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Invasive Treatment in Red River NWR
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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

0008349762 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORFGS

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

10/12/2022 1000 ED

09/22/2022

0000000000Jessica Valdes (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140F0922Q0175

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 33 0040580669OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

BOSSIER CITY LA 71112

150 EAGLE BEND POINT

RED RIVER NATIONAL WILDLIFE REFUGE

FWS RED RIV NWR

15. DELIVER TO

Falls Church VA 22041 5275 Leesburg Pike

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FWS Goods & Services

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The purpose of this solicitation is for Treatment of Invasive Exotic Plants with Herbicides in FWS Red River NWR as per SOW attached.

Solicitation Questions Due: 10/6/2022 @ 1000 EST to jessica_valdes@fws.gov Quotes Due: 10/12/2022 @ 1000 EST

*Site Visits are encourage. Please let me know ahead of time if you are planning to do a site visit to coordinate with technical POC.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 06/29/2023

00010 Treatment of non-native invasive plants including

Chinese privet and Chinese tallow within project boundaries as per SOW per acre.

Period of Performance: 10/17/2022 to 06/29/2023

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33 2 of

Specifications/Work Requirements Furnish and Deliver FY22/23 Black Bayou Lake NWR Invasives Treatment

Black Bayou Lake National Wildlife Refuge Monroe, Louisiana

PR #

I. GENERAL INFORMATION

1.1 General: This is a non-personal services contract to provide herbicide application and some removal of terrestrial invasive plants, including but not limited to Chinese tallow tree (Sapium sebiferum) and Chinese privet (Ligustrum sinense) within delineated project boundaries on the Black Bayou Lake National Wildlife Refuge (NWR/Refuge). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform work services as defined in this Performance Work Statement except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract.

1.2 Introduction: The Contractor shall apply the appropriate herbicide and adjuvant to control/treat all non-native and non-native invasive plant species including Chinese tallow and Chinese privet within the delineated project unit on the Black Bayou Lake NWR. The Contractor shall treat 100% of targeted vegetation and shall apply sufficient herbicide to control 95% of all vegetation four (4) months post-treatment.

1.3 Period of Performance: The Contractor shall begin work within three weeks of notification by Contracting and Grant Services or the assigned COR/SR. The project shall be fully completed [initial, re-treat, inspection, final invoice] within 200 work days following issuance of the task order and notification to begin work. The Contractor shall wait a minimum of one month before performing any re-treatments so results of the initial treatment are visible, and crews shall then target plants or infestations missed during initial treatments. Final inspection and final billing shall be completed prior to the end of the Period of Performance.

1.4 Place of Performance: The work to be performed under this contract will be within the boundaries of the Black Bayou Lake NWR, Monroe (Ouachita Parish), Louisiana. Black Bayou Lake NWR is comprised of singular unit with both open, permanent water and forested habitat. Total acreage for the refuge rests at over 5,000 and lies just along the northern city limits of Monroe,LA. The main project area lies in the southern end of the refuge between Joe White Rd. and the lake on the refuge.

Areas targeted for survey and treatment can be directly accessed from interior woods roads that extend into the unit. Specific conditions and considerations to access treatment areas are listed under 3.13.

1.5 Type of Contract: This is a fixed price - cost per acre contract.

1.6 Security Requirements: n/a

1.7 Physical Security: The Contractor shall be responsible for safeguarding all government equipment, information, and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.8 Key Control (if applicable). The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

1.8.1 In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.8.2 The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.8.3 Lock Combinations (if applicable). The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

1.9 Special Qualifications: n/a

1.10 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference or progress meetings convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officers Representative (COR), Government/Site Representative (GR/SR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance and/or status of work. At these meetings, the Contracting Officer will apprise the Contractor of how the government views the Contractor's performance and the Contractor will apprise the Government of problems being experienced, if any. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.11 Contracting Officer Representative (COR)/Government/SR Representative (GR/SR): The COR/SR will be identified by either separate letter or other form of notification. The COR/GR monitors all technical aspects of the contract and assists in contract administration. The COR/GR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; conduct inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor performance and notify both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.12 Key Personnel: The follow personnel are considered key personnel by the government: Contract Manager/Administrator, Project Manager/Supervisor. The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the Contracting Officer. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

1.13 Identification of Contractor Employees: All Contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. The Contractor personnel will be required to obtain and wear badges (or company attire indicating name of company) in performance of this service.

