W911XK-10-T-0090 Erie Pier Transport.pdf

CONTRACTING DIVISION

DETROIT DISTRICT, USAED

477 MICHIGAN AVENUE

RM 700

DETROIT MI 48226-2550

(313) 226-5148

(313) 226-2209

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

25500000

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W911XK-10-T-0090 10-Aug-2010

b. TELEPHONE NUMBER

(313) 226-6358

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 26 Aug 2010

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

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

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

W911XK

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE H770T00 16. ADMINISTERED BY

LOGISTICS-TRANSPORTATION BR

DETROIT DISTRICT, USAED

P.O. BOX 1027

DETROIT, MI 48231-1027

TEL: FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DEAN T LIGUORI

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

484220

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W56MES01066445

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

TEL: EMAIL:

1 COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

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 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

W911XK-10-T-0090

Section SF 1449 - CONTINUATION SHEET

OFFEROR INSTRUCTIONS

INSTRUCTIONS TO OFFERORS:

1. All offerors are reminded to complete and submit with your quote all FAR and DFAR Provisions related to Representations and Certifications.

2. Offerors shall complete and submit any additional full text certifications that are included in the solicitation. An offeror may also register at https://orca.bpn.gov/ in lieu of completing the representations and certifications in this solicitation provided that all the FAR and DFAR Certifications contained in the solicitation have been completed on line.

3. All offerors must be registered at www.ccr.gov

4. All offerors must be registered at www.ccr.gov with the NAICS code that is shown on the front page of the SF1449 in Block 10 prior to submission of the quote.

5. Remember to sign the SF 1449 before submitting your quote.

NOTE: Failure to comply with the above instructions may result in an offeror not being eligible for award.

BID SCHEDULE

BID SCHEDULE for FY10 Erie Pier Dredged Material Transport Service Contract, Duluth, MN.

ITEM NO. SUPPLIES/SERVICES QTY UNIT U/P AMOUNT

0001 Removal of 30,000 CY 30,000 Cubic Yard $__________ $____________ From Erie Pier And place material Into Keetac Facility

0002 Insurance Requirements 1 Lump Sum $__________ $____________

Base Bid Total TOTAL $_______________________

ITEM NO. SUPPLIES/SERVICES

0003 Next 20,000 CY 20,000 Cubic Yard $__________ $____________ From Erie Pier

And place material

Option 1

0004 Next 10,000 CY 10,000 Cubic Yard $__________ $____________ From Erie Pier

And place material

Option 2

TOTAL AMOUNT OF QUOTE INCLUSIVE OF ALL OPTIONS: $___________________________

SCOPE OF WORK

Scope of Work

LOCATION:

The location of the project is as shown on Figure 1.

DESCRIPTION OF WORK:

The contractor is responsible for the removal of 30,000 cubic yards, with two options of approximately 20,000 cubic yards and 10,000 cubic yards respectively, of fine grained dredged material from a specified location within Erie Pier Confined Disposal Facility (CDF) in Duluth, MN (Figure 2) transport, by truck approximately 80 miles to US Steel’s Minnesota Ore Operation - Keetac located in Keewatin, MN (Figure 3). The contractor is to provide all necessary equipment to screen, load, truck, and place the amount of material. In addition the contractor is required to obtain all permits necessary to transport the material. The Prohibited/Regulated Invasive Species Permit from the Minnesota Department of Natural Resources is included as attachment 1. The contractor shall obtain from the Government a copy of U.S. Steel's required written contingency plan for the eradication of the invasive species, Purple Loosestrife in the event that the species becomes established on their property.

The locations of the stockpile areas (area A and area B) containing the material that contractor is required to removed are shown on Figure 2. The contractor is required to remove all material from area A before area B. The sequence on the removal of the material will be at the direction of the Government. Drainage of the stockpiles must be maintained at all time.

Minimum amount of screening is anticipated. The process of screening material at Erie Pier shall consist of the removal of any debris over 1 foot in any direction, including but not limited to tree branches, large rocks. All debris shall be placed in a single pile adjacent to the interior access road for removal by others.

The contractor is informed that other contractors are engaged in placing dredge material and performing other work in and around the CDF, and the access road to the CDF site is being used by other contractors.

Work shall be between 7:00 AM and 6:00 PM Monday through Friday unless requested by the Contractor and approved by the Government in writing. The contractor must provide telephonic notification to U.S. Steel's main security gate upon each entry to U.S. Steel's property. The phone number to call shall be provided by the Government.

