Attachment B - PWS QASP_Boone_Creek_NNIS.docx

Boone Creek NNIS Contract

Introduction/Background The Hoosier National Forest is in south-central Indiana and contains approximately 203,000 acres of National Forest System (NFS) lands. The two zones are the Brownstown Ranger District and the Tell City Ranger District. Brownstown Ranger District includes Brown, Jackson, Lawrence, Martin, Monroe, and Orange Counties. Tell City Ranger District includes Dubois, Crawford, Orange, and Perry Counties. Prior to the acquisition of lands by the Forest Service, nearly all forests had undergone repeated clearing to create small farms, logging, burning, and grazing by domestic livestock. This history of disturbance has contributed both directly and indirectly to the establishment of non-native invasive plant species (NNIS) throughout the Hoosier. The primary objective of this solicitation is to remove or reduce the vigor and size of invasive plant populations, thereby minimizing the threat to native plant communities and wildlife.

General Treatment Specifications The treatment for various patches of NNIS will depend on factors such as, location, patch size, the response of invasive species to the seasons, concentration of NNIS, and surrounding vegetation. NNIS plant treatments may include the use of hand methods, machinery, and chemicals to eliminate NNIS when possible or at least appreciably reduce their presence in the treatment areas. Only the use of Environmental Protection Agency (EPA) approved, non-restricted use chemicals are to be used. Other EPA approved herbicides may only be acceptable with prior approval of the contractor officer representative (COR).

The Contractor shall provide all expertise, labor, supervision, services, herbicides, carriers or adjuvants, materials, equipment, tools, supplies, transportation, licenses, permits, worker personal protective equipment (PPE), and incidentals necessary to perform the required work, for which the desired outcome is in strict accordance with the standards in the contract. The Contractor shall perform and accomplish the work in accordance with all applicable federal, state, and local laws, regulations, and ordinances. Contractors shall use selective herbicides or a selective method to reduce to surrounding non-target vegetation. The Scope of Work will list any additional necessary requirements.

Herbicide applicators shall use typical herbicide concentrations according to all EPA approved manufacturer herbicide directions. The Contractor will mix herbicides in accordance with manufacturer’s instructions and any applicable laws or regulations. Application operations shall be conducted as indicated on the herbicide label, including approved concentrations, rates/acre, and environmental conditions. Only chemicals for aquatic use in or adjacent to streams shall be used whenever directed at or adjacent to waterways and wetlands such as the aquatic formulation of glyphosate (Rodeo ® or equivalent product).

The Contractor is responsible for the cleanup of any spills and will notify the COR immediately of any spills that occur. The contractor must have herbicide labels and copies of material safety data sheets (MSDS) of chemicals used on site. The contractor must provide copies or notification by telephone or email of herbicide labels and MSDS of chemicals to the COR prior to the start of work.

This contract does not allow any indiscriminate broadcast applications or aerial spraying. Where appropriate, vehicle or ATV/UTV/OHV mounted sprayers is permissible to apply herbicides in designated old fields or grassland openings, and along roads. Other spot spraying, typically involves the use of backpack sprayers or other hand techniques, and along some wider trails ATV/UTV/OHV mounted sprayers is also permissible. Use of suitable dye is required to indicate where applicators have sprayed or used herbicides. Contractors cannot use ATVs with liquid cargo tanks exceeding 15 gallons.

For foliar herbicide application during the growing season, the contract will require the use of selective herbicides or a selective method of application to reduce effects to the surrounding non-target vegetation. Foliar herbicide application will occur mainly after full leaf expansion and applicators will apply herbicides in a systematic fashion to provide coverage to the entire NNIS infestation. Contractor shall apply foliar spray in such a manner to thoroughly wet foliage, but not to the point of runoff to avoid harm or mortality to desirable non-target plant species. Other work may involve NNIS control of woody shrubs, trees, and woody vines by using a combination of herbicide treatment and mowing or cutting.

