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Invasive Species Treatment Green River


Kentucky, United States
Government : Military
RFQ
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PERFORMANCE WORK STATEMENT
GREEN RIVER AREA
Invasive Species Treatment

TABLE OF CONTENTS
SECTION C-1
GENERAL
SECTION C-1 GENERAL
C-1.1 PROJECT INFORMATION
C-1.2 PERFORMANCE WORK STATEMENT
C-1.3 TASK ORDERS
C-1.4 NEGOTIATION
C-1.5 WORKING HOURS
C-1.6 CONTRACTOR SUBMITTALS
C-1.7 PERMITS AND LICENSES
C-1.8 IDENTIFICATION OF CONTRACTOR EMPLOYEES AND VEHICLES
C-1.9 SAFETY AND SECURITY REQUIREMENTS
C-1.10 ACCIDENT REPORTING
C-1.11 DAMAGE REPORTS
C-1.12 CONTRACTOR EMPLOYEES' CONDUCT AND COMPETENTCY
C-1.13 DAMAGE OR LOSS OF CONTRACTORS SUPPLIES AND PROPERTY
C-1.14 SUPERVISION
C-1.15 ENVIRONMENTAL PROGRAM
C-1.16 CONTRACT DISCREPANCY REPORT (CDR)
C-1.17 MEETINGS
C-1.18 QUALITY CONTROL
C-1.19 QUALITY ASSURANCE
C-1.20 DEFICIENCIES
C-1.21 INTERRUPTIONS TO SYSTEMS
C-1.22 GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT
C-1.23 CONTRACTOR FURNISHED ITEMS
C-1.24 SAFEGUARDING GOVERNMENT PROPERTY
C-1.25 NOTIFICATION OF WORK TO BE DONE
C-1.26 MINIMUM MANPOWER REQUIREMENTS
C-1.27 MINIMUM PERSONNEL QUALIFICATIONS
C-1.28 COOPERATION WITH OTHER CONTRACTORS, LESSEES, AND VOLUNTEERS
C-1.29 REPORTS
C-1.30 APPLICALBE PUBLICATIONS
C-1.31 DEFINITIONS
C-1.32 HOURLY PRICING
C-1.33 PREWORK CONFERENCE
C-1.34 VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS CONTRACTS
SECTION C-10 HERBICIDE SERVICES SECTION C-10 HERBICIDE SERVICES
C-10.1 GENERAL
C-10.2 NEGOTIATIONS
C-10.3 SERVICES TO BE PERFORMED
C-10.4 SCHEDULE OF SERVICES


 


 


 


 


 


DESCRIPTION/SPECIFICATIONS


SECTION C-1


General


C-1.1 PROJECT INFORMATION. Green River Area has four lakes located in the central Kentucky region. All work shall be conducted in recreation areas, office, administrative and miscellaneous buildings and grounds within Government boundaries at Barren, Green, Nolin and Rough River Lake.


C-1.2 PERFORMANCE WORK STATEMENT. The Contractor shall furnish all necessary management, personnel, materials, supplies, tools, personal protective equipment (PPE), equipment, fuel, and vehicles, except as otherwise provided herein, required to perform nonnative invasive species identified by the Kentucky Invasive Plant Council (KYIPC) as Category I or II species or USACE top 15 invasive species for the Great Lakes and Ohio River Division (LRD) , Control and treatment services at the Green River Area projects Barren, Green, Rough and Nolin River Lake, as specified and in strict accordance with all Terms, Conditions, General, Specific and Technical Provisions, Drawings, Attachments, Exhibits, etc., contained herein or incorporated by reference. The USACE top fifteen invasive species for LRD includes, but are not limited to Autumn Olive, Tree of heaven, Royal Paulownia, Amur honeysuckle, Chinese and European Privet, Chinese yam, Phragmites, Garlic Mustard , Chinese Lespedeza, Multiflora Rose, Johnson Grass, Kudzu, Mimosa, Oriental bittersweet, and Purple Loosestrife. The quantities listed in the price breakout schedule are approximate and are provided as information only to assist in preparation of proposed pricing. They are not guaranteed and the actual quantities may be more or less than shown. Variation in these estimated quantities shall not be justification for modification of the contract or request for additional payment. The Government reserves the right to perform any portion of the services listed. It is emphasized that the service described in this contract is a critical part of the Corps mission. The service described will be performed in a natural and public recreation areas. The Corps is committed to "Customer Care", environmental stewardship and providing quality professional service. Special attention is directed to Exhibit E - Contractors Statement of Experience. All offerors must clearly demonstrate they have the technical ability to meet the minimum standards for the wide variety of critical requirements of this contract to insure the Corps mission is completed. Contractor must possess the ability to identify plant species to be treated from surrounding vegetation so that disturbance to non-target vegetation is minimized. Knowledge in local native flora is important for identifying sensitive, rare, threatened or species of special concern


C-1.3 TASK ORDERS. When the service is required under these Specifications, the Contractor shall respond within 48 hours after receipt of notification. The Contractor will be notified of the service to be performed by issuance of a Task Order by the Government.


a. Task Orders. All services under this contract will be ordered by issuance of Task Orders (SF1449 or DD1155) and Call Orders. The Task Order will list those items from the price breakout schedule to be used to perform the service. The Contractor shall not perform the service contained in the Task Order until a call order is issued for the service to be performed.


b. Call Orders. The Call Order is the Contractors' notification to actually perform the service, at the time(s) specified by the technical point of contact (TPOC), or if the time is not specified, according to the time schedules contained in the technical provisions of the contract. There may be several call orders issued, at different times, for services contained in the contract. All services under this contract will proceed by the issuance of a call order.


c. Fixed Price. Under this procedure the Government requires definite quantities of items from the price breakout schedule for routine services. The Contractor furnishes the services in accordance with the technical provision of the contract at the quoted price in the Price Breakout Schedule. The Contractor furnishes all plant, labor, and materials for fixed price services unless otherwise specified.