1.14 Data Rights (If applicable): The Government has unlimited rights to all documents/material produced under this contract.

All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

II. BACKGROUND

2.1 Treatment and management of invasive exotic plants has been identified as one of the highest priorities within the National Wildlife Refuge System. Invasive exotic plants displace native plant communities and native wildlife including threatened and endangered species. Their rapid growth and copious seed production permit the establishment of dense, impenetrable forests and thickets that shade out desirable native plant species, affect water flow and drainage, obstruct human and wildlife movement and public viewing opportunities. In general, invasive exotic plants degrade native habitat quality decreasing native species abundance and diversity. Refuges employ a variety of management techniques to control invasive exotic plants including herbicides (primary means), mechanical controls (heavy equipment), cultural controls (prescribed fire), physical controls (hand pulling seedlings & vines), and biological controls (when available). Invasive exotic removal work is performed by refuge staff, independent Contractors, volunteers, and volunteer groups. Refuges prioritize treatments based upon the targeted plant species ‘category’ of invasiveness; that is, the ability of the targeted plant to colonize and impact native plant habitats.

III. SCOPE

3.1 Objective: To provide herbicide control and treatment of invasive, exotic plant infestations including for Chinese privet and Chinese tallow within delineated project boundaries. Completion of the proposed project shall ensure restoration, in part, to a larger ecosystem that provides habitat used by a host of species.

3.1.1 Treatment Unit: The overall goal of this effort shall be to treat non-native invasive plants including Chinese privet and Chinese tallow within the treatment unit or until funding is exhausted in order to restore native habitat and enhance re-growth of native vegetation. The treatment area is a combination of riparian zones, bottomland hardwood, shrub/scrub, and permanent water. All of the area could be generally described as having a light infestation. Total non-native plant cover is estimated at less than 30% of unit area. Total acreage treated will depend on the final cost per acre of the awarded contract.

Contractor shall fully survey all treatment units for non-native plants. U.S. Fish and Wildlife Service (USFWS) staff reserve the right to mobilize the Contractor to any areas provided funding remains on the task order to achieve habitat management goals of the Refuge. The boundary of the treatment area is identifiable on the ground.

3.2 Contractor must comply 100% with the agreed-upon plan of work. Method of treatment shall be by ground. Applications must be at the appropriate rate suggested by the manufacture and in accordance with the label. All work must be done according to work statement, EPA standards, and herbicide label restrictions.

3.3 The Contractor shall provide all personnel, labor (i.e. herbicide application), equipment (i.e. GPS units), supplies (i.e.

chemicals, herbicides, adjuvant) , transportation, tools, materials, supervision, and other non-personal services necessary to perform the requirements of this contract order and shall plan, schedule, coordinate, and ensure effective performance of required services for the entire duration of contract. Crews must avoid all areas marked as “off limits”; coordinates will be provided to the Project Manager for these locations. Treatment applications shall be performed in such a manner as to protect non-target organisms, the environment, and the public. NOTE: The Contracting Officer reserves the right to require the Contractor to replace any operating personnel, or equipment used in the performance of this Contract if the personnel, or equipment are violating, or have violated, any state or federal laws; or are unsafe; or for any valid reason. In this event, the Contractor shall as soon as reasonably possible, upon written or verbal notice (to be later reduced to writing) from the Contracting Officer, provide replacements satisfactory to the Contracting Officer at no additional cost.

3.4 Work performance shall be defined as 100% of identified species infestations to be treated, and a 95% control rate (Acceptance Criteria [AC]) achieved four to six months post-treatment. If the AC is not met, it shall be the responsibility of the Contractor to re-treat areas until the control rate is achieved at no additional cost to the Government (FWS). NOTE Treatment locations may change at management’s discretion due to environmental conditions or if there is a need to complete higher priority treatments within the approved work areas. This will not result in a penalty or decrease in funds to the Contractor, as long as performance is acceptable.

3.5 The Contractor shall provide adequate personnel for the purpose of loading and dispersing of the chemicals. The Contractor shall be responsible for all unloading/loading operations. Movement of chemicals, water, and equipment in and around the treatment locations shall be the sole responsibility of the contract applicators. All personnel and equipment to be used shall be appropriately licensed and certificated as appropriate for the work to be done. The Contractor shall be responsible for providing sufficient equipment, fuel (for equipment), safety items, spill response kit, personnel and their subsistence needs during the project period, as well as checking all work sites for hazards of any type which could affect their ability to accomplish the spraying project.

