Attachment 1 - Performance Work Statement.10.13.pdf

PERFORMANCE WORK STATEMENT

Hamilton City Phase 2B Restoration

Oak Seedling October 13, 2021

1. INTRODUCTION:

This contract is for the acquisition of 8,200 Quercus lobata (Valley Oak) plants in 168 cubic inches container size. Approximately 12,000 acorns will be provided by the Government for propagation to the contractor. Acorns were collected, sorted for quality end of summer and early fall 2021.

2. PRICING SCHEDULE: See attachment

3. GENERAL INFORMATION:

This is a supply-based plant acquisition contract for the Hamilton City Phase 2B Restoration Project. The major work elements described herein includes;

propagation, growing, maintenance and plant delivery. Tasks, includes, sowing, watering, weeding, and maintaining overall seedling health to foster proper development. The overall responsibility of the Contractor is to plan, coordinate, organize, manage, and perform the activities described herein.

The purposed of this contract is to supply 8,200 plants to the project site as specified in Section 4 below and in Table B TARGET PROJECT SCHEDULE.

Pre-screen candidates using E-Verify Program. Proposed language: "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 COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

4. BACKGROUND, SITE LOCATION, AND ACCEPTANCE CRITERIA:

a. Background & Location: This site is separated into two locations, first is located along the Sacramento River in Glenn County, CA, Between Irvine Finch River access and Dunning Slough and just north of HWY 32 adjacent to Irvine Finch Boat Ramp.

b. Acceptance Criteria:

• All plant material must be in the amount, proper species, container size, and to the heights specified in the Plant Growth Standards in Attachment A Section 32 93

15 PLANT ACQUISITION.

• Each container must be labeled. Label must be water proof, UV resistant and state plant species botanical and common name.

http://www.uscis.gov/e-verify

• All plant material must be disease and pest free.

• Plant material must not be trimmed in any way.

• Plant material rootball must be well developed with rootlets and the soil bond within the rootball must remain intact when it is removed from its container.

5. DEFINITIONS:

• CONTRACTOR: A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

• CONTRACTING OFFICER (KO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and finding on behalf of the Government. Note: The only individual who can legally bind the Government.

• CONTRACTING OFFICER’S REPRESENTATIVE (COR): An employee of the U. S. Government appointed by the Contracting Officer to administer the contract. Such appointment will be in writing and state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding or schedule implications. This individual does NOT have authority to change the terms and conditions of the contract.

• GOVERNMENT: Referenced within this performance work statement is the U.S. Army Corps of Engineers, Sacramento District.

• DELIVERY PERIOD (DP): Is the amount of time indicated to perform all seedling delivery requirements. The DP begins when the seedlings are scheduled for delivery and continues until the seedlings have been delivered and an SA has been issued.

• MAINTENANCE: Maintenance tasks include; watering and weeding seedlings at the nursery and the transplanting site and erosion control repair and reseeding at Elderberry relocation site.

• POINT OF CONTACT (POC): The person designated by the Contractor as the point of contact for specific matters.

• PROPAGATE: verb; to produce a new plant; the tasks required to nurture a propagule until it develops into a seedling.

• PROPAGATION PERIOD (PP): Is the amount of time indicated to propagate collected propagules and to perform all propagation requirements.

• PROPAGULE: noun; a structure (as a cutting, seed, or spore) that produces (propagates) a plant (seedling).

• SEEDLING ACCEPTANCE (SA): When all seedlings have been propagated to meet quantity, quality, and container size requirements and have been successfully delivered to the project site. SA occurs at the project delivery site.

• SUBCONTRACTOR: One that enters into a contract with a prime Contractor

6. PROJECT SCHEDULE:

The Contractor must develop a schedule and submit to the Contracting Officer for approval. The schedule must be submitted at the pre-work meeting or 30 calendar days from award of contract, whichever occurs first.