The material will be placed at the direction of the Government’s on site representative at the US Steel property in Keewatin, MN. The material will be spread by the US Steel personnel. The daily placement of the material will be coordinated with the Government.

Safety: All equipment and work done shall be in accordance with Safety Manual EM 385-1-1 dated 15 September 2008. Copies of this document are available at the Duluth Area Office located at 600 Lake Avenue South, Duluth, MN 55802.

Site Visit: Site visits may be arranged during normal duty hours by contacting:

Name: Jeff Gulan Address: Duluth Area Office 600 Lake Avenue South Duluth, MN55802

Telephone: 218-720-5260 X35263

Performance Period:

The Contractor shall be required to complete the work including all options between the period of 15 October 2010 to 31 March 2011. The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the award, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than seventy five (75) days after award for the base, thirty (30) additional calendar days from date of award for option 1, and twenty (20) additional calendar days for option 2.

The time stated for completion shall include final cleanup of the premises.

MEASUREMENT:

The measurement of the quantity removed will be performed by the Government by utilizing a prior and after survey of the Erie Pier removal site. The average end area method will be the process by which the quantity is calculated. The contractor is required to perform weekly quantity estimates based on the number of truck loads that have been removed. This information will be used for partial payments only. The final quantity paid will be performed by the average end area method from the prior and after surveys.

ACCEPTANCE:

After the removal of the material, cleanup of the premises, and all the work is accepted by the Government, payment will be made. Progress payments will be allowed as agreed upon between the contractor and the Government’s on site representative.

INSURANCE REQUIREMENTS:

In addition to the minimum state insurance requirements, including workers compensation and employer’s liability and automobile liability, the Contractor shall procure and maintain and shall require its Subcontractor(s), if any, to procure and maintain, for the duration hereunder, the insurance coverage meeting or exceeding the requirements set forth below:

1. Minimum Scope of Insurance -- Coverage shall contain the minimum:

A. Commercial General Liability Insurance: Shall be written on ISO occurrence form CG 00 01 (or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). If a 1973 edition ISO form must be used by the insurer, the broad form comprehensive general liability (BFCGL) endorsement shall be included. Additionally, the policy shall not contain a sunset provision, commutation clause or any other provision which would prohibit the reporting of a claim and the subsequent defense and indemnity that would normally be provided by the policy. The policy of insurance shall contain or be endorsed to include the following:

(i) Premises/Operations;

(ii) Products/Completed Operations;

(iii) Contractual;

(iv) Independent Contractors;

(v) Broad Form Property Damage;

(vi) Personal and Advertising Injury;

(vii) Separation of Insureds (Severability of Interest);

(viii) The policy shall be endorsed using ISO form CG 20 10 11 85 (or a substitute form providing equivalent coverage) so as to include United States Steel Corporation (hereinafter "USS") and its affiliates, including all units, divisions and subsidiaries as Additional Insureds on a primary and non-contributory basis. The coverage shall contain no special limitations on the scope of protection afforded to said Additional Insured.

(ix) Waiver of subrogation shall be provided to the benefit of all additional Insureds, as aforesaid.

(x) No XCU (explosion, collapse, underground) exclusion.

(xi) For any claims related herein, the Contractor's and its

Subcontractor's insurance shall be primary and non-contributory respecting the aforesaid Additional Insureds. Any insurance or self-insurance maintained by USS shall be in excess of the Contractor's and its Subcontractor's insurance and shall not contribute with it.

(xii) The policy shall not contain any provision, definition, or endorsement which would serve to eliminate third-party action over claims.

(xiii) The policy shall not be endorsed to include ISO endorsement form CG 24 26 or any similar provision.

(xiv) Self-funded or other non-risk transfer insurance mechanisms are not normally acceptable to USS. If the Contractor and/or Subcontractor has such a program, full disclosure must be made to USS prior to any consideration being given.

B. Employer's Liability and/or Stop Gap Liability Coverage: Coverages per accident, disease-policy limit, and disease each employee.

2. Minimum Limits of Insurance – Contractor and its Subcontractor(s) shall maintain limits no less than:

A. Commercial General Liability: Including Umbrella Liability Insurance, if necessary, limits shall be not less than $5,000,000 each occurrence for personal injury and property damage; $5,000,000 each occurrence and aggregate for products and completed operations; $5,000,000 general aggregate.

B. Employer's Liability and/or Stop Gap Liability Coverage and/or Employer's Liability including Maritime Employer's Liability: $1,000,000 per accident, $1,000,000 disease-policy limit, and $1,000,000 disease each employee. (May include Umbrella coverage.)