3.6 The Contractor shall provide USFWS with contact information for all ground personnel, vehicles, and equipment, identification information (including make, model, color, name of company, and contact information) at least 48 hours before implementation of the project.

3.7 The Contactor shall only be permitted to use herbicides that have been approved for use on the Refuge through the FWS Pesticide Use Proposal process. No exceptions shall be permitted. Rates applied shall not exceed the highest rate recommended on the label for that treatment.

3.8 The Contractor shall supply equipment to meter chemicals and bark oil mixtures, and shall provide mixing and loading equipment and water. The Contractor must be capable of calibrating equipment to the final application rate specifications.

3.9 Public Safety: Public safety must be ensured when spraying or using pesticides. Refuges are visited by the public. In application areas where there is potential for public use, the Refuge shall advise the Contractor of any public use hazards. It shall be the ultimate responsibility of the Contractor to initiate spray operations – GO/NO GO. The Contractor shall mitigate for herbicide contamination on federal land and adjacent private property, and any adjacent waters. Herbicides shall be applied and utilized as approved or recommended on the label. Any fines or penalties for herbicide contamination or resultant environmental damage shall be the responsibility of the Contractor.

3.10 The Refuge Manager must be notified at least 48 hours prior to any application of chemical.

3.11 No heavy equipment shall be allowed to operate within the treatment units. During periods of extended wet weather or in areas with saturated soils, equipment cannot cause ruts greater than 6 inches deep. If work is prohibited by the USFWS due to extended wet weather, negotiations may be made to lengthen the contract period.

3.12 The Contractor shall avoid any damage to native vegetation and wildlife other than any identified native vegetation to be treated. The Contractor shall not collect, harass, harm, or molest native plants or wildlife. The Contractor shall avoid damage to sensitive archaeological sites. The Contractor shall be responsible for the removal of all trash and treatment-related equipment (i.e. flagging). The Contractor shall be held liable if damage was determined to be the fault of the Contractor (negligence), the result of improper treatment techniques, or the result of Contractor control activities.

3.13 In order to most effectively treat non-native, invasive plants, treatment efforts shall occur during the summer/fall season (June through November). Access to the unit is via the main entrance along the Arthur Ray Teague parkway. There are several paths within the tract that are accessible by UTVs/ATVs, furnished by the contractors. On-site storage of approved materials/equipment is permitted at the risk of the Contractor – location to be determined and at Refuge Manager’s/COR/SR discretion.

3.14 Each ground crew shall consist of one supervisor and no more than six crewmembers per supervisor. A minimum of one crew shall be utilized for this project. The ground crew supervisor must be a licensed herbicide applicator, and shall be responsible for data collection, herbicide application and inventory, herbicide safety procedures, and crew supervision. The ground crew supervisor shall have navigation equipment such as a hand-held Global Positioning System (GPS) unit, to mark areas of treatment for submittal to the Refuge. All targeted plants, or populations of such plants, shall be treated and treatment sites recorded at each designated location before proceeding further. The Refuge COR/SR shall provide technical support concerning species treatments for each delineated work area. Under no circumstances shall a non-approved herbicide or combination thereof, be used without knowledge or permission of the COR and an approved pesticide use proposal.

IV. APPLICABLE DIRECTIVES

4.1 All Contractor employees performing work directly onsite must adhere to all local regulations, rules, policies relating to the obtainment of proper clearances, building access, site access, and badges. If applicable, must complete background investigation, computer security, and records management training.

4.2 The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

4.3 OSHA, 29 CFR 1910 (as applicable)

4.4 EPA regulations

4.5 The Contractor shall be responsible for acquiring and maintaining all federal and local licenses, certification, and permits as required including a Louisiana State Commercial Pesticide Applicator license. Each crew supervisor shall have a valid and current license in the aquatic and/or natural areas categories issued by the State of Louisiana, Department of Agriculture and Forestry. The Contractor shall be required to submit a copy of the licenses to the Contracting Officer prior to the award date.

