Solicitation Rush River Seedlings .pdf

SEE ADDENDUM

(No Collect Calls)

W912ES22Q0048 18-Mar-2022

b. TELEPHONE NUMBER

651-290-5422

8. OFFER DUE DATE/LOCAL TIME

05:00 PM 01 Apr 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912ES9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JUSTIN H ROSE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W81G6720415911

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

USACE - ST PAUL

180 FIFTH STREET EAST

SUITE 700

SAINT PAUL MN 55101-1678

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 651-290-5414 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

561730

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF59

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912ES22Q0048

Section SF 1449 - CONTINUATION SHEET

SCOPE OF WORK

STATEMENT OF WORK

Bareroot Walnut and Northern Red Oak Tree Planting and Vegetation Control

Rush River Site near Maiden Rock, Wisconsin

1 BACKGROUND

This statement of work describes treatments to plant bareroot black walnut (Juglans nigra) and northern red oak (Quercus rubra) seedlings on approximately 6 acres of U.S. Army Corps of Engineers (USACE) owned land at the Rush River property near Maiden Rock in Pierce County, Wisconsin.

1.1 SITE DESCRIPTION

The Rush River project area is just north and west of Maiden Rock, WI and is roughly bounded on the west by County Highway A on the east by E. Rush River Road/385th Street. Access to the current treatment area is by road and the planting site is immediately adjacent to County Highway A at the intersection of County Highway A and 420th St (see Attachment 01 for a reference map). An unmaintained field lane runs along the north edge of the planting area from the road and may be used for access during this contract.

1.1.1 Current Conditions

The prescription area is primarily reed canarygrass-dominated and was historically in agricultural production and likely pasture. It has had no management since USACE acquisition in the 2000s.

Scattered black walnut from a previous planting are present on the eastern edge of the planting area. Topography is flat and the ground is relatively even throughout the planting area.

1.2 PRESCRIPTIONS

1.2.1 Prescriptions

The objective of this prescription is to establish approximately 303 seedlings per acre of black walnut (1,000 total seedlings) and northern red oak (800 total seedlings) within the planting area.

Tree seedlings will be provided to the Contractor by the USACE; see the Tree Seedling Specifications area below for details on the tree seedlings.

1.2.1.1 Tree planting

The outer boundaries of the planting area will be marked by the USACE. Planting shall be completed between 1 April - 31 May, 2022. Prior to planting, the Contractor shall mow the entire planting area within the marked boundary. Within two weeks of mowing being completed, trees shall be planted with a 12 foot by 12 foot spacing. Rows shall be oriented north to south. Species shall be randomly mixed in the planting. At the time of planting, a rigid mesh seedling protector tube (a minimum of 36 inches tall and 5 inches in diameter) shall be placed over the seedling such that the highest bud on the seedling is within the protector. The protector must be made of flexible UV inhibited polyethylene and polypropylene material. To hold up the protector, a bamboo or other stake (at least 48 inches tall and at least 3/8 inch in diameter) shall be inserted into the ground adjacent to the protector and affixed to the protector using plastic zip ties, nylon twine, or another fastener capable of lasting at least three years.

Acceptable tree planting equipment Hand planting of seedlings using appropriate hand planting equipment may be used. Mechanical planting equipment may also be used with either a three-point hitch mounted tree planting machine or skid-steer mounted auger. ATVs, UTVs and agricultural tractors may be used to access the site. When selecting planting equipment, however, the Contractor should be aware the seedling will be large, 2-0 bareroot seedlings that may require larger tools for effective planting.

1.2.1.2 Tree Seedling Specifications

Tree seedling supply All tree seedlings for this contract will be acquired by USACE and supplied to the Contractor.

Seedlings are 2-0 stock sourced from the Wisconsin DNR State Tree Nursery. Red oak seedlings are large 2-0 seedlings that were top cut to 15 inches in 2021, but which retail large root systems.

The black walnut seedlings are large 2-0 seedlings and, per guidance from the nursery, are larger than usual stock, so the Contractor shall be prepared to handle large seedlings. There are a total of 800 northern red oak and 1,000 black walnut seedlings to be planted.

USACE staff will pick up seedlings from the nursery and the Contractor will be required to take possession of the seedlings from the USACE within 48 hours of notification that the seedlings have been picked up from the nursery. The Contractor shall pick up the seedlings at the USACE Mississippi River Environmental Section office in La Crescent, MN. The Contractor assumes all responsibility for storage of seedlings, from the time they take possession, and shall be held responsible for the cost of the seedlings if they are not properly stored prior to planting.

