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Invasive Species Control - Moundsville, WV
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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

FS3

Falls Church VA 22041 5275 Leesburg Pike FWS SAT Team 3 FWS SAT Team 3

0008349904 CODE 16. ADMINISTERED BYCODE

X

X

X

561730

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORFS3

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/27/2023 1100 ED

06/13/2023

4132538782Ryna Russell (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140FS323Q0111

5. SOLICITATION NUMBER

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

1 36 0040620617OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

WILLIAMSTOWN WV 26187

3982 WAVERLY ROAD

FWS OHIO RIV ISLANDS NWR

15. DELIVER TO

Falls Church VA 22041 5275 Leesburg Pike FWS SAT Team 3

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$9.5

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 SAT Team 3

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.

00010 Invasive Species Control and Treatment (refer to attached documents for details)

Attachments:

Synopsis (3 pages); SOW (11 pages) Past Exp & Ref Questionnaire (2 pages) Terms & Conditions (7 pages) DOL Wage Rates (11 pages)

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Ryna Russell

. 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.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

36 2 of

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Solicitation 140FS323Q0111 is issued as a request for quotation (RFQ). The anticipated award date is within 15 days after the close of this announcement.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC Number: 2023-04, Effective Date: 6/2/2023.

This requirement is being solicited as a 100% Small Business Set-Aside. The applicable North American Classification System (NAICS) code is 561730 Landscaping Services. The small business size standard is $9.5 Million.

The Government intends to award a firm fixed price contract resulting from this combined synopsis/solicitation.

Line-Item Description(s):

Invasive Species Control and Treatment for 10 acres of Kudzu (Pueraria montana) (Refer to SOW for details)

Location:

Site location is 5 miles south of Moundsville, WV, near the Washington Lands School, just off WV Route 2.

Delivery Schedule/Period of Performance:

Application of herbicide shall take place sometime between August 1, 2023 and October 1, 2023.

Terms & Conditions:

- The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition

- The provision at 52.212-2, Evaluation -- Commercial Items applies to this acquisition (refer to terms and conditions for details)

- Offerors must include a completed copy of the provision at 52.212-3 Offeror Representations and Certifications-Commercial Items and submit with its offer.

- The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition

- The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items, applies to this acquisition (refer to terms and conditions for details)

Any additional contract requirement(s) or terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices are attached in the Terms & Conditions document.

The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/ or see terms & conditions attached to the solicitation.

In order to be eligible for award, all contractors must have an Active Registration in the System for Award Management (SAM) website https://sam.gov/content/home. Please note, SAM is a free website and there is never a cost to register your entity.

Prior to or following receipt of an award, the Contractor must register with the U.S. Department of the Treasury's Invoice Processing Platform System (IPP) to submit requests for payment. Refer to Terms and Conditions for details. Please note, IPP is a free website and there is never a cost to complete registration. Invoices for services will be paid after the end of the month of service, advanced payments are not allowed.

https://www.acquisition.gov/far/ https://sam.gov/content/home

Important Submission Dates & Site Visit Info:

Site Visit:

Prior to submitting a quote, offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance.

A site visit inspection has been scheduled at 10:00am EDT on Tuesday, 6/20/2023. The site inspection meeting place is located at 116 School Road in Moundsville, WV 26041. The POC is Elaine Barr, 304-483-9886, elaine_barr@fws.gov. Refer to attached Site Visit Location-Parking Map.

Question Submission:

All questions regarding this Solicitation must be submitted in writing to the Contracting Officer, Ryna Russell at ryna_russell@fws.gov no later than 11:00am EDT on Thursday, 6/22/2023. If necessary, questions received will be answered through an Amendment to this Solicitation.

Emails must indicate the following in the subject line: Question Submission 140FS323Q0111.

Quote Submission:

Quotes (including all required documents) must be transmitted via e-mail to the Contracting Officer, Ryna Russell at ryna_russell@fws.gov, no later than 11:00am EDT on Tuesday, 6/27/2023.

Emails must indicate the following in the subject line: Quote Submission 140FS323Q0111.