4.6 Federal Insecticide, Fungicide, and Rodenticide Act

4.7 All State Laws and Regulations

4.8 The Contractor (or their representatives) shall not litter. Litter violations shall be handled under Federal Code of Regulations 50CFR27.94(a) , which carries a fine of $100.00 per incident upon conviction.

V. PERFORMANCE REQUIREMENTS

5.1 Supply and apply herbicide according to desired outcomes as per label directions and quantities.

5.1.1 Employ approved Current Control Technologies (CCTs) for controlling identified exotic plant species infestations in the treatment areas. Treated plants shall be cut or left in place at the contractor’s discretion. The Contractor shall have full responsibility for systematically treating the highest priority areas indicated by the COR/SR unless the priority is changed by management. The Crew Supervisor shall be responsible for notifying the COR /SR within three weeks of treatment completion so that area can be inspected. Areas not treated, or not responding to treatment shall be required to be retreated at the Contractor’s expense, if it is determined that the Contractor provided inadequate treatment measures. The Contractor shall be responsible for 100% treatment and 95% control (four to six months post-treatment) of all non-native and non-native invasive species including Chinese privet and Chinese tallow within the delineated treatment area.

5.1.2 Treatment

5.1.2.1 Black Bayou Lake NWR treatment area: Complete ground treatment of 100% of all terrestrial invasives including Chinese tallow tree and Chinese Privet achieving no less than 95% control four to six months post-treatment. Application shall be a basal spray, injection or foliar method. To ensure effective basal treatment of the stems (plants), removal of leaf litter from the base of the tree may be required. Larger trees may require a hack and squirt method to properly and effectively treat.

5.1.2.2 Apply herbicides in such a manner and rate to provide adequate coverage within the designated treatment areas.

Application rates shall be no more than the maximum permitted by label and manufacturer’s specifications. The Contractor shall only apply herbicides that have been approved through the Refuge Pesticide Use Proposal process. Confirmation of permitted herbicides shall be coordinated with the COR/SR/Refuge Manager, discussed during the Pre-Award teleconference, and approved well in advance of the spraying. The Contractor shall be held liable for the use of any non-approved herbicides or damage occurring from the usage of a non-approved herbicide. Aquatic labeled herbicide must be used within 50 feet of any standing water.

5.1.2.3 The Contractor shall canvass 100% of the treatment area.

5.1.2.4 Non-Target Damage: The Contractor shall, to the best of his/her ability, avoid non-target damage to native vegetation and avoid disturbance and impacts to native wildlife. Contractor shall not apply herbicides when wind speeds are in excess of 7 mph (or as agreed upon by GR) or when inversion conditions occur to limit drift.

5.1.2.5 Handling, Mixing, Chemical Disposal: All herbicides and adjuvants/surfactants shall be handled and stored in accordance with instructions on the EPA registration label. All herbicides shall be mixed and applied in accordance with the label instructions. Unless noted, the Contractor shall be responsible for providing, handling, mixing and disposing of all herbicides and adjuvants/surfactants. The Contractor shall be responsible for providing all mixing water on all USFWS projects. In addition, the Contractor shall ensure that no contamination of any water source occurs, and that emergency spill containment equipment or spill kit shall be present at the worksite, and shall be capable of containing all potential herbicide or surfactant spills from contract vehicles or equipment.

5.1.2.6 The Contractor shall perform an initial treatment and a re-treatment, as necessary, to ensure Acceptance Criteria is met.

5.2 The Contractor shall complete the herbicide application during the specified dates as directed by the COR/SR.

5.2.1 The Contractor shall coordinate with the Government to determine the date(s) and time(s) of herbicide application to minimize impacts on other Government activities and so refuge staff has time to close roads and trails in the treatment area prior to treatment beginning. Contractor must have work dates and a plan of work approved by the USFWS 48 hours prior to beginning work, preferably established during a face-to-face pre-work meeting.

5.3 The Contractor shall clean and flush spray equipment in accordance with EPA guidelines. All spray tanks and mixing tanks must be properly cleaned (triple rinsed) prior to arrival because this shall not be allowed on site. Contractor/operator may not flush/rinse out tanks onto the ground after the job is completed. Prior to leaving the worksite for the day, the Contractor shall remove all equipment and materials associated with contract or aerial spraying activities on government property unless approval has been granted by the Refuge Manager, and/or a storage site has been identified.

