Sol_140P2021Q0005.pdf

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Denver CO 80225-0287 P.O. Box 25287 12795 W. Alameda Pkwy DOI, NPS, DSC Contracting Services

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03/10/2021 1400 MS

02/26/2021

303 969 2064Todd Stackhouse (No collect calls)

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140P2021Q0005

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59 2 of

Restoration of Native Vegetation SOLICITATION NO. 140P2021Q0005 Badland National Park (227427/225939) Page 3 of 59

SUPPLIES OR SERVICES AND PRICES/COSTS

This requirement is for one(1) Firm Fixed Price Commercial Items Services Contract for Restoration of Native Vegetation at Badland National Park.

Item no.

Item Description

Quantity

Unit of Measure

Unit Price

Total

0001 Task 1 – 2021 Native Plant Container Plant Propagation

1 Lump Sum

0002 Task 2- 2021/2022 Container Plant Delivery

0003 Task 3 – 2021/2022 Container Plant Install

0004 Task 4-2021/2022 Hand Seeding & Blanket Re-install

TOTAL – Base (Option Item)

Task 5-2021/2022 Container Plant Maintenance

(Option Item)

Task 6-2023 Container Plant Maintenance

Item)

Task 7-2022 Container Plant Replacement Propagation and Delivery

Item)

Task 8-2022/2023 Container Plant Replacement Install

Item)

Task 9- 2024 Container Plant Replacement Watering

Item)

Task 10- 2025 Container Plant Replacement Watering

TOTAL – Options

TOTAL – Base + Option

PERIOD OF PERFORMANCE: See Deliveries or Performance section.

(End of Supplies/Services and Prices/Costs)

Badland National Park (227427/225939) Page 4 of 59

STATEMENT OF WORK

Badlands National Park PMIS #227427/225939

Contract # February 26, 2021

Container Plant Propagation, Install, & Maintenance for Road Improvement Projects

SCOPE: The contractor shall perform the work of this contract for the National Park Service (NPS) as described below.

CONFIDENTIALITY: The information developed under this contract is the property of the U.S. government and shall be kept in strict confidence.

PERFORMANCE PERIOD: The base work, Option 5, and Option 7 of this contract shall be provided from approximately March 1, 2021 through December 31, 2022.

Option 6 and 8 would span January 1, 2023 through December 31, 2023. Option 9 would span January 1, 2024 through December 31, 2024. Option 10 would span January 1, 2025 through December 31, 2025.

PROJECT IDENTIFICATION: The work of this contract shall consist of native container plant grow-out, installation, and maintenance.

CONTACTS:

• The Contracting Officer’s Representative (COR) for this contract is: See COR appointment Letter

I. GENERAL DESCRIPTION OF WORK

This contract will provide native container plants, installation, and maintenance to facilitate the restoration of native vegetation along the Badlands Loop Road disturbed by road repair, construction activities, and invasive species at Badlands National Park (BADL). The road repair and construction is projected to take place from 2020 to 2021 with approximately four acres of disturbance anticipated. Disturbances along the road will be addressed by seeding (not part of this contract) and container plantings. The NPS expects that plants shall be outplanted in either the fall of 2021 or early spring of 2022, depending on the average container plant size, weather, and other logistical considerations.

II. SCOPE OF SERVICES

TASK 1. 2021 Native Container Plant Propagation (Item No. 0001)

The work of this task is to propagate four native plant species, Rhus trilobata, Oenothera suffretescens, Ericameria nauseosa, and Gutterezia sarothrae at the rates presented in Table 1. Adjustments to the quantities of the four species may be made with prior approval of the COR. Seed for these container plants shall be provided by the NPS or stem cuttings may be collected by the Contractor from

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BADL (with approval specifications from the COR). Seed was collected in 2020 and the rough cleaned amounts and viability results from February 2021 testing can be found in Section III below. The Contractor shall provide all labor, materials, equipment, supplies, and transportation to grow the container plants. Container plants shall be delivered with roots that are robust and running to the bottom of the container. The size/type of container is negotiable, but must be at least 8 inches in length and 1.5 inches wide.

Table 1.