Required Submittal Documents:

Before submitting an offer, please read the entire solicitation package carefully. Offerors responding to this solicitation must submit the following documents:

1. SF 30 Amendment: (Only if applicable) If amendment(s) were issued, submit signed SF30 documents(s) acknowledging any/all Amendment(s)

2. Price/Quote: Quote must include your Unique Entity ID, Company Name, Address, Point of Contact (POC), POC email & phone number and Per Acre pricing with total cost.

Note: The contractor shall price their quote assuming the minimum hourly wages and fringe benefits as established by the Administrator, Wage and Hour Division, U.S. Department of Labor, Service Contract Act WD#: 2015-4363.

3. Past Experience-Technical Approach- References: Complete the attached questionnaire. All information requested on the form must be provided to be considered for award. Quotes that merely offer to provide services as described in the SOW will not receive further consideration for award.

General statements may be considered less favorably than a more detailed technical document.

Your quote will be considered non-responsive and will not be considered if all the above required documents are not completed in full and received as part of your submittal package.

An award will be made to the Contractor whose submittal documents conform to the requirements as described in this solicitation and who, based on a subjective assessment from the Government, offers the best value to include past performance, knowledge & experience, technical approach, and price. The Government reserves the right to award a contract to other than the lowest priced offer if, in its judgment, the past performance, knowledge, and/or technical superiority outweighs the price difference.

Contracting Officer/Office:

Ryna Russell, Contracting Officer - ryna_russell@fws.gov U.S. Fish & Wildlife Service - Joint Administrative Operations (JAO)

Attachment:

Site Visit Location-Parking Map mailto:ryna_russell@fws.gov

Washington Lands School

Parking

Ohio River Islands NWR Captina Kudzu Site Parking Site Visit: Tuesday, June 20, 2023 at 10:00am

FWS National Realty Boundaries

Use Washington Lands School address for GPS:

116 School Rd, Moundsville, WV 26041 Prior to school, immediately after turning off route 2, parking area is a grass/gravel area in front of refuge gate.

6/12/2023 0 0.07 0.130.03 mi

0 0.1 0.20.05 km

1:5,034

Scope of Work - Page 1 of 11

SCOPE OF WORK (SOW)

Invasive Species Control & Treatment Ohio River Islands National Wildlife Refuge

1. GENERAL INFORMATION

1.1 Introduction.

This contract outlines the invasive species work of kudzu (Pueraria montana) treatment, on Ohio River Islands National Wildlife Refuge (NWR).

At Ohio River Islands NWR (Figure 1), our request is for the control and treatment of kudzu with a foliar spray treatment on 10 acres of the Captina Mainland Tract (Moundsville, WV; Figure 2).

Kudzu sites are accessible via ATV trails and require a foliar spray. Work shall consist of furnishing all equipment, labor and materials necessary to accomplish the specified vegetative control and treatment.

Contractor may need to conduct additional trail clearing to access kudzu within treatment area. Spraying will take place by backpack sprayer or ATV/UTV mounted sprayer. Additional methods can be proposed to Technical Project Officer. After spraying, the contractor will provide spatial data indicating areas sprayed, and spray application rates. There are no water sources available at the site.

1.2 Objectives.

The objectives of this project are to: conduct an herbicide foliar spray of kudzu in the Captina Mainland unit of Ohio River Islands NWR.

1.3 Scope.

The contractor shall furnish necessary herbicide, water and surfactant either listed below in this scope or on the Refuge Approved Herbicide List (Table 1). Any herbicide not listed on this SOW will require approval from the Technical Project Officer prior to application. We recommend the use of Escort XP (metsulfuron).

The contractor shall conduct additional trail clearing in consultation with Technical Project Officer if needed to access kudzu within treatment area. Ohio River Islands NWR is responsible for notifying contactor of any hazards within trail clearing area. The site does contain historic foundations, which may be hard to see with tall vegetation.

The foliar herbicide applications shall occur between August 1, 2023 and October 1, 2023.

All herbicide applications shall be consistent with the product label instructions, manufacturer’s guidance, Refuge Pesticide Use Proposal and the requirements of this contract. Foliar spray of nontarget native species will not be tolerated.

Scope of Work - Page 2 of 11

1.4 Period of Performance.

The performance period of performance shall be August 1, 2023 to December 31, 2023. (time given for final reporting)

Foliar applications shall occur between August 1, 2023 and October 1, 2023, in line with recommended application window specified in Section 1.3. Changes to the above application window dates can only be made with final approval from the Technical Project Officer.