5.4 Contractor shall be responsible for cleaning up any spills that may occur.

5.5 The Contractor shall avoid any damage to native vegetation and wildlife. The Contractor shall not collect, harass, harm, or molest native plants or wildlife. The Contractor shall be responsible for the removal of all trash and treatment-related equipment. Trash shall be removed on a daily basis. If damage occurs, the Contractor shall be held liable if damage was determined to be because of Contractor negligence, the result of improper treatment techniques, or the result of Contractor control activities.

5.6 Special Conditions

5.6.1 The COR shall inform the Contractor of the time schedule as work progresses. However, the Contracting Officer may halt work at any time upon written notice.

5.6.2 Weather and site conditions may interfere with the work completion schedule negotiated at the award conference. The Contracting Officer may halt work at any time upon written notice for conditions beyond the control of the contractor. If this result in significant time lost, the completion date for the project can be re-negotiated by the CO/COR/SR and the Contractor.

VI. WORK TIME/HOURS OF DUTY

6.1 Work shall not be performed on the following holidays: New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veteran's Day, Thanksgiving, and Christmas.

6.2 Hours of Operation: The Contractor is responsible for conducting business, between the hours of (To Be Determined by Government Representative) Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the Contractor shall not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

6.2.1 Contractor is expected to work four 10-hour days each week with one day serving as an lieu day in case of adverse weather. Any weekend work requires prior approval by the designated contracting officer.

VII. SUPPLIES, MATERIALS, EQUIPMENT, AND UTILITIES

NOTE: As a government agency dedicated to “working with others to conserve, protect and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people,” the U.S. Fish and Wildlife Service strives to incorporate the most ecologically sound and environmentally beneficial technologies, materials, and practices into all aspects of planning and operations. To help achieve this mission and meet Executive Orders (EOs) and Department of the Interior (DOI) planning requirements, the USFWS has implemented strategies to reduce the environmental impacts associated with procurement, lease acquisition, waste prevention and recycling, facility design, construction, operation and management, contracting and permitted commercial visitor services. These strategies have been collectively referred to as the FWS’s Green Procurement and Waste Prevention & Recycling Program (Greening Program) and are a part of the FWS’s overall approach to environmental management.

7.1 Government-Furnished Property and Services. The Government will provide the Contractor with the following items:

7.1.1 Services/Supply: none

7.1.2 Facilities: The contractor may utilize the main entrance to the headquarters unit to access the path to the job site.

Staging ATV/URV, light duty truck and landscape style trailer (in combination) is permitted at the discretion of the

Site/Refuge Manager. Equipment protection and storage is the responsibility of the Contractor.

7.1.3 Utilities: none

7.1.4 Equipment: Storage of equipment and/or herbicides needed to complete the project shall be addressed prior to the start of the project, and approval shall be at the discretion of the Site/Refuge Manager. No exceptions shall be allowed/permitted.

The Government shall furnish no equipment or property for this task.

7.1.5 Materials: none

7.2 Supplies, Materials, and Equipment: to be provided by the Contractor

7.2.1 All supplies, equipment, parts, and material(s) required to successfully complete this requirement (unless otherwise provided by the Government as indicated above). All equipment to be used in the performance of work described herein is subject to the approval of the Government Representative (GR).

VIII. SUPERVISION

8.1 In order to ensure performance and accomplishment of the work as outlined herein, the Contractor shall provide adequate and competent supervision at all times for all work to be accomplished by the Contractor’s employees. When contract work is in progress, supervisory personnel shall be available at all times to receive notices, reports, or requests from the GR/COR or his authorized representative. At no time shall Government representatives direct or supervise the activities of the Contractor’s employees.

8.2 On-site Supervision. An on-site supervisor, with the ability to speak and understand English clearly, and with the authority to act for the Contractor on a day-to-day basis and to sign inspection reports and all other correspondence on behalf of the Contractor, shall be present at the work site at all times when contract work is in progress, unless a contractor employee can act on the supervisor’s behalf.

8.3. Supervisory Responsibilities. Supervisory responsibilities shall include, but shall not be limited to, the following:

8.3.1 Providing an adequate labor force; this includes the immediate replacement of personnel dismissed for cause or leaving employment of their own volition.

8.3.2 Ensuring that Contractor personnel are properly trained to perform their assigned work in a proper, safe, and efficient manner, and ensuring that the proper supplies, materials, and equipment are on hand.

