.00. There is no guaranteed minimum for the option periods, if exercised.
This procurement is 100% set-aside for Small Business, NAICS 561730 ($9.5M).
Method of Payment under this contract will be Electronic Funds Transfer (EFT) to a commercial bank account specified by the Contractor.
Quotes will not be accepted for quantities less than the quantities specified in the price breakout schedule. Failure to submit a unit price for all items listed (base year and option years) will be considered as a material deviation from the requirements of the RFQ and the quote will be rejected. Offerors should complete the price breakout schedule within this solicitation.
The solicitation will be available online only. Telephone and FAX requests for this solicitation will not be honored.
Project files are Portable Document Format (PDF) files and can be viewed, navigated, or printed using Adobe Acrobat Reader. To download the solicitation for this project, contractors are required to register at www.SAM.gov.
Amendments will be available from the SAM website by download only. Downloads are available only through the www.SAM.gov website.
Quotes are due at the time and date listed in Box 8 above. Faxed, telephoned, or mailed quotes will not be accepted.
Electronic submittals will be accepted and may be emailed to Kelsey Megill at kelsey.n.megill@usace.army.mil.
Interested contractors are highly encouraged to schedule a Site Visit. Site visits may be scheduled prior to the due date for submitting proposals by contracting Samatha Ferrarelli at (513) 797-6081.
All contractors must be registered in the System for Award Management (www.SAM.gov) prior to submission of a quote. All proposed contractors are highly encouraged to review FAR Clause 52.232-33 Payments by Electronic Funds Transfer – System for Award Management, which indicates “All payments by the Government under this contract shall be made by electronic funds transfer (EFT).” Those not currently registered can obtain registration by going to the website http://www.SAM.gov. Contractors will need to obtain a Unique Entity Identifier
(formerly DUNS number) for processing their registration. If you do not already have a Unique Entity Identifier, one can be obtained from http://www.SAM.gov. Refer to www.SAM.gov for information formerly found in CCR, EPLS, ORCA and FedReg.
ALERT: You must submit a notarized letter appointing the authorized Entity Administrator before your registration will be activated. This requirement now applies to both new and existing entities. Effective 29 April 2018, the notarized letter process is now mandatory on all CURRENT registrants at SAM who have a requirement to update data on their SAM record. The notarized letter is mandatory and is required before the GSA Federal Service Desk (FSD) will activate the entity's registration.
Effective 29 June 2018, vendors creating or updating their registration can have their registration activated prior to the approval of the required notarized letter. However, the signed copy of the notarized letter must be sent to the GSA Federal Service Desk (FSD) with 30 days of activation or the vendor risks no longer being active in SAM.
PLEASE NOTE: SAM is completely free of charge for both registrants and users.
For contractual/technical questions, please contact Kelsey Megill at kelsey.n.megill@usace.army.mil.
Note: Page numbering in this document may not be accurate.
PRICE BREAKOUT
LINE ITEMS 0001 THRU 0004 ARE PRICES FOR THE BASE YEAR
Date of award THRU 31 DECEMBER 2023
ITEM
No.
WORK ITEM DESCRIPTION
EST.
