B08_-_SOW_-_Cypress_Creek_NWR_Invasives_-_July_2022.pdf

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. FISH AND WILDLIFE SERVICE

CYPRESS CREEK NATIONAL WILDLIFE REFUGE

Statement of Work/Need

Invasive Species Control

July 2022

Introduction

Cypress Creek National Wildlife Refuge (CCNWR) is seeking a contract for invasive species control on Refuge property. CCNWR comprises approximately 16,000 acres of habitat in Southern Illinois, including cypress-tupelo swamp, bottomland forest, upland hardwood forest, oak barrens, and prairie grassland. CCNWR lands are located in Pulaski, Alexander, Union, and Johnson Counties in Illinois.

1. GENERAL

1.1 SCOPE OF WORK. The work to be performed under this Contract shall consist of furnishing all labor, equipment, permits, and materials necessary to supply and perform invasive species herbicide application to control Japanese Chafflower (Achyranthes japonica) on approximately 257 acres. Herbicide application would occur between April

2023 and July 2023. The site is within the Cypress Creek National Wildlife Refuge

(CCNWR) in Southern Illinois. The Administrative Office for CCNWR is located at 0137

Rustic Campus Drive, Ullin, IL 62992.

1.2 CONTRACTING OFFICER. The term “Contracting Officer”(CO) means the person executing this contract on behalf of the Government, and any other Service employee who is properly designated by the Contracting Officer.

1.2.1 REFUGE PROJECT COORDINATOR. The term “Refuge Project Coordinator” means the Refuge-based staff member assigned to coordinate the herbicide application project. This person will be providing on-site assistance to the Contractor and will be acting in collaboration with the Contracting Officer during the life of the Contract.

1.3 SAFETY. All work and equipment shall conform with the safety requirements set forth below.

1.3.1 OSHA PROVISIONS. In order to provide safety controls for protection to life and health of employees and other persons, for prevention of damage to property, materials, supplies, and equipment, and for avoidance of work interruptions in the performance of this contract, the Contractor shall comply with all pertinent provisions and guidance issued by the United States Occupational Safety and Health Administration (OSHA), and shall also take or cause to be taken such additional measures necessary for that purpose.

Compliance with the provisions of this clause by employees and subcontractors will be the responsibility of the Contractor.

1.3.2 HAZARD COMMUNICATION: The Contractor shall implement a hazard communication program in accordance with 29 Code of Federal Regulations (CFR)

1910.1200 or 1926.59. The written hazard communication program shall address, at a minimum, the following: training (to include potential safety and health effects from exposure), labeling, current inventory of hazardous chemicals on site, and the location and use of Material Safety Data Sheets (MSDSs).

1.3.3 ACCIDENT REPORTING. An accident constitutes an incident or act involving the

Contractor, which may or may not have caused obvious damage to persons or property.

All accidents shall be reported to the Contracting Officer within 24 hours of the occurrence.

All serious accidents (those resulting in death or injury requiring medical attention) shall be reported immediately.

1.3.4 NON-COMPLIANCE. The Contracting Officer shall notify the Contractor of any noncompliance with the provisions of this clause and any corrective action required. The

Contractor shall, after receipt of such notice, immediately take corrective action. Such notice, when delivered to the Contractor or their representative at the site of the work, shall be deemed sufficient to take immediate action. If Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of claim for extension of time or for excess costs or damages by the Contractor.

1.4 CONTRACT AREA. The contract area is located within Pulaski, Alexander, Union, and Johnson Counties in Southern Illinois within the Cypress Creek National Wildlife

Refuge. The Refuge is approximately 40 miles south of Marion, IL.

1.5 UTILITIES. Water required in the performance of this contract shall be the responsibility of the Contractor. The Contractor may request water be obtained and utilized by the Contractor from Government sources within the recreation areas at no cost to the

Contractor or from other sources approved by the Contracting Officer. If water is obtained from sources other than the Government, all arrangements and payments, if any, shall be the responsibility of the Contractor. The absence of a Government water source will not relieve the Contractor of obligation to provide services as scheduled for any area. No raw water from any lakes, streams, creeks, rivers, or other bodies of water may be used.

1.6 REASONABLE CARE. The Contractor shall use reasonable care to avoid damaging buildings, pavement, equipment, and non-targeted vegetation on Government property.

The Contractor shall replace or repair the damage at no expense to the Government within a time frame approved by the Contracting Officer. If the Contractor fails or refuses to make such repairs or replacement, within the time frame, the Contractor shall be liable for the cost to make the repair or replacement, which will be deducted from the contract payment.