Contractor will place caution signs around the sprayed areas according to the appropriate interval per label directions of the chemical used in application areas where the public may have contact with herbicide (e.g. trails, parking areas). Where necessary per label directions, caution signs may include a temporary closure of treatment areas.

Contractor will conduct treatments to at least 90-95% of the specified project area(s) of the target NNIS infestation(s) as identified in the Performance Work Statement and Quality Assurance Surveillance Plan. Contractor will conduct treatments at a sufficient interval and concentration to meet or exceed the kill rate ranging from 85-90% for target NNIS infestations, and with no more than 10-15% mortality to nearby or interspersed desirable non-target native plant species because of inadvertent treatment or overspray of herbicides (refer to Quality Assurance Surveillance Plan); or values specified in the Performance Work Statement.

The Contractor shall progressively accomplish the work at a rate that will result in completion of the work within the time specified as determined by the final accepted work schedule for the awarded contract.

Forest Service COR or Contract Inspectors may conduct visual inspection of NNIS treatments on site to check on their progression to ensure the Contractor is following the specified requirements of the contract. The COR may conduct random inspections and sampling to verify acceptable kill rates to target NNIS infestations and mortality to non-target desirable native plants. At the discretion of the COR, the Forest Service will accept work based on visual inspection, to confirm kill rates to both target NNIS species and non-target native plant species.

All herbicide applicator staff must be able to identify target NNIS plant species in the field, including during dormant seasons, to a sufficient degree without exceeding the maximum acceptable levels of mortality to desirable non-target native species and to meet minimum kill rates to target NNIS infestations (refer to Quality Assurance Surveillance Plan).

Recordkeeping and Daily Logs/Diary Minimum record requirements include copies of hazardous material handling certificates, copies of safety data sheets (SDS) of chemicals used, and the location of the waste site and/or use destination locations. SDS and product label must be provided to the COR digitally before work begins.

Contractor will maintain an accurate daily treatment log of work activities and chemicals applied in treatment areas per contract, with a copy made available to the COR at billing or upon request. At a minimum, the Contractor shall provide to the COR, a copy of the daily treatment log no later than upon submission of the final invoice. When invoicing for partial work payments, the Contractor shall provide information from the daily diary regarding the herbicide treatments done for the relevant specific contract line items. The daily log must record the Contract Line Item, target NNIS species’, chemical used (product name), quantity of herbicide (volume applied & unit of measure per each target NNIS species’ –including product and carrier/dilutant), application rate (active ingredient applied & unit of measure or percent solution), and adjuvant used (product name & rate applied, if any). The log will record weather information consisting of wind velocity (MPH), wind direction, air temperature (F), condition (cloud cover), and precipitation (inches). Other log requirements include date, time of day (start time and stop time), treatment location, approximate acres treated, hours to complete task, type of application (method/technique), name of licensed commercial applicator, other licensed applicators and non-certified applicators, type of equipment used, plus optional information such as any other miscellaneous notes or observations.

Equipment Cleanliness Prior to starting work, the Contractor must clean all equipment used in NNIS control activities before entering the treatment areas. Project COR will inspect equipment on-site and may require further cleaning before moving to another treatment area as needed. Equipment must also meet FS fire and safety requirements. Equipment is to be inspected by the COR before work can begin. Equipment inspections must be scheduled with the COR a minimum of three business days prior to the requested date of inspection.

Cultural Resources If artifacts or cultural materials are discovered during project implementation, cease work and notify the COR, and the heritage resource specialist at 812-276-4748. If human remains are discovered, cease work, notify the COR, the heritage resource specialist, and secure the area.

Licensing and Certification The Contractor and/or whoever will supervise the herbicide treatment must possess a current Indiana commercial pesticide applicators certification and license at the time of any herbicide treatments. Most contracts will require work under category 2 (Forest Pest Management), which is applicable for all treatments on the Forest.