QTY
U/I
UNIT
PRICE
AMOUNT
FRM Total Eradication Spraying
JB
FRM Broadleaf Spraying
FRM Brush Control
0004 REC Total Eradication
1 JB
TOTAL FOR Calendar Year 2023 (Base Year)
LINE ITEMS 0005 THRU 0006 ARE PRICES FOR THE FIRST OPTION
YEAR 01 JANUARY 2024 THROUGH 31 DECEMBER 2024
REC Total Eradication
TOTAL FOR Calendar Year 2024 (Option Year 1)
LINE ITEMS 0007 THRU 0010 ARE PRICES FOR THE SECOND OPTION YEAR
01 JANUARY 2025 THRU 31 DECEMBER 2025
0010 REC Total Eradication
TOTAL FOR Calendar Year 2025 (Option Year 2)
LINE ITEMS 0011 THRU 0012 ARE PRICES FOR THE THIRD OPTION YEAR
01 JANUARY 2026 THROUGH 31 DECEMBER 2026
0012 REC Total Eradication Spraying 1 JB
TOTAL FOR Calendar Year 2026 (Option Year 3)
LINE ITEMS 0013 THRU 0016 ARE PRICES FOR THE FOURTH OPTION YEAR 01
JANUARY 2027 THROUGH 31 DECEMBER 2027
FRM Total Eradication Spraying
REC Total Eradication Spraying
TOTAL FOR Calendar Year 2027 (Option Year 4)
TOTAL FOR ALL OPTIONS (2024, 2025, 2026 and 2027) $
GRAND TOTAL FOR BASE YEAR (2023 AND
FOUR OPTION YEARS (2024, 2025, 2026 and 2027)
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job
0001 - FRM TOTAL ERADICATION SPRAYING
FFP
0001 - FRM TOTAL ERADICATION SPRAYING
FOB: Destination
MILSTRIP: W22W9K30348683
PURCHASE REQUEST NUMBER: W22W9K30348683
PSC CD: S208
NET AMT
0002 1 Job
0002 - FRM BROADLEAF SPRAYING
FFP
0002 - FRM BROADLEAF SPRAYING
FOB: Destination
MILSTRIP: W22W9K30348683
0003 1 Job
0003 - FRM BRUSH CONTROL SPRAYING
FFP
0003 - FRM BRUSH CONTROL SPRAYING
FOB: Destination
MILSTRIP: W22W9K30348683
0004 1 Job
0004 - REC TOTAL ERADICATION SPRAYING
FFP
0004 - REC TOTAL ERADICATION SPRAYING
FOB: Destination
MILSTRIP: W22W9K30348683
REPS & CERTS
COMPANY NAME AND ADDRESS: _______________________________________
PHONE NUMBER ________________ FAX NUMBER ________________
EMAIL ADDRESS
BUSINESS SIZE (select one) Large Business _____ Small Business_____ HUBZone Business_____ 8A _____ Woman-Owned ____ Service-Disabled Veteran-Owned ____ Contractor is registered with System for Award Management (SAM): _____ YES _____ NO (See FAR 52.204-7) INDICATE UNIQUE ENTITY IDENTIFIER (formerly DUNS No.). ___________________ (Note: See FAR 52.204-7. (The Unique Entity Identifier is a 12 character alphanumeric code.)
CAGE NO. _____________
PWS
PROJECT INFORMATION. William H. Harsha Lake is a flood control lake located in Batavia, Ohio, Clermont County.
SCOPE OF PERFORMANCE. The Contractor shall provide all personnel, materials, supplies, parts, tools, equipment, vehicles, transportation, communication, management, supervision, and quality control required to perform the specified Herbicide and Broadleaf applications William H. Harsha Lake. The specified services shall be performed in strict accordance with these specifications and exhibits, and all other terms, conditions, clauses and provisions contained herein or incorporated by reference. This includes all mandatory provisions of the Federal Acquisition Regulation (FAR), whether referenced or not, current at time of award. The base contract term shall be from the date of award through 31 December 2023, unless terminated earlier for cause or extended by the Government for up to four (4) additional one-year option periods. The Contractor’s performance and responsibility shall include all planning, programming, administration, management, supervision, communications and inspection necessary to assure that all services are conducted in accordance with the contract requirements and all applicable Federal, State and local laws and regulations. The Contractor is required to attend a pre-performance meeting to be scheduled by the Technical Point of Contact (TPOC).
It is emphasized that the work described in this contract is a critical part of the Corps mission. The work described will be performed in a public recreation area. The Corps is committed to "Customer Care" and providing quality professional service.
WORKING HOURS.