Species Number of Containers Ericameria nauseosa 1600 Gutterezia sarothrae 1750 Oenothera suffretescens 400 Rhus trilobata 1250

TOTAL 5,000

As part of the bid proposal the Contractor shall provide their intended schedule and plan/protocol to propagate the species and quantities listed in Table 1. They shall also describe their plans for compensating for grow-out failures or disease/pest infestations. The Contractor shall grow plants as directed herein using the Quality Standards as listed in Section III and the plan submitted and approved by the COR as part of their proposal. The container plant propagation protocol shall include at a minimum the following items:

1. Container plant propagation, maintenance, and handling methods/procedures.

2. Facilities and supplies (e.g. soil composition, pot size/type, etc.) that will be utilized.

3. Nursery and equipment cleaning and other disease/pest prevention procedures.

The Contractor shall provide NPS an email with representative pictures, health status, and number of plants every other month starting once plants have germinated until the plants are delivered.

TASK 2. 2021/2022 Container Plant Delivery (Item No. 0002) The Contractor shall follow state plant transfer laws and assure safe, legal, and prompt delivery of the container plants to BADL. Plants shall be delivered to either the BADL installation sites or the park maintenance yard at park headquarters in late October-early November 2021 (exact date and delivery locations shall be determined with the COR at least two weeks prior to delivery to ensure installation will begin within 24 hours). If the COR determines that plants are not to the desired root to shoot ratio and size requirement listed in Task 1. delivery may be delayed until spring (likely April) 2022.

Plants shall be transported in vehicles that are clean and provide protection from the elements. Container plant delivery shall be expedited to minimize the amount of time the plants spend in non-climate-controlled conditions. Plants shall arrive at BADL undamaged and in a healthy condition, or they shall be rejected by the COR. The Contractor shall ensure plants shall be placed in an area sheltered from wind/direct sun at

Badland National Park (227427/225939) Page 6 of 59 either the installation sites or maintenance yard and that the plants remain hydrated during installation. The Contractor shall be responsible for providing this shelter if it is not available at the park maintenance yard.

TASK 3. 2021/2022 Container Plant Installation (Item No. 0003) The Contractor shall provide a proposal to install the 5,000 container plants, including approximate hours, amount of personnel needed, and equipment to be used. The Contractor should anticipate installation over two acres or roughly 2,500 plants per acre. Plants shall be arranged in clustered patterns of three plants, with two foot spacing between individuals in the cluster. The combination of plant species in a cluster shall be determined by the COR. The two acres to be planted shall be divided between three main planting areas, which are within 100 feet of the Badlands Loop Road from the junction of Pinnacles Entrance to the Fossil Trailhead Parking Area. The three main planting areas are located at Dillion Pass, Big Foot Pass, and Fossil Trailhead.

One acre of the area to be planted occurs on slopes between 3:1 and 2:1, with the other acre (Fossil Trail area) occurring on flat land. These areas have been decompacted, had topsoil placed, seeded with local native seed, and covered with wood-staked natural fiber blankets. The Contractor should expect to cut incisions in the blanket wide enough to then install the container plant. The Contractor should also note that wheel mounted/large augers shall not be permitted due to the likelihood of excessive disturbance, however other smaller mechanized equipment may be approved by the COR. The Contractor shall be responsible for ensuring that all plants are installed according to the Quality Standards listed below in Section III. Please note this task includes watering the planting holes and plants after they have been installed. Water is available at no charge to the Contractor within BADL at the Cedar Pass Headquarters in the park's maintenance area. A two-inch hose connection is available. Some water may be available at the park's Pinnacles Entrance Station, but the tank there holds only 1,800 gallons. Both Cedar Pass and Pinnacles can be accessed by pickup truck and trailer and possibly larger vehicles. The Contractor shall be required to provide traffic control in the form of signage and temporary flaggers for when plants/water are being brought to the sites. The Contractor shall also be responsible for taking representative pictures of each planting location to depict both the overall site and close-ups of plant installation.

TASK 4. 2021/2022 Seeding and Blanket Reinstall (Item No. 0004) The planting area at Fossil Trailhead was seeded and blanketed in the fall of 2020. The area is a total of roughly one acre, flat, and immediately adjacent to a road and parking area. The NPS expects that this area will need to be reseeded with a more diverse species mix (only one species was used) and the blanket replaced. The NPS shall provide the seed and the natural fiber blankets (excelsior-Curlex II fibernet) are already onsite (secured with staples and not trenched). The Contractor shall be responsible for rolling back the blanket (which was secured with staples), hand seeding the seed mix, raking in the seed with hand rakes to less than half an inch in depth, and replacing the blankets. The Contractor may assume that if it is mutually determined that it would be more economical to discard the existing blanket and replace with in-kind new fabric (bought be NPS) this will be an acceptable alternative. The Contractor should assume this work will be performed in conjunction with the container plant installation.

