Attachment B - PWS_QASP_Tipsaw_NNIS.docx

Tipsaw Lake NNIS Contract

Introduction/Background Tipsaw Lake is our most popular recreational lake solely on Hoosier National Forest Property. The 131-acre Perry county lake furnishes a boat launch and beach for recreationists to fish and swim throughout the year. The beach opens on Memorial Day weekend and closes on Labor Day weekend. Hoosier National Forest has spot treated the boat ramp and the beach but the invasive and other nuisance weeds still seem to be prevalent within the lake.

General Treatment Specifications The treatment 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 chemicals to eliminate NNIS Eurasion Milfoil and all nuisance vegetation near the beach and boat ramp. Only the use of Environmental Protection Agency (EPA) approved, non-restricted use chemicals are to be used. All herbicides selected for use by the contractor must be approved by the contractor officer representative (COR) before herbicide application occurs.

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 impacts to surrounding non-target vegetation except at beach and boat ramp where total vegetation control is desired. 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-feet, and environmental conditions.

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 of herbicide labels and MSDS of chemicals used to the COR prior to the start of work.

This contract does not allow any indiscriminate broadcast applications or aerial spraying. Boat mounted applications are permissible.

Contractor will conduct treatments to at least 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 of 90% for target NNIS infestations and 90% for all nuisance weeds at the boat ramp and beach (refer to Quality Assurance Surveillance Plan and attached maps).

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 vegetation. 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 nuisance native plant species.

All herbicide applicator staff must be able to identify target aquatic plant species in the field and be able to apply herbicide in a manner that will not exceed 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 hazardous material handling certificates, safety data sheets (SDS) of chemicals used, daily treatment logs, and the location of the waste site and/or use destination locations. SDS and product label must be provided to the COR 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. The Contractor shall provide to the COR a copy of the daily treatment log no later than upon submission of the final invoice. If invoicing for partial work payments, the Contractor shall provide information from the daily diary regarding the herbicide treatments completed for the relevant specific contract line items being billed for. The daily log must record the Contract Line Item, target NNIS species or nuisance 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 (boat/trailer) 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 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 There should be no issues with heritage disturbances since the equipment and treatment will be done by boat.

Licensing and Certification

The Contractor and/or whoever will supervise the herbicide treatment must possess a current Indiana commercial pesticide applicators Category 5 license (Aquatic Pest Management) at the time of any herbicide treatments. Contractors must apply for an aquatic herbicide treatment permit with Indiana Department of Natural Resources before treating Tipsaw Lake state managed waters.

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. Notify the COR when work is completed and when it is anticipated that enough visible plant mortality will have occurred for the work to be inspected.

Invoicing

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

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.

Boat Use

The boat ramp at Tipsaw can be used for access. It is a no-wake lake with only trolling motors permitted for the public, but an outboard motor could be used for the lake if the operator stays at a no-wake speed. Boat and motor must be clean and inspected by COR or technical FS staff before launching.

Contract Line Item Treatment Categories:

Eurasion Milfoil – Aquatic Herbicide (as needed) - (Selective and/ or Non-selective Herbicide):

Contractor will treat NNIS infested areas of the lake. Work shall occur in specified locations and times as requested in the Performance Work Statement (PWS). Contractor will apply herbicide at a sufficient interval and concentration to meet or exceed the kill rate on target NNIS infestations and nuisance vegetation at ramp/beach and not exceed the maximum specified mortality to non-target plant species in other areas as indicated in the QASP/AQL.

Typically, the contractor will apply selective aquatic herbicide such as (Procella COR, Sonar ® or equivalent product) and/or other non-restricted use selective aquatic herbicides as indicated in the PWS. Other EPA approved herbicides not mentioned may be acceptable with prior approval of the COR.

The beach (Optional CLIN2 mapped as T7) area should be treated to kill all weeds to maintain a safe and open swimming area. Treatment should be done April 15 th to June 30th. Application should be done during the week with low public use attendance. Post survey of treatment needs to be done no later than three months after the initial treatment to ensure initial treatment was affected and to treat any missed vegetation. A post-survey report is required for submission to Technical Project lead contact.

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 – PWS

Performance Work Statement and Quality Assurance Plan:

Contract Line Item No. – Work Requirement

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

These determinations are unilateral and not protestable

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).

Project Specifications for Tipsaw NNIS:

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 diary 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 Tipsaw Lake Eurasian Milfoil contract line items (CLIN) is approximately 4 months beginning on April 15, 2024, and concluding on June 30, 2024, upon issuance of a Notice to Proceed. The performance period is inclusive of the time required for the contractor re-treat the area and to submit all technical documentation.

Eurasion Milfoil/Nuisance Vegetation – boat applied Aquatic Herbicide Applications -Base Line Item and Optional Line Items

Treat mapped areas for Eurasion Milfoil (noted as T1-T6 in attached maps) with extra treatment for nuisance vegetation in T6 around the boat ramp. See attached maps for locations where herbicide applications are to occur. GIS shapefiles are available from the COR upon request.

The optional Line item (CLIN2) is to aggressively treat the area near the beach (Mapped as T7) for all aquatic vegetation. The area should be treated to kill all weeds to maintain a safe and open swimming area.

Initial treatments should be conducted between March 15 and May 15. Application should be done during the week while public usage is low.

Post treatment surveys will need to be conducted no more than 2 months after the treatments are completed to ensure initial treatment was effective and to re-treat any missed vegetation. A post-survey report is required and is to be submitted to the Technical Project lead contact.

This project requires the use of a non-restricted use aquatic approved herbicide.

*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.

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.