Target Project Schedule Sample

Task Calendar Days

Start-Completion Date

Contract Award 1 1/21/2022 Propagation, Growing and Maintenance 364 1/21/2022– 1/21/2023 Deliver Plants to Hamilton City Phase 2B Site 61 10/1/2022 – 1/21/2023

Option 1 - Seedling Maintenance 90 1/21/2023 – 4/21/2023 Option 2 - Seedling Maintenance 90 4/21/2023 – 7/21/2023

7. DESCRIPTION OF SUPPLY:

Provide all specific plants required to the standards of American Standard for Nursery Stock, quantity of 8,200 Quercus lobata (Valley Oak), container size 168 cu inches to the specific project site. The contractor is responsible for propagating, growing and maintaining sufficient quantities of acorns to account for normal nursery mortality and disease, to ensure delivery of the required quantity of seedlings, in the specified condition, at no additional cost to the government.

8. PROGRAM OBJECTIVES:

a. Advanced notification prior to delivery of Government provided acorns to the COR detailing date, time, and location of delivery. Furthermore, if Contractor deems 12,000 Government provided acorns are inadequate to provide the minimum plant quantities, the contractor may source additional collection of propagule within 30 miles of the project site and provide COR advance notice where material collection will be occurring. Identify the seedling nursery location and infrastructure locations along with propagule harvest and storage practices.

Acquire Acorns: Acquire acorns collected from within the central valley of California. For propagules collected on public lands, verify with the maintaining agency prior to collection of any propagules and acquire permissions. Acorns must be valley oak (Quercus lobata) and must be collected from numerous individual trees.

b. Propagating Seedlings: Seedlings must be separated into groups by species and individually labeled. All seedling containers must be 90% weed free at delivery. See Attachment A Section 32 93 15 PLANT ACQUISITION for detailed requirements.

c. Plant Delivery: See project schedule for delivery times. Deliver seedlings to the project site in the required sized nursery container where indicated herein. Delivery must be coordinated between the nursery, installation Contractor, and the Government.

9. CONTRACT OBJECTIVES:

• The minimum life of the contract is one base period. The maximum life of the contract, including any options, must not exceed 548 days.

• Acorn Acquisition: identify source and where propagules were collected (harvested) and then execute the acquisition.

• Seedling development: Final seedlings container size when plants are delivered to the site must be as specified, Quercus Lobata (Valley Oak) quantity of 8,200 in 168 cu inches containers and as per Attachment A Section 32 93 15 PLANT ACQUISITION. Label, water, and maintain to foster healthy growth.

• Plant Delivery: Deliver all seedlings to Hamilton City Phase 2B Restoration Site, Hamilton City, CA within the window of time specified. Time and exactly location on the site to be specified by the COR.

• Plant Survival Requirements: Contractor must meet 100% of plants, 8,200 Quercus lobata (Valley Oak) container size of 168 cu inches required and 100% based on Attachment A Section 32 93 15 PLANT ACQUISITION.

10. INSPECTIONS:

a. The COR will inspect the growing propagules at random intervals at the Contractor’s nursery, through the life of the contract.

b. Bimonthly 30-minute meeting via phone to discuss plant progress, status, and any issues and concerns between contractor and COR. Contractor to provide call-in number.

11. AUTHORITIES/TECHNICAL DIRECTION:

The Contractor must take no direction from any Government employee or any other person other than the Government Contracting Officer that changes the terms and conditions of this contract action, the scope, or any change that impacts the cost, price or schedule. Changes authorized by the Contracting Officer will be in the form of a written, official, signed modification to the contract action received by the Contractor before the Contractor will act upon those changes. The Contractor will comply with the Changes clause of this contract when the contractor believes direction has been given from persons other than the Government Contracting Officer that equate to a change by notifying the Contractor Officer as directed by the clause. Any direction given by any Government employee or any other person outside their authority must be reported to the Contracting Officer. Contracting Officer’s Representatives are limited to the authorities stated in the COR appointment letters

12. PAYMENT AND INVOICES

Invoices must be submitted no more often than quarterly. Each line item on an invoice must give a detailed description of the contract line item number (clin). Upon receipt, the Contracting Officer will certify that the requested earnings are appropriate before payment will be made. Invoices must include all necessary information, including any necessary supporting documentation required as part of this Performance Work Statement. All invoices must reflect the contract number W91238-XX-X- XXXX, see Blank 2 of the Standard Form 1449. The final invoice must be marked “FINAL.”