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This task shall also follow all the Quality Standards listed below in Section III.

TASK 5. OPTION: 2021/2022 Container Plant Maintenance (Item No. 0005) The Contractor (if they so choose to bid on this Option) shall be responsible for maintaining the container plants from the date of their installation (projected to be early November 2021) till October 2022. (Note: If installation is delayed until spring 2022 the Contractors maintenance cost proposal from November 2021 to actual install shall be de-obligated from the contract.) Maintenance shall involve watering the plants and removing non-native invasive plants from the planting site (i.e.

entire area in-between individual plants and clusters and a 10 foot buffer around the outside perimeter of clusters). The Contractor shall submit a proposal regarding watering methods/equipment, water source, timing, and frequency for the maintenance period post installation for COR approval. The Contractor should assume that less watering will be necessary for the second year of maintenance post installation. The Contractor should also assume that traffic control in the form of signage/cones will be needed for watering vehicles at all the locations. Traffic control in the form of flaggers will be needed for watering vehicles in the road for the Dillon and Big Foot planting areas.

The Contractor shall also submit a proposal to perform invasive plant treatment of the target species listed below in Table 2. The total treatment area is anticipated to be four acres. Treatment may consist of manual and/or herbicide methods, but must result in the effective destruction of the invasive and proper removal of any of its propagative parts, while carefully avoiding impacts to native germinates and container plants. The Contractor should assume at least three treatments will be necessary starting during the growing season (typically June) of 2021 and continuing through August 2022. It is expected that most invasive plant treatment (with the exception of summer 2021 treatments) will occur in conjunction with watering efforts, in order to limit the amount of travel time. If invasives are not controlled before they reach a flowering or seeding stage they shall have the reproductive parts bagged in three mil or greater plastic, sealed to prevent seed dispersal, and disposed of legally off site. Efforts will be made to ensure that seeds and/or vegetative propagule of invasive plants will be removed from clothing and equipment prior to leaving treatment sites. If the contractor determines herbicide control methods are the most effective means of removing invasives the following requirements/protocols shall be implemented:

• One person in the crew must possess a current Qualified Applicator’s license (from any State)

• Utilize the following herbicides: glyphosate, chlorsulfuron, aminopyralid, clopyralid, and imazapyr

• Adhere to herbicide label instructions

• Spray only when weather conditions are conducive to effective uptake of the herbicide by the targeted species (e.g., sunny, dry, and when plants are actively growing) and when wind conditions are such that herbicide drift is minimal

• Avoid non-targeted species during herbicide application

• Do not store herbicide on BADL land without COR approval

• Select existing hardened surfaces or disturbed sites for staging/mixing areas. To reduce the potential for spills, impervious material, such as a bucket or plastic, Badland National Park (227427/225939) Page 8 of 59 shall be placed beneath mixing areas in such a manner as to contain any spills associated with mixing/refilling.

• An Emergency Spill Response Plan and spill kit will be on-site when herbicide treatment methods occur. This Plan will include project safety planning, methods of clean-up of accidental spills, and information including a spill kit contents and location.

• Herbicide use reporting logs shall be documented in a table format and provided to the COR yearly by October. Each entry in the table shall include: the date of treatment; location, amount and type of chemical applied; adjuvants included;

target species and estimated number of individuals treated; size of treated area;

weather conditions; name and herbicide license; number of applicators; method of application; and other vital information.