2. LOCATIONS, CONTACTS

2.1 General Location.

Ohio River Islands NWR. Estimated application acres, chemicals to be used, and Technical Project Officer (project contact personnel) are as follows:

2.1.1 Locations.

The kudzu work area is in Moundsville, WV located in Marshall County West Virginia (Figure 2).

2.1.2 Acres to be treated.

These treatment units will be mapped and spatial data including ATV trails will be supplied to the contractor by FWS prior to application.

The contractor will treat with a foliar spray 10 acres of kudzu on the Captina Mainland unit (Figure 2).

Total treatment area is 10 acres.

2.1.3 Herbicide/Surfactant.

Herbicides and surfactant also referenced in Scope, section 1.3. While we highly suggest using the following herbicide, alternatives may be selected in consultation with Technical Project Officer.

For kudzu foliar: 3 to 4 oz per acre of Escort XP (or metsulfuron equivalent), in combination with necessary adjuvant mixed with water.

2.1.4. Technical Project Officer Contact.

Elaine Barr (elaine_barr@fws.gov) is the Technical POC, and Victor Elam (victor_elam@fws.gov) is the backup Technical POC. Both can be reached at (304) 375-2923. Both should be contacted by contractors and contracting officials.

2.2 Site Location.

Treatment areas are located within the polygon depicted in Figure 2. Site location is 5 miles south of Moundsville, WV, near the Washington Lands School, just off WV route 2.

Scope of Work - Page 3 of 11

3. CONTROL GOALS AND HERBICIDES

3.1 General.

Specific treatment areas are identified on the maps and drawings (Figure 2). The contractor is encouraged to visit the sites to determine the logistics required for the work. The purpose of this treatment is to achieve the vegetation control goals described in the next paragraph.

3.2 Vegetation Control Objectives.

All of the identified unit areas will be sprayed, with each area receiving at least 95% coverage of individuals by foliar spray with 90% of the targeted species killed 30 days post treatment for foliar spray.

If less than 90% control is achieved, contractor will re-apply by September 30 of the next year, at their expense. The Technical Project Officer(s) will be responsible for documenting that less than 90% of the area was effectively treated, and notifying the contractor within 45 days after the spraying activity (e.g.

will survey the area, take digital photographs).

3.3 Herbicide Selection Procedure.

The contractor will use “Escort XP”/metsulfuron 60% or their chemical equivalents when similarly labeled materials are available and/or other NWR Technical Project Officer pre-approved pesticides (Table 1). Herbicides will be appropriately labeled for specific application. No restricted use herbicides are allowed. No herbicides can be used on National Wildlife Refuge property without prior approval from the Technical Project Officer. In addition, all carriers and adjuvants must be non-toxic as well as approved by Technical Project Officer. The surfactant shall be added per label instructions to all herbicide mixtures.

3.4 Minimizing Impacts to Non-Target Species.

All applications will be in accordance to the best management practices of the State of West Virginia and federal guidelines. No broadcast spraying shall be performed when wind speeds exceed specifications listed on the herbicide label, or 10 mph, whichever is less, or wind directions are likely to result in drift to non-target areas. Broadcast spraying will occur more than 24 hours before forecasted rain event.

4. NOTIFICATION OF TREATMENT

The contractor will provide a 72-hour notice to the NWR Technical Project Officer before arriving at the site locations for herbicide treatment work. This will avoid any conflicts with ongoing Refuge management activities and ensure that Refuge staff is available to answer questions, if required, and also to participate in any reconnaissance that may be conducted. The telephone number for the office is listed above.

5. HANDLING, MIXING, APPLICATION RATES AND METHODS

5.1 Handling and Mixing.

All herbicides will be handled and stored in accordance with instructions on the EPA registration label.

All herbicides shall be mixed in accordance with the label instructions so that the desired rate of application can be attained with the contractor's application equipment. Mixing water cannot be supplied at the site and the contractor is expected to supply their own mixing water. The contractor is required to

Scope of Work - Page 4 of 11 provide a secondary containment system around their herbicide mixing area when herbicides are mixed if mixed on government property. This containment system must be constructed of impervious materials.