1) Normal Working Hours. Normal working hours, except as otherwise specified herein, shall be Monday through Friday, 7:00 a.m. to 3:30 p.m. or as specified on the Task Order. Performance inside Government buildings or other secured areas shall be performed during the above referenced work hours. Work that interferes with other ongoing functions at the project shall be scheduled around normal working hours, as specified by the Technical Point of Contact (TPOC). Refer to individual sections of this specification for specific schedules of work.
2) Inclement Weather. The Contractor shall maintain the schedule of services regardless of inclement weather. Exceptions may be approved by the TPOC when severe conditions make it impractical or dangerous. The KO will notify the Contractor, by modification to the Task Order, of any change that extends the performance period due to inclement weather.
Required Security Training and Planning
1) General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measure. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures—this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.
2) Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures.
Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.
3) Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say Something):
All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.
4) Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.
5) SUPPLEMENTAL SECURITY REQUIREMENTS
All Contractors and subcontractor employee(s) working on this contract who require access to any Louisville District Lake Projects and Lock and Dam Projects shall receive authorization to be on site at these facilities based upon a favorable background investigation in accordance with “Homeland Security Presidential Directive 12:
Policy for a Common Identification Standard for Federal Employees and Contractors” (HSPD 12). The Louisville District Security Management Office shall submit contractor(s) personal information to complete the basic background investigation in order to make a recommendation to the Contracting Office of an employee’s suitability for work on Government property. The Procuring Contracting Officer (PCO) has the right to deny any contractor or subcontractor employee from working on the contract based upon the results of the background investigation provided by the Louisville District Security Office. The Government, Contractor, and subcontractors shall not permit any employee(s) access to drawings, blueprints, records, photos, sites, or projects until the Louisville District Security Management Office has completed an Operations Security (OPSEC) review of such items and determined they can be released.
FOR ALL LOUISVILLE DISTRICT CONTRACTS:
Contractors shall submit a complete investigation packet for each contractor and subcontractor employee to the Louisville District Security Management office within 10 working days after award of any contract, or prior to the individual being permitted access to Louisville District facilities.
The Contractor must also provide the following: (1) Name of the Contract Specialist with whom he/she is working,
(2) Project Name, (3) Contract Number (4) Task Order Number when applicable, and (5) US Citizens Security Access Form or Pre-Bid/Site Visit Form; each employee working on site must have a background investigation form submitted directly to the Louisville District Security Office.
The Contractor must provide a full legal name, complete SSN#, Date of Birth, Place of Birth (City and State) and Driver’s license number if available. It is the Contractor’s responsibility to ensure the above information is accurate and legible, otherwise delays may occur.
Contractors shall have background checks completed for their employees annually in the case of Contracts with an initial period of performance (POP) greater than 1 year and those Contracts with Options or Modifications Which Extend the POP beyond 1 year. For instance, if the employee was cleared in May of 2022, they shall be cleared again in May of 2023. It is the Contractor’s responsibility to ensure that each employee’s security is up to date. Failure to comply may lead to possible removal from the project/jobsite.
The Contractor must ensure if new employees are brought in to work on an existing Contract with the U.S. Army Corps of Engineers (USACE), they must process the employee through the Louisville District USACE Security Office for background purposes.
FOR CONTRACTORS REQUIRING DOD COMMON ACCESS CARDS (CAC)
The documents listed below are required:
SF 85, Questionnaire for Non-Sensitive Positions (see http://www.opm.gov/forms/ to print form). Fingerprints are captured electronically at the closest Army Recruiting Station to the contractor’s home of record or at the USACE, Louisville District Security Office.
Contractor shall report any changes in personnel, or at any time conditions change at least 5 working days prior to individual(s) need to have access to the site. The Contractor shall provide the same information as listed above for all new employees.