2. CONTRACTOR FURNISHED EQUIPMENT, MATERIALS, AND SUPPLIES

2.1 SUPPLIES AND MATERIALS. The Contractor shall furnish all supplies and materials necessary for this Contract, including, but not limited to: herbicide, surfactant, spraying equipment, Personal Protective Equipment (PPE) for Contractor/Contractor’s staff, etc. The Contractor shall maintain all supplies and materials in accordance with the

Manufacturer’s recommendations. All PPE shall be maintained in accordance with

Manufacturer standards and in accordance with the Occupational Safety and Health

Administration (OSHA) standards.

2.1.1 HERBICIDE. The herbicide used shall be an aquatic approved triclopyr amine sprayed as a 2% solution in water. An aquatic approved non-ionic surfactant shall be added to the solution to help herbicide absorption by the plant. A herbicide marking dye shall be used to aid in visually identifying treated areas. Always read and follow the herbicide label.

If making applications near standing water, aquatic-safe herbicides and surfactants must be used and an EPA NPDES permit may need to be obtained. Take every precaution to prevent impact to non-target plants in sensitive forestry sites.

2.1.2 RESTRICTIONS. Any herbicide applied on Government land shall be applied by an

Illinois state licensed applicator or operator. No unlicensed worker may handle or apply herbicides on Government lands under this Contract. Only herbicides labeled for General

Use may be applied on Government Property, Contractor may not apply herbicides labeled for Restricted Use on Government property. The Contractor shall be responsible for supplying all herbicides, application equipment and applicators for work under this

Contract. The Contractor shall not perform any herbicide mixing, storage, or disposal on

Government property. In addition, the Contractor shall not dispose or store any herbicide equipment, containers, or packages on Government property. The Contractor shall comply with all herbicide label requirements and restrictions. This includes, but is not limited to:

drift reduction controls, treated area signage, water use restrictions, and reentry times.

2.1.3 SPILLS AND ACCIDENTS. The Contractor shall have a spill and accident prevention plan in place as part of the Application Plan (see section 3.2). The Contractor shall take all precautions to ensure no herbicide spills or accidents occur. In the event a spill or accident occurs, the Contractor shall immediately notify the Contracting Officer and initiate clean-up procedures in accordance with the herbicide label at no additional expense to the Government. In the case that the services of an outside environmental cleanup company is required, whether called in by the Contractor or initiated due to necessity by the Government, there will be no additional cost to the Government.

2.1.4 MINIMIZING IMPACTS TO NON-TARGET SPECIES. No spraying shall be performed when wind speeds exceed specifications listed on the herbicide label, or wind directions are likely to result in drift to non-target areas or public use areas. There will be zero tolerance for direct spray or drift of herbicides into non-target vegetation or on adjacent property. No spraying shall be performed if more than ten percent (10%) chance of rain is forecast for the day of application or for the twenty-four (24) hour period following the planned application.

2.2 PERMITS AND LICENSES. The Contractor shall, at his/her own expense, obtain any licenses or permits required for herbicide application. Permits may be required by the State of Illinois, local Counties, etc. The Contractor shall comply with all current Federal, State, and local laws and regulations and shall comply with any subsequent changes.

2.3 EQUIPMENT. The Contractor shall furnish and maintain sufficient equipment suitable to perform the work, including, but not limited to, spraying equipment. Spraying equipment to be utilized for this Contract includes hand pump sprayers and backpack sprayers. Equipment other than these types must be proposed to and approved by the

Refuge Project Coordinator prior to use. All equipment shall be maintained in safe operating condition in accordance with Manufacturer’s recommendations and in accordance with Federal, State, and local requirements.

2.4 DAILY REMOVAL. All Contractor's equipment, materials, and supplies shall be removed from Government property at the end of each working day unless otherwise approved by the Contracting Officer.

2.5 VEHICLES. All vehicles used in performance of this contract shall be clearly marked with an identification sign, placard, magnet, or sticker listing the Contractor’s name, address, and phone number.

2.5.1 VEHICLE OFF-ROAD USE. The Contractor shall not drive off the paved or gravel access roads onto the grass at any time without prior approval of the Contracting Officer or Refuge Project Coordinator.

2.5.2 UNATTENDED VEHICLES. No vehicles shall be left unattended for any extended periods of time (more than a usual period during a standard workday) at any recreation area or elsewhere on Refuge property without prior approval of the Contracting Officer or

Refuge Project Coordinator.

