Combined_Synopsis-Solicitation_W9127N18Q0066_Amendment_01.pdf

W9127N18Q0066 – Amendment 1

COMBINED SYNOPSIS/SOLICITATION

W9127N18Q0066

WILLAMETTE VALLEY PROJECT TERRESTRIAL WEED TREATMENT 2018

PROJECT IN LANE COUNTY, OREGON

U.S. ARMY CORPS OF ENGINEERS, PORTLAND DISTRICT

27 AUGUST 2018

The following items have been incorporated in Amendment 01:

1. Map for Cottage Grove Cut-stump and Spot Treatment boundary area for CLIN 0017 has been added.

2. Map for Fern Ridge Dam Cut-stump and Spot Treatment boundary area for CLIN 0023 has been added.

3. Removed acreage approximations from CLINs 0017 thru 0023.

4. Removed “Acres" column from Table 3 in section 5.7.6.

5. Added "The outlined spot/cut treatment areas shown on the attached maps represent the boundaries to be treated. The Contractor shall spot/cut stump all target species to be treated over the entire earthfill portion of the downstream dam face." to the second paragraph of section 5.7.6.

6. Offeror shall provide a signed copy of all amendments with quote submission.

7. All other terms and conditions remain unchanged.

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

W9127N18Q0066 for chemical control of noxious and invasive weeds on land the Army Corps of Engineers administers in Lane County, Oregon is hereby issued as a Request for Quotation (RFQ).

The following solicitation document, incorporated provisions, and clauses are in effect through Federal Acquisition Circular 2005-98.

This solicitation has been set aside for 100% Small Business under the NAICS Code of 561730 - Landscaping Services, with a small business size standard of $7.5 million. All prospective offerors must be registered in the System for Award Management (SAM) at www.sam.gov prior to submission of quotes to be eligible for award.

Lack of SAM registration will make an offeror ineligible for award. The Portland District Contracting Office Small Business Specialist is Ms. Carol McIntyre and can be reached at 503-808-4602.

**SAM NOTARIZED LETTER PROCEDURES: An original, signed, and notarized letter identifying the authorized Entity Administrator for the entity associated with the Data Universal Numbering System (DUNS) number is now required before a new SAM.gov entity registration is activated or an existing entity is updated or renewed. The notarized letters MUST BE POSTAL SERVICE MAILED (not emailed or faxed) to the "FEDERAL SERVICE DESK" and must contain the information outlined in the "instructions for domestic entities" or "instructions for international entities" located at https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/sam. Templates for appointing an Entity Administrator are included within the respective instructions.**

The government request quotes for the following services (See Performance Work Statement for more details):

Table 1.

ITEM

NO

SUPPLIES/

SERVICES

QUANTITY UNIT UNIT PRICE AMOUNT

0001 Spot Application – Fern Ridge (Cherry, Shore, Spires, Eaton)

47 Job $____________ $____________

Spot application of triclopyr amine on a total of 47 acres. All work shall be performed in accordance with the attached Performance Work Statement; all federal, state, and local regulations; and to commercial standards.

FFP

FOB: Destination

0002 Spot Application - Cottage Grove (Downstream, Piper & Sweeney Creek)

34 Job $____________ $____________

Spot application of triclopyr amine on a total of 34 acres. All work shall be performed in accordance with the attached Performance Work Statement; all federal, state, and local regulations; and to commercial standards.

0003 Spot Application - Fern Ridge (Orchard)

9 Job $____________ $____________

Spot application of triclopyr amine on a total of 9 acres. All work shall be performed in accordance with the attached Performance Work Statement; all federal, state, and local regulations; and to commercial standards.

0004 Spot Application – Fall Creek (Tufti Downstream)

8 Job $____________ $____________

Spot application of triclopyr amine on a total of 8 acres. All work shall be performed in accordance with the attached Performance Work Statement; all federal, state, and local regulations; and to commercial standards.

0005 Spot Application – Dorena (EWL Area)

34 Job $____________ $____________

Spot application of triclopyr amine on a total of 34 acres. All work shall be performed in accordance with the attached Performance Work Statement; all federal, state, and local regulations; and to commercial standards.

0006 Spot Application – Dexter (Orchards)

51 Job $____________ $____________

Spot Application of triclopyr amine + pelargonic acid on a total of 51 acres.

All work shall be performed in accordance with the attached Performance Work Statement; all federal, state, and local regulations; and to commercial standards.