C-1.4. NEGOTIATION. Task Orders that are to be performed on a daily unit based on one eight hour work-day by one employee including all equipment and supplies needed for task completion which will be agreed upon by negotiation between the Contractor and the TPOC. This procedure will be initiated by the Government issuing a Request for Quote (RFQ). The Contractor shall complete the Price Breakout Schedule of the RFQ and return it to the TPOC. Unless otherwise specified in writing by the KO, the Contractor shall return the completed form within 48 hours of receipt of the request. If the Contractor's quote is reasonable, the KO will issue a Task Order. If the Contractor's quote is considered unreasonable, the Contractor and KO will attempt to reach a fair and reasonable price through negotiation. If an agreement cannot be reached, the TPOC may elect to decline performance of the work, or elect to send the negotiation package to the Contracting Officer for resolution.
If subsequent negotiations fail to resolve the matter, the Government reserves the right to obtain the services in question by whatever means deemed to be in the best interest of the Government, including use of its own work force. The purpose of negotiation is to establish a fair and reasonable price for the job under consideration. The Government and Contractor will negotiate toward the most efficient method of work and the number of days required. The most efficient method is that method of work which accomplishes the job safely and at the lowest price. Once negotiated the Contractor must perform the job using the method of work and line items agreed upon during negotiations. Task
Orders for services under this Section will be written as One Job for Sum. Individual contract line items shall be specified on the Price Breakout Schedule.


C-1.5 WORKING HOURS.
a. Normal Working Hours. Normal working hours, except as otherwise specified herein, shall be 6:30 a.m. to 4:00 p.m. CST or as specified on the Task Order. Work inside Government buildings or other secured areas shall be performed during the hours 07:00 a.m. to 4:00 p.m. CST. Work that interferes with other ongoing functions at the project shall be scheduled around normal working hours, as specified by the TPOC. Refer to individual sections of this specification for specific schedules of work.


b. Holiday Work. The ten Federal holidays observed are:


New Year's Day (January 1st)
Martin Luther King Day (3rd Monday in January)
President's Day (3rd Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4th)
Labor Day (1st Monday in September)
Columbus Day (2nd Monday in October)
Veterans Day (November 11th)
Thanksgiving Day (4th Thursday in November)
Christmas Day (December 25th)


When one of the above designated holidays falls on a Sunday, the following Monday is observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday. Work shall be scheduled around the above listed Federal holidays except as specified herein or as approved by the TPOC.


c. 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 to perform the service. The KO will notify the Contractor, by modification to the Task Order, of any change that extends the performance period due to inclement weather.


C-1.6 CONTRACTOR SUBMITTALS. Unless otherwise specified, the Contractor shall submit the following information to the TPOC prior to the pre-work conference for this contract:


a. Quality Control Plan. A suggested outline for the Contractor's Quality Control Plan is in Exhibit G.


b. Contractor Quality Control Inspector. List of Quality Control Inspectors.


c. Contractor Representatives. List of names of Contractor Representatives.


d. Accident Prevention Plan (APP). A suggested outline for the Contractor's Accident Prevention Plan is in Exhibit H. See Section C-1.9 for APP requirements.


e. Emergency Contacts. A prioritized list, including phone numbers, of those persons (normally Contractor Representatives) to call in case of emergencies.


f. Herbicide Applicators. A list of names of state qualified herbicide applicators, including experience, training and qualifications to apply herbicide. A copy of the Kentucky Department of Agriculture Herbicide License shall be submitted.


g. Certificate of Insurance
h. Security Requirements - See section C-1.9.h


C-1.7 PERMITS AND LICENSES. The Contractor shall, at his own expense, obtain any licenses or permits required to perform all aspects, requirements, and services under this contract. The Contractor shall comply with all current Federal, State, and local laws and regulations and shall comply with any subsequent changes.


C-1.8 IDENTIFICATION OF CONTRACTOR EMPLOYEES AND VEHICLES. The Contractor shall furnish his employees, other than office and clerical personnel, standardized uniforms (shirt-pants/shirt-skirt) with a company patch or embroidered identification on the breast pocket or on the sleeve at the top of the arm, within 30 calendar days after notice of award of the contract. Any employee hired 30 calendar days after award of the Contract shall be in the required uniform within 14 calendar days of the date of hire. Contractor uniforms shall not resemble U.S. Army Corps of Engineers uniforms. Contractor employees and subcontractors shall wear these uniforms at all times they are performing services under this contract. Exceptions may be granted by the TPOC for short term workers, or during disasters, emergencies, or special circumstances specified by the TPOC. Stained or faded uniforms shall not be worn. All vehicles used by the Contractor to perform services under this contract shall be identified with the company name prominently displayed on the outside of both front doors of each vehicle in a professional manner to provide an attractive and readily visible means of identification. The Contractor may require his employees to report in their own vehicles to the project, but these personal vehicles must be parked at a site designated by the TPOC. All vehicles used in performance of services must be marked. Vehicles used by the Contractor to perform administrative functions such as morning meetings or crew supervision must also be marked.