In addition, the contractor will ensure that no contamination of any water source occurs and that emergency spill containment equipment is at the worksite and is capable of containing all potential herbicide spills from contractor vehicles/equipment. Unused, mixed pesticides will be disposed of in accordance with local, state and EPA guidelines. Spray equipment cleaning will also be accomplished in accordance with these guidelines. Prior to leaving a worksite for the day, the contractor shall remove all equipment and unused materials, any waste materials, oil, empty herbicide containers and litter resulting from contract activities on government property.

5.2 Equipment.

Required equipment includes sprayers (backpack, ATV sprayers, etc.) and necessary personal protective equipment. The equipment used by the contractor shall be designed for such work and operated in a safe manner. The equipment will be limited to function only within the patches of invasive species and adjacent trails. The equipment will be capable of accurately delivering a predetermined rate per acre dosage of herbicide and proof of calibration for broadcast sprayers will be provided or demonstrated upon request. Equipment is required to be cleaned before arrival on site to avoid spreading invasive weeds.

5.3 Rates and Method of Application.

Application rates will be per the specification on the material safety data sheet, labeling and manufacturer's suggested rate tables, per chemical used, and the desired results identified in “3.2 Vegetation Control Objective”.

6. SAFETY AND CERTIFICATION

6.1 Safety Manual.

Notwithstanding any other provisions of this contract, the Contractor shall comply with all safety and health requirements as outlined in OSHA Safety Standards to ensure the safe working conditions for his/her employees and government workers.

6.2 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, as 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).

6.3 Licensing.

The contractor, all of her/his employees, and any subcontractors performing any of the work under this contract shall possess a valid state commercial herbicide applicator's license for West Virginia and shall comply with all Federal, State, and local laws and regulations applicable to the contract work and to the products and materials used by the contractor in performing that work.

Scope of Work - Page 5 of 11

6.4 Public Safety.

Public safety must be ensured when spraying or using pesticides. In application areas where there is potential for use by the public, the refuge staff will station personnel to enforce closure during time of spraying and/or place appropriate warning signs which inform the public that pesticide application work is on-going.

6.5 EPA Registration Label.

All work shall be performed in accordance with the instructions on the EPA registration label of the chemical herbicide used. All safety instructions featured on the label shall be strictly adhered to.

6.6 Material Safety Data Sheets.

Material Safety Data Sheets (MSDS) shall be submitted to the Contracting Officer with the “Application Plan” as outlined in Section 7.1. The Contractor shall also make these MSDSs readily available to all affected contract employees.

6.7 Spills and Contamination.

The contractor shall submit as part of the "Application Plan" described in Section 7.1, the response measures to be implemented should a spill or contamination occur. The contractor's immediate response to a spill or contamination shall be to proceed with the required measures to limit the contamination.

Immediately following this initial response, the contractor shall notify the appropriate Project Officer at the work location and other appropriate local, state, and federal officials. Subsequent to these actions, the contractor shall take actions to clean up the spill as recommended by the Project Officer. Should a personnel contamination occur, the contractor shall take immediate actions as prescribed by chemical manufacturer so as to protect the safety and health of the contaminated individual(s). Immediately following the contractor's initial response, the incident shall be reported to the appropriate Project Officer.

7. SUBMITTAL AND REPORTING

7.1 Application Plan.

The contractor shall submit an electronic copy of an application plan to the Contracting Officer. This plan shall outline the types of herbicides, planned application rates, hyperlinks to the most current SDS (former MSDS) 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 MSDS's and that personal protective equipment as specified by the MSDS's 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 state, local and federal regulations. This plan shall be submitted for review and approval within 10 working 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.

Scope of Work - Page 6 of 11

7.2 Post-Application Documentation.

The contractor shall submit a spray log to the Project Officer detailing: day(s) and time(s) sprayed, crew members, chemical applied, application rate, weather conditions (average windspeed, temperature, humidity, cloud cover). The contractor shall also provide ArcGIS shapefiles or a geodatabase with layers to the refuge Project Officer showing areas sprayed. Shapefiles will be geo-referenced using the Grid Coordinate System: UTM zone 17 and Horizontal Datum: NAD 1983.

In addition, copies of spray logs will be submitted to the Project Officer within 10 working days of each application.