Following submission of paperwork, the Louisville District Security Office will conduct an initial criminal check based upon the information provided. If there are no issues, the Louisville District Security Office will make recommendations to the PCO or their Designated Representative. The Louisville District Security Office cannot give approval due to unfavorable report(s). The Louisville District Security Office shall coordinate with Office of Counsel and will jointly make recommendations to the PCO and/or the Designated Representative should a background investigation come back with derogatory information. The PCO will make the determination whether to allow the Contractor personnel to work on the site based on Security and Office of Counsel recommendations, and the PCO will advise the Contractor of the decision.
FOREIGN NATIONALS
The Contractor shall provide the package listed above, as well as additional materials noted below for all Foreign Nationals. The Contractor is to expect additional time in the approval process for all Foreign Nationals due to the level of review and elevation of the review to Headquarters staff to complete. All Foreign Nationals must comply with the following paragraph:
In accordance with Engineering Regulation 380-1-18, “Technology Transfer, Disclosure of Information and Contacts with Foreign Representatives” dated 1 August 1996, Section 4, all foreign nationals who work on Corps of Engineers’ contracts shall be approved by the Headquarters US Army Corps of Engineers (HQ USACE) Foreign Disclosure Officer before beginning work on this contract; this regulation includes subcontractor employees.
The Contractor shall submit to the Security Management Office, the names of all foreign nationals proposed for performance under this contract, along with documentation to verify legal admittance into the United States.
Such documentation shall include at least one of the following: a U.S. passport, Certificate of U.S. Citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), Alien Registration Card with photograph (INS Form I-151 or I-551), Employment Authorization Card (INS Form I-688A), etc.
In order to assure forms are properly completed, and to minimize time delays, the Contractor is encouraged to work closely with the Louisville District Security Office. The Government will return for correction incomplete forms, illegible forms, etc. which will delay the contractor / subcontractor from beginning work.
Security requirements are subject to change in accordance with HSPD-12, Office of Personnel Management, regulation or policy changes, etc. The Government shall add any changes to security requirements by modification to the contract.
The Contractor shall contact the Louisville District Security Office by phone, letter, or email at the following numbers/addresses:
CELRL-SC
600 Martin Luther King Jr. Pl Louisville, KY 40202
Charles R. Tanner, phone (502) 315-6929; email Charles.R.Tanner@usace.army.mil James R. Milner, phone (502) 315-6916; email James.R.Milner@usace.army.mil Jason Almodovar, phone (502) 315-6754; email Jason.Almodovar@usace.army.mil
MINIMUM PERSONNEL QUALIFICATIONS.
1) General. Employees, technical personnel, and consultants shall have the education, experience, or knowledge, as evidenced by license, certificate, or diploma, etc., to provide a comprehensive understanding of the systems and components to be serviced, operated, and maintained under this contract. A commercial driver’s license (CDL) will be required to operate certain large trucks, to pull trailers and operate other vehicles as required by the Commercial Vehicle Safety Act of 1986. Only properly trained and qualified employees shall be used in the performance of this contract. All employees shall be subject to such Government or other applicable regulations that are applicable during the time spent on Government property.
2) Management. The business owner or upper management shall have a minimum of 3 years’ experience in mowing, cleaning, and herbicide application, 3 years’ experience managing such services, or a combination of both. Personnel performing herbicide application services shall be certified as an applicator in accordance with Ohio State Law, Indiana State Law, the Ohio Department of Agriculture and Indiana State Department of Agriculture. The required categories of certification are as follows:
i. ODA Core Pesticide Applicator License
ii. Category 5. Industrial Vegetation
iii. Category 6c. Ornamental Weed
SPECIFICATIONS FOR HERBICIDE AND BROADLEAF SERVICES CONTRACT AT WILLIAM H. HARSHA LAKE
C.10.1 Herbicide Spraying General Information. The Contractor shall provide all personnel, materials, supplies, parts, tools, equipment, vehicles, transportation, communication, management, supervision, and quality control required to perform the specified Herbicide and Broadleaf applications William H. Harsha Lake. The specified services shall be performed in strict accordance with these specifications and exhibits, and all other terms, conditions, clauses and provisions contained herein or incorporated by reference. This includes all mandatory provisions of the Federal Acquisition Regulation (FAR), whether referenced or not, current at time of award. The base contract term shall be from the date of award through 31 December 2023, unless terminated earlier for cause or extended by the Government for up to four (4) additional one-year option periods. The Contractor’s performance and responsibility shall include all planning, programming, administration, management, supervision, communications and inspection necessary to assure that all services are conducted in accordance with the contract requirements and all applicable Federal, State and local laws and regulations. The Contractor is required to attend a pre-performance meeting to be scheduled by the Technical Point of Contact (TPOC).