Copies of all invoices must be provided to the following:

• A “draft” invoice must be emailed to Thomas.C.Savage@usace.army.mil prior to the original invoice is sent to Millington. This representative will inspect completed work as stated on the invoice and then submit to the Contractor a confirmation notice or temporary denial of payment until work is completed. After the Contractor has received the approval by the Contracting Officer’s Representative named above, the approved original invoice may then be mailed to the payment center in Millington, Tennessee.

• Original invoice only without additional information or supporting documentation must be mailto:Thomas.C.Savage@usace.army.mil submitted to:

USAED, FINANCE CENTER ATTN:

CEFC-FP

5722 Integrity Drive Millington, TN 38054-5005

• Electronic copy of each invoice with all required information including any necessary supporting documentation:

U.S. Army Corps of Engineers Attn: Thomas Savage Electronic copy only Send to Thomas.C.Savage@usace.army.mil

Each invoice must be provided with a date, a unique invoice number, contract number, company name, USACE Project Name, as well as, CLIN number, task description, and amount being billed against. It also must include a billing summary history of all preceding invoices billed.

13. PERFORMANCE ASSESSMENT PLAN:

1. Monitoring Performance. During the course of the evaluation period, the COR will track Contractor performance. Interim (mid-term) evaluations may be provided to identify strengths and weaknesses in the Contractor's performance during the period being evaluated. At the end of the period, the COR will assess the Contractor's performance in accordance with the Quality Assurance Surveillance Plan (QASP) and report to the Contracting Officer.

2. Contractor Self-Assessment. Following each evaluation period, the Contractor may provide a written self-assessment of its performance to the COR to be considered in its report to the Contracting Officer. The self-assessment shall be submitted not later than 5 working days after the end of each evaluation period. The self-evaluation shall not exceed 1 page per PRS element. The self-assessment shall address both the strengths and weaknesses of the Contractor's performance during the evaluation period. Where deficiencies in performance are noted, the Contractor shall describe the actions planned or taken to correct such deficiencies and avoid their recurrence. The self-assessment itself will NOT be the basis for the payment re-calculation determination.

3. COR Recommendation. The COR will consider all evaluations and any other pertinent information, including Contractor self-assessment, and will prepare a report to the Contracting Officer with findings and recommendations. The Contractor will be provided a copy of the draft findings and recommendations of the COR and will be afforded the opportunity to identify factual errors. The COR's draft recommendation is not subject to negotiation and the COR will not engage in discussions with the Contractor. Any errors identified by the Contractor will be addressed by the COR in its final report. The Contractor will be provided a copy of the final COR report at the same time the report is submitted to the Contracting Officer.

4. Payment Determination. The Contracting Officer may meet with the COR to discuss the COR's report. The Contracting Officer will make a final determination in writing as to the percentage of work successfully completed, and the resulting payment to be made. A copy of the determination mailto:Thomas.C.Savage@usace.army.mil will be provided to the Contractor no later than 45 calendar days after the end of the period being evaluated. All Contracting Officer decisions regarding payment re-calculations are unilateral decisions made solely at the discretion of the Government.

5. Payment Re-Calculations. Notwithstanding any other clause of this contract, payment re-calculations will be made within the later of 60 days after the end of the evaluation period or 30 days after receipt of an approved invoice.

6. The Quality Assurance Surveillance Plan is one evaluation method the government uses to surveillance performance to determine whether the Contractor meets the standards of performance as defined in the PWS. The absence of a QASP for any contract requirement, however, shall not detract from its enforceability or limit the rights or remedies of the government under any other provision of the contract in determining the quality of the Contractor performance.

QUALITY ASSURANCE SURVEILLANCE PLAN

The QASP will consist of periodic inspections conducted by the COR or his/her designee. A surveillance report will be prepared by the KO and forwarded to the Contractor. The Contractor shall respond to any complaints and/or ratings of poor performance within five (5) calendar days, after receipt of the report.