8. PREWORK MEETING

Within 10 days of accepting the contract, the contractor shall contact the Contracting Officer to arrange a meeting to discuss and develop a mutual understanding of the requirements and details of work. This meeting can occur onsite or by phone dependent on location and availability of contractor and Technical Project Officer. There may also be occasions when subsequent conferences will be called to reconfirm understandings or provide clarifications on contract requirements.

9. LIABILITY OF AND DAMAGES TO THE GOVERNMENT

9.1 Insurance.

The contractor will carry liability insurance that will cover the application of pesticides as defined in this specification. This coverage will include as a minimum, drift, run-off, and pollution (sudden and accidental) for all contract operations. The amount of coverage this insurance will provide will not be less than $10,000 per incident. A Certificate of Insurance form signed by the insuring agency shall be provided to the contracting officer prior to award of the contract. The insurance must provide coverage for the entire contract period. The insurance policy shall state that it cannot be cancelled without 30 days written notice to the Contracting Officer. Failure to secure insurance will be grounds for non-award and termination of the insurance during the performance period of this contract for any reason will be grounds for termination of this contract. The contractor will be in default and the contract terminated if the insurance lapses and is not immediately replaced with equal coverage. (If insurance lapses, work will be suspended pending replacement insurance. The delay is not compensable to the contractor).

9.2 Government Liability.

The Government assumes no liability from the contractor's 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.

9.3 Responsibility for Damages.

The contractor is responsible for all damages to persons and property resulting from performance of the contract work.

Scope of Work - Page 7 of 11

10. WARRANTY

The contractor warrants that:

Should the desired results not be achieved, as described in “3.2 Vegetation Control Objectives”, the contractor will, at no additional cost to the Government, reapply the herbicide to those areas where targeted vegetative growth continues or recurs, between August 1 and October 1 of the following year.

The determination as to the acceptable performance of the contractor and the need to reapply the herbicides will rest solely with each NWR Technical Project Officer, his authorized representative. A request to retreat an area may be either verbal or in writing.

10.2 Damage Control.

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 government personnel 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 local, State, or Federal laws.

11. INSPECTIONS AND ACCEPTANCE

Work will be inspected periodically for conformance with these specifications for timeliness, safety and results achieved.

Scope of Work - Page 8 of 11

Table 1. List of preferred and permitted herbicides to be used for this project. Any herbicide alternative not included on this list will require review by Technical Project Officer.

Tradename Active Ingredient

% of Active Ingredient

Broadcast Rate Comments

For kudzu foliar treatment

Escort XP metsulfuron 60 3 to 4 oz per acre

Preferred active ingredient and percentage

Scope of Work - Page 9 of 11

Figure 1. Location of kudzu treatment site indicated by red star on Captina Mainland Unit in Marshall County, WV.

Scope of Work - Page 10 of 11

Figure 2. Treatment Site. Captina Mainland Unit in Ohio River Islands NWR; Marshall County. 10 acres of kudzu. Shapefiles are available to contractor upon request.

Scope of Work - Page 11 of 11

Figure 3. Captina Mainland Kudzu treatment area, including percent cover of Kudzu in 100 x 100m grid cells. Mapped in 2022

Past Experience Questionnaire – 140FS323Q0111

PAST EXPERIENCE – TECHNICAL APPROACH -

REFERENCES QUESTIONNAIRE

RFQ/Solicitation No. 140FS323Q0111 Invasive Species Control and Treatment

U.S. Fish & Wildlife Service Ohio River Islands National Wildlife Refuge

Your Company Name:

SAM Unique Entity ID (UEI)#:

Street Address:

City, State and ZIP Code:

POC Name:

POC Phone Number:

POC Email:

Type of Business: Corporation ___ Partnership ___ Sole Proprietor ___ Other ___ (describe)

To receive consideration, complete and submit the information requested below with your quote. If additional space is needed this form may be duplicated as necessary or you can provide your own form.

**ALL INFORMATION MUST BE PROVIDED TO BE COMPLIANT WITH SOLICITATION**

Knowledge & Experience:

Provide the Government information regarding the following elements:

• Identify Key Personnel, their qualifications, years of experience, and their role in contract performance (i.e., Foreman, Crew Leaders, Applicator, etc.).

• Brief description of your experience and ability in herbicide application techniques, transport, and storage.