Table 2. Target Invasive Species to Treat

Acroptilon repens Russian knapweed Agropyron cristatum crested wheatgrass Alopecurus pratensis meadow foxtail Brassica nigra black mustard Bromus japonicus/squarrosus/tectorum bromes

Camelina microcarpa little pod false flax Centaurea biebersteinii spotted knapweed Centaurea cyanus cornflower Chorispora tenellla blue mustard Cirsium arvense Canada thistle Cirsium vulgare bull thistle Convolvulus arvensis European bindweed Dactylis glomerata orchardgrass Echinochloa crus-galli barnyard grass Eragrostis cilianensis stinkgrass Erodium cicutarium filaree Halogeton glomeratus saltlover Kochia scoparia common kochia Lepidium perfoliatum clasping pepperweed Linaria dalmatica Dalmatian toadflax Lycium barbarum matrimony vine Lolium perenne/pratense ryegrass Medicago lupulina/sativa alfalfa Melilotus officinalis/alba* sweetclover Pennisetum glaucum yellow bristle grass Ranunculus testiculatus bur buttercup

Rumex crispus/stenophyllus dock

Salsola collina/kali/tragus Russian thistle Setaria viridis green bristlegrass Sisymbrium altissimum/loeselii tumble mustard Tamarix gallica/parviflora/ramosissima saltcedar

Thinopyrum ponticum rush wheatgrass Tribulus terrestris puncture vine Trifolium dubium/hybridum/pratense clover

Verbascum thapsus mullein

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A report summarizing labor hours spent performing watering and weed control and number of living container plants shall be submitted to the COR on at least a quarterly basis or whenever the Contractor requests payment. The Contractor shall also provide representative pictures of the planting areas at this time, documenting the overall health of container plants and removal of invasives.

This task shall also follow all the Quality Standards listed below in Section III.

TASK 6. OPTION: 2023 Container Plant Maintenance (Item No. 0006) This bid option will be exercised if the COR determines the planting sites are in need of further maintenance (i.e. watering and invasive plant removal). Contractor shall follow the Scope of Services listed above for container plant maintenance under Task 5 of Section II and the deliverables/timeline listed below under Section IV. Schedule. This task shall also follow all the Quality Standards listed below in III.

TASK 7. OPTION: 2022 Container Plant Replacement Propagation and Delivery (Item No. 0007) The work of this task is to propagate additional Rhus trilobata, Oenothera suffretescens, Ericameria nauseosa, and Gutterezia sarothrae at the rates presented in Table 3.

Adjustments to the quantities of the four species may be made with prior approval of the COR. This bid option will be exercised if the COR determines the planting sites are in need of additional container plants, due to erosion/invasive plant infestation concerns, die off of original plants, or other issues. Seed for these container plants shall be provided by the NPS or stem cuttings may be collected by the Contractor from BADL (with approval specifications from the COR). The Contractor shall follow the Scope of Services listed above under Tasks 1 and 2 of Section II and the deliverables/timeline listed below under Section IV. Schedule.

This task shall also follow all the Quality Standards listed below in III.

Table 3.

Species Number of Containers Ericameria nauseosa 640 Gutterezia sarothrae 700 Oenothera suffretescens 160 Rhus trilobata 500

TOTAL 2,000

TASK 8. OPTION: 2022/2023 Container Plant Replacement Installation (Item No. 0008) This task shall only occur if Task 6 is exercised and follow the Scope of Services listed above under Task 3 of Section II for 2,000 container plants and the deliverables/timeline listed below under Section IV. Schedule. This task shall also follow all the Quality Standards listed below in III.

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TASK 9. OPTION: 2023/2024 Container Plant Replacement Watering (Item No. 0009) This task shall only occur if Tasks 6 and 7 are exercised and follow the Scope of Services listed above under Task 5 of Section II for watering only (invasive plant removal is not part of this task) of 2,000 container plants. This task shall cover watering for one year post installation of the replacement plants. This task shall also follow all the Quality Standards listed below in III and the deliverables/timeline listed below under Section IV. Schedule.

TASK 10. OPTION: 2024/2025 Container Plant Replacement Watering (Item No. 0010) This task shall only occur if Task 8 is exercised and the COR determines additional watering is necessary. The Contractor shall follow the Scope of Services listed above under Task 5 of Section II for watering only (invasive plant removal is not part of this task) of 2,000 container plants. This task shall cover watering from one year post installation of the replacement plants to two years post installation. This task shall also follow all the Quality Standards listed below in III and the deliverables/timeline listed below under Section IV. Schedule.

III. QUALITY STANDARDS

Quality Standards shall be in accordance with the base contract, commercial practices, and as described in this statement of work.