Performance Requirement Summary (PRS)

Acceptable Quality Level Means of Measurement

Seedling/sapling development 100% of oak saplings are planting in proper container fostering healthy growth

Inspection by COR (Government)

Attachment A

Section 32 93 15

PLANT ACQUISITION

Table of Contents

Part 1 – GENERAL

1.1 Description

1.2 Definitions

1.3 Minimum Qualifications

1.4 Performance

1.5 Quality Control

1.6 Inspections

1.7 Times and Conditions

1.8 Measurement and Payment

Part 2 – PRODUCTS

2.1 Plant Material

2.2 Growing Containers

Part 3 – EXECUTION

3.1 Examination

3.2 Collection

3.3 Nursery Operations

3.4 Handling and Storage

3.5 Shipment and Delivery

3.6 Disposal of Undelivered Plant Material

Table

Table B-1 Container Top Growth Standard

Section 32 93 15

PLANT ACQUISITION

Part 1 - GENERAL

1.1 DESCRIPTION

Furnish all labor, material, equipment, and services necessary to provide complete collection, propagation, maintenance, storage and delivery of plant material, according to this Scope of Work and as directed by the Contracting Officer.

1.1.1 Project Site

The project site is located at: This site is separated into two locations, first is located along the Sacramento River in Glenn County, CA, between Irvine Finch River access and Dunning Slough and the second is just north of HWY 32 adjacent to Irvine Finch Boat Ramp.

1.1.2 Acorn Collection Zone

Acorns must be collected from within the central valley of California. The Contractor is responsible for identifying collection sites or source for approval by the Contracting Officer before the start for any additional material collection beyond acorns the Government is providing. The Contractor is responsible for obtaining approval from property owners before accessing their land for plant collection purposes. The Contractor must perform in conformance to all rules and regulations of governing agencies and private parties having authority over the collection areas.

1.2 DEFINITIONS

The following terms referenced herein are defined as follows:

1.2.1 Contractor: The nursery contractor awarded herein.

1.2.2 Installation Contractor: A contractor independent of this contract that will receive and install the plants grown by the nursery contractor.

1.2.3 Nursery: The nursery contractor’s location where the plants will be grown and stored.

1.2.4 Project Site: The location where the plants will be installed by the installation contactor.

1.2.5 COR: The Contracting Officer’s Representative.

1.2.6 Government: U.S. Army Corps of Engineers, Sacramento District.

1.2.7 Delivery: The act of transporting the plant material to the project site and placing it in the appropriate delivery area, as coordinated with the installation contractor. Delivery is not complete until the hardening-off requirements have been satisfied.

1.3 MINIMUM QUALIFICATIONS

The plants must be grown at a plant nursery, which performs activities required here with 5 years, minimum, experience in, and have the facilities to perform, collection, propagation, maintenance and storage of the plant material. The Contractor must possess a current California State Nursery License.

1.4 PERFORMANCE

1.4.1 Declaration of Material Availability

The Contractor is responsible for ensuring that sufficient viable propagules for growing the required number plants are available. The Contractor must declare in writing, in his/her bid to the Government, the unavailability of any viable propagule for the indicated species and its resulting impact to on-time delivery. The Government reserves the right to disqualify any bid based on the Contractor’s declaration of the unavailability of plant source material at the time of award.

1.4.2 Warranty

All container grown plants must be guaranteed to be healthy, without insects or disease, and in a vigorous growing condition at the time of delivery.

1.4.3 Plant Growth Standards

The container plants top growth must be in proportion to its root development. The plant must exhibit proper form for each species and meet all the branching standards as indicated herein. Plants that do not meet all the minimum requirements will be rejected by the Government and must be the responsibility of the Contractor to secure acceptable material at no additional cost to the Government.

• Species Form and Top Growth: Tree species must be grown with a single, non-headed leader. The plants top growth must be sufficiently large enough for the specified container it is being grown in. The nursery must time the germination and propagation of the propagule so that it is at the proper size at the indicated delivery time. See Table B-1 CONTAINER TOP GROWTH STANDARD for specific container/species seedling top growth standards. The Contracting Officer may reject undersized and oversized material. The plant must have a main leader with caliper, development and growth so that it is not spindly and is able to support itself in an upright position. The plant must be in a healthy condition without signs of stress, disease, pest or mechanical damage.