3. Deductibles and Self-Insured Retentions -- All insurance coverage carried by Contractor and its Subcontractor(s) shall extend to and protect USS, its subsidiaries and/or affiliates to the full amount of such coverage, and all deductibles and/or self-insured retentions (if any), including those relating to defense costs, are the sole responsibility of Contractor and its Subcontractor(s).

4. Rating of Insurer -- The Contractor and its Subcontractor(s) will only use insurance companies authorized to do business in the state or area in which the work hereunder is to be performed. Insurers must have a minimum rating of A-, Class VII, as evaluated by the most current A.M. Best rating guide.

5. Insurance Policies

A. Evidence of Insurance -- Evidence of all insurance coverages and limits, with concurrent policy expiration dates, must be received by the Contracting Officer before the contractor can begin any work. In addition, policy endorsements must be issued by or in behalf of the insuring company or companies naming the USS as Additional Insured Interests regarding the work. The endorsements must also provide that the Department of the Army, Corps of Engineers receive direct written notice at least (30) calendar days before the effective date of any material changes to, any cancellation of, or any non-renewal of these coverages during the time period of the Contractor’s work.

B. Termination or Expiration of Coverage – Should the coverages expire or be terminated during the time period of the Contractor’s work, the Contracting Officer must receive a Certificate of Insurance as evidence of renewal or replacement insurance coverage and the supporting policy endorsement as previously specified. The required evidence of renewal replacement insurance must be received by the Contracting Officer at least ten (10) calendar days before the coverage expires or is being terminated.

6. Insurance Costs – The cost to provide the additional required insurance shall be included in CLIN 0002, Insurance Requirements. Payment will be made upon receipt of the invoice for obtaining the insurance. The invoice shall be submitted along with the insurance certificate.

ATTACHMENT 1

Minnesota Department of Natural Resources Application for a Prohibited / Regulated Invasive Species Permit

Applicant’s legal name:

Designees: (list others who will be working under this permit)

Affiliation:

Address:

Daytime phone: Evening phone:

Date of Birth (not required if applicant is a corporation, see page 3)

Species to be covered by permit:

Purpose of permit: disposal control research education (mark all that apply)

Activities requested to be covered by permit: possession, transportation, propagation, purchase, sale, importation (mark all that apply)

Description of activities to be undertaken, including the time period they will cover:

(extend this section or attach additional description if needed)

Description of facilities and transportation equipment and how it is sufficient to prevent escape or unintended introduction of the prohibited invasive species:

Description of the applicant’s experience handling the same or similar species and knowledge of precautions necessary to prevent spread:

Indicate the desired time period to be covered by the permit: (e.g., describe the time frame for a special project or indicate if this is an ongoing activity)

Contingency plan Prepare and attach a written contingency plan for eradication or recapture in the event of an unauthorized introduction of a prohibited invasive species.

I agree to comply with the requirements of Minnesota Rules, parts 6216.0100 to 6216.0600, and any permit conditions if issued a prohibited or regulated invasive species permit.

Signature of applicant Date

Instructions for Applicants

Eligibility An applicant for a prohibited invasive species permit must:

A. have experience in the skills necessary for handling potentially harmful species, including:

(1) knowledge of precautions necessary to prevent spread through handling; or

(2) previous experience handling invasive species without allowing escapes;

B. maintain a facility or transportation equipment that prevents the escape of invasive species;

C. if the applicant is an individual, be at least 18 years of age at the time the application is received by the department (If the application is for a student’s high school science project, the teacher should apply on the student’s behalf. Permits issued for research projects at a college or university will be issued to the professor overseeing the project.); and

D. if the applicant is a corporation, limited partnership, or other business entity, be qualified to do business in Minnesota as shown by a certificate of authority to transact business in Minnesota or a certificate of limited partnership from the Minnesota Secretary of State.

Note: Prohibited invasive species permits for research and education will be restricted in non-infested areas of the state.

Application The information on the permit application is required by Minnesota Rules 6216.0265. Permit applications will not be considered without the information as established in rule.

If you have questions about the application form, contact Jay Rendall, Invasive Species Prevention Coordinator at 651-259-5131 or jay.rendall@state.mn.us.

Return this application to: Minnesota Department of Natural Resources Invasive Species Prevention Coordinator 500 Lafayette Road St. Paul, MN 55155-4025 or send via fax to: 651-296-1811 or email to: jay.rendall@state.mn.us

Minnesota Regulations Related to Prohibited and Regulated Invasive Species Permits

(Compiled and updated by the DNR Invasive Species Program on July 10, 2008.)