• Brief description of your experience and ability with treatment of invasive plants in a habitat restoration project; particularly those related to coastal habitats or sensitive soils (sandy or wetland soils).

Technical Approach:

Provide the Government the following information:

• Your proposed treatment methods (i.e., foliar spray, etc.) and treatment timing and frequency and any supporting justification on why it’s the most effective control method.

• List of equipment or resources available to this particular project including application equipment, vehicles, etc. Identify the equipment that will be used to treat/access the site and move around within the treatment area; explaining the minimum impact to soils and native vegetation and include pounds per square inch rating on any equipment to be used.

• Identify the chemicals (including surfactants) to be used and formulations.

Past Experience Questionnaire – 140FS323Q0111

References and Relevant Past Performance/Experience:

Offeror shall demonstrate satisfactory performance of same or similar work on previous contracts.

Offeror shall provide information relevant to Offeror’s quality of service, timeliness of performance, customer satisfaction/working relationships, and management skill. Offeror shall submit a list of customers during the past 3 years, including names and phone numbers of contacts that the Government may use to verify that satisfactory performance was provided to customer. Offerors that are newly formed entities, without prior contracts as an entity, should list contracts and subcontracts completed by all key personnel.

First Contract Reference:

Contract Agency or Company Name:

Contract Number (if applicable):

Total Contract $ Value:

Point of Contact (POC) Name:

POC Telephone #:

POC E-mail address:

Contract Start and End Date:

Scope of Project: (Sufficient details must be provided for the Government to perform an evaluation)

Second Contract Reference:

Total Contract $ Value:

Point of Contact (POC) Name:

POC Telephone #:

POC E-mail address:

Contract Start and End Date:

Third Contract Reference:

Total Contract $ Value:

Point of Contact (POC) Name:

POC Telephone #:

POC E-mail address:

Contract Start and End Date:

1) Certification:

I certify that all of the statements made by me are complete and correct to the best of my knowledge and that any persons named as references are authorized to furnish the Government with any information needed to verify my business and employee’s capability to perform this project.

Certifying Official’s Name and Title:

Date:

Terms & Conditions

TERMS & CONDITIONS

DEPARTMENT OF INTERIOR (DOI)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS

Invoice Processing Platform (IPP) (April 2013)

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov 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.

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: Upload a hardcopy/pdf of your invoice into IPP

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 IPPCustomerSupport@fiscal.treasury.gov 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 local Clause)

52.252-1 – Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: https://www.acquisition.gov/browse/index/far

Provisions Incorporated by Reference 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-17 Ownership or Control of Offeror (Aug 2020) 52.204-20 Predecessor of Offeror (Aug 2020) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

(Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any

Federal Law (Feb 2016) 52.212-1 Instructions to Offerors- Commercial Products and Commercial Services (Mar 2023) 52.212-3 Offeror Representations and Certifications -- Commercial Products and Commercial Services (Dec 2022) 52.219-1 Small Business Program Representations (Mar 2023) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.222-25 Affirmative Action Compliance (Apr 1984) https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov https://www.acquisition.gov/browse/index/far

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (Dec 2016) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—

Representation and Certifications (Jun 2020) 52.237-1 Site Visit (Apr. 1984)

Provisions Incorporated by Text

52.212-2 - Evaluation -- Commercial Products and Commercial Services (Nov 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Best Value o Past Performance o Knowledge & Experience o Technical Approach o Price

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

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 address: https://www.acquisition.gov/browse/index/far

Clauses Incorporated by Reference 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.212-4 Contract Terms and Conditions -- Commercial Products and Commercial Services (Dec 2022) 52.223-3 Hazardous Material Identification and Material Safety Data (Feb 2021) 52.228-5 Insurance - Work on a Government Installation. (Jan 1997) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.237-3 Continuity of Services (Jan 1991) 52.247-34 F.O.B. Destination (Nov 1991)

Clauses Incorporated by Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (Jun 2023)

(a) 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:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_237.htm#P2_55 https://www.acquisition.gov/browse/index/far http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_237.htm#P2_55 https://www.acquisition.gov/far/part-52#FAR_52_203_19

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)).

(2) 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).

(3) 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).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 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)).

(b) 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. 4655).

__ (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 Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C.

2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637(a)(14)).

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__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657 f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2023) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned

Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible

Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Dec 2022) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008)

(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global…

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