C-1.9 SAFETY AND SECURITY REQUIREMENTS.
a. General. If the Contractor fails or refuses to promptly comply with safety and security requirements as specified herein, the TPOC or any other project employee may stop all or part of the services until satisfactory corrective action has been taken. No part of the time lost due to any such work stoppage shall be made subject to any claims for extension of time or for excess costs or damages sustained by the Contractor. Also, the Contractor will not be paid for services not performed as a result of the stop order. The Contractor shall comply with the Occupational Safety and Health Act (OSHA), the Corps of Engineers Manual, EM 385-1-1 (http://www.usace.army.mil/Safety-and-Occupational- Health/Safety-and-Health-Requirements-Manual/) and as otherwise stated herein. Special attention shall be given to the requirements for safety meetings. The Contractor shall inform the TPOC a minimum of 7 calendar days prior to a Contractor monthly safety meeting, to permit a Government representative to attend.


b. Accident Prevention Plan (APP). The Contractor shall prepare an Accident Prevention Plan to assure that requirements of the safety program are provided as specified. This plan must be accepted by the Contracting Officer prior to commencement of any work. One copy of the Accident Prevention Plan shall be provided to the Contracting Officer and the TPOC one week prior to the pre-work conference. The Accident Prevention Plan must be in the outline and form prescribed in Appendix A of EM 385-1- 1.


c. Activity Hazard Analysis.


1) The Contractor shall use Activity Hazard Analyses (AHA's) as one of many tools to insure safe performance of work. It is the Contractor's responsibility to prepare the AHA. An approved AHA must be prepared by the Contractor for each Task Order issued by the Government. Sample AHA's may be available at the project office for review and use by the Contractor to assist in the development of site specific Activity Hazard Analyses prior to the Contractor performing the job. The Contractor is encouraged to revise or add to these sample AHA's as necessary to address changing conditions. Prior to performing jobs with inherent hazards, the Contractor shall review, at a "Tool Box" safety meeting, the approved AHA's with those employees who shall perform that service each time the service is ordered. The Government may request advanced notification of the time and date of the above AHA Tool Box safety meeting for Contractor employees so that the Government may attend such reviews.


2) The Government will require the Contractor to prepare an AHA for any jobs for which an adequate AHA does not already exist. A copy of this AHA shall be submitted to the TPOC and must be accepted before the Contractor starts the job. This copy of the AHA will become the property of the Government. Guidance is included in Exhibit F, which shall be used by the Contractor as a guide for the preparation of required AHA's.


3) A copy of an approved AHA is required for each Task Order issued by the Government. A copy of the approved AHA's shall be available at all times to workers at each associated job site and a copy shall be provided to the Government.
d. Public Safety. The Contractor shall ensure that reasonable precautions are taken to protect the public at all times where service is being performed. The Contractor shall immediately report to the TPOC any potential hazards found by his employees on the project. The Accident Prevention Plan shall include procedures to be taken to provide for public safety. Additionally, the Contractor shall not allow any persons, except employees, into work areas that are not otherwise open to the public; nor shall the Contractor transport in Contractor work vehicles any persons, except employees, during times the Contractor is on the project performing services under a Task Order.


e. Personal Protective Apparel and Equipment. Protective apparel and equipment, as identified in the AHA, shall be provided to eliminate or minimize hazards to personnel. As a minimum, each employee shall wear a short-sleeved shirt (as detailed in C-1.8), long trousers, and appropriate footwear during all contract services. Face shields, spectacles with side-shields, or goggles, and hearing protection shall be worn by employees when required by safety manual. Contractor personnel involved in handling or application of pesticides or herbicides shall use all protective apparel per manufacturer's recommendations. Fire extinguisher(s) and first aid kit(s) meeting the Safety Manual standards shall also be provided and easily accessible to all employees.


f. Contractor Employees Certified in First Aid & CPR. The Contractor shall schedule employees so the appropriate numbers of certified personnel are on duty to administer First Aid and CPR as required by the Safety Manual. Copies of their certification shall be provided in accordance with. Two people per crew shall be trained in First Aid and CPR. Individuals working alone shall be trained in First Aid.


g. Hazard Communication Program. The Contractor shall be responsible for implementing a hazard communication program for Contractor employees, as required by the Safety Manual. The Contractor shall provide Safety Data Sheets (SDS) for review by the TPOC prior to use of any hazardous substance on the project and provide a plan for the proper handling, transportation, storage and usage of hazardous substances on the project.


h. Required Security Training and Planning:


1. ACCESS AND GENERAL PROTECTION: All contractor and all associated subcontractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by 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.


2. SUSPICIOUS ACTIVITY REPORTING TRAINING: 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 TPOC NLT 5 calendar days after the completion of the training.


3. PRE-SCREEN/E-VERIFICATION: 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 TPOC no later than 3 business days after the initial contract award.


4. IWATCH/POCPS WATCH: 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 TPOC NLT 5 calendar days after the completion of the training.