MINNESOTA STATUTES 84D.11 PERMITS.

Subdivision 1. Prohibited invasive species. The commissioner may issue a permit for the propagation, possession, importation, purchase, or transport of a prohibited invasive species for the purposes of disposal, control, research, or education.

Subd. 2. Regulated invasive species. The commissioner may issue a permit for the introduction of a regulated invasive species.

Subd. 3. Standard. The commissioner may issue a permit under this section only if the commissioner determines that the permitted activity would not pose an unreasonable risk of harm to natural resources or their use in the state. The commissioner may deny, issue with conditions, modify, or revoke a permit under this section as necessary to ensure that the proposed activity will not pose an unreasonable risk of harm to natural resources or their use in the state.

Subd. 4. Appeal of permit decision. A permit decision may be appealed as a contested case under chapter 14.

6216.0250 PROHIBITED INVASIVE SPECIES.

Subpart 1. Designation. The species in subparts 2 to 5 and any hybrids, cultivars, or varieties of the species are designated as prohibited invasive species.

Subp. 2. Aquatic plants. The following aquatic plants are designated as prohibited invasive species:

A. African oxygen weed (Lagarosiphon major) (Ridley) Moss ex Wagner;

B. aquarium watermoss or giant salvinia (Salvinia molesta) Mitchell;

C. Australian stonecrop (Crassula helmsii) (Kirk) Cockayne;

D. brittle naiad (Najas minor) Allioni;

E. curly-leaf pondweed (Potamogeton crispus) Linnaeus;

F. Eurasian water milfoil (Myriophyllum spicatum) Linnaeus;

G. European frog-bit (Hydrocharis morsus-ranae) Linnaeus;

H. flowering rush (Butomus umbellatus) Linnaeus;

I. hydrilla (Hydrilla verticillata) (Carl von Linnaeus) Royle;

J. Indian swampweed (Hygrophila polysperma) (Roxburgh) T. Anders;

K. purple loosestrife (Lythrum salicaria, Lythrum virgatum, or any variety, hybrid, or cultivar thereof) Linnaeus;

L. water aloe or water soldiers (Stratiotes aloides) Linnaeus; and M. water chestnut (Trapa natans) Linnaeus.

Subp. 2a. Federal noxious weed list. For purposes of this part, the aquatic plants listed in

Code of Federal Regulations, title 7, section 360.200, are also designated as prohibited invasive species except for Chinese water spinach (Ipomoea aquatica) Forsskal.

Subp. 3. Fish. The following fish are designated as prohibited invasive species:

A. bighead carp (Hypophthalmichthys nobilis) Richardson;

B. black carp (Mylopharyngodon piceus) (Richardson) Peters;

C. grass carp (Ctenopharyngodon idella) Valenciennes;

D. northern snakehead fish (Channa argus);

E. round goby (Neogobius melanostomus);

F. rudd (Scardinius erythrophthalmus) Linnaeus;

G. ruffe (Gymnocephalus cernuus) Linnaeus;

H. sea lamprey (Petromyzon marinus) Linnaeus;

I. silver carp (Hypophthalmichthys molitrix) Valenciennes;

J. tubenose goby (Proterorhinus marmoratus) Pallas;

K. white perch (Morone americana) Gmelin; and L. zander (Stizostedion lucioperca) Linnaeus.

Subp. 4. Invertebrates. The following invertebrates are designated as prohibited invasive species:

A. New Zealand mud snail (Potamopyrgus antipodarum) Gray; and B. zebra mussel (Dreissena spp.).

Subp. 5. Mammals. The following mammals are designated as prohibited invasive species:

A. Asian raccoon dog, also known as finnraccoon (Nyctereutes procyonoides);

B. Eurasian swine, European wild boar (Sus scrofa scrofa) Linnaeus;

C. European rabbit (Oryctolagus cuniculus); and D. nutria, any strain (Mycocastor coypu).

Statutory Authority: MS s 84.9691; 84D.12 History: 20 SR 2292(NO. 43); L 1996 c 385 art 2 s 7; 22 SR 2076; 28 SR 629; L 2004 c 243 s 40; 32 SR Posted: November 13, 2007

6216.0260 REGULATED INVASIVE SPECIES.

Subpart 1. Designation. The species in subparts 2 to 5 are designated as regulated invasive species.