0007 Spot Application – Fern Ridge (Richardson Butte)

51 Job $____________ $____________

Spot application of glyphosate on a total of 51 acres. All work shall be performed in accordance with the attached Performance Work Statement; all federal, state, and local regulations; and to commercial standards.

0008 Spot Application – Fern Ridge (Richardson Butte)

51 Job $____________ $____________

Spot application of glyphosate on a total of 51 acres. All work shall be performed in accordance with the attached Performance Work Statement; all federal, state, and local regulations; and to commercial standards.

0009 Spot Application – Fall Creek (Tufti Downstream)

23 Job $____________ $____________

Spot application of triclopyr amine on a total of 23 acres. All work shall be performed in accordance with the attached Performance Work Statement; all federal, state, and local regulations; and to commercial standards.

0010 Spot Application – Dexter (Orchards)

51 Job $____________ $____________

Spot application of triclopyr amine on a total of 51 acres. All work shall be performed in accordance with the attached Performance Work Statement; all federal, state, and local regulations; and to commercial standards.

0011 Spot Application – Fern Ridge (Station 10)

11 Job $____________ $____________

Spot application of aminopyralid on a total of 11 acres. All work shall be performed in accordance with the attached Performance Work Statement; all federal, state, and local regulations; and to commercial standards.

0012 Broadcast Application – Dorena (East Wildlife Area S)

6 Job $____________ $____________

Broadcast application of glyphosate on a total of 6 acres. All work shall be performed in accordance with the attached Performance Work Statement; all federal, state, and local regulations; and to commercial standards.

0013 Broadcast Application – Fern Ridge (Orchard, S Eaton, and S Marsh)

25 Job $____________ $____________

Broadcast application of glyphosate and triclopyr amine on a total of 25 acres.

All work shall be performed in accordance with the attached Performance Work Statement; all federal, state, and local regulations; and to commercial standards.

0014 Broadcast Application – Fern Ridge (North Eaton, etc.)

34 Job $____________ $____________

Broadcast application of fluazifop on a total of 34 acres. All work shall be performed in accordance with the attached Performance Work Statement; all federal, state, and local regulations; and to commercial standards.

0015 Broadcast Application – Fern Ridge (North Eaton, etc.)

34 Job $____________ $____________

Broadcast application of fluazifop on a total of 34 acres. All work shall be performed in accordance with the attached Performance Work Statement; all federal, state, and local regulations; and to commercial standards.

0016 Cut-Stump and Spot Treatment – Dexter Dam

1 Job $____________ $____________

Cut-stump and spot application of all target species with triclopyr amine over the entire earthfill portion of the downstream dam face. All work shall be performed in accordance with the attached Performance Work Statement; all federal, state, and local regulations; and to commercial standards.

0017 Cut-Stump and Spot Treatment – Cottage Grove Dam

1 Job $____________ $____________

Cut-stump and spot application of all target species with triclopyr amine over the entire earthfill portion of the downstream dam face. All work shall be performed in accordance with the attached Performance Work Statement; all federal, state, and local regulations; and to commercial standards.

0018 Cut-Stump and Spot Treatment – Fall Creek

1 Job $____________ $____________

Cut-stump and spot application of all target species with triclopyr amine over the entire earthfill portion of the downstream dam face. All work shall be performed in accordance with the attached Performance Work Statement; all federal, state, and local regulations; and to commercial standards.

0019 Cut-Stump and Spot Treatment – Lookout Point Dam

1 Job $____________ $____________

Cut-stump and spot application of all target species with triclopyr amine over the entire earthfill portion of the downstream dam face. All work shall be performed in accordance with the attached Performance Work Statement; all federal, state, and local regulations; and to commercial standards.

0020 Cut-Stump and Spot Treatment – Blue River Dam and Blue River Saddle Dam

1 Job $____________ $____________

Cut-stump and spot application of all target species with triclopyr amine over the entire earthfill portion of the downstream dam face. All work shall be performed in accordance with the attached Performance Work Statement; all federal, state, and local regulations; and to commercial standards.

0021 Cut-Stump and Spot Treatment – Dorena Dam

1 Job $____________ $____________

Cut-stump and spot application of all target species with triclopyr amine over the entire earthfill portion of the downstream dam face. All work shall be performed in accordance with the attached Performance Work Statement; all federal, state, and local regulations; and to commercial standards.