C-1.10 ACCIDENT REPORTING. The Contractor is responsible for reporting all accidents to the TPOC immediately. Prompt action shall be taken to ensure immediate and appropriate medical treatment. The Contractor shall maintain an accurate record of any accidents in the manner and on the forms prescribed by the TPOC. For property damage accidents of $2,000 or more, the Contractor shall complete and submit to the TPOC a copy of ENG Form 3394 (see Exhibit D). The Contractor shall maintain an OSHA 300 Log (see Exhibit D) of On - The - Job injuries and first aid treatments.


C-1.11 DAMAGE REPORTS. All instances where Government materials, supplies, property, and/or equipment are damaged shall be reported immediately to the TPOC. When the damage was caused by contract employees, a written report of the incident and extent of such damage shall be submitted to the TPOC, within 2 work days (less weekends and holidays) of occurrence.
For property damage accidents of $2,000 or more the Contractor will complete and submit to the
TPOC a copy of ENG 3394.


C-1.12 CONTRACTOR EMPLOYEES' CONDUCT AND COMPETENCY. All contract employees shall conduct themselves in a proper and courteous manner at all times. Since the majority of services are performed in the presence of the general public, the conduct of all employees is critical and will be closely monitored. Contract employees shall comply with all provisions of Title 36, Chapter III, Part 327, CFR and obey all posted signs and regulations in the performance of the services under this contract. Being under the influence of or consuming alcoholic beverages or controlled substances by the Contractor or employees while on duty is prohibited.


a. Employee Dismissal. The Contractor expressly agrees to dismiss any employee or subcontractor employee whose continued employment is deemed by the TPOC to be inconsistent with the best interests of the public or the U.S. Army Corps of Engineers. The KO or the TPOC may require the Contractor to immediately remove from the work site any employee or subcontractor who is incompetent, endangers persons or property, or whose physical or mental condition would impair their ability to satisfactorily perform the work. Notification to the Contractor will be promptly made in writing if time and circumstances permit. Otherwise, notification will be verbal and confirmed in writing as soon as possible. No removal shall reduce the Contractor's obligation to perform all services required under this contract nor be the basis for time extension. Immediate replacement of the employee shall be made.


C-1.13 DAMAGE OR LOSS OF CONTRACTOR'S SUPPLIES AND PROPERTY. The Contractor is responsible for taking the action necessary to protect Contractor supplies, materials and equipment, and the personal property of Contractor employees from loss, damage or theft. The Government assumes no responsibility for theft, damage, etc., of the above.


C-1.14 SUPERVISION. The Contractor or a Contractor Representative shall personally supervise the services, or be readily available by phone or other means of communication to respond to any contract issue that may arise when services are in progress. The Contractor Representative(s) shall conduct overall management coordination and be the central point of contact with the Government for performance of all services under the contract. Each Contractor Representative shall have full authority to contractually commit the Contractor for prompt action on all matters pertaining to administration of this contract, and shall be the onsite Contractor employee who is responsible for safety. In addition to Contractor Representative(s), the Contractor shall also appoint Quality Control Inspectors (QCI) who shall perform the Contractor's Quality Control Program. All QCI'S shall have the authority to determine for the Contractor when work is ready for Government inspection and to make decisions for the Contractor on re-performance when necessary. A QCI shall be appointed for each work crew. For services performed outside normal working hours, a Contractor Representative or QCI shall be present at the work site. The TPOC and Government Inspectors will deal directly with the QCI's or Contractor Representatives, for normal day-to-day administration of the contract provisions. The names and telephone numbers of all individuals authorized to act on behalf of the Contractor as Contractor Representatives shall be submitted in writing to the TPOC before work is performed. The Contractor shall maintain copies of contract service requirements, specifications, Activity Hazard Analysis, etc., at each work site which relate to each person's service responsibilities, and shall review them to insure employees comprehension of a job prior to initiating services.


C-1.15 ENVIRONMENTAL PROGRAM. The Contractor shall comply with Federal, State, and local laws, regulations and standards regarding environmental protection. All environmental protection matters shall be coordinated with the TPOC. Any of the facilities operated by the Contractor may be inspected by the TPOC, or other Federal, State and local officials without advance notice. Access for inspection shall be granted upon request. Citations against Government facilities operated by the Contractor for non-compliance with environmental standards are a matter for resolution between the Government and the issuing office. Payment of fines or penalty charges associated with citations issued by Federal, State or local officials will be paid by the Government. If the citations are issued due to faulty operation or maintenance practices of the Contractor, the Contracting Officer or TPOC will deduct the fine from any monies due the Contractor. The Contractor shall conduct all operations and maintenance activities in a manner to prevent contamination of Government land and property. The Contractor shall ensure all lubricants, petroleum products, paints, cleaning materials, or any other hazardous substances are not spilled, leaked or disposed of on Government property and are disposed of in accordance with environmental regulations. If spills or contamination occur, the Contractor shall be responsible for cleanup and any associated costs in accordance with Federal, State and Local Law. Such spills shall be reported to the TPOC immediately.


C-1.16 CONTRACT DISCREPANCY REPORT (CDR). A CDR is a formal document used by the Government to process defects in services (see Exhibit B). As initially issued to the Contractor, the CDR describes the discrepancy or problem. The CDR will be discussed with the Contractor or his representative when it is issued. The Contractor shall provide his written response on the CDR form within 24 hours of issuance. The Contractor's response must:


a. Identify the cause and corrective action taken, and


b. Identify Contractor action to prevent recurrence.


