This contract action was accomplished using other than competitive procedures because a statute exists that expressly authorizes or requires that the acquisition be made from a specific source or through another agency (FAR 6.302-5); specifically, Sole source awards under the 8(a) Program. Per FAR 6.302-5 a J&A is not required for this award. The Contractor shall provide all personnel, equipment, supplies, materials, facilities, transportation, tools, supervision, and any other items and non-personal services necessary to perform vegetation removal and herbicide treatment on the Trinidad Dam. Vegetation Removal: Vegetation shall be removed primarily by hand using hand tools. The Contractor shall cut all woody vegetation with a trunk diameter of greater than two (2) inches at the base. For trunk diameters greater than six (6) inches, the Contractor shall leave a six (6) inch high stump for future excavation. All woody vegetation shall be stacked and removed from the project area for disposal in a designated area. The remaining vegetation should be cut to the base (using chain saws or other hand equipment-no mechanical equipment shall be used on the dam embankments or groin for this work). Vegetation shall be treated with aquatic approved herbicide, if herbicide application is necessary, following the herbicide application requirements described below in this PWS. The herbaceous (non-woody) vegetative material shall be mulched and mulched material may be left on the dam face. Material that cannot be mulched will be spread out in the 'disposal area'. The Contractor shall coordinate with the USACE POC for exact location of the disposal area. Herbicide Application: The Contractor shall treatment all cut stumps within 10 minutes to prevent regrowth. All remaining vegetation within the project area shall be treated. This shall be accomplished by spraying with appropriate herbicide mixture (based on the vegetation type, the time of year, as well as efficacy) at the base of the vegetation remaining after cutting. The herbicide should contain a dye so that treated areas and stumps may be visible. Herbicide application shall be conducted with power operated sprayers attached to tractors or other approved vehicles and/or hand sprayers where applicable by a state-certified applicator. Applications within 50 feet of a surface water shall be conducted with a herbicide approved for aquatic use, specifically a drinking water source. Herbicide application should follow all applicable guidelines. The Contractor shall comply with Federal Insecticide, Fungicide, and Rodenticide Act (Title 7 U.S.C. Section 136) for requirements on contractor's licensing, certification and record keeping. Herbicides shall be applied by a State of Colorado Certified Herbicide Applicator. The Certified Applicator shall follow the EPA approved label(s) and State of Colorado requirements.Empty containers shall be disposed of as solid waste offsite and in accordance with Federal, State, Regional and Local laws and regulations. Herbicide formulations shall be mixed or poured into spray equipment within designated staging areas. These staging areas must be located away from the floodplain, irrigation canals or locations where groundwater, irrigation water or drinking water could potentially become contaminated. The Contractor shall not allow equipment to overflow. Prior to application of herbicide, all equipment shall be inspected for leaks, clogging, wear, or damage and shall be repaired prior to being used. The equipment operator shall keep a spill kit on within the immediate area, including absorbent pads that can be used to contain any drips or spills that may result from filling or operating the equipment. Any equipment in disrepair shall be removed from the site immediately. For applications of pesticides which results in a discharge to Waters of the United States the Contractor shall comply with the U.S. EPA National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit (PGP) for Discharges from the Application of Pesticides. The Contractor shall comply with the Albuquerque District's Pesticide Discharge Prevention Plan (PDPP) and shall provide all information required for necessary updates to the PDPP and annual reporting, as identified in Section 7 of the PGP. The areas targeted for herbicide application have the potential for difficult access and tripping or falling hazards. Large rocks and a steep grade may require the Contractor to implement appropriate safety precautions. No cutting or spraying should occur beyond the limits of the dam face and groin. Boundaries will be reviewed on site with the USACE POC. Work shall be performed in a manner that will limit disturbance to the dam face and groin. There shall be no disturbance to the soil surface. Areas that are disturbed shall be restored to preconstruction condition as approved by the USACE POC.Prior to Award, the Contractor shall prepare a Pesticide Management Plan and submit the plan for Corps approval. Include in the plan: sequence of treatment, dates, times, locations, pesticide trade name, EPA registration numbers, authorized uses, chemical composition, formulation, original and applied concentration, application rates of active ingredient (i.e. pounds of active ingredient applied), equipment used for application, calibration of equipment and departures from the manufactures specifications. Federal, State, Regional and Local pest management record keeping and reporting requirements as well as any additional Project Office specific requirements shall be fulfilled. All employees shall read and comply with all Safety Data Sheet(s) (SDS) and work related materials before usage. SDS information shall remain on site. Additional environmental protection requirements; Storage, fueling and lubrication of equipment and motor vehicles must be conducted in a manner that affords the maximum protection against spill and evaporation. Manage and store fuel, lubricants and oil in accordance with all Federal, State, Regional, and local laws and regulations. Used lubricants and used oil to be discarded must be stored in marked corrosion-resistant containers and recycled or disposed in accordance with State, and local laws and regulations. All project materials shall be recycled to the extent possible. Solid waste generation shall be minimized throughout the duration of the project.