Tree seedling, storage, handling, and planting Seedlings may be root pruned at the time of planting down to a minimum of 12 inches, measured from the root collar. First order lateral roots shall not be removed in this process but may be trimmed back.

All seedlings shall be handled and stored in an appropriate manner to minimize seedling stress prior to out-planting. Seedlings shall be kept in a cool environment at or below 40 degrees F until the day of planting. In no case shall seedlings be kept outside of cold storage for more than 48 hours. A seedling storage plan is required after award and before taking possession of the seedlings (examples may include orchard cellar, refrigerated trailer, etc.).

In the field, seedlings shall be stored in full shade or in coolers with roots well moistened. Trees shall be stored in planting bags or other containers to prevent desiccation of roots while being transported to individual planting locations. Trees shall not be held outside of a container for more than one minute. The Contracting Officer reserves the right to inspect the operation at time of planting and may levy a payment penalty up to and including the total cost of seedling acquisition and planting for failure to follow proper seedling handling requirements. The Contracting Officer also reserves the right to stop planting operations at any time that they determine that these guidelines are not being followed.

The Contractor shall follow guidelines in USDA-Forest Service Handbook 247 for hand planting or machine planting1. Any seedlings planted outside of these specifications (e.g. exposed root collars, j-rooting, poor tamping of holes) may result in a performance penalty.

The Contracting Officer may suspend planting work if weather conditions could damage plant material, even if the material is handled in accordance with the Contract. The Contracting Officer may also suspend planting work at any time if the Contracting Officer determines that the Contractor is not handling plants or planting in accordance with the Contract.

Excess and waste material shall be removed and properly disposed of off-site. Areas that have been damaged by planting operations shall be restored to original condition at the Contractor’s

1 See pages 29-31 of the handbook, available online at: https://rngr.net/publications/forest-planting-practice-in-the-united-states/forest-planting-practice-in-the-united-states-1963 expense.

1.2.1.3 Tree Planting Quality Assessment

Tree planting shall be considered acceptable if the following are true:

- 95% of trees stay in the ground following the “tug test” (a light pull on the seedling does not dislodge it from the ground), with no roots or root collar visible at the soil surface

- 95% of trees when excavated by QA personnel show no sign of j-rooting or other indications that the tree was forced into too small of a planting slit or hole

- 99% of trees are properly placed within a seedling protector as specified above and the protector is securely fastened to a stake that meets size specifications.

Up to 5% of planted trees will be sampled in initial quality assessments by the Government. If, based on the initial sample, quality of work appears to be below contract standards, an additional 5% will be sample to reach a total of a 10% sample of gaps.

Any performance penalties will be assessed on the proportions of gaps falling outside of specifications in the 10% sample; this proportion will be assumed to be representative of the treatment as a whole and may be applied to the entire pay request associated with the quality assessment.

1.2.1.4 Follow-up planting maintenance

The planting will be maintained for four growing seasons following planting, 2022, 2023, 2024, and 2025.

Between June 1 - June 30, 2022, and in each of the three growing seasons following planting, a spot herbicide application with a broad spectrum herbicide capable of both grass and broadleaf weed control shall be implemented around each planted tree seedling to create a 2 foot radius weed free circle around the tree.

In addition, between June 1 - June 30, 2022 and between September 1 - September 30, 2022, and in each of the three growing seasons following planting, the site shall be mowed between the trees in both north to south and east to west directions. Vegetation after mowing should be no greater than 6 inches tall.

Acceptable mowing equipment Agricultural tractors with Power Take Off (PTO)-driven brush mowers, skid steers with mower heads, walk behind mowers or string trimmers may be used for all mowing requirements.

Acceptable spraying equipment Herbicide application may be implemented using backpack sprayers or sprayers mounted on small mechanical equipment (ATV, UTV, agricultural tractor). If a mechanical mounted sprayer is used, booms may only be used if they are held within 1 foot of the ground and the spray pattern is covered by a hood to prevent upward movement of herbicide onto tree leaves.

1.2.2 Treatment Schedule

Treatments must be completed within time windows that will maximize treatment effectiveness.

Begin and End Dates for each treatment in each area and in the Base and Option Years are provided in the Schedule Items table in Error! Reference source not found. below. No treatments may begin prior to the Begin Date and all treatments must be completed by the End Date for any given area. The Contractor may select any date between those two dates to perform work, given that site conditions are appropriate and that the Government has given approval to proceed. In addition, upon contract award, the Contractor shall submit to the Contracting Officer a tentative work schedule for the contract period. The Contractor submitted work schedule is not binding and may be updated as needed, but is intended to allow the Government to plan according to the Contractor’s work schedule. The Contractor’s tentative work schedule shall in no way supersede the Begin and End Dates provided in this contract.