The Contracting Officer or TPOC will evaluate the Contractor's response and take appropriate action. Upon finalization of the CDR, the Contractor and the TPOC must sign the form. The Contractor will be given a copy of the completed form. Should the Contractor not concur with any decision, etc., the Contractor may so state, in writing, and request a final decision by the Contracting Officer. The Contracting Officer monitors all CDR's issued, and CDR's are the principle evidence used by the Contracting Officer in determining Government contract actions such as termination or decision not to exercise options.


C-1.17 MEETINGS. The Contractor or his authorized representative shall contact the TPOC or representative each workday (Monday-Friday, with the schedule and location determined by the TPOC or representative) to discuss contract service items.
Meetings may be in person or by telephone, as determined by the Government TPOC or representative. Specific topics of discussion at the meetings may include issuing Task Orders, requests for estimates, inspections, quality control, and upcoming services. If a CDR is issued, mutual effort will be made to resolve any and all problems identified to preclude their recurrence. The TPOC may alter this reporting schedule, or change the reporting method, time, or place if mutually agreeable between the TPOC and the Contractor.


C-1.18 QUALITY CONTROL. The Contractor shall have a Quality Control program to assure the requirements of the contract are provided as specified. The primary purpose of Quality Control is to identify and correct deficiencies in the quality of services performed before the level of performance is unacceptable. The program shall include, but not be limited to the following:


a. An inspection system covering all the services stated in the contract specifications.


b. A method of identifying and correcting deficiencies in the quality of services performed before the level of performance is unacceptable.


c. A file of all inspections conducted by the Contractor and the corrective actions taken. These files shall be made available for inspection upon request by the TPOC. A quality control inspection shall be submitted to the TPOC at the conclusion of every service.


d. A method of insuring that employees have full knowledge of work assignments and that appropriate technical expertise is utilized with each work assignment.


e. A method of coordinating each work crew's activities with the TPOC and/or inspector.


A sample program is described in Exhibit G. The Contractor may use any or all portions of this plan to prepare a plan of his own. A signed plan, including Contractor specific information, shall be provided to the Contracting Officer and the TPOC, and accepted, prior to the Pre-Work Conference. If changes to this program occur, updated copies shall be provided to the Contracting Officer and TPOC.
Failure to provide appropriate Quality Control may result in issuance of a CDR, and/or termination of the contract.


C-1.19 QUALITY ASSURANCE. The Government will monitor the Contractor's performance in each functional area under this contract and reserves the rights to use whatever additional surveillance procedures are deemed appropriate. The Government will monitor the contract to insure compliance using a Quality Assurance Surveillance Plan (QASP), but reserves the right to alter the plan at its own discretion. The QASP is included as Exhibit I for information purposes only and will not be made part of any resulting contract. The Government will keep a record of all complaints received by the public concerning Contractor performance. Upon receipt of a written complaint by the public, the Government will attempt to verify the complaint and furnish the Contractor a copy of the findings. Should the Government verification reveal a nonperformance by the Contractor, a CDR may be issued.
A Government employee shall not be considered an Inspector unless he identifies himself as such to the Contractor, the Contractor Representative, or Quality Control Inspector. No Inspector is authorized to change any provision of the specifications without written authorization of the Contracting Officer nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the Contract.


C-1.20 DEFICIENCIES. If the Contractor fails to perform, or if performance in any area is judged unsatisfactory by the TPOC, the Government will take corrective action. If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no cost to the Government. When the defect in services cannot be corrected by re-performance, or cannot be corrected in the specified time frame, the Contractor is required to respond to a CDR (See Section C-1.16).


C-1.21 INTERRUPTIONS TO SYSTEMS. All services that would necessitate an interruption of the use of the project or its support systems or otherwise disrupt building occupants and/or the visiting public shall be fully coordinated and approved in advance by the TPOC. Interruptions shall be kept to an absolute minimum, and all repairs or replacements of equipment or components shall be accomplished in an expeditious and efficient manner.


C-1.22 GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT.


a. Government Furnished Facilities. The contractor will not be supplied with any storage areas.


b. Utilities. The Government will furnish available utilities to perform the specified service. At remote locations the Contractor shall supply his own utilities such as water. The Contractor shall make a dedicated effort to conserve utilities and shall comply with all Government regulations regarding energy conservation. Government furnished utilities shall be used only in the performance of services specified in this contract. The contractor will have access to one water spigot at the maintenance building.


c. Forms. All Department of Defense forms, required by the Government to be used under this contract, will be provided by the Government during the contract period. The Government reserves the right to modify or supersede these forms during the contract period.


d. Control. The Contractor shall provide control to ensure Government furnished equipment, property, or items are utilized only for contract purposes. The Contractor will be provided keys to allow access to certain secure areas, and will be held responsible for losses due to his negligence and for the replacement of compromised locks (which can occur due to loss or duplication of keys). Upon completion (including any extensions of contract term) or termination of the contract for any reason, and except for fair wear and tear, the Contractor shall return all Government furnished equipment, keys and any unused material or supplies in the same condition as received. Any discrepancies (except for fair wear and tear), damages or deficiencies in the inventory will be chargeable against the Contractor.


e. Safety Manual. Prospective contractors may review a copy of the Safety and Health Requirements Manual EM 385-1-1 at the Project Office or online at


C-1.23 CONTRACTOR FURNISHED ITEMS.