The Contractor must also possess a current Indiana Commercial Pesticide Business License. Information on Indiana pesticide certification is available at http://www.isco.purdue.edu/.

The Contractor, or subcontractor, shall ensure that there is either an Indiana pesticide licensed applicator on-site at all times of treatments or ALL on-site personnel applying herbicide MUST be registered technicians AND have access to immediate voice communication by telephone or radio with the licensed supervisor.

Inspections The Contractor may set up the Work Plan and Schedule to include interim inspections; however, interim inspections will only be done upon completion of at least one line item (CLIN). The Contractor shall complete the CLIN work according to the approved Work Schedule then request an inspection by the COR. Contractors are reminded that some work, such as herbicide application, cannot be immediately inspected, because an appropriate time interval must pass before determining whether the AQL has been met.

Invoicing Invoicing is tied to successful inspection of work. The Contractor may only invoice after the COR has inspected the line item(s) work and the work is determined to have met the AQL. This applies to both interim and final payments.

Contractor invoices: Invoices shall be submitted in arrears; no advance payments will be authorized. Unless otherwise noted, contractors shall submit invoices for payment as follows:

A. If the work performance period cited in the individual contract is 30 days or less, the contractor shall submit an invoice to the government at the end of the performance period. No partial payments are authorized.

B. If the work performance period cited in the individual contract is greater than 30 days partial payments may be authorized on a monthly basis and upon acceptance of the work.

All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP.

Safety Plan The Contractor will provide a written safety plan that demonstrates how the contractor will ensure a safe work environment for themselves, their employees. The safety plan should include: 1) a chemical spill plan documenting internal procedures, in the event of a pesticide spill on-site or in transport, 2) documentation to substantiate that the Contractor has an ongoing safety training program, 3) documentation regarding any Occupation Safety and Health Administration (OSHA) actions/citations issued against the Contractor within the previous three (3) years, to include follow-up measures or remedies taken by the Contractor. The same safety plan information is required of subcontractors.

ATV/UTV Use Wet weather conditions may preclude the use of vehicles and all-terrain vehicles (ATVs), utility terrain vehicles (UTVs) or off-highway vehicles (OHVs) in off road areas along trails or fields for indefinite periods or possibly the entire area at certain times of the year. The COR will determine those conditions or locations that warrant cessation of vehicle or ATV/UTV/OHV use.

Contract Line-Item Treatment Categories:

Foliar Herbicide Treatment Category - Herbaceous Flowering Plants, Grasses, and Vines/Semi-woody Vines: Open Land NNIS and Roadside Grasses – (Non-selective Herbicide and/or/in combination with Selective Herbicide):

Contractor shall apply foliar herbicide in specified locations and times as identified. Typically, work done in these areas is for treatment of smaller scattered infestations and/or NNIS populations that are interspersed with desirable native plant species. Work done in these areas is in selected areas of infestations of NNIS where herbicide use could occur throughout the year. However, if the PWS includes treatment in grasslands, some areas may have restrictions prohibiting herbicide application from April 1st to July 31st to avoid direct effects on ground nesting birds.

Contractor will apply herbicide at a sufficient interval and concentration to meet or exceed the kill rate on target NNIS infestations and not exceed the maximum specified mortality to non-target plant species as indicated on PWS. As indicated, most treatments would occur in grassland areas or along trails and roads in either groups or singular infestations. Because species in this line-item category exist primarily in a monoculture or isolated individuals and groupings the potential for harmful overspray is on the periphery of the treatment areas.

Depending on the location, extent and size of the infestation, the contractor may use either backpack sprayers and hand techniques and vehicle or ATV/UTV/OHV mounted sprayers to apply herbicides in old fields and openings. Other work will occur mainly along roads and trails. Foliar herbicide application will occur only after full leaf expansion.

