W912QR23Q0043_0001.pdf

W22W9K30348683

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Solicitiation W912QR23Q0043 to provide Herbicide Services to Harsha Lake, OH, is hereby amended as follow s:

a. Due to adminstrative error, the maps of the area of work have been provided and incorporated.

b. As noted on the maps, the REC area referred to on the price breakout schedule is approximately 0.5 acres and refers to the boat ramp riprap, only.

c. Drones may not be used to administer the herbicide, due to policy on unmanned aircraft system use and procurement in the Louisville District. Please see the memorandum attached below for more information.

d. In order to provide sufficient time for proper bidding, the quote submission due date is hereby extended from 25 April 2023, 1300 to 1 May 2023, 1300.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912QR23Q0043

X 9B. DATED (SEE ITEM 11)

07-Apr-2023

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

U0001

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

25-Apr-2023

CODE

U. S. ARMY ENGINEER DISTRICT, LOUISVILLE

600 DR. MARTIN LUTHER KING, JR. PLACE

ROOM 821

LOUISVILLE KY 40202-2239

W912QR 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

x

W912QR23Q0043

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

(End of Summary of Changes)

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

DEPARTMENT OF THE ARMY

U,S. ARMY ENGINEER DISTRICT, LOUISVILLE

CORPS OF ENGINEERS

P.O. BOX 59

LOUTSVTLLE KY 40201-0059

0[r 3 1 20ii

CELRL-ZA

MEMORANDUM FOR SEE DISTRIBUTION

SUBJECT: Unmanned Aircraft Systems Use and Procurement in the Louisville District

l. References:

a. Title 36, Parks, Forest and Public Property, Chapter I I 1, Part327 . May 2000

b. FAA Order 8900.1, Volume 16, Unmanned Aircraft Systems, 23 l:uli,e 2014

c. FAA National Policy 8900.268, Education, Compliance, and Enforcement ofUnauthorized Unmanned Aircraft Systems Operators, 15 July 2014

d. FAA Modemization and Reform Act of 2012 (PL 112-95), Section 336, Special Rules for Model Aircraft, 14 February 2012

e. EC 1110-1-106 Acquisition and Operation of Unmanned Aircraft Systems (UA) Technology, 30 June 20i6

L AR 95-23 Unmanned Aircraft System Flight Regulations

g. LRD Policy Memo - Operation of Unmanned Aircraft Systems, 09 March 2017

2. This memorandum applies to all Louisville District (CELRL) elements planning to authorize Unmanned Aircraft Systems (UAS) for operational use by the public for recreational purposes, for commercial usage under contract with the govemment, media coverage ofany Federal project or event and for official use. CELRL elements are defined as all District staff and facilities, as well as projects, lands, and other District activities that lie within the District's physical area of operations or military or civil works program boundaries.

3. The purpose of this memorandum is to establish policy for the operation of UAS on lbcilities and/or property under the authority of the Louisville District of the U.S. Army Corps of Engineers. Unmanned Aircraft Systems (UAS) come in many shapes and sizes.

They can be as large as ajet aircraft or smaller than a model airplane. An unmanned aircraft system (UAS) is comprised of an unmanned air vehicle (UAV), control station, and other necessary elements including, but not limited to data links, communications

CELRL-ZA

SUBJ: Unmanned Aircrafi Systems Use and Procuement in the Louisville District systems/links, and launch and recovery equipment. There may be multiple UAVs, control stations, and support elements within a UAS. UAVs are also known colloquially as "drones-"

4. UAS can be used for hobby and recreation, public saf-ety and emergency operations, as well as many commercial uses. Regardless of the size or application, UAS can pose risks that must be recognized, described, and mitigated wherever possible. improper UAS operation or landing can pose a threat olinjury to people and wildlife, and property damage.

Unauthorized access to UAS controls, video footage, or other functions could constitute a security breach. UAS can also be used for illegal and/or malicious purposes. Finally, there may be problems with maintenance or operation of the UAS that would carry consequences for CELRL elements, such as issues in refueling fuel cells; mechanical failure in midair; or UAV cottiding with electrical distribution lines/causing power outages.