a. General. Except as described elsewhere in this contract, the Contractor shall furnish all personnel, facilities, vehicles, small tools, equipment and operators, supplies, or materials necessary to accomplish all required services. All Contractor furnished tools, equipment, supplies, materials, or vehicles shall meet all applicable Federal, Department of Defense, Department of the Army, State and local laws or regulations. A partial list of equipment which may be needed by the Contractor may be included in each section, if applicable.


b. Equipment. Herbicide application equipment shall be submitted in accordance withExhibit I. Adequacy of the equipment (e.g., spraying equipment and vehicles) to perform certain repetitive services will be determined prior to award of the contract. Also, all equipment used by the Contractor must meet safety requirements outlined in EM 385-1.


c. Service Vehicle. It is the Contractor's responsibility to provide service or work vehicles as necessary, capable of transporting employees, equipment, tools, materials, and supplies. Contractor service vehicles used along project and public roads must be equipped with an orange rooftop revolving light, a rear mounted warning sign, and reflective tape on the rear bumper.


d. Contractor Equipment and Supply Inspection. The apparent Contractor shall make available for inspection all service equipment, tools, and samples of supplies he proposes to use for services under this contract, along with proof of ownership or lease agreement. Such articles shall be made available for inspection within seven (7) working days after notice from the TPOC. Only equipment and supplies inspected and approved shall be used for services under this contract. A sample of the Safety Inspection for Miscellaneous Equipment is in Exhibit D. All subsequently procured equipment to be used for services under this contract must be inspected and approved by the Government prior to use.


C-1.24 SAFEGUARDING GOVERNMENT PROPERTY. The Contractor shall cooperate with Government personnel in safeguarding Government property. The Contractor shall be responsible for promptly reporting all acts of vandalism, larceny, or pilferage to Government property, and malfunctioning Government equipment to the TPOC. The Contractor shall establish security procedures and safeguards that are compatible with the Government's existing procedures, to protect all equipment, materials, supplies, tools, and other resources. The Contractor shall cooperate with, and provide any assistance necessary to, the Government during any audits, usage checks of expendable property, and inventories of nonexpendable property under control of the Contractor. Any item of value found on the work sites shall be placed into the custody of the TPOC for return to the owner, if ownership cannot be established. The Contractor shall inform the TPOC of any information he or his employees receive about lost and/or found articles from the public.


C-1.25 NOTIFICATION OF SERVICES TO BE DONE. The Contractor will be notified of services to be performed by issuance of Task Orders. Under normal conditions, Task Orders will be issued that require response within 48 hours after receipt. All Task Orders must be completed by the Delivery Date shown in the Task Order Form.


C-1.26 MINIMUM MAN POWER REQUIREMENTS. The Contractor shall provide an adequate number of fully qualified personnel to perform the services specified herein. Personnel required to handle emergency situations shall be available on call, 24 hours per day, 7 days per week.


C-1.27 MINIMUM PERSONNEL QUALIFICATIONS.


a. General. 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. If the TPOC decides the Contractor employee performing the specified service is unqualified, the Contractor shall immediately provide qualified personnel to accomplish the service.


C-1.28 COOPERATION WITH OTHER CONTRACTORS, LESSEES, AND VOLUNTEERS. The Government may undertake or award other contracts, or have lessees or volunteers performing certain work, including services that could otherwise be performed utilizing Task Orders under this contract. The Contractor shall fully cooperate with such other Contractors, lessees, volunteers and Government employees. The Contractor shall not commit or permit any act which will interfere with the performance of services by another Contractor, volunteer, lessee, or Government employee. The KO can alter the service schedules of the other Contractor, lessee, Government employees, volunteer, or the Contractor to avoid possible conflicts. Any such change (or failure to make such a change) by the KO shall not be the basis for a claim by the Contractor.


C-1.29 REPORTS. The Contractor shall, in an accurate and timely manner, prepare all reports, forms, permits etc., as required in this contract. A partial list of these reports, forms, permits, etc., follows:



Supplies, Materials, Herbicides Furnished and Used
Contractor Portion of Any CDR
Quality Control Inspection Checklists
Activity Hazard Analysis (AHA)
Pesticide Application Record


C-1.30 - APPLICABLE PUBLICATIONS. The Contractor shall perform technical services in accordance with applicable publications. They include but are not limited to: MANUFACTURER'S RECOMMENDATIONS:



Operating Manuals
Repair Manuals
Maintenance Manuals
INDUSTRIAL STANDARDS AND CODES (Latest Editions):
Underwriter's Laboratories, Inc.
National Electrical Code
National Warm Air & Air Conditioning Association
National Association of Fan Manufacturers
National Fire Protection Association
American Society of Heating, Air Conditioning & Refrigeration Institute
Sheet Metal Manufacturers
Air Moving and Conditioning Association
American Welding Society
American National Standards Institute
American Concrete Institute
Portland Concrete Association
Asphalt Institute
American Institute of Steel Construction
National Association of Architectural Metal Manufacturers
Architectural Aluminum Manufacturers Association
The Aluminum Association
American Society for Testing and Materials
Flat Glass Marketing Association
American Association of Nurserymen, Inc.
OSHA Safety Standards


