Russian Olive Tree Control
PERFORMANCE WORK STATEMENT (PWS)
Russian Olive Control
U.S. Army Corps of Engineers, North Alabama Bend
1.0 General Information
1.1 Scope of Work. The contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision and other items necessary to control Russian olive trees on U.S. Army Corps of Engineers (USACE) land. This is a fixed priced, performance based service contract where desired outcomes are defined and measured while contractor methods are generally not constrained or directed.
1.1.1. The property, known as North Alabama Bend, was purchased by the U.S. Army Corps of Engineers (USACE) in 2009 as part of the Missouri River Recovery Program. This program is designed, in part, to restore and enhance biological diversity and hydrological processes associated with the Missouri River. The 546 acre property is adjacent to the Missouri River with approximately 1 mile of riverfront. Approximately 55% of the property is wooded, 35% is open grassland, and the remaining 10% is a mixture of grassland and trees. Eastern red cedar trees previously dominated much of the property, but over the past 5 years, many cedar trees have been mulched in place.
1.2 Contractor Personnel
1.2.1 The Contractor shall perform all work under this contract with his own forces except as provided in Paragraph 1.2.2.2 Subcontracting. Employees who perform this work shall be qualified persons on the Contractor's own payroll.
1.2.2 All Contractor vehicles shall be registered, licensed and insured to meet all State and local laws.
1.2.2.1 The Contractor employees shall be skilled in and capable of performing the work under this contract.
1.2.2.2 Subcontracting. No work may be subcontracted without written approval of the Contracting Officer. Compliance with the provisions of this contract by subcontractors shall be the responsibility of the Contractor.
1.2.3 Security Requirements. Physical security at various project locations is subject to change with very little notice. When advised by the COR, the Contractor employees and subcontractors shall comply with any and all changing requirements. Such changes may reduce access to certain areas under this contract.
1.2.4 Pesticide Applicator Licensing Requirements. The Contractor is responsible for ensuring all personnel applying herbicides possess a valid South Dakota commercial pesticide applicators license or a reciprocal commercial applicators license issued by the State of South Dakota (information on reciprocity is available at: http://sdda.sd.gov/ag-services/pesticide-program/certification-licensing-registration/licensing-and-education/). For each employee that will apply herbicide, the Contractor will provide the COR with a copy of their pesticide applicator license at the pre-work meeting.
1.3 Quality Control
1.3.1 The contractor shall designate, in writing, a member of each work crew who shall serve as the contact for matters involving quality and performance or nonperformance of the required work assigned to that crew. The employee(s) shall be qualified and fully competent with full authority to act for, and on behalf of, the contractor as necessary to insure that the required work is performed in accordance with the specifications and standards contained herein. The contractor shall furnish the above written designation to the Contracting Officer's Representative at the project no later than the first day of work. The contractor shall include the name(s), address(es), and telephone number(s) of the responsible individual(s).
1.3.2 The Contracting Officer reserves the right to disapprove any individual whom he considers to be incompetent to perform the work required. Such disapproval's will be given to the contractor by written notice.
1.4 Quality Assurance
1.4.1 The government has the right to inspect all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The government shall perform inspections in a manner that will not unduly delay the work.
1.4.2 If any of the services do not conform to contract requirements, the government may require the contractor to perform the services in conformity with contract requirements and at no increase in cost. If the contract requirements are not met after a second attempt the government may (1) require the contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.
1.4.3 If the contractor fails to promptly perform the services again or to take the necessary action to ensure future performance is in conformity with the contract requirements, the government may (1) by contract, or otherwise, perform the services and charge to the contractor any cost incurred by the government that is directly related to the performance of such service or (2) terminate the contract in whole or in part.
1.5 Pre-Work Meeting. Prior to commencing any activities, the Contractor shall arrange a Pre-work Meeting with the COR. The Meeting shall discuss the work to be performed, scheduling, submittal process, review of the Activity Hazard Analysis (AHA), and abbreviated Accident Prevention Plan (APP). At least two (2) days prior to commencing work, the Contractor shall coordinate their proposed work schedule with the COR.