Typically, the Contractor will apply non-selective herbicide such as glyphosate (Roundup ® or equivalent product) in these NNIS infestations and/or use selective herbicide such as (Plateau ® or equivalent product) for control of tall fescue and other NNIS plants. Another option is to use a combination treatment of both non-selective and selective herbicides to meet the objectives. Other EPA approved herbicides may be acceptable with prior approval of the COR.

Interior Forest and/or Roadside Grass NNIS - (Selective and/ or Non-selective Herbicide):

Contractor shall apply foliar herbicide in specified locations and times as identified. This work is for spot-spraying treatments of small infestations using backpack sprayers and hand techniques. Generally, this spot treatment would occur within 1000 feet of roads, trails, openings, and in riparian areas or as specified in the SOW.

Contractor will apply herbicide at a sufficient interval and concentration to meet or exceed the kill rate on target NNIS infestations and not exceed the maximum specified mortality to non-target plant species.

Typically, for most work, the contractor will apply selective herbicide such as sethoxydim (Poast ® or equivalent product). Contractor may apply non-selective herbicide such as glyphosate (Roundup ® or equivalent product) in some dense NNIS infestations as indicated in the SOW. Where appropriate near streams, the Contractor shall apply the aquatic formulation of glyphosate (Rodeo ® or equivalent product). Other EPA approved herbicides may be acceptable with prior approval of the COR.

Definitions:

1. Contracting Officer: A Forest Service employee with the authority to: enter into, administer, and terminate contracts, as well as issue determinations regarding such matters as claims.

2. Contracting Officer’s Representative (COR): A Forest Service employee that is appointed and officially designated by the Contracting Officer to assist the Contracting Officer with the technical matters related to contract administration. The COR will assist the Contracting Officer with surveillance of contractor performance.

3. Forest Service Inspector: A Forest Service employee designated by the Contracting Officer or COR to perform surveillance of contractor performance.

4. Acceptable Quality Level (AQL): A suitable level of conformance based on an established percentage of defects.

5. Quality Assurance: Those actions taken by the Forest Service to assure services meet specified requirements.

6. Quality Control: Those actions taken by a Contractor to control the performance of services so that they meet the specified requirements.

7. Performance-Based Service Contract (PBSC): A contract which incorporates a results-oriented statement of work, describing the overall work to be accomplished (outcome/result), rather than explicitly describing how the tasks should be performed, to accomplish the work.

Attachment B - Performance Work Statement (PWS)/QASP 2

Performance Work Statement and Quality Assurance Plan:

Contract Line-Item No. – Work Requirement

Open Land and/or Roadside NNIS

No more than 10-15% mortality to nearby or interspersed desirable non-target native plant species.

AQL determinations are made by the COR upon inspection of the work.

These determinations are unilateral and not protestable.

Minimum 90% kill of target NNIS infestation(s)

AND

Less than 15% mortality to non-target plant species’; or values specified on the SOW.

Visual

Interior Forest and/or roadside grass NNIS

No more than 10-15% mortality to nearby or interspersed desirable non-target native plant species.

AQL determinations are made by the COR upon inspection of the work.

These determinations are unilateral and not protestable.

Minimum 90% kill of target NNIS infestation(s)

AND

Less than 10% mortality to non-target plant species’; or values specified on the SOW.

Visual

Schedule (non-Line Item)

AQL determinations are made by the COR upon inspection of the work.

These determinations are unilateral and not protestable.

*Meeting the AQL for Line Items: Exceeding the specified mortality value to non-target desirable plants, will result in the Contractor(s) not meeting all elements of the AQL values and not receiving payment. Contractor(s) must reapply the required herbicide, or mechanical work, at their expense upon failure to meet AQL values at the final inspection for each contract line item where the work performed failed to reach the minimum acceptable target kill ratio of the NNIS infestation(s).