If the Contractor has concerns regarding meeting any of the following quality standards, the COR must be notified in writing with an explanation and possible corrective actions at the earliest opportunity. A determination of the most effective corrective action as mutually agreed upon will be made, which may result in a modification of this contract.

CONTAINER PLANT PROPAGATION

2. Species Propagation: Contractor must be knowledgeable of propagation methods for the plant species or similar species requested for propagation.

3. Seed Amounts and Viability: The amount of rough cleaned seed and TZ results per species is as follows: Rhus trilobata 2.5 pounds (TZ 92%), Oenothera

2.2 lbs (TZ 95%)., Ericameria 38 lbs (TZ 37%), Guterrezia 8.4 lbs (TZ 48%).

4. Disease/Pest Control: Contractor must conduct preventative and reactive actions to ensure that container plants do not become infested with insects or non-target plants and that disease and pathogen spread is localized and those plants are removed. If the NPS determines pathogens (such as Phytophthoras) may be a concern, the Contractor shall allow the NPS to conduct testing.

5. Container Plant Standards: All plants shall be in a healthy growing condition and shall have good vigor, fully developed roots filling the container but

Badland National Park (227427/225939) Page 11 of 59 showing no tendency toward being rootbound, and in pots of at least 8 inches in length and 1.5 inches wide. The COR shall inspect and approve all container plants prior to planting to ensure they are healthy, free of weed, pests, and disease, and the proper size.

6. NPS Property: NPS has a strict policy related to plant materials originating within the boundaries of the park. All seed, cuttings, and resultant container plants shall be provided to the NPS or be destroyed.

7. Reporting: The Contractor shall provide NPS an email with representative pictures, health status, and number of plants every other month starting in February 2021 until the plants are delivered.

8. Acceptance: Full payment for container plant propagation efforts shall be approved once the COR determines the plants are meeting all the quality standards required by this statement of work. If the COR deems the plants are not meeting the standards the plants may be rejected or accepted in accordance with clause 52.212-4 – Contract Terms and Conditions – Commercial Items.

CONTAINER PLANT DELIVERY

1. Delivery Timing: The Contractor shall work in conjunction with the COR to ensure that the delivery date/timing is coordinated with BADL and is agreeable to all parties, two weeks in advance of delivery.

2. Conformance with State Law: The Contractor shall follow state plant transfer laws and assure safe, legal, and prompt delivery of the container plants to BADL.

3. Transport Vehicle: Vehicles and equipment used to transport the container plants shall be clean (i.e. free of soil, plant parts, and pests) prior to loading plants to prevent the spread of disease/pathogens and non-native plants. The transport vehicles shall also provide protection for the plants to prevent damage and dehydration.

4. Transport Handling: During transport from the nursery to the planting site the containers will be handled carefully, not dropped, tossed or otherwise roughly handled.

5. Temporary Storage: Upon plant delivery, container plants shall be stored in a temporary storage location designated by the COR. The Contractor shall ensure that plants are stored in areas protected from wind and full sun and that container soil is thoroughly moistened.

CONTAINER PLANT INSTALLATION

1. Weed Prevention Protocol: Ensure all vehicles, gear, tools, equipment, personnel (e.g., clothing, boots, laces) PPE, etc. involved with or otherwise used in project installation arrive to the project site clean and free of off-site soil and organic debris.

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2. Plant Layout/Blanket Incisions: The Contractor shall work with the COR to mark the planting locations of the container plants and layout the species clusters at the planting locations. Incisions in the natural fiber blanket shall be made to the minimum extent possible to allow for planting.

3. Planting Specifications: All container plants shall be planted in accordance with the following specifications:

• Immediately prior to planting plants shall have thoroughly moistened soil.

• All planting holes shall have vertical sides with roughened surfaces, and be one and one-half (1.5) times the diameter and 2-3 inches deeper than the depth of the plant’s container.

• Care shall be taken to prevent as much damage as possible to surrounding native plants from digging disturbances, such as trampling and soil removed from planting holes.

• Any roots wrapped around the sides of the containers shall be pulled loose from the root balls. Plants shall be planted with the roots untangled and laid out in the planting holes to promote good root growth and prevent the plants from becoming root bound.

• Roots shall be adequately protected at all times from the sun and/or drying winds. Plants shall not be removed from their containers until immediately before planting. The container shall be removed in a manner that does not damage the root ball or plant.