Subp. 2. Aquatic plants. The following aquatic plants are designated as regulated invasive

A. Brazilian waterweed (Egeria densa) Planchon;

B. Carolina fanwort or fanwort (Cabomba caroliniana) A. Gray;

C. Chinese water spinach (Ipomoea aquatica) Forsskal;

D. parrot's feather (Myriophyllum aquaticum) (da Conceicao Vellozo) Verdcourt;

E. nonnative waterlilies (Nymphaea spp.) Linnaeus, or any variety, hybrid, or cultivar thereof.

Native Minnesota waterlilies are: Nymphaea odorata Aiton subsp. odorata Aiton, N. leibergii Morong, and N. odorata Aiton subsp. tuberosa (Paine) Wiersema & Hellquist; and F. yellow iris or yellow flag (Iris pseudacorus) Linnaeus.

Subp. 3. Fish. The following fish are designated as regulated invasive species:

A. alewife (Alosa pseudoharengus) Wilson;

B. common carp, koi (Cyprinus carpio) Linnaeus;

C. goldfish (Carassius auratus) Linnaeus;

D. rainbow smelt (Osmerus mordax) Mitchell; and E. tilapia (Tilapia, Oneochromis, Sartheradon spp.).

Subp. 4. Invertebrates. The following invertebrates are designated as regulated invasive

A. Chinese mystery snail, Japanese trap door snail (Cipangopaludina spp.) Hannibal;

B. rusty crayfish (Orconectes rusticus) Girard; and C. spiny water flea (Bythotrephes cederstroemi) Schoedler.

Subp. 5. Birds. The following birds are designated as regulated invasive species:

A. Egyptian goose (Alopochen aegyptiaus) Linne;

B. mute swan (Cygnus olor) Gmelin; and C. Sichuan pheasant (Phasianus colchicus strachi).

Statutory Authority: MS s 84D.12 History: 22 SR 2076; 28 SR 629; L 2004 c 243 s 40; 32 SR 724 Posted: November 13, 2007

6216.0265 PERMITS FOR PROHIBITED AND REGULATED INVASIVE SPECIES.

Subpart 1. Requirement. No person may possess, import, purchase, propagate, or transport a prohibited invasive species without a permit from the commissioner issued according to this part, except as authorized by Minnesota Statutes, section 84D.05. No person may introduce a regulated invasive species without a permit from the commissioner issued according to this part, except as authorized in subpart 2. A regulated invasive species permit is not required for a person to possess, import, purchase, propagate, transport, own, or sell a regulated invasive species.

Subp. 2. Exemptions and alternate permits for regulated invasive species. In lieu of an additional permit issued under Minnesota Statutes, section 84D.11, permits and licenses issued under Minnesota Statutes, sections 17.4981 to 17.4994 and chapter 97C, and rules adopted thereunder, may authorize the introduction of regulated invasive species, provided that the conditions specified in those permits and licenses are in accordance with the conditions specified under this part.

Subp. 3. Prohibited invasive species permit limitation. A person may apply for a permit for prohibited invasive species only for the purposes of disposal, control, research, or education according to Minnesota Statutes, section 84D.11, subdivision 1.

Subp. 4. Eligibility; prohibited invasive species permit. An applicant for a prohibited invasive species permit must:

A. have experience in the skills necessary for handling potentially harmful species, including:

(1) knowledge of precautions necessary to prevent spread through handling; or

(2) previous experience handling invasive species without allowing escapes;

B. maintain a facility or transportation equipment that prevents the escape of nonnative species;

C. if the applicant is an individual, be at least 18 years of age at the time the application is received by the department; and D. if the applicant is a corporation, limited partnership, or other business entity, be qualified to do business in Minnesota as shown by a certificate of authority to transact business in Minnesota or a certificate of limited partnership from the Minnesota Secretary of State.

Subp. 5. Permit application.

A. Written application for a permit for a prohibited or regulated invasive species shall be made on a form prescribed by the commissioner and shall contain the following:

(1) the legal name, address, daytime and evening telephone numbers, and, if an individual, date of birth of the applicant;

(2) the scientific and common names of either the prohibited invasive species that the applicant desires to propagate, possess, import, purchase, or transport or the regulated invasive species that the applicant desires to introduce;

(3) a detailed description of the activity the applicant will be undertaking;

(4) a detailed description of the facilities or transportation equipment to be used and an explanation of how the equipment is sufficient to prevent an unauthorized introduction of a prohibited invasive species;

(5) a description of the applicant’s experience in handling the same or similar species;

(6) a written contingency plan for eradication or recapture in the event of an unauthorized introduction of the prohibited invasive species; and

(7) an agreement to comply with the requirements of parts 6216.0100 to 6216.0600.