0022 Cut-Stump and Spot Treatment – Hills Creek

1 Job $____________ $____________

Cut-stump and spot application of all target species with triclopyr amine over the entire earthfill portion of the downstream dam face. All work shall be performed in accordance with the attached Performance Work Statement; all federal, state, and local regulations; and to commercial standards.

0023 Cut-Stump and Spot Treatment – Fern Ridge

1 Job $____________ $____________

Cut-stump and spot application of all target species with triclopyr amine over the entire earthfill portion of the downstream dam face. All work shall be performed in accordance with the attached Performance Work Statement; all federal, state, and local regulations; and to commercial standards.

NET AMT $____________

The Period of Performance will be from contract award through 31 July 2019. Work shall begin in September 2018.

Supplies/ Services will be inspected/accepted at:

Table 2.

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 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government 0019 Destination Government Destination Government 0020 Destination Government Destination Government 0021 Destination Government Destination Government 0022 Destination Government Destination Government 0023 Destination Government Destination Government

Provisions 52.212-1, Instructions to Offerors – Commercial, 52.212-2, Evaluation -- Commercial Items, and 52.212- 4, Contract Terms and Conditions -- Commercial Items apply to this acquisition along with any listed addenda to the provisions.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items. For offerors with a current registration in the System for Award Management (SAM), complete paragraph (b) of the provision and submit with the response to the RFQ.

52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL ITEMS (JAN 2017) – ADDENDUM

Quotes shall include the following:

1. Company Name: _______________________________________________________________

2. Address / Telephone No.: ________________________________________________________

3. Cage Code (or DUNS, both from SAM): ____________________________________________

4. Point of Contact – Name, Phone, Email: ____________________________________________

5. Quote – Enter the information on Table 1 provided on page 1.

6. Evaluation submittals per 52.212-2 (below)

Quote Submissions: Quotes are due no later than 05 September 2018 at 2:00 PM Pacific. Offerors are responsible for verifying receipt of their quotes to this office before offer due date and time.

Quotes may be emailed to:

robert.j.mcpherren@usace.army.mil

Or mailed to:

USACE Portland District/Contracting Division

CECT-NWP-S

ATTN: Robert McPherren 333 SW 1st Ave Portland, OR 97204

For questions regarding this RFQ please contact:

Robert McPherren at 503-808-4312

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(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. EXPERIENCE

2. CERTIFICATION

3. PRICE

(b) Factor 1 – Experience: Using the Offeror’s Experience Form, 52.212-2 ATTACHMENT - OFFEROR’S EXPERIENCE FORM submit up to two (2) projects that best demonstrate the offeror’s experience with work similar in size, scope, and complexity to the tasks described in the Performance Work Statement (PWS). The offeror shall demonstrate experience with identification of noxious weeds and invasive plants of western Oregon.

To be evaluated, each project must have been completed or substantially complete within five years of the date that quotes are due. “Substantially complete” is defined as having completed more than 75% of the project work at the time of proposal submission. If an offeror submits a project that it represents as “substantially complete,” the offeror must reasonably explain why the project is considered at least 75% complete. If an offeror submits an ongoing project without providing an accompanying reasonable explanation that explains how the project is at least 75% complete, the Government reserves the right to reject the project.

An offer will be determined to be “ACCEPTABLE” for Factor 1 if the offeror included at least one (1) Experience Form* that provides the required information and demonstrates the experience listed above.

An offer will be considered “UNACCEPTABLE” for this factor if it does not provide the required information demonstrating the experience listed above.

*An Offeror may submit their experience on a form other than that provided, and may be considered responsive, as long as all the narrative contains all information required within the 52.212-2 ATTACHMENT - OFFEROR’S

EXPERIENCE FORM.

(c) Factor 2 – Certification: The contractor shall provide their Certified Pesticide Applicator license number in accordance with the Oregon State Pesticide Applicator Law (ORS Chapter 573). An offeror’s quote will be found “ACCEPTABLE” if the offeror provides a valid and active Certified Pesticide Applicator license number. An offeror’s quote will be found “UNACCEPTABLE” if the offeror does not provide a valid and active Certified Pesticide Applicator license number.

(d) Factor 3 – Price: It is the Government’s intention to award to the offeror whose quote receives an “ACCEPTABLE” rating for Factor 1 – Experience and “ACCEPTABLE” rating for Factor 2 - Certification, and whose quote has the lowest evaluated price.