1.6. Submittals. Prior to commencement of services, the Contractor shall submit the following documents to the COR for review and approval:
a. Activity Hazard Analysis (AHA);
b. Abbreviated Accident Prevention Plan (APP)
c. List of who will perform work on this contract;
d. Proof of Insurance for Contractors and Subcontractors;
1.7 Hours of Operation
1.7.1 The Contractor is responsible for conducting business, Monday thru Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings, unless approved in advance by the COR.
1.8 Standards and Regulations. The Contractor shall perform to the standards in the contract and comply with all Local, State, and Federal Regulations during the services performed. The Contractor is responsible for ascertaining the extent to which these regulations affect the operations resulting from this contract and to comply therewith. Applicable regulations to this work include, but are not limited to the following:
a. Code of Federal Regulations (CFR), Title 36, Chapter III, Part 327, Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects EP 1165-2-316 (http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2-316.pdf?ver=2013-08-22-104526-670)
b. Engineering Manual (EM) 385-1-1 (USACE - Safety and Health Requirements Manual), dated November 2014;
c. Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) provisions
d. National Pollutant Discharge Elimination System (NPDES) regulations
e. South Dakota Codified Law (SDCL) 38-21-17, Applicator License Required (http://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=38-21-17)
1.9 Safety. The local emergency phone numbers will be furnished to the Contractor by the COR. In addition to applicable Local, State, and Federal laws, the Contractor and their subcontractors are required to adhere to all provisions of the EM 385-1-1. Where safety standards conflict, the most stringent standard shall apply. A copy of the EM 385-1-1 can be found electronically at the following link:
http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf
1.9.1 Activity Hazard Analysis (AHA). The Contractor shall prepare AHAs IAW Paragraph 01.A.14 or 01.A.15 of the EM 385-1-1. If using Paragraph 01.A.15, prepare AHAs IAW Figure 1-2.
Note: Contractors and other individual employer's typically use Job Safety Analyses (JSAs), Job Hazard Analyses (JHAs), or similar Risk Management assessment tools. The government considers equivalent to, and acceptable substitutes for, the USACE's AHA provided the data collected is the same as that required by the AHA, commensurate with the type of services the contractor is performing.
1.9.2 Abbreviated Accident Prevention Plan (APP). It is understood that the EM 385-1-1 in its entirety may be too complex for the type of work being performed under these contracts, Contractors may reference Appendix A, for abbreviated Accident Prevention Plan (APP). The contractor shall only need to submit items in Appendix A that are pertinent to the contract. The contractor shall use a qualified person to prepare the site-specific Abbreviated Accident Prevention Plan (AAPP). Prepare the AAPP in accordance with the format and requirements of the EM 385-1-1 and supplemented herein. The Contractor shall sign and submit the APP for Government approval prior to the start of work onsite.
1.10 Environmental Protection. The Contractor shall perform all work in such a manner as to minimize the polluting of air, water, or land, and shall, within reasonable limits, control noise and the disposal of solid waste materials, as well as other pollutants.
1.10.1 Protection of Resources. The Contractor shall not pollute streams, lakes or reservoirs with fuels, oils, bitumens, calcium chloride, acids, insecticides, herbicides, or other harmful materials. The Contractor shall investigate and comply with all applicable Federal, State, County, and Municipal laws concerning pollution of rivers and streams.
1.10.2 Spillage. Special measures shall be taken to prevent chemicals and other materials from entering public waters. If any spillage occurs, the Contractor shall remove the material and restore the area to its original condition. If necessary, contaminated ground shall be excavated and disposed of as directed by the Contracting Officer, and replaced with suitable fill material, compacted and finished with topsoil and planted as required to reestablish vegetation all at the expense of the Contractor.
1.10.2.1 Disposal. Disposal of all materials shall be at the appropriate locations as directed by the COR. Disposal of any materials, wastes, effluent, trash, garbage, fuel, chemicals, etc., in areas adjacent to streams shall not be permitted. If any waste material is dumped in unauthorized areas, the Contractor shall remove the material and restore the area to the original condition before being disturbed. If necessary, contaminated ground shall be excavated and disposed of as directed by the Contracting Officer, and replaced with suitable fill material, compacted and finished with topsoil and planted as required to reestablish vegetation all at the expense of the Contractor.