B. The commissioner may request additional information from the applicant in writing after the application is received if necessary to evaluate the potential risk to the state’s resources.

C. The commissioner shall review the permit applications and respond to the applicant within 30 days of receipt of the application or the additional information requested in item B.

Subp. 6. Inspection of facilities or equipment. After receipt of an application for a prohibited invasive species permit, and a determination by the commissioner that the applicant has satisfied all the initial requirements for a permit as described in this part, the commissioner may inspect the applicant’s holding facilities or other containment or transportation equipment. Facilities holding prohibited invasive species under permit are subject to inspection by the commissioner at any reasonable time.

Subp. 7. Transferability. A permit issued under this part is not transferable.

Subp. 8. Expiration date and renewal. All prohibited invasive species and regulated invasive species permits expire at midnight on December 31 of each year, unless otherwise specified in the permit. Applications for renewal of permits shall be made by October 1 of the year the permit expires.

Applications for renewal shall describe any changes to the information initially required in subpart 5.

Subp. 9. Revocation of permit.

A. The commissioner may revoke all or part of a permit issued under this part when:

(1) the commissioner determines that a permittee has failed to comply with parts 6216.0100 to 6216.0600; or

(2) it is necessary to protect the interests of the public, to protect native plant and animal populations in the state, or to otherwise protect the state’s natural resources.

B. Except in an emergency situation when delay would threaten the state’s natural resources, the commissioner shall, at least 14 days prior to the effective date of the revocation, inform the permit holder in writing of the nature of the revocation and of the conditions that, in the commissioner’s opinion, require revocation.

C. Within 30 days of receipt of a notice of revocation, the permit holder may apply for an amendment to the permit or request a hearing before the commissioner to contest the revocation, to support the permit holder’s proposed amendment, or both.

D. The permit shall be revoked on the date stated on the revocation notice until such time that the decision is reversed or modified.

Subp. 10. Disclaimer of liability. A prohibited invasive species permit or regulated invasive species permit issued under this part is permissive only. No liability is assumed by the state or any of its officers, agents, or employees by issuing a prohibited or regulated invasive species permit or by any acts or operations of the permittee or any prohibited or regulated invasive species in possession of the permittee.

Subp. 11. Effective date. A person possessing, importing, purchasing, selling, propagating, transporting, or introducing a prohibited invasive species on June 2, 1998, must apply for a permit within 60 days of June 2, 1998.

STAT AUTH: MS s 84D.12 HIST: 22 SR 2076; L 2004 c 243 s 40 Current as of 06/24/04

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum Erie Pier dredged material transport

FFP

For Government use only. Contractors put bid responses in bid schedule.

FOB: Destination

MILSTRIP: W56MES01066445

PURCHASE REQUEST NUMBER: W56MES01066445

NET AMT

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

CLAUSES INCORPORATED BY REFERENCE

52.204-7 Central Contractor Registration APR 2008 52.222-41 Service Contract Act Of 1965 NOV 2007 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-27 Site Visit (Construction) FEB 1995 52.237-1 Site Visit APR 1984 52.246-4 Inspection Of Services--Fixed Price AUG 1996 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

CLAUSES INCORPORATED BY FULL TEXT

52.211-9 DESIRED AND REQUIRED TIME OF DELIVERY (JUN 1997) - ALTERNATE II (APR 1984).

(a) The Government desires delivery to be made according to the following schedule:

DESIRED DELIVERY SCHEDULE

ITEM NO.

If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. However, the offeror's proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government's required delivery schedule as follows:

REQUIRED DELIVERY SCHEDULE

The Contractor shall be required to complete the work including all options between the period of 15 October 2010 to 31 March 2011.

Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

WITHIN DAYS

ITEM NO. QUANTITY AFTER DATE

OF CONTRACT

(b) The delivery dates or specific periods above are based on the assumption that the successful offeror will receive notice of award by Sep 15, 2010. Each delivery date in the delivery schedule above will be extended by the number of calendar days after the above date that the Contractor receives notice of award; provided, that the Contractor promptly acknowledges receipt of notice of award.

(End of clause)

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2009)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

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

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"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.

Inverted domestic corporation means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 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 Federal Supply Classes (FSC) 1000-9999, except--

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

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.

Service-disabled veteran-owned small business concern--

(1) Means a small business…