5. There are many laws, policies, regulations, and goveming authorities with overlapping guidance on operation ofUAS. Paragraphs 6, 7, and 8 will outline pertinent sections of policies issued by federal regulating bodies and applicable guidelines to ensure compliance with each. However, it is important to incorporate state or local laws, policies, and regulations into the planned operations ofUAS.

6. Federal Aviation Administration (FAA) National Policy 8900.268, Education, Compliance, and Enforcement of Unauthorized Unmanned Aircraft Systems Operators, l5 July 2014, states that UAS are "aircraft", and further states that commercial UAS operations are prohibited without FAA authorization. To facilitate FAA-compliant UAS operation for CELRL elements, all UAS operations will follow three general rules:

a. UAS will operate at or below 400 f'eet AGL at all times;

b. aerial components ofthe system will be less than 55 lbs total; and

c. UAS must be registered with the FAA.

7. Tirle 36, Parks, Forest and Public Property, Chapter I 11,Part327.4 states "The operation of "aircraft" on project lands at locations other than those designated by the District Commander is prohibited. This provision shall not be applicable to aircraft engaged in official business ofFederal, state, or local govemments or law enforcement agencies, aircraft used in emergency rescue in accordance with the direction of the District Commander or aircraft forced to land due to circumstances beyond the control ofthe operator."

8. EC 1l l0-1-106, Acquisition and Operation of Unmanned Aircraft System (UAS) Technology, paragaph 1l defines the use of UAS systems by the Public or Commercial

SUBJ: Unmanned Aircraft Systems Use and Procurement in the Louisville District

Organizations at USACE Water Resources Development Projects (such as lakes or locks and dams).

a. The USACE regulation regarding the public and commercial operation of aircraft, including UAS, is contained in 36 CFR, Chapter III, Pat327.4, Aircraft, which states in part, "the operation ofaircraft on project lands at locations other than those designated by the District Commander is prohibited. No person shall operate any aircraft while on or above project waters or project lands in a careless, negligent or reckless manner so as to endanger any person, property or environmental feature." UAS operation is prohibited for any purpose at USACE water resources development projects unless authorized by the District Commander. The Commander has delegated approval authority to the Chief of Operations who may exercise the discretion to delegate further. This regulation applies to individuals operating UAS over USACE water resources development projects regardless ofthe location ofthe operator, including oler CELRL property out-granted to a third party.

b. Since UAS operation can be a safety and security risk to USACE infrastructure, as well to staff, visitors, environmental features, and wildlife at USACE projects, all private and public recreational,4robby and/or commercial use of UAS must satisfr all FAA requirements, applicable state and local laws, and USACE regulations.

c. No person shall operate a UAS:

( 1) In a careless, negligent, or reckless manner so as to endanger, threaten, harass, or jeopardize any person, property, wildlife, environmental feature; or interfere with the use or operation ofthe project. Examples ofsuch prohibited behavior include capturing images of unsuspecting/unwilling persons or attaching firearms or other weapons to the UAS.

(2) Within 500 feet of operational areas. Operational areas are defined as project operational structures and their associated restricted areas. For example, dams, hydropower plants, administrative and maintenance buildings, visitor centers and associated support facilities. Larger restricted zones can be established where applicable. UAS operation that violates the designated operational area prohibition will be reported in the ENGLink system as a Suspicious Activity Report (SAR) IAW USACE Operation Ofier 2014-32 (Integrated Protection) Annex R - Reports -Information and lntelligence Flow.

d. UAS will be operated:

(1) during daylight hours only, and while maintaining visual line ofsight ofthe unmanned air vehicle while in operation; and

(2) in accordance with applicable state and local laws and FAA regulations.

f. Violation ofthe above policy can be cited under 36 CFR, Chapter III. Part327.4, Aircraft or Part 327 .12, Restrictions.