C.10.2 Application Plan: The contractor shall submit an electronic copy of an application plan. This plan shall outline as a minimum the types of herbicides, target pests, areas to be treated, application rates, hyperlinks to MSDS's and labels for each chemical to be used, scanned copies of applicator licenses, and a spill and contamination action plan. Additionally, the contractor shall certify in writing that all employees engaged in handling, mixing and spraying herbicides have read the MSDS's and that personal protective equipment as specified by the MSDS's will be provided to and worn by these persons. Further, one hard copy of the approved plan shall be provided that will include a signed statement by the contractor that this plan complies with all state, local and federal regulations. This plan shall be submitted for review and approval within 10 business days prior to the desired start of work. The Government reserves the right to deny use of any herbicide when a safer herbicide is available. Government acceptance of this plan in no way relieves the contractor of any liability for compliance with all Federal, State, and/or local regulations, should there be omissions/errors within said plan.
C.10.3 Herbicide Selection Procedure: The contractor is responsible for proposing the specific herbicides to be used to accomplish the vegetation control goals at each location, and will request prior approval from the TPOC for use of these herbicides in accordance with the application plan. These herbicides will be categorized by the Environmental Protection Agency (EPA) as “general use”, and will be appropriately labeled for specific application (i.e. aquatic label for use directly over water, ditch bank application, etc.). Herbicides used where spray mist could make contact with water must be registered for aquatic use. No restricted use herbicides are allowed. No herbicides can be used on Corps of Engineers property without prior approval from the TPOC. In addition, all carriers, colorants and adjutants must be non-toxic and registered for appropriate applications. To further increase rain-fastness and enhance performance, a surfactant shall be added per label instructions to all herbicide mixtures, with the exception of Round-up Pro.
C.10.4 Alternative Herbicides: At any time during the contract period, the contractor may submit a written request to apply alternative herbicides to those submitted in the initial quote. The Contracting Officer must receive submission of such a request a minimum of 15 business days in advance of the desired application date. This submission shall be electronic and shall include but not limited to, hyperlinks to an EPA product label, manufacturer’s catalog sheet or specification data sheet and material safety data sheet (MSDS), area to be treated, target pest, and reason for the choice must be submitted with the request. The request will be reviewed considering, as a minimum, relative effectiveness compared to the currently specified herbicide, toxicity and costs.
Total Eradication at the Sites Indicated: Furnish all equipment, materials, including herbicides, and labor necessary for the ground application of herbicide between 15 April and 15 June according to attached specifications (treatment No. 1), the dates may be adjusted by the TPOC due to weather conditions, or to insure leaf out of target plants. Examples of products to be used may include Sahara, Rodeo, Accord or equivalents such as Endurance or Pendelum, and applied in accordance with the label for total eradication. (for example: one possible equivalent is the following per acre mix - Rodeo at 1.5 gallons, Arsenal at 40 ounces, Escort at 1 ounce, Diuron 4L at 3 gallons, and surfactant at 2 quarts (except for the location on the Harsha Saddle Dam) in spray or backpack sprayer application on weeds, brush, and woody growth in rip rap and other areas as specified. The contractor will incorporate a colorant as approved by the Park Manager as a temporary colorant that will leave a clear indication of treated areas. All colorant treated herbicide solution will be applied in a uniform and accurate manner according to the manufacturers’ label and State license guidelines for the application site, it is anticipated that most sites will require an aquatic or ditch bank label.