2.5.3 VEHICLE OPERATION. Vehicles shall be operated in accordance with posted regulations and traffic control signs.

2.6 MEASUREMENT AND PAYMENT. Payment will be made per acre treated, with a maximum cumulative award over the life of the contract of $91,000. Acres treated are categorized as follows:

Level of Coverage Term Quantitative Descriptor Percentage of Ground

Coverage by Invasive

Species per Acre

Level One (1) Very Light 0% to 20%

Level Two (2) Light 20% to 40%

Level Three (3) Moderate 40% to 60%

Level Four (4) Heavy 60% to 80%

Level Five (5) Very Heavy 80% to 100%

See Attachment A for a map with present known acreages and locations by level of coverage. Please note that the map is subject to change; the Government may request other areas on the Refuge be treated. The requested areas for treatment will be communicated to the Contractor by the Contracting Officer or Refuge Project Coordinator. The

Contractor will be required to submit maps with treated areas and associated acreages.

3. NOTIFICATION OF TREATMENT AND APPLICATION PLAN

3.1 NOTIFICATION REQUIREMENTS. The Contractor shall provide a minimum seventy-two (72) hour notice to the Refuge Project Coordinator before arriving at the site location for herbicide treatment work. The Refuge Project Coordinator retains the right to determine whether spraying at any time is appropriate, due to weather (including wind) and other considerations.

3.2 APPLICATION PLAN. The Contractor shall submit an electronic copy of an application plan to the Refuge Project Coordinator. This plan shall outline the types of herbicides, planned application rates, hyperlinks to MSDSs and labels for each chemical to be used, scanned copies of applicator licenses, and a spill and contamination action plan.

Additionally, the Contractor shall certify in writing that all employees engaged in handling, mixing, and spraying herbicides have read the MSDSs and that personal protective equipment as specified by the MSDSs will be provided to and worn by these persons.

Further, one hard copy of the approved plan shall be provided that will include a signed statement by the Contractor that this plan complies with all Federal, State and local regulations. This plan shall be submitted for review and approval within ten (10) business days of the notice of Contract award and prior to the desired start of work. Government approval of this plan in no way relieves the Contractor of any liability for compliance with all Federal, State, and/or local regulations, should there be omissions/errors within said plan.

3.3 POST-APPLICATION DOCUMENTATION. The Contractor shall submit a spray log to the Refuge Project Coordinator detailing: day(s) and time(s) sprayed, crew members, chemical applied, application rate, weather conditions (average windspeed, temperature, humidity, cloud cover). The Contractor shall provide GIS data (ESRI shapefiles in unprotected NAD83 format) on all treated areas no later than four weeks after spraying is complete.

4. PERSONNEL REQUIREMENTS

4.1 MINIMUM WORKFORCE REQUIREMENTS. The Contractor shall provide an adequate number of fully qualified personnel to perform the specified work, properly and efficiently within the time limits specified. If the Contractor is unable to accomplish work in accordance with the requirements of this contract within the times specified, they shall immediately obtain additional personnel as necessary to fulfill the requirements of this contract.

4.2 EMPLOYEE CONDUCT. The majority of work will be performed in areas where the

Contractor or his/her employees may interact with the public; thus the conduct of all employees is critical and will be closely monitored. The Contractor shall be responsible for ensuring that their employees strictly comply with all Federal and State laws. Any illegal or criminal activity may result in the removal of Contractor employee(s) from the Refuge.

4.2.1 ALCOHOL/CONTROLLED SUBSTANCES. No alcoholic beverages and/or controlled substances (non-prescription) shall be consumed by the Contractor or employees while completing work for this Contract.

4.3 REMOVAL OF CONTRACTOR EMPLOYEE. The Contracting Officer may require the Contractor to immediately remove from the work site any employee of the Contractor or subcontractor, who, in the opinion of the Contracting Officer, is incompetent, who endangers persons or property, or whose physical or mental condition is such that it would impair the employee's ability to safely or satisfactorily perform his or her work.

Notification to the Contractor shall be verbal or telephonic, and shall be confirmed in writing as soon as possible. No such removal, however, will reduce the Contractor's obligation to perform all work required under this contract, and immediate replacement will be made as required. This requirement shall not be made the basis of any claim for compensation or damages against the United States or any of its officers or agents.

5. ENVIRONMENTAL PROTECTION

5.1 GENERAL. The Contractor shall comply with all Federal, State, and local laws regarding environmental protection. All environmental protection matters shall be coordinated with the Contracting Officer. The Contractor may be inspected by the

Contracting Officer, Refuge Project Coordinator, or other Federal, State, and local officials without notice. Access for inspection shall be granted by the Contractor upon request.

6. POST-AWARD CONFERENCE

6.1 GENERAL. Within ten (10) business days of the award of the Contract, the Contractor shall contact the Refuge Project Coordinator to arrange a meeting to discuss and develop a mutual understanding of the requirements and details of work. There may also be occasions when subsequent conferences will be called to reconfirm understandings or provide clarifications on contract requirements.