C-1.31 DEFINITIONS. As used throughout this description/specification, the following terms shall have the meaning set forth below:


a. Clean. Free of dirt, impurities, or extraneous matter including graffiti. The act of removing all dirt, impurities or extraneous matter without damage, injury, or impairment to that being cleaned.
b. Completion Date. The date specified in the delivery order and/or call letter by which all services must be completed.
c. Contractor. The term Contractor refers to the prime Contractor, subcontractors, and all Contractor employees and personnel. The prime contractor shall be responsible for ensuring all subcontractors comply with the provisions of this contract.
d. Contractor Quality Control Inspector (QCI). Person designated by the Contractor to perform the Contractor's Quality Control program. A QCI shall be responsible for implementing the Contractor Accident Prevention Plan, and shall have the authority to determine for the Contractor if services are ready for government inspection and make decisions for the Contractor on re-performance.
e. Contractor Representative (CR). Individual(s) selected to represent the interests of the Contractor with regards to all matters and activities involving this contract, and shall be the onsite Contractor employee who is responsible for safety.
f. Contracting Officer (KO). A person with the authority to enter into, administer, and/or terminate contracts for the Government, and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer.
g. Contracting Officer Representative (COR). Person designated as the authorized representative of the Contracting Officer.
h. EM 385-1-1. Corps of Engineers Safety and Health Requirements Manual
i. Inspector. Individual designated by the TPOC to perform Quality Assurance.
j. Item. The term item, when used with the contract, refers to the Price Breakout Schedule Items contained in Section B of the contract.
k. Park Manager. A uniformed individual designated responsibility for overseeing the general operation, maintenance, and administration of the project.
l. Plants. All ornamental trees, shrubs, flowers, and ground covers on the project that is not honeysuckle.
m. Project. All land and water resources that are managed by the Corps and/or leased by the Corps to other federal, state, or local agencies. Lands include both developed parks and undeveloped lands, and all water resources from the dam to the headwaters, unless otherwise defined by Congress.
n. Quality Assurance. A method used by the Government to provide a measure of control over the quality of services provided by the Contractor.
o. Quality Control. A method used by the Contractor to control the quality of services he/she provides for the Government.
p. Tool of the trade. Any implement, instrument, or utensil used for cutting, hitting, digging, rubbing, cleaning etc. used by a specific trade.


C-1.32. HOURLY PRICING.


a. Hourly labor classification quotes shall include the employees' wages and benefits, payroll taxes, required safety equipment, small tools and equipment common to that trade, and those tools and equipment necessary to perform the services described in the contract in the quote price and other overhead costs associated with that proposed item. The Contractor will only be paid the actual number of hours agreed upon to do the job.


C-1.33. PREWORK CONFERENCE. The Contractor and his authorized representative(s) shall attend a prework conference prior to beginning services for the first Task Order issued under this contract. One week prior to this meeting, the Contractor shall provide to the Park Manager all items listed in Section C-1.6. The Government will discuss the Contractor's responsibilities under this contract; identify project instrumentation; discuss the preparation of all reports (including inspection reports), and answer the Contractor's questions.


 


C-1.34. VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS CONTRACTS: In addition to complying with the requirements outlined in FAR Part 22.13, FAR Clause 52.222- 37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:



U.S. Department of Labor Veterans employment: www.vets.gov/
Federal veteran employment information: www.fedshirevets.gov/index.aspx
Veterans' Employment and Training Service (VETS): http://www.dol.gov/vets/
Veterans Opportunity to Work (VOW) Program: http://benefits.va.gov/vow/
U.S. my Warrior Transition Command Employment Index:
wtc.army.mil/modules/employers/index.html
Hiring Our Heroes initiative: www.uschamberfoundation.org/hiring-our-heroes


-END OF SECTION C-1


SECTION C-10


HERBICIDE APPLICATION SERVICES


C-10.1 GENERAL. This section covers herbicide application services for control of invasive species identified by the Kentucky Invasive Plant Council or USACE top 15 list for LRD at Green River Area Lakes Barren, Green, Nolin, and Rough River Lake. All equipment, supplies, and herbicide required to perform this service will be furnished by the Contractor.


C-10.2 NEGOTATIONS. Task Orders that are to be performed on a daily unit based on one eight hour work-day by one employee including all equipment and supplies needed for task completion which will be agreed upon by negotiation between the Contractor and the TPOC. This procedure will be initiated by the Government issuing a Request for Quote (RFQ). The Contractor shall complete the Price Breakout Schedule of the RFQ and return it to the TPOC. Unless otherwise specified in writing by the KO, the Contractor shall return the completed form within 48 hours of receipt of the request. If the Contractor's quote is reasonable, the KO will issue a Task Order. If the Contractor's quote is considered unreasonable, the Contractor and KO will attempt to reach a fair and reasonable price through negotiation. If an agreement cannot be reached, the TPOC may elect to decline performance of the work, or elect to send the negotiation package to the Contracting Officer for resolution. If subsequent negotiations fail to resolve the matter, the Government reserves the right to obtain the services in question by whatever means deemed to be in the best interest of the Government, including use of its own work force. The purpose of negotiation is to establish a fair and reasonable price for the job under consideration. The Government and Contractor will negotiate toward the most efficient method of work and the number of days required. The most efficient method is that method of work which accomplishes the job safely and at the lowest price. Once negotiated the Contractor must perform the job using the method of work and line items agreed upon during negotiations. Task
Orders for services under this Section will be written as One Job for Sum. Individual contract line items shall be specified on the Price Breakout Schedule.