• Top Growth Standards: plant species must have top growth as indicated herein for the following container sizes:

Table B-1 Container Top Growth Standard Common Name Botanical Name Container Size Top Growth Container size: 168 CU IN Valley Oak Quercus Lobata 4” SQ x 10” Deep 10-18”

• Root Development: The plants root system must have a main root that is unkinked and free from swirling.

Secondary roots must be well developed and be capable of binding the root and soil mass together and retaining its shape when removed from its container.

1.4 QUALITY CONTROL

1.5.1 Supervision

The Contractor is responsible for direct supervision and actions of the Contractor's personnel and the personnel of any subcontractors. The Contractor must provide all quality control for the deliverables.

1.5.2 Removal of Unacceptable Plant Material

Plant material not meeting the Contracting Officer's approval must immediately be removed from the project site at the Contractor's expense. The Contractor must incur any additional expenses required because of material not meeting the requirements of this Scope of Work.

1.6 INSPECTIONS

1.6.1 Nursery Observations

The COR will conduct visits (at his option) to the nursery to observe the progress of the plants growth and general nursery operations. Additional, informal, visits to the nursery may occur at other times and may be unannounced.

1.6.2 Planting Site Inspection

Immediately after plant material delivery to the project site, the COR, Contractor and the installation contractor must inspect the plant material for injury, disease, and insect infestation. At the Contractor's expense, all plant material problems must be corrected, within 5 working days of the date of the initial delivery.

1.6.3 Plant Approvals

Final approval of all plant material by the Contracting Officer will be reserved until time of delivery at the delivery site. Plants that are substandard in the opinion of the Contracting Officer will not be accepted. The actual number of plants grown will allow for a small amount of destructive sampling for each species at this observation.

1.7 TIMES AND CONDITIONS

The Contractor's strict conformance to the project schedule is essential for the success of this project. The Contractor must be responsible for coordinating and scheduling the collection, propagation, maintenance, storage and delivery of material necessary to complete the work and for ensuring that subcontractors do the same as quickly and efficiently as possible in conformance with the project schedule. The project schedule must be as follows, unless otherwise directed by the Contracting Officer:

1.7.1 Collection Period

The Contractor must collect the material in coordination with the delivery schedule so as to ensure the plants are at the required size and not rootbound at delivery. Plant material must be collected at the first opportunity after contract award when good results can be obtained.

1.7.2 Growing Period

The Contractor must time the plants propagation to ensure the plants are at the required size at delivery. Each species growth rate and required container size at delivery must be considered when the propagule is germinated and/or transplanted to final container sizes.

1.7.3 Delivery Period

See Supply Work Statement, Table 2 TARGET PROJECT SCHEDULE

1.8 PAYMENT

See Supply Work Statement, paragraph 12 Payment and Invoices.

Part 2 – PRODUCTS

2.1 PLANT MATERIAL

2.1.1 Plant Species and Quantities

The Contractor is responsible for providing each of the following species at the quantities and in the container sizes as indicated in PWS.

2.1.2 Substitutions

Substitutions will not be allowed, unless, approval is given in writing by the Contracting Officer. It is the Contractor’s responsibility to document why they were not able to secure the required amount of plants and/or species and submit to the Contracting Officer. The Contractor must make recommendations of substitute species to be used and where they can be secured.

2.2 GROWING CONTAINERS

Provide, grow and deliver plants in commercially available containers made of durable plastic fabrication and designed to create a deep root system. Containers must have interior vertical ribs that train roots downward and guard against swirling. The bottom of the containers must be have a bottom with large open space for air-pruning.

Substitution of container type and size must be subject to approval by the Contracting Officer’s Representative.

Container sizes referenced herein must be as follows:

2.2.1 Treepot4s

Treepot4s must have a capacity of 168-173 cu.in, and be 4" sq x 14" depth.

2.2.2 Deepot40s

Deepot40s (D40) must have a capacity of 40 cu.in, and be 2.5” dia. and 10” depth.

2.2.3 Treebands

Tree Bands must have a capacity of 20 cu. in., and be 2.25" sq x 5" depth.