1.10.3 Equipment Accountability. The Contractor shall clean all equipment prior to entering Corps property. The equipment shall have not visible soil, roots, vegetative material, seeds, or other debris that could contain seeds.
1.10.4 Protection of Fish and Wildlife. The Contractor shall at all times perform work and take such steps required to minimize interference with or disturbance to fish and wildlife. The Contractor will not be permitted to alter water flows or otherwise disturb native habitat adjacent to the project area that, in the opinion of the Contracting Officer, are critical to fish or wildlife.
1.10.5 Protection of Non-Target Trees and Shrubs. The Contractor shall not deface, injure, remove, cut, or destroy non-target trees and shrubs. No ropes, cables, or guy wires shall be fastened to or attached to any existing nearby non-target trees or shrubs for anchorages. Care shall be exercised at all times by the Contractor to protect desirable (non-target) species from damage by the required activities. Care shall be exercised at all times by the Contractor to minimize impacts to the soil and ground vegetation.
1.11 Physical Security
1.11.1 The Contractor shall be responsible for safeguarding all Government facilities, property, and materials provided for Contractor use. All Government facilities, property, and materials shall be appropriately secured at all times. Specific security conditions may change based on threats to national defense, and based on the risk of specific facilities to these threats. The Contractor shall abide by these changing conditions at all times. The Government is not responsible for the Contractor's equipment when stored on Government property administered by the USACE Gavins Point Project.
1.11.2 Key Control. The Contractor shall ensure all keys issued to the Contractor by the Government are not lost, stolen, or duplicated and are not used by unauthorized persons.
1.11.2.1 The Contractor shall immediately report to the COR any occurrences of lost or stolen keys.
1.11.2.2 In the event keys, other than master keys are lost or stolen, the Contractor may be required, upon written direction of the COR, to re-key or replace the affected lock or locks without cost to the Government. The Government may, however, at its option, replace the affected lock or locks or perform re-keying and deduct the cost of such from payment due the Contractor. If a master key is lost or stolen, the Government may need to replace all locks and keys for that system. The total cost of such replacement will be deducted from the payment due the Contractor.
1.11.2.3 The Contractor shall prohibit the use of keys issued by the Government by any persons other than the Contractor's employees. The Contractor shall not facilitate access of secured areas to persons other than Contractor personnel or subcontractors engaged in performance of contract work requirements.
1.12 Antiterrorism/Operation Security Requirements
1.12.1 Pre-screen candidates using E-Verify Program. The Contractor must pre‐screen candidates using the E‐verify Program (http://www.dhs.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 to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible candidates must be provided to the COR no later than three (3) business days after the initial contract award.
1.13 Payment
1.13.1 The government will make payment upon completion of all services, after the government has inspected and accepted the services, and the government has reviewed, approved, and processed the Contractor's invoice. The Contractor shall submit the invoice to the COR and/or any other person that has been designated in the contract to receive the invoice.
1.13.2 The Contractor must provide the contractor's name, address, contract number, dates of services completed (i.e., for the period of performance of January 1 through February 23), CLIN number and specific quantities of work performed (i.e., 100 acres, etc.), and total requested, for an invoice to be considered proper. The Contractor shall submit the invoice upon completion of all services, in accordance with the period of performance stated in the CLIN.
2.0 Definitions. The following definitions and descriptions apply wherever the word, phrase, or acronym is used in this performance work statement.
Acceptable Level of Performance (ALP): The maximum percent defective, the maximum number of defects per hundred units, or the number of defects in a lot that can be considered satisfactory on the average. The allowable leeway or variance from a standard before the government will reject the specific service.
Contracting Officer's Representative (COR): means an individual designated an authorized in writing by the Contracting Officer to perform specific technical or administrative functions.
Daily Duties: To be performed each day facilities are serviced.
Performance-Based Contract (FAR 2.101): Structuring all aspects of an acquisition around the purpose of the work to be performed with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes as opposed to either the manner by which the work is to be performed or broad and imprecise.