Aquatic labeled herbicides such as Rodeo will be used for on all post emergent vegetation in all areas within 40 linear feet of open water or abutments. On Dams, Dikes, and other areas where treatment includes areas more than 40 linear feet away from water products such as Rodeo and Sahara will be used, and in areas within 40 feet of the water only Rodeo will be applied. Accord will be applied at the Saddle Dam site. The dates for Rodeo treatment may be adjusted by the TPOC separately to insure leaf out of target plants.
Products such as Sahara will be applied in treated areas to completely cover the ground per the application rate specified by the label. Products such as Rodeo will be applied in the treated areas on a spot treatment basis to all post emergent vegetation. The objective is treatment or prevention of all vegetation in the target areas.
C.10.5 Broadleaf Control at the Sites Indicated: Furnish all equipment, broadleaf control herbicide between 25 June and 31 July. The dates may be adjusted by the TPOC due to weather conditions, mowing schedules, or to insure the leaf out of target plants. Application dates may vary at each lake to coincide with the mowing schedule.
Examples of products to be used will include Escort EPA Registration #352-439 @ .05 gal/acre or Millenium Ultra @ .25 gal/acre or as label instructions or equivalent labels, in spray of backpack sprayer application on broadleaf growth in mow zones and other areas as specified. Broadleaf control application will only occur twice during the life of the contract for all sites the Initial year and 2nd Option year.
C.10.6 Woody Vegetation (Brush Control) Eradication at the Sites Indicated: Furnish all equipment, herbicide (treatment No. 1), the dates may be adjusted by the TPOC due to weather conditions, or to insure leaf out of target plants. Products to be used will include Garlon-4. The objective is eradicating the woody growth in the target areas. Sites are close to the lake and located on steep slopes at the entrance to the spillways.
All chemical are to be mixed, handled, applied, and disposed of in accordance with all manufacturers’ instructions and applicable State and Federal laws by a contractor possessing a valid Public Operators License for General Industrial Vegetation Application issued by the State of Ohio and the State of Indiana. Proof of this license must be in possession of the contractor and the applicator at all times while on the project and presented, upon request, to any employee, agent, or representative of the Corps of Engineers, the State of Ohio, State of Indiana or other agencies having jurisdiction. Additionally the contractor is required to avoid contact with any chemical agent used during the spraying operation as required by the manufactures label. This includes but is not limited to the use of appropriate gloves, clothing, shoes, face, eye & respiratory protection.
All spray spraying will be done in accordance with the manufacturer’s recommendations and applicable regulatory information available from the Ohio Department of Agriculture Division of Plant Industry and the equivalent State of Indiana Office. The contractor will spray on a spray to wet basis. No herbicide solution will be applied to any water surface or sprayed across streams to the opposite bank. The contractor will be responsible for traffic control of vehicles on public roadways adjacent to treatment areas with the use of warning devices and flag persons as needed. Flag persons must have high visibility safety vests and other appropriate equipment for traffic control. All treatment areas within or adjacent to public recreation sites will be posted appropriately for a minimum of 48 hours during and following treatment to notify users of the presence of the herbicide. Spraying will not take place on weekends unless approved by the TPOC.
Contractor is to guarantee total eradication of vegetation within 30 calendar days of treatment unless drought conditions limiting uptake of herbicides exist. Missed or skipped areas will be retreated immediately. Any new or regrowth that continues after treatment will be retreated in accordance with product labels between 20 June and 31 July, (treatment # 2) in accordance with the purchase order specifications, at no additional expense to the Government. Contractor will provide the TPOC a copy of the daily pesticide application records (ORD Form 1031 or a State approved form) upon completion of site treatment. This record will be provided to the TPOC no later than 2 calendar days after the treatment unless otherwise agreed to by the TPOC. Exception: The Saddle Dam at Harsha Lake is within ¼ mile of a municipal water supply intake and the application record for the Saddle Dam will be provided to the TPOC on the day of application.