Part 3 – EXECUTION

3.1 EXAMINATION

3.1.1 Verification of Collection Site Conditions

Determine and verify collection site conditions before the start of collection for any material above what Government is providing. Adjustments necessary to accommodate or to minimize impacts on these conditions must be made at the Contractor's expense.

3.2 COLLECTION

3.2.1 Site Access Approval and Permits

The Contractor must be responsible for obtaining and paying all fees for site access and any plant collection permits required for this project.

3.2.2 Collection Procedures and Methods

Plant material may be collected, 12,000 acorns will be supplied by the Government, and propagated according to standard collection, propagation, and nursery standards. Plants must be nursery grown of healthy, vigorous stock free of insects and disease. At the time of collection, cutting material must be marked and bundled by species, to differentiate plant species at the time of planting.

3.2.3 Material Sources

The Contractor is responsible for additional acquisition of required propagules if quantities above Government furnished acorns are deemed necessary. Propagules must be collected from multiple representative material sources to ensure the genetic diversity and viability of the material. The Contractor must select appropriate material for propagation of the required plants. Diseased and unhealthy donor material must be avoided. The Contractor’s collection efforts must leave minimum impacts to source sites. At no time must material sources be denuded of plants or stripped of all seed. If the timing is not right for viable acorn collection, or if suitable acorns collected by others are not available the Contractor must coordinate and get permission with the COR prior to any cutting collection.

3.2.4 Collection Site Cleanup

The Contractor must clean up all areas of debris that was caused by their plant material collection operations or disturbed as a result of their presence. Upon completion of their operations, the Contractor must remove any debris, excess material and dirt, and extraneous equipment resulting or used during their operations.

3.2.5 Dust Control

The Contractor must perform a good faith effort to minimize the creation of dust at all times during collection operations. At no time must vehicles or equipment exceed a speed that causes dust disturbances to the adjacent properties.

3.3 NURSERY OPERATIONS

3.3.1 Growing Conditions

The Contractor must provide all housing, equipment, materials, nutrients, water, propagule and care to ensure each plant develops properly. The plants must be grown in a nursery environment, which has proper housing and shade structures for propagating each required plant material. Plants must be grown in such a manner to allow air pruning of roots emerging from container bottoms.

3.3.2 Insects and Disease

All plant material must be free of insects and disease. If a target species is prone to disease, extra effort in surface cleansing during preparation may be requested to retard infection. Routine surface cleaning of collected material is expected.

3.4 HANDLING AND STORAGE

3.4.1 Handling Material

At all times, the Contractor must handle all material professionally to ensure that the plants and planting supplies are not damaged during storage, handling, and shipping.

3.4.2 Nursery Storage

Before delivery, all plants must be stored in such a manner to prevent damage from sunlight; moisture, or contact with vehicles, equipment and tools. Shade, frost, and wind protection must be used if necessary to protect the health of the plants. Plants must be maintained and kept in healthy condition at all times.

3.5 SHIPMENT AND DELIVERY

3.5.1 Delivery Responsibility

Deliver the plants to the project site. Upon delivery to the project site, all plant material will be observed by the COR to prevent the acceptance of damaged or otherwise unsuitable plant material. Plants must be delivered in the containers sizes indicated in Attachment A. Unacceptable plant material must be replaced with plants of similar size and species within 5 working days at the Contractor's expense. Anticipate multiple deliveries spaced every two between 1 October 2022 and 21 January 2023. Coordinate specific delivery time and location with the COR.

3.5.2 Delivery Vehicles

Delivery vehicles must have closed beds to minimize windburn to plant material during transport.

3.5.3 Hardening-off Plant Material

Before delivery of the plant material, all plant material must be hardened-off for a minimum of 2 weeks to project site conditions/temperatures. This includes plants grown in shade houses or greenhouses to prevent leaf or stem burn from occurring after delivery.

3.6 DISPOSAL OF UNDELIVERED PLANT MATERIAL

Dispose of all rejected, surplus or unused plants at no cost to the Government. The Contractor must coordinate with the Government prior to taking disposal action.