7. INSPECTION AND ACCEPTANCE

7.1 GENERAL. The work will be conducted under the general direction of the Refuge

Project Coordinator, and is subject to inspection by appointed inspectors. No inspector is authorized to change any provision of the specifications without written authorization by the Contracting Officer, nor shall the presence or absence of an inspector relieve the

Contractor from any of the requirements of the Contract. Formal acceptance of the

Contract will be made by the Contracting Officer for and on behalf of the Government.

7.2 RE-PERFORMANCE AND RE-INSPECTION. The Government shall require the

Contractor to re-perform any work found to be deficient by the Contracting Officer or

Refuge Project Coordinator at no cost to the Government.

8. LIABILITY OF AND DAMAGES TO THE GOVERNMENT

8.1 INSURANCE. The Contractor shall carry liability insurance that will cover the application of herbicides as defined in this specification. A Certificate of Insurance form signed by the insuring agency shall be provided to the Contracting Officer prior to award of the Contract. The Contractor must maintain insurance coverage for the entire Contract period. Any changes in insurance carriers/policies shall be reported to the Contracting

Officer.

8.2 GOVERNMENT LIABILITY. The Government assumes no liability for the

Contractors performance of the Contract work. The Contractor shall hold and save the

Government harmless from any and all liability arising from the performance of the

Contract.

8.3 RESPONSIBILITY FOR DAMAGES. The Contractor is responsible for all damages to persons and property resulting from performance of the Contract work.

9. WARRANTY

9.1 DEFICIENT WORK. The Contractor warrants that should the desired results not be achieved, the Contractor will, at no cost to the Government, reapply the herbicide to those areas where targeted invasive vegetative growth continues or recurs. The determination as to the acceptable performance of the Contractor and the need to reapply the herbicides solely rests with the Government, as represented by the Contracting Officer and the Refuge

Project Coordinator. A request to re-treat an area may be made either verbally or in writing.

A request to re-treat an area will be in the format of a contract modification.

9.2 DAMAGES. The Contractor is responsible for damages to persons or property, including unreasonable or unnecessary damages to non-target vegetation, within and outside the treatment areas resulting from the performance of the Contract work. Damage costs as determined by the Government will be charged in the form of a fine for the cost of rehabilitation or replacement of the affected resources. Other penalties may be assessed based on Federal, State, and/or local laws. The Contractor is responsible for taking any action necessary to protect all supplies, and property, including material and supplies issued by the Government to accomplish a job, against damage, theft, or loss. The

Government assumes no responsibility for loss or damage to any material, supplies, or property after it is received by, or in the possession of the Contractor. Any Government property lost or stolen due to negligence of the Contractor shall be replaced by the

Contractor at no cost to the Government.

10. PAYMENTS

10.1 GENERAL. Payment will be made for the acreage of Japanese Chafflower treated.

All invoices for payment shall be entered by the Contractor in the Invoice Processing

Platform (IPP) system for payment. Copies of invoices must be submitted to the Refuge

Project Coordinator for processing. NOTE: Payment for each bid item shall constitute full compensation for furnishing all plant, labor, equipment, and material and performing all operations necessary for the work required. Any inability to complete the work stated above will result in a reduction in contract quantities and total amount due the Contractor.

11. AWARD OF CONTRACT

11.1 EVALUATION CRITERIA. Contractors are advised that the award may not be necessarily made to the lowest priced proposal. Quotes will be evaluated on both price and non-price factors. Evaluations will be based on the information included in the individual quotation packages (including references) and in past performance databases available to the Government, such as, but not limited to, CPARS. After receipt of quotations, the

Government will conduct an evaluation. During the evaluation period, the Government may, at its discretion, communicate with Contractors and/or their references. Evaluations will be made on the following factors in addition to price:

11.2 FACTOR ONE- CAPABILITY. The quotation must demonstrate the Contractors capability of meeting all of the requirements in the Statement of Work. Contractors are required to provide a list of some of their recent (within the last three years) herbicide application contracts/projects similar in scope to this project. The list should include the name and contact information of the clients, a brief summary of the scope of work provided to the clients, and an approximate total price of each contract. Please note that the

Government may or may not choose to contact the clients from this list. The list of recent clients is not required to be exhaustive; it should be no more than four pages in length.

11.3 FACTOR TWO- PAST PERFORMANCE. In evaluating past performance, the

Government will consider information obtained from past and present customers. By past performance, the Government means the Contractor’s record of conformity to specifications and to standards of quality of service, timeliness of performance, business relations, compliance with safety and security requirements, etc. Contractors are requested to submit a list of at least three, but not more than five, recent (within the last five years) clients as references. These may be the same clients as listed on the client list provided for

Factor One, or they may be additional clients not listed for Factor One. Please note that the

Government may or may not choose to contact all of the references from the reference list.

The Government will also consider past performance listed in CPARS.