(e) The Government will evaluate offerors past performance information through various methods (e.g. CPARS, FAPIIS, SPRS (formerly PPIRS) etc.) to determine eligibility for award as part of contractor responsibility. Past performance is not being considered as a formal evaluation factor. Offerors are not required to provide past performance as part of their offer.

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

(End of provision)

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

FOR THE

WILLAMETTE VALLEY PROJECT TERRESTRIAL WEED TREATMENT 2018

PROJECT IN LANE COUNTY, OREGON

1.0 GENERAL STATEMENT.

The Willamette Valley Project, Portland District, Army Corps of Engineers is acquiring chemical control of noxious and invasive weeds on lands it administers in Lane County Oregon. This effort is part of a comprehensive Integrated Vegetation Management program intended to limit the environmental damage to public lands caused by invasive plants and to protect dams and other infrastructure from damage by harmful vegetation. Federal policy requires agencies to control invasive plants and prevent their further spread. Invasive plant control in selected sites is needed to protect Endangered Species, native plant communities, restoration projects and the built environment from the harmful effects of invasive plants.

This contract calls for spot spraying 169 acres of exotic species at Fern Ridge, 31 acres at Fall Creek, 34 acres at Dorena Lake, 102 acres at Dexter, and 34 acres at Cottage Grove in 2018. Broadcast treatment applications shall be applied on approximately 6 acres at Dorena Lake and at 93 acres at Fern Ridge. Spot and cut stump treatment shall be completed on earthfill dams of approximately 9 acres at Dexter Dam, 2 acres at Cottage Grove Dam, 4 acres at Fall Creek, 3 acres at Lookout Point Dam, 1 acre at Blue River Dam, 1 acre at Blue River Saddle Dam, 5 acres at Dorena Dam, and 3 acres at Hill Creek. The locations are mapped (see Attachment 1) and described below.

The Period of Performance for this contract is Date of Award through 31 July 2019. Work shall begin in September 2018.

2.0 DEFINITIONS.

Throughout this PWS terms are defined as follows:

Contracting Officer (KO): The Government employee who is authorized to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officers Representative (COR): The Government employee who has been authorized in writing as the contracting officer’s representative, acting within the limits of their authority.

Quality Assurance Evaluator (QAE): The Government employees responsible for checking contractor performance.

Contract Discrepancy Report (CDR): A written record of unsatisfactory performance by the contractor as observed by the QAE, Attachment A

3.0 THE GOVERNMENT WILL FURNISH.

The Government will furnish maps (Attachment 1) of areas to be treated, a list of target species, and treatment acreage for each location in Table 1. Treatment areas are illustrated in the attached maps (Attachment 1). GIS shapefiles of the treatment areas are available. These may be supplemented with field visits with the COR or technical representative.

4.0 THE CONTRACTOR SHALL FURNISH.

The Contractor shall provide all technical expertise, labor, language interpretation, permits, licenses, equipment, supervision, transportation, operating supplies, and incidentals necessary to spot treat specific target species using hand-operated spot application equipment (i.e., back-pack sprayers, hand-gun sprayers);

broadcast treat using appropriate powered equipment (i.e., tractor or ATV-mounted boom or boomless spray rigs); and perform cut-stump treatments for the successful performance of this contract.

5.0 PERFORMANCE STANDARDS AND REQUIREMENTS (Also see Summary in Paragraph 6.0)

5.1 Subcontractors shall meet the same standards for spraying as the prime contractor. The contractor shall submit subcontractor qualifications, and the COR shall approve the subcontractor for spraying prior to subcontractor performing any work under this contract. Subcontractor qualifications may be submitted for approval with the quote.