Performance Requirements Summary (PRS): The PRS shows contract requirements, the component requirements related to each contract requirement, the price of each work requirement as a percentage of the associated contract requirement (Fixed Price Contracts), the standard of performance, and the acceptable level of performance (ALP) for each work requirement.
3.0 Specific Tasks
3.1 Basic Services. The Contractor shall control all Russian olive (Elaeagnus angustifolia) trees greater than or equal to (2) inches in diameter at the base of the trunk within designated work areas, covering a minimum of 67 acres (BASE- Required), and up to a maximum of 110 acres (BASE and all OPTIONS). The Contractor shall use the cut stump treatment method to control Russian olive trees. The Contractor will cut tree trunks near the soil surface and apply herbicide to the freshly cut stumps to prevent re-sprouting. Stump height shall not exceed three (3) inches above the natural ground surface and shall have no limbs or branches remaining. Herbicide applications must be made to the cut stump within five (5) minutes of cutting. Herbicide applications shall consist of either triclopyr or imazapyr with a surfactant or oil carrier and a dye to mark treated stumps. All herbicides shall be applied at the manufacturer specified mixture rate for cut stump applications. Specific herbicide and carrier use shall be approved by the COR prior to application. All proposed herbicides must be EPA and State approved. Work activities may only be conducted when air temperatures are above freezing. The Contractor will complete all services between August 6, 2018 and November 2, 2018.
3.1.1. Pesticide Application Documentation. A pesticide application record (PAR) must be completed daily on-site and submitted to the COR upon completion of the contract. The Contractor may use their own pesticide application documentation form as long as it includes the same information contained in the PAR (Attachment 1).
3.1.2. North Alabama Bend is located near Vermillion, South Dakota in Clay County (Attachment 2, Figure 1).
3.2 Description of Work Units. Work Unit A is the required base item. Work Units B and C are option items. Work units are mostly on relatively flat ground. Some small slopes of old side channels are present. The majority of Russian olive trees range in diameter from approximately 8-14 inches. A few Russian olive trees may be a small as 2 inches in diameter and as large as 24 inches in diameter.
3.2.1 Work Unit A. Work Unit A is approximately 67 acres of a mix of cottonwood woodland and cottonwood openings with shrubs. Eastern red cedar trees were previously dense in some areas and most of the cedar trees were mulched in place over the last 5 years. Cedar mulch may cover the ground in some areas. Work Unit A contains approximately 180 Russian olive trees. See Attachment 2 (Figures 2-3).
3.2.2 Work Unit B. Work Unit B is approximately 17 acres of scattered cottonwoods, willows, shrubs, and grassy openings. Eastern red cedar trees were previously dense in some areas and most of the cedar trees were mulched in place over the last 5 years. Cedar mulch may cover the ground in some areas. Work Unit B contains approximately 70 Russian olive trees. See Attachment 2 (Figure 2-3).
3.2.3 Work Unit C. Work Unit C is approximately 26 acres of scattered cottonwoods, willows, and shrubs. Eastern red cedar trees were previously dense in some areas and most of the cedar trees were mulched in place over the last 5 years. Cedar mulch may cover the ground in some areas. Work Unit C contains approximately 80 Russian olive trees. See Attachment 2 (Figure 2-3).
4.0 Performance Requirements Summary
The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.
Performance Objective
Standard Performance Threshold Method of Surveillance
PRS # 1.
The Contractor shall control Russian olive trees at North Alabama Bend in accordance with the PWS.
The Contractor must provide services to the performance and safety standards outlined in this contract.
The Contractor shall control at least 95% of all Russian olive trees. The maximum error rate may not exceed 5%.
Periodic direct inspection.
5.0 Attachments
Attachment 1 - Pesticide Application Record.
Attachment 2 - Aerial Maps. Figure 1 shows the general location of North Alabama Bend. Figure 2 shows the location of the work units within North Alabama Bend. Figure 3 shows a close up of the work units.
Monica Dwyer, Purchasing Agent, Phone 4026677873, Fax 4026672537, Email monica.e.dwyer@usace.army.mil - Matthew D. Hibbert, Contracting Officer, Phone 4029952480, Email Matthew.D.Hibbert@usace.army.mil