C-10.3 SERVICES TO BE PERFORMED. The Contractor will be responsible for control of invasive species identified by the Kentucky Invasive Plant Council or USACE top 15 list for LRD at Green River Area Lakes Barren, Green, Nolin, and Rough River Lake in the specific areas designated upon issuance of a Task Order. Under each Task Order, the Contractor shall kill 90% or more of the target species in the required area designated per Task Order. If less than 90% kill rate was achieved, then a follow-up application during the appropriate season specified by the South Eastern Exotic Pest Plant Council Invasive Plant Manual at no additional cost to the Government. The treatments will consist of methods appropriate for the target species (stump treatment, basal bark or foliar treatment) described below. The type of treatment called for will be identified in the Task Order. Areas to be treated will be identified with an aerial map and flagging at the initial access point. The aerial map will provide an approximate acreage and density of species. At least one licensed applicator must be on site at all times and will hold a Kentucky Department of Agriculture Commercial Herbicide Applicators license. All other crew members must be appropriately trained to Kentucky Department of Agriculture regulations. Expertise is needed by the licensed applicator and must have the ability to identify plant species to be treated from surrounding vegetation so that disturbance to non-target vegetation is minimized. Knowledge in local native flora is important for identifying sensitive, rare, threatened or species of special concern. The Contractor shall exercise caution to insure only the designated area is treated and damage to adjacent areas from wind drift or runoff is avoided. Application rates and methods shall comply with manufacturer's recommendations OR treatment rates and mixtures outlined in the South Eastern Exotic Pest Plant Council Invasive Plant Manual with special considerations near aquatic environments.
All herbicides used must possess an Environmental Protection Registration number and be approved for use as a vegetation control substance. To prevent spray drift onto desirable vegetation, herbicide spraying shall not be performed when wind velocity exceeds six (6) miles per hour. The Contractor shall voluntarily (without direction from the Park Manager) terminate spraying services if wind velocity exceeds this limit during the performance of herbicide spraying activities. The Contractor shall be held responsible for any vegetation outside designated spraying areas that is killed or damaged as a result of the herbicide spraying activities. Following each herbicide application the Contractor or the Contractor's licensed commercial applicator shall complete a "Pesticide Application Record", and submit the application record to the TPOC. Pesticide Application Record forms can be obtained from the TPOC. 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 Herbicide Applicators License issued by the State of Kentucky. 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 Kentucky, 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.
a. Foliar application shall be with an herbicide such as Glyphosate, Triclopyr, or tyiclopyr in oil. An appropriate herbicide formula is one that is effective in controlling target species with one treatment. Application will occur after issuance of a Task Order and between April and November of each year. A specific completion date, falling between the dates o f April to November, will be set when the service is called for by the local Government representative. Hand operated pump sprayers mounted on a UTV may be used when spraying from access roads. To minimize the need for retreatment:


1) Foliar herbicide application should not occur when rain is anticipated within four hours of treatment site. Non-ionic surfactant should be applied with foliar treatments, per manufactures recommendations. Treatments that extend above shoulder height will consist of a foliar application with a powered pump sprayer no more than 20 feet, or cut stump/stem with a backpack sprayer.


b. Stump treatment shall be with an herbicide such as Glyphosate or Garlon 3a with blue dye. An appropriate herbicide formula is one that is effective in controlling target species with one treatment. Target species will be cut 1 to 3 inches from the ground and the stump cut surface 100% covered in herbicide within 60 seconds from being cut. The stump shall be cut horizontal to the ground. Application rate on the stump shall be the minimum to achieve 100% stump coverage and minimize affecting nearby plants. The contractor is not responsible for moving cut material, as long as it does not impede proper spraying of the stump. Application will occur after issuance of a Task Order and between April and November of each year. A specific completion date, falling between the dates of April to November, will be set when the service is called for by the local Government representative.


c. Basal treatment is best for trees that root sucker, tree's 6 inches in diameter or less, or locations you do not want to create an instant opening. Herbicide such as triclopyr ester or imazapyr with adjuvant and/or additive. Only use vegetable oil base if adding as an adjuvant. If soil active herbicides used in basal treatment consult the label for appropriate treatment conditions (dormancy, rain, temperatures) and get approval from the TPOC prior to use. Apply basal bark treatments below 12-20 inches depending on the diameter of the tree. Larger trees may also need treatment of root collar and exposed roots (> 36") Refer to the Guide to Invasive Species in Southern Forests for Guidelines. Application will occur after issuance of a Task Order and between April and November of each year. A specific completion date, falling between the dates of April to November, will be set when the service is called for by the local Government representative.


Mixing and Container Disposal.


Mixing and cleaning of equipment, cleaning of clothing, and container disposal is not permissible in the recreation areas, near open water, or close to wells. Water source should be from a domestic supply so as not to reduce the efficacy of the herbicide.


Cleaning Equipment


All equipment including vehicles should be clean and free of vegetative material when arriving to the site, moving from site to site, and when leaving the site. Cleaning between sites and prior to leaving shall consist of techniques such as but not limited to brushing, scraping, air-blasting, where water is not needed, unless wash water can be collected and disposed of safely.


 


C-10.4 SCHEDULE OF SERVICES. There will be no set schedule of services. All services shall be performed following issuance of a Task Order and after having a completion date set by the TOPC.


 


 


 


 


 


 


 


 


Matthew R. Scharf, Contract Specialist, Phone 5023156185, Email Matthew.Scharf@usace.army.mil

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