8.3.3 Taking action to prevent general carelessness by employees and/or abuse of facilities or equipment.

8.3.4 Establishing an effective and comprehensive safety program.

8.3.5 Indoctrinating employees to report fire, hazardous conditions, maintenance deficiencies, and graffiti.

8.3.6 Continually ensuring that the conduct of the Contractor’s employees reflect favorably upon the Contractor’s and FWS organization(s). If applicable, supervisory personnel are responsible for ensuring that employees fully support and participate in the energy-conservation program within the facilities. Use lights or other energy-consuming equipment only in areas where and when work is actually being performed. Secure lights and other equipment when not in use or needed.

IX. CONTRACTOR PERSONNEL QUALIFICATIONS

9.1 Supervisory Personnel. All supervisory employees engaged in directing the work to be accomplished under this contract shall possess, at least with-in the last two years of recent, (within the past four years) experience in directing the subject service-type operations in a supervisory capacity for buildings/property of the approximate size/scope under this contract.

X. DELIVERABLES

10.1 Frequent reporting/accounting of overall progress and (to-date) expenditures (i.e. 25%, 50%, 90%) or as determined by the Government/Site Representative.

10.2 Universal Daily Progress Report (U-DPR), to be provided prior to commencement of work, documenting all locations treated in UTMs, habitat types, herbicides and surfactants used and their respective volumes, dates treated, number of applicators, hours worked, targeted species and stems/acreage treated and seedlings pulled, equipment used and hours, etc., which shall be submitted to the FWS Site Manager or his/her designee on a bi-weekly basis (minimum).

10.3 Upon completion of the project, the Contractor shall provide the Site Manager with the total volume of herbicide (for each type) used, list of species treated with each herbicide and the estimated infested acres treated by species.

10.4 Associated tracks and waypoints collected shall be downloaded as a projected shapefile and provided to the COR/SR of record or their designee. NOTE: Contractor crew supervisor cannot enter the Refuge, unless they have and are proficient with a GPS to navigate.

10.5 Coordination, application, and wrap-up meetings

10.6 Work plan to include schedule

10.7 Safety/spill response plan.

10.8 A government representative will inspect all areas periodically during the contract period, and will perform a final inspection of all areas 30 days following treatments.

10.9 Copies of all task order invoices (signed by the Contractor Crew Supervisor/Site Manager) shall be submitted to the FWS Site Manager and/or R4 ISST as agreed upon by the Government and the Contractor. Invoices shall be submitted no more frequently than on a monthly basis.

DELIVERABLES SCHEDULE

(This technical exhibit lists any reports or documentation that is required as a deliverable and includes the frequency, # of copies, medium/format and who/where it is to be submitted. A deliverable is anything that can be physically delivered but may include non-physical things such as meeting minutes.)

Deliverable Frequency # of Copies Medium/Format Submit To Routine reporting/accounting of progress and (to-date) expenditures

25%, 50%, 90%

1 Hard/soft copy in MS Word or Excel format

Government Representative/Manager

U-DPR Bi-weekly 1 Hard/soft copy in MS Word or Excel format

Government Representative/Manager

GPS/ Track Log As directed by the

COR/SR

1 Projected shapefile Government Representative/Manager

Daily logs to document work

Recorded daily;

submitted bi-weekly

1 Hard/soft copy in MS Word or Excel format

Government Representative/Manager

Coordination, application, and wrap-up meetings

As directed by the

COR/SR

n/a Meeting Government Representative/Manager

Quality Assurance Plan

1.1 The Contractor shall institute a complete quality-control program to ensure that the requirements of this contract are provided, as specified. The overall goal of the program should be to identify and correct any problems that may exist before they are identified by or reported to the Government Representative (GR)/Site Representative (SR). This shall aid in ensuring the contractor meets time schedules, adheres to standard commercial practices, and complies with Performance Work Statement/contract in an efficient, ethical, and productive manner. As a minimum, the program shall include:

1.1.1 An inspection system covering all the services required under Section V (Performance Requirements) with a comprehensive checklist to be used to inspect contract performance during scheduled and unscheduled inspections, and the name(s) of the individuals who shall be performing the inspections.

1.1.2 A system for identifying and correcting deficiencies and/or a pattern of deficiencies in the quality or quantity of services provided before the level of performance becomes unacceptable and/or Government inspectors point out the deficiencies.