• After excavation and before planting, the planting holes shall be filled with water. Holes shall be allowed to drain thoroughly before planting to reduce settling.

• Plants shall be set in the thoroughly drained planting holes so that the crowns of the root balls are 0.5 inch above finished grade when backfilled with soil. The soil around the planting shall be tamped down sufficiently to eliminate any air pockets in the soil. The crowns of the plants shall not be depressed.

• A watering basin 3-5 inches in diameter shall be constructed around each plant in a manner that causes the least amount of disturbance to the surrounding seeded area.

• Each plant shall be individually watered at the time of planting with sufficient water to reach the lower roots. Special care must be taken to prevent the soil from washing away from the roots and the root crown from being buried with soil.

4. Reporting: The Contractor shall be responsible for taking representative pictures of each planting location to depict both the overall site and close-ups of plant installation.

The total number of container plants at each location shall also be recorded.

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SEEDING/BLANKET REPLACEMENT

1. Seeding: Prior to seeding the existing natural fiber blanket shall have to be un-staked and rolled up to allow for hand broadcast seeding. In order to ensure that the seed is being applied at the correct rate, areas to be seeded shall be marked off/flagged at a minimum of half acre increments prior to seeding. Seed shall be applied by hand or with hand seeders. Seed will be distributed in such a way as to assure all species in the seed mix are evenly distributed across the area, regardless of seed size.

Lightly rake the seed into the soil to a depth of ¼”. Do not smooth with the backside of the rake, light furrows in the soil are desired. Note: Seed shall be pre-mixed and provided by the NPS.

2. Blanket Replacement: After seeding and raking has commenced, reinstall existing excelsior-Curlex II fibernet blanket. Blanket should have solid contact with the soil throughout and be free of wrinkles. Blanket shall be secured with existing or new staples in a pattern similar to that initially implemented and not trenched at the sides.

WATERING

1. Timing: It is expected that the Contractor shall ensure that container plants are watered in a timely manner and with enough water to ensure their survival. The Contractor shall be responsible for monitoring the health of the container plants and the need for watering.

2. Damage Control: The Contractor shall ensure that watering efforts shall not damage or destroy native vegetation, nor create/lead to erosion impacts in either the planting or surrounding areas.

3. Methods: The Contractor shall submit a watering plan for COR approval as part of the bid proposal. If the Contractor wishes to deviate from this plan, the changes must be submitted in writing to the COR for approval. Note: Water will be available to the Contractor within BADL.

4. Reporting: The Contractor shall be responsible for recording and submitting to the COR the frequency of watering, labor required, and water used on at least a quarterly basis or whenever the Contractor requests payment. This information will be submitted in conjunction with the number of currently living container plants.

NON-NATIVE PLANT TREATMENT

1. Species Identification: Crews must be knowledgeable of local plant species and able to identify non- native species in Table 2.

2. Weed Prevention Protocol: Ensure all vehicles, gear, tools, equipment, personnel PPE, etc. involved with or otherwise used in non-native plant treatment arrive to the project sites clean and free of off-site soil and organic debris. Efforts shall be made to insure that seeds and/or vegetative propagule of invasive plants will be removed from clothing and equipment

Badland National Park (227427/225939) Page 14 of 59 prior to leaving treatment sites.

3. Treatment Timing and Efficacy: Contractor to provide treatment protocol for each species for approval by COR. Methods may include approved herbicides and manual removal. Conduct treatments at the appropriate time to eradicate plants and prevent further spread. Utilize proven, effective treatment methods.

4. Herbicide Use Protocols: Follow all requirements listed under Task 5 in Section II above.

5. Document All Treatments: All treatment locations shall be mapped using GPS. GIS and other attribute data (as described under Task 3 above), along with a map showing the different species and treatment locations, will be provided to the COR at the end of the season (October).