2 MEASUREMENT AND PAYMENT

Payment for this work will be based on the schedule. Acreage provided by the Government in this solicitation are estimates only, based on GIS area calculations. It is the Contractor’s responsibility to verify these acreages in the field. Following the completion of each schedule item below, the Contractor may submit for payment. Invoices shall not be submitted until the entire schedule item is completed.

2.1 Bid Schedule Items (see contract line items)

2.2 Pre-Bid Site Tour

Contractors are encouraged to inspect/view the sites where the work will be performed before quoting.

2.3 Invoices

The Contractor must submit invoices to the Contracting Officer Representative (COR) to initiate payments (see section 4 below).

Al l invoices shall be sent via e-mail or mail to the COR. Invoices with errors or that are not acceptable per FAR Clause 52.212-4 will be returned and a new invoice with a new date must be submitted for payment. Failure to do so may cause a delay in payment to the Contractor.

3 POST-AWARD MEETING

A post-award meeting must be scheduled within 10 days after contract award and will be held by conference call. An on-site meeting will be discussed at that time; the on-site meeting must occur prior to work starting on the contract. Government inspection procedures will be reviewed at that time. The Contractor will be notified by the Contracting Officer of the on-site meeting time.

4 OVERNMENT POINT OF CONTACT

Contracting Officer Representative (COR) information will be given to awardee.

5 HERBICIDE

5.1 Herbicide Handling

All herbicides must be transported to the site in closed containers with a clear product label indicating the herbicide or herbicides within the container and the mix rates as appropriate. All containers should be stored in a secondary containment vessel that to prevent spillage of chemical if the primary container leaks. If possible, herbicide mixing shall occur off site.

However, if mixing does occur on site, all mixing must occur within a secondary containment container that will prevent spillage of any chemical onto the site. The Contracting Officer reserves the right to stop contract operations if herbicide is observed to be being handled inappropriately.

5.2 Herbicide Plan

The Contractor shall submit a general written plan that addresses their recommended herbicides, application rates, timing, and spray methods proposed to achieve the contract goal of vegetation control at the management area, target pest and reason for choice after contract award and before work occurs. Only herbicide formulations in the Government list (Attachment 03) shall be used;

if the Contractor wishes to use an alternative herbicide, a request must be made to the Contracting Officer no less than twenty (20) working days prior to anticipated application. The request will require submission for environmental review and the Contractor should not assume that approval will be granted. If appropriate, surfactants shall be added per label instructions to appropriate herbicide mixtures. All carriers and adjuvants must be non-toxic.

The herbicide plan shall detail the carriers, adjuvants and surfactants to be used. Also include application rates, where mixing will occur, and plans for environmental protection if mixing is to occur on Government property. EPA product labels and material safety data sheets (MSDSs) for all proposed products (website links are acceptable) shall be submitted with the herbicide plan.

The Contracting Officer must receive submission of this plan a minimum of five (5) working days in advance of the desired application date. The request will be reviewed, considering as a minimum, for relative effectiveness and toxicity. The Contractor shall also submit a tentative application schedule to the Contracting Officer a minimum of five (5) working days prior to initiating any work on this contract.

All treatments must be conducted during a period when target species are susceptible to the herbicide being used. All herbicides used shall be labeled for application in aquatic areas. No broadcast spraying shall be performed when wind speeds exceed specifications listed on the herbicide label, or wind directions are likely to result in drift to surface water or non-project lands. To protect groundwater resources, herbicide applications will not be allowed prior to precipitation that could facilitate rapid leaching of herbicide to the water table. At a minimum, herbicide(s) cannot be applied when the forecast indicates a high probability of significant precipitation during the next 24 hours, unless the herbicide label clearly states that the herbicide is rain fast in a shorter period of time than 24 hours. The Contracting Officer shall have the right to make these determinations and terminate any planned herbicide applications based on available weather forecasts and current conditions. Additionally, excessively dry conditions that can negatively affect herbicide performance shall also be avoided. The Contractor is to notify the Contracting Officer of any planned herbicide applications and receive prior approval before completing the planned application.

Herbicides shall be applied to the project areas in accordance with the weed control goals stated above. The Contractor shall take particular care to not exceed per acre limits according to the product label for basal bark applications.

5.3 Licensing

The Contractor’s employees and any subcontractors performing herbicide work under this contract shall possess a valid state commercial herbicide applicator's license with certification for either Forestry (Category 2.0) or Rights-of-Way & Natural Areas (Category 6.0) for Wisconsin, (or have completed requirements necessary for license reciprocity in Wisconsin). They shall also 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. Contractors shall submit with their quote a list of anticipated pesticide applicators and a copy of the applicable credentials for each individual. Additional individuals may be added to this list after contract award upon receipt of their applicator’s credential. A least one individual must be in the employ of the Contractor upon submission of quote with the proper credentials.