1.1.3 A file of all inspections conducted by the Contractor and corrective actions taken (at Contractor’s expense). This should include follow-up inspections to ensure that corrective action was appropriate, complete, and timely. This documentation shall be organized in a logical manner, kept current, and made available to the GR and the Contracting Officer (CO) during the term of the contract.

1.1.4 When notified of a deficiency, items designated as unsatisfactory or below standard shall be re-performed by Contactor at no additional cost to the Government. All corrective action must be completed by the next working day of notification of the deficiency. If not, a deduction may be made (as determined from the applicable month’s invoice). Failure of the Government to notify the Contractor of a deficiency does not relieve the Contractor of the obligation to perform services nor does it relieve the Contractor of the responsibility to ensure that quality control measures are adhered to for contract compliance.

1.2 Performance Indicators and Acceptable Quality Levels

1.2.1 Comply with work production/work schedule(s) except for Excusable Delays. 100% compliance

1.2.2 Comply with all work requirements and standards as indicated within the Work Statement. 100% compliance

1.2.3 Comply with all contract terms and conditions. 100% compliance

1.2.4 Must not damage government resources, fish, wildlife, and/or property. 100% compliance

1.2.5 Maintain safety of workers and work environment at all times. 100% compliance with no deviations

1.2.6 Maintain a Quality Control Plan and immediately disclose/report any problems. 100% compliance

1.2.7 Ensure all equipment is in good working order during the entire period of performance, and safeguard the use and storage of all chemicals. 100% compliance

1.2.8 The Contractor shall only utilize herbicides that are currently approved for use on the Refuge through the Annual Pesticide Use Proposal process (an internal USFWS document). 100% compliance

1.2.9 The task shall be considered completed following a thorough final inspection of the delineated treatment area by the Contracting Officer’s Representative (COR), and only if it is determined that the Contractor treated 100% of all exotic species within the delineated treatment area after the initial and re-treatment phases have been completed, and achieved a 95% control rate two – four months post-treatment. If it is determined that the Contractor did not achieve a 95% control rate, and was found in non-compliance, additional re-treatment of the entire area shall be performed at the Contractor’s expense. 100% compliance

1.2.10 Whenever possible and to the greatest extent of the Contractor’s capabilities, herbicide drift shall be avoided. The Contractor shall be held responsible for extensive non-target damage (to be determined by the COR/SR). 100% compliance

1.3 Surveillance Methods

1.3.1 Regularly scheduled inspection/review of work and unscheduled inspections.

1.3.2 Inspection of materials, equipment, and chemicals. The CO/COR/SR, reserves the right to inspect, at any time upon notice to the Contractor, the Contractor’s procedures, spray system, spray solution, and other ancillary equipment, and operating personnel. Inspection, however, shall not relieve the Contractor of any obligations or responsibilities, nor shall it transfer any liability to the Refuge.

1.3.3 Contractor logs/reports

1.3.4 Entire payment will be held until final inspection by Refuge staff to determine effects on target vegetation. Following inspection, the Contractor may submit their invoice for payment. Unless 100% coverage with 95% control is shown on all targeted vegetation, the Contractor must return to the unaffected portion of the site and re-spray at their expense within 2 months of the original treatment. Payment will be withheld until satisfactory results are achieved.

1.4 Incentives

1.4.1 Non-compliance with Performance Work Statement will result in negative performance evaluation/rating.

1.4.2 A positive performance rating will be given for overall satisfactory work and compliance related to the contract.

Clauses (Commercial)

DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements

– Invoice Processing Platform (IPP) (APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System

(IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

attach/submit hard copy invoice on company letterhead.

The Contractor must use the IPP website to register, access, and use IPP for submitting requests for payment. The Contractor Government

Business Point of Contact (as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston

(FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP

Production Helpdesk via email: ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Template)

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this website address: https://www.acquisition.gov/browse/index/far

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial

Services As prescribed in 12.301(b) (4), insert the following clause:

Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial

Services (Jun 2022)

The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of

Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other

Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

(Section 889(a) (1) (A) of Pub. L. 115-232).

http://www.ipp.gov/ mailto:ippgroup@bos.frb.org https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/far/12.301#FAR_12_301 https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer Check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41

U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section

1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C.

6101 note).

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111- 117, section

743 of Div. C).

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment. (NOV 2021) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of…

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