9. Due to the risks associated with operating UAS in the vicinity of CELRL operational areas, the District Commander has designated some recreational areas as the only approved areas for UAS operation for hobby or recreational use. Operation ofUAS in all other areas must be approved by the District Commander or his,/her designee. In general, USACE operational areas can be distinguished as areas restricted from public access by fences, "keep out", "waming", or "no trespassing" signs. However, not all operational areas are visibly designated. It is important for UAS operators to discuss flight plans with local CELRL staff to obtain information about areas to avoid and incorporate it into their tlight plan.

10. The first step in procuring or authorizing UAS for use for official purposes will be obtaining approval of an Air Worthiness Request. The AWR approval is a tiered system initiated at the local level (Area Engineer, Lockmaster. COR, KO, etc.). After routing through the appropriate supervisory chain, it is submifted to the District Commander for approval, and then submitted for final approval to the US Army Aviation Engineering Directorate. This lists the documentation required for the AWR (examples in Appendix A):

a. AED Application for Airworthiness Release (AWR) - to include imagery defining operational area delineated by boundaries

b. Platform training curriculum,/plan and certification criteria (operators and pilots)

c. Material and Operational Risk Acceptance

d. Standard Operating Procedure

e. System Safety Risk Assessment (lCW LRL Safety Management Plan)

I l. Following approval ofthe air worthiness request, UAS operators are required to obtain appropriate training to operate their UAS. Many UAS vendors offer training videos and exercises to familiarize operators with safe use of their model of UAS. Commercial and/or ArmyfuSACE-sponsored training should be taken advantage of wherever possible.

Appropriate training, refresher training, certification, or licensing must be in place for any operator of a UAS prior to filing the flight plan.

12. Flight plans will provide detailed flight schedules, paths. times. focus areas, intent. and safety protocols that will be conducted during operation olthe system. This wilt be complimentary to the approved AWR, SOPs/policies. and the safety plan. Approval lor

CELRL-ZA

SUBJ: Unmanned Aircraft Systems Use and Procurement in the Louisville District

e. UAS operators are liable for any damage resulting from operating, maintaining, transporting, fueling, or any other activity associated with their UAS.

SUBJ: Unmanned Aircraft Systems Use and Procurement in the Louisville District flight plans will be through the Division Chiefor designee with written concurrence ofthe District Security Officer or their designee. Approved flight plans will be briefed by the flight crew prior to flight and kept at the operator's station during flight operations. Flight plans will be maintained at the local level for no less than one year from flight. UAS Operators will take caution to operate within the approved operational area, avoid collisions (especially with people or structures), and avoid deviations liom their flight plan.

All deviations to flight plans will be reported immediately to the local approval authority.

Prior to operation, the pilot will conduct a risk assessment and Activity Hazard Analysis (AHA will be formatted to reflect site/project specific procedures) that will be maintained at the operating station with training certification. Operation of the platform will only be conducted in the presence ofCELRL staff pursuant to the direction ofthe local approval aulhority. Under no circumstance will private property or civilians be surveilled by the system and any incidental imagery will be immediately destroyed and reported to the local approval authority. All operations will be conducted in consideration of applicable sections EM 385-1-1 as they relate to activity/feature being observed.

13. For future contract solicitations involving CELRL and any of its projects sites and areas, each solicitation will include the verbiage in Appendix B.

14. Media inquiries to use UAS on CELRL projects will be coordinated through the Office of Public Affairs to obtain written authorization. Once approved by PA, the district security chief will forward his/her recommendation to the District commander for final approval of the media request. See Appendix C.

15. AlI violations ofthis policy are to be reported to the District security manager.

16. For more information on UAS visit the FAA website at: http://www.faa.gov/uasi and for further guidance on the use ofUAS on USACE property refer to EC 1 110-1-106 Acquisition and Operation of Unmanned Aircraft Systems (UAS) Technology 30 June 2016.

17. The point of contact for this memorandum is the Deputy Commander, who can be reached at 502-3 I 5-6103.

C L

OINETTE R. GANT

,EN

District Commander