5.4 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.

5.5 Post-Application Documentation

The Contractor shall submit completed copies of the ‘Post-Application Documentation Form’ for each day’s herbicide work and for each herbicide used. A sample form is provided in Attachment 02 and may be reproduced. The Contractor may use his or her own form if it contains all information included on Attachment 02. Scanned or digital copies of this form may be submitted electronically or hard copies may be mailed to the address of the COR within five working days of each application or at the time of invoice submission, whichever is earlier. No payment will be made for services until post-application documentation has been supplied to the COR.

5.6 Herbicide Warranty

The Contractor shall exercise professional judgment as to the application rate, time, and extent of application of the herbicides. The Contractor warrants that:

Should the desired results not be achieved, the Contractor will, at no additional cost to the Government, reapply the herbicide to those areas where targeted vegetative growth continues or recurs. The determination as to the acceptable performance of the Contractor and the need to reapply the herbicides will rest solely with the Contracting Officer. If performance is determined to be unacceptable, the Government may require re-treatment of an area. If the Government determines that re-treatment will be required, written notice will be provided to the Contractor by email. Treatments will be considered effective if 90% of stems in Government Quality Assurance (QA) plots show evidence of the treatment prescribed for the area in section 0 above.

5.7 Site Restoration

The Contractor shall be responsible for restoring any area that does not satisfy the warranty requirements at no additional cost to the Government. Areas will be retreated within the time specified by the Contracting Officer’s notice to the Contractor. 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. Reseeding of non-target native vegetation damaged in this way may be necessary and will be at the Contractor’s expense. Excess and waste material shall be removed and properly disposed of off-site. Areas that have been damaged by spraying operations shall be restored to original condition at the Contractor’s expense.

5.8 Material Safety Data Sheets

The Contractor shall make MSDSs for all herbicides, adjuvants, and other products used at the site readily available.

6 ENVIRONMENTAL PROTECTION

Should a spill of petroleum, pesticide, or other contaminant occur, the Contractor's immediate response shall be to proceed with measures to limit the further spread of contamination.

Immediately following this initial response, the Contractor shall notify the local Fire Department, Contracting Officer, and appropriate local, state, and federal officials. This may include the National Response Center (1-800-424-8802) and/or the Wisconsin Department of Agriculture, Trade and Consumer Protection (1-800-943-0003). There is someone on duty at this number 24 hours a day.

Subsequent to these actions, the Contractor shall take actions to clean up the spill as recommended by the Contracting Officer and at no cost to the Government. Should 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).

7 SAFETY

Notwithstanding any other provisions of this contract, the Contractor shall comply with all safety and health requirements as outlined in the latest version of the Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1) and OSHA Safety Standards to ensure the safe working conditions for their employees and Government workers. Instructions for accessing the manual are available online at:

http://www.COE.army.mil/SafetyandOccupationalHealth/SafetyandHealthRequirementsManual.

aspx.

The entire Safety Manual is available for downloading or viewing on the Internet at:

http://www.publications.COE.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf.

8 INSPECTIONS AND ACCEPTANCE

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

9 LIABILITY OF AND DAMAGES TO THE GOVERNMENT

9.1 Insurance

The Contractor will carry liability insurance that will cover the application of herbicides 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 $1,000,000 per incident. A Certificate of Insurance form signed by the insuring agency shall be provided to the Contracting Officer within 10 working days after 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 and maintain insurance may be grounds for termination during the performance period of this contract.

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 to others 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.

10 SUBMITTALS

10.1 To be submitted with the quote

1. Pricing schedule

2. Certified applicator list, with copies of certification credentials

10.2 To be submitted following award

3. Tree seedling storage plan

4. Contractor work schedule

5. Herbicide plan with herbicide application schedule

6. Post-application herbicide reports

11 ATTACHMENTS

Attachment 01 - Prescription Map for Trimbelle and Rush River Properties Attachment 02- Post-Application Documentation Form Attachment 03- USACE Approved Herbicide List

NOTES TO OFFERORS

NOTES TO OFFEROR

E-MAIL ALL QUESTIONS to Justin Rose, Contract Specialist, at justin.h.rose@usace.army.mil

This is a 100% Small Business Set-Aside solicitation.

ALL PRICING must be in whole penny amounts.