SITE APPROXIMATE
TOTAL ACREAGE
VEGETATION OBJECTIVE & EXAMPLE PRODUCT
Main Dam (rip rap) 8.77 Eradication & Sahara & Rodeo
Main Dam (broadleaf) 21.7 Broadleaf Control & Escort or Millenium Ultra
Saddle Dam (rip rap)** 18.7 Eradication & Accord Saddle Dam (broadleaf) 23.8 Broadleaf Control & Escort or
Millenium Ultra Tailwater (rip rap) 1.57 Eradication & Rodeo Wastewater Treatment Plant (gravel) 0.6 Eradication & Rodeo Boat Ramp (rip rap) 0.5 Eradication & Rodeo Dike (rip rap) 1.72 Eradication & Rodeo Dike (broadleaf) 3.25 Broadleaf Control & Escort or
Millenium Ultra Spillway (brush control) 4.77 Brush Control & Garlon 4
TOTAL ERADICATION ACRES 31.86
TOTAL BROADLEAF ACRES 48.75
TOTAL BRUSH CONTROL ACRES 4.77
**This site is within ¼ mile of a municipal water supply intake any pesticide used must be labeled for application and applied in strict compliance with the manufacturer’s specifications and EPA regulations for use in the vicinity of potable water supply intake. Application record for the Saddle Dam will be provided to the TPOC on the day of application.
NOTE: Site visits are highly recommended so that accurate estimates of application areas can be determined by potential bidders. Rodeo application is to be SPOT TREATMENT ONLY. Square foot and acreage estimates are approximations of total areas where treatment will occur and are NOT representative of the total amount of spraying that may occur.
Index of Exhibits/Sections:
Exhibits Description Exhibit A Full Eradication Maps (1-5) Exhibit B Broadleaf Treatment Maps (5-8) Exhibit C Brush Control Treatment Maps (9) Exhibit D Sample Forms Exhibit E Sample Quality Control Plan Exhibit F Accident Prevention Plan/AHA Exhibit G Quality Assurance Plan Exhibit H Definitions of Selected Occupations Section L Instructions, Conditions, and Notices of Offerors
Full Eradication – Boat Ramp Rip Rap
0.5 Acres
MAP 3
Full Eradication – Tailwater Area Rip Rap
1.57 Acres
MAP 4
Full Eradication – Waste Water Treatment Plant
0.6 Acres
MAP 5
EXHIBIT B
BROADLEAF TREATMENT MAPS
5-8
Broadleaf Treatment – Main Dam
21.7 Acres
MAP 6
Broadleaf Treatment – Saddle Dam
33.8 Acres
MAP 7
Broadleaf Treatment – Dike
3.25 Acres
MAP 8
EXHIBIT C
BRUSH CONTROL TREATMENT MAPS
Brush Control Treatment – Spillway
4.77 Acres
MAP 9
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Products and
Commercial Services
MAR 2023
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
DEC 2022
52.216-18 Ordering AUG 2020 52.217-5 Evaluation Of Options JUL 1990 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
AUG 2018
52.237-1 Site Visit APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7005 Representation Relating to Compensation of Former DoD Officials
SEP 2022
252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
JAN 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7055 Representation Regarding Business Operations with the
Maduro Regime
MAY 2022
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime
JAN 2023
252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)
MAY 2020
252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)
MAY 2020
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JAN 2023
252.244-7000 Subcontracts for Commercial Products or Commercial Services
JAN 2023
252.247-7023 Transportation of Supplies by Sea JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)
(a) Definitions. As used in this clause--
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ___ ]…
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