IV. DELIVERABLES and SCHEDULE

2022/2023 Deliverables Schedule Container Plant Maintenance (Option Task 6) TBD Container Plant Replacement Propagation/Delivery (Option Task 7) Container Plant Replacement Install (Option Task 8) TBD

2023/2024 Deliverables Schedule Container Plant Replacement Watering (Option Task 9) TBD

2024/2025 Deliverables Schedule Container Plant Replacement Watering (Option Task 10) TBD Dates shall be coordinated and approved by the COR after award

2021 Deliverables Schedule Begin propagation of container plants (Task 1) TBD

2021/2022 Deliverables Schedule Deliver container plants (Task 2) TBD Install container plants (Task 3) TBD Hand seeding/Blanket Reinstall (Task 4) TBD Container Plant Maintenance (Option Task 5) TBD

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PACKAGING AND MARKING

(End of Packaging and Marking)

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INSPECTION AND ACCEPTANCE

The following clause is incorporated by reference:

Clause Title Date

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR 1984

(End of Inspection and Acceptance)

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DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

The contract shall commence from date of award through five years.

F.2.0 PROGRESS PLAN

At the prework conference, the Contractor shall provide to the COR a written "work progress plan" that details its proposed work force and schedule to provide for orderly completion of the work within the contract performance time. This work schedule must be acceptable to the Government. At a minimum, the schedule must reflect a work progress rate equal to the available amount of contract performance time.

The following clause is incorporated by reference:

52.242-15 STOP WORK ORDER AUG 1989

(End of Deliveries or Performance)

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CONTRACT ADMINISTRATION DATA

The following local clauses are provided in full text:

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:

1. Invoice billed according to contract line items and rates.

2. If partial payment is billed and the invoice states a lump sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this invoice period.

3. If final payment is billed, the last invoice shall state “FINAL”.

4. Contractor’s Release of Claims shall be submitted with the final invoice.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contract (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 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 Local Clause)

(End of Contract Administration Data) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

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SPECIAL CONTRACT REQUIREMENTS

1.0 RESERVED.

2.0 ENVIRONMENTAL INTERRUPTION OF WORK

2.1 Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. An allowance has been included in the contract time for all environmental delays. The count of contract time will therefore continue during all periods of suspension due to normal weather conditions, including fire danger. The Contractor will not be entitled to additional contract time for any suspensions except to the extent that they are due to unusually severe weather conditions. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

3.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

3.1 Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.

3.2 The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the Contracting Officer immediately in writing giving the location and nature of the findings.

3.3 Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract.

3.4 The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

4.0 ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ);

the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

5.0 HAZARDOUS MATERIALS

Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional

Badland National Park (227427/225939) Page 20 of 59 protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating.

Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR

1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.

6.0 GREEN PROCUREMENT REQUIREMENTS

In the performance of this service or construction contract, the Contractor shall make maximum use of products identified on the mandatory environmental purchasing list at the following links, if applicable:

• U.S. EPA Comprehensive Procurement Guidelines published at www.epa.gov/cpg/products.htm.

• USDA Biobased product listings published at www.biopreferred.gov.

• Energy Star® product listings published at www.energystar.gov/products.

• FEMP Low Standby Power product listings published at http://energy.gov/eere/femp/covered-product-categories

Contractor shall comply with all reporting requirements stated in the applicable clause(s):

• 52.223-1 Biobased Product Certification

• 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

• 52.223-4 Recovered Material Certification

• 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items

• 52.223-15 Energy Efficiency in Energy Consuming Products

• 52.223-17 Affirmative Procurement of EPA Designated Items in Service and Construction Contracts

7.0 RESTORATION OF RESOURCES

7.1 Cleanup - The Contractor is responsible for cleaning up all camp and worksites before leaving the area.

Final payment or other alternative deemed feasible may be withheld until the Contractor has complied with this requirement.

7.2 Site and Access Roads – Site and public or private access roads damaged by the Contractor shall be restored to the same condition they were in at the commencement of work, at the expense of the Contractor.

8.0 UNAUTHORIZED PERSONNEL

The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to restricted areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.

(End of clause) http://www.epa.gov/cpg/products.htm http://www.bioprefferd.gov/ http://www.energystar.gov/products http://energy.gov/eere/femp/covered-product-categories http://energy.gov/eere/femp/covered-product-categories

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CONTRACT CLAUSES

The following provision is incorporated by reference:

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

The following clauses are incorporated by reference:

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.209-2 PROHIBITION ON CONTRCTING WITH INVERTED DOMESTIC

CORPORATIONS - REPRESENTATION

NOV 2015

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

CONTRACTORS

DEC 2013

52.253-1 COMPUTER GENERATED FORMS JAN 1991

The following clauses are provided in full text:

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

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048610

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(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063244…