Performance Work Statement and Project Specifications for Boone Creek NNIS:

General Requirements:

The initial draft specific Work Plan and Schedule will indicate how the Contractor intends to meet the required Acceptable Quality Level (AQL) values, as well as the contract specifications, within the time allotted. The Work Schedule will provide dates of work for each Contract Line-Item Number (CLIN) addressed, to include completion of all work before the required final date specified. The Contractor shall inform the COR of completion of each contract line item.

Upon issuance of the contract, the Contractor will then submit a final site-specific Work Plan and Schedule, including any changes in values or proposed chemical differing from the initial Work Plan for approval by the COR. The Contractor will inform the COR of any relevant changes to the technical specifications when performing work under the contract. The contractor will submit a Work Plan and Schedule, which optimizes the effectiveness of the foliar application for each target NNIS species as specified by the individual Contract Line-Item Numbers (CLIN).

As specified, the contractor will complete a daily dairy with information requested for each contract line item (CLIN) and provide a copy to the COR no later than with the final invoice.

The performance period for the Boone Creek contract line items (CLIN) is approximately 3 months beginning on June 3, 2024, and concluding on September 20, 2024, upon issuance of a Notice to Proceed. The performance period is inclusive of the time required for the contractor to submit all technical documentation, as well as the time for Forest Service review and subsequent approval of all required technical submissions.

Open Land and/or Roadside NNIS – Contract line item (Base Line Item 1) is to be treated twice during the contract time frame. The timing of treatments are to be done at an interval most optimal for control. The foliar herbicides applied can be different for the two treatments. The first application is to include an herbicide that provides residual control. The entire wildlife opening shown on the attached map is to be sprayed via broadcast methods and the herbicide chosen must provide for the control of Sericea Lespedeza, Japanese Stilt Grass, Carpet Grass (Arthraxon hispidus) and Johnson Grass. The intent is to control invasive plants and prepare the area for native seed drilling at a later date. Please provide a description of when, and with what herbicides, the infestations will be treated in the initial draft Work Plan. Use of ATV/UTV/OHV and other equipment is allowable. A knowledge of the local flora will be necessary in order to discern between the invasive species and the desirable native plant species.

Interior Forest and/or Roadside NNIS - (Selective and/ or Non-selective Herbicide):

-Optional Line Item Boone Creek: Contractor shall apply one foliar herbicide treatment to Japanese stilt grass (Microstegium vimineum) and carpet grass (Arthraxon hispidus) along Mt Pleasant Road and adjacent interior forest areas as specified on the attached maps. This work is for spot-spraying treatments of small infestations using utv’s, backpack sprayers, and hand techniques. Foliar application will occur during the summer of 2022 while stilt grass is actively growing but before seed production begins. The project area lies within a designated Hoosier National Forest Special Area that contains rare plant species. The control work occurs adjacent to a wildlife opening, along a roadside, next to a stream, and in interior forest areas. Target NNIS plants occur in scattered individuals or clumps and in combination with desirable native species. Careful application of herbicides and minimizing any inadvertent harm by possible overspray or equipment use is necessary to provide protection to existing desirable native plants.

As in prior years’, because of the potential for possible inadvertent harm or death to both desirable and rare plant species during herbicide application and when operating equipment, it is critical that herbicide applicators have good plant identification skills and experience in performing similar work for those personnel working on this specific contract.

*Any/all optional line items within this contract may or may not be exercised at the discretion of the COR based on availability of funds.

Contract Line Items:

Boone Creek NNIS Schedule of Items Invasive Plant Control

Boone Creek NNIS Description and Contract Line-Item Numbers (CLINs)

1. Boone Creek NNIS (Base CLIN1)– Open-Land NNIS Control – (Foliar Herbicide Application)

Treatment of the area is to occur two times within the contract time period.

2. Boone Creek NNIS (Optional CLIN2)– Roadside/Creekside/Interior Forest NNIS Control – (Foliar Herbicide Application)

Treatment of the area is to occur one time within the contract time period.

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