A completed SF 1449 must be sent or an acknowledgement of all terms, conditions, and amendments of the solicitation on company letterhead.

All equipment, materials, and components shall be new unless otherwise specified.

It is preferred that the quote is e-mailed to:

Justin Rose, Contract Specialist, Justin.h.rose@usace.army.mil

The offeror may also submit the quote by mail / courier to the following:

USACE – ST PAUL

CONTRACTING DIVISION

ATTN: JUSTIN ROSE

180 5TH STREET EAST, SUITE 700

ST. PAUL, MN 55101-1678

OFFEROR SHALL BE REGISTERED IN SAM (System for Award Management) https://www.sam.gov to include the FAR and DFARS Reps and Certs sections with the NAICS code applicable to the solicitation. For assistance with SAM, contact information is below:

SAM by GSA Hours of Operation: Monday – Friday 8am to 8pm ET, U.S. Calls 866-606-8220, Service desk website: http://www.fsd.gov/

Minnesota PTAC (Procurement Technical Assistance Center), www.mnptac.org

612-332-6332, mnptac@mnptac.org

E-MAIL ALL QUESTIONS to Justin Rose, Contract Specialist, at justin.h.rose@usace.army.mil

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 6 Acre Mow Entire Planting Area

FFP

Prior to Planting FOB: Destination

MILSTRIP: W81G6720415911

PURCHASE REQUEST NUMBER: W81G6720415911

PSC CD: F099

NET AMT

0002 1,800 Each Plant Walnut & Red Oak Seedlings

FFP

12 x 12 foot spacing FOB: Destination

MILSTRIP: W81G6720415911

0003 1,800 Job Acquire & Install Mesh Tree Protectors

FFP

FOB: Destination

MILSTRIP: W81G6720415911

0004 1,800 Job Spot Spray 2 Foot Radius Circles

FFP

Around Each Planted Tree FOB: Destination

MILSTRIP: W81G6720415911

0005 6 Acre Mow Between Planted Trees

FFP

FOB: Destination

MILSTRIP: W81G6720415911

0006 6 Acre Mow Between Planted Trees

FFP

FOB: Destination

MILSTRIP: W81G6720415911

1001 1,800 Job OPTION Spot Spray 2 Foot Radius Circles

FFP

Around Each Planted Tree FOB: Destination

1002 6 Acre OPTION Mow Between Planted Trees

FFP

1003 6 Acre OPTION Mow Between Planted Trees

FFP

2001 1,800 Job OPTION Spot Spray 2 Foot Radius Circles

FFP

Around Each Planted Tree

2002 6 Acre OPTION Mow Between Planted Trees

FFP

2003 6 Acre OPTION Mow Between Planted Trees

FFP

3001 1,800 Job OPTION Spot Spray 2 Foot Radius Circles

FFP

Around Each Planted Tree

3002 6 Acre OPTION Mow Between Planted Trees

FFP

3003 6 Acre OPTION Mow Between Planted Trees

FFP

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-APR-2022 TO

31-MAY-2022

N/A N/A

0002 POP 01-APR-2022 TO

31-MAY-2022

0003 POP 01-APR-2022 TO

31-MAY-2022

0004 POP 01-JUN-2022 TO

30-JUN-2022

0005 POP 01-JUN-2022 TO

30-JUN-2022

0006 POP 01-SEP-2022 TO

30-SEP-2022

1001 POP 01-JUN-2023 TO

30-JUN-2023

1002 POP 01-JUN-2023 TO

30-JUN-2023

1003 POP 01-SEP-2023 TO

30-SEP-2023

2001 POP 01-JUN-2024 TO

30-JUN-2024

2002 POP 01-JUN-2024 TO

30-JUN-2024

2003 POP 01-SEP-2024 TO

30-SEP-2024

3001 POP 01-JUN-2025 TO

30-JUN-2025

3002 POP 01-JUN-2025 TO

30-JUN-2025

3003 POP 01-SEP-2025 TO

30-SEP-2025

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

DEC 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

DEC 2021

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

DEC 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2021

52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008).

OCT 2020

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2021

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

SEP 2019

252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7974 (Dev) Representation Regarding Business Operations with the

Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

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:

1. Technical: List of anticipated pesticide applicators and copy of applicable credentials for each individual.

2. Price

3. Past Performance: Past performance will be evaluated in accordance with Clause 252.213‐7000. In the case of a supplier without a record of relevant past performance history in the Past Performance Information Retrieval System‐Statistical Reporting (PPIRS‐SR) for the Federal supply class (FSC) or product or service code (PSC) of the supplies being purchased, the supplier may not be evaluated favorably or unfavorably for its past performance history.

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision--

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and…