5.2 Applicable Regulations. The contractor shall follow all applicable federal, state, and local regulations, including but not limited to those listed here. Nothing in this specification is to be construed as permitting work not conforming to these regulations. In the case of conflict between the referenced documents, this Performance Work Statement (PWS), the stricter requirements shall apply.

a. Code of Federal Regulations (CFR)

b. DOT -- Department of Transportation regulations for transportation of hazardous used oil and oil water mixtures (49 CFR)

c. OSHA -- Occupational Safety and Health Administration regulations related to management and control of hazardous used oil and oil-water mixture, and personal protection and safety (29

CFR 1910)

d. RCRA -- Resource Conservation and Recovery Act as enforced in 40 CFR, Part 260 through

e. PPA -- Pollution Prevention Act of 1990, Section 6602

f. Executive Order 12856 -- Federal Compliance Order with the Emergency Planning and Community Right to Know Law and the Pollution Prevention Requirements. U.S. Army Corps of Engineers, Portland District Pollution Prevention Policy of 1994

g. Federal Insecticide and Rodenticide Act, 40 CFR, Subpart B

h. OAR 340-113 -- Oregon Universal Waste Regulations as administered by DEQ

i. ORS 465, 466, 468 -- Oregon Hazardous Materials Regulations

j. ORS 573 -- Oregon State Pesticide Applicators Law

k. Pertinent pesticide labels

l. EM 385-1-1 -- U.S. Army Corps of Engineers Safety and Health Requirements Manual

Revised 2008

m. CWA – Clean Water Act and terms of Portland District’s NPDES PGP permit

n. The Contractor is responsible for ascertaining the extent to which these regulations affect the operations resulting from this solicitation and to comply therewith. The Contractor shall meet all of the applicable regulations as well as all provisions outlined in this contract

5.3 Submittals.

5.3.1 Submittals Due With Quote Submission. The Contractor shall furnish the following information with quote submission:

a. The contractor shall provide their Certified Pesticide Applicator license number in accordance with the Oregon State Pesticide Applicator Law (ORS Chapter 573).

b. Success in executing this contract requires familiarity with noxious weeds and invasive plants of western Oregon. In addition, performance standards cannot be met without the ability to distinguish target weeds from native species, including native relatives of weeds and rare and endangered plants. Hence, the contractor shall provide documentation of previous experience with similar jobs and a statement of training and experience in weed and native plant identification relevant to this contract.

5.3.2 Pre-Work Submittals Due at the Pre-work Meeting (Post Award). The Contractor shall furnish to the

COR all of the following information:

a. Material Safety Data Sheets (MSDS)

b. General Health and Safety Plan

c. Hazard Communication Plan

d. Emergency Spill Response Plan

e. Quality Control Plan

f. Copy of contractor's and current employees’ Certified Pesticide Applicator licenses

g. Proof of pollution liability, general commercial liability and business automobile liability insurance per Insurance Clause (FAR Clause 52.228-5) and the insurance section under Contract Administration

5.3.3 Submittals Due During Execution of the Work: The Contractor shall furnish to the COR the following:

a. A copy of the Post-Application Report within 10 working days after application. Post-

Application Report shall be submitted to the COR for every herbicide application.

b. Site-specific recommendations on methods or procedures that will improve management and control of weeds. The recommendations shall be communicated to the COR through the most direct and informal means possible

5.4 Service Requirements. Herbicides shall be applied to target vegetation within the treatment area as described and mapped for each unit. Herbicide application shall not take place when precipitation is expected before the herbicide formulation is rain-fast. If treatment is followed by rain before the application is rain-fast as specified in the herbicide label, the area shall be retreated at the contractor's expense.

5.5 Notification and Access. Contractor shall notify the COR or technical representative at least 1 business day in advance of beginning treatment at any unit. Contractor will not be issued keys, and access through locked gates shall be provided by a Government employee.

Vehicle access to the edge of each unit is possible in most cases. Vehicles, including ATVs, are prohibited from the Fern Ridge Research Natural Area (except for firelines around the margins, which may be impassible in wet weather).

The contractor, prior to beginning herbicide treatment, shall post each separate treatment site. Each entrance to a site will be posted with the formulation applied, the date, the herbicide label re-entry period and contact data for the COR.

5.6 Reporting. Within ten (10) working days of completion of each unit, the contractor shall submit a complete Post-Application Report containing the following information:

a. The Contract Number and Contract Line Item (CLIN) which required the pesticide application

b. The location of the land or property where application was made

c. The date and start and end time of application

d. The temperature, wind speed, and weather conditions at the time of application

e. The supplier of pesticide product(s) applied

f. The trade name, EPA number, and the strength of such pesticides applied

g. The total amount and concentration (total amount of concentrate, percent of mix, amount of mix applied, amount of concentrate and mix per acre)

h. The specific property, crop or crops to which the pesticide was applied

i. The summary information of equipment, device or apparatus used

j. The full name and license number of the contractor, applicator(s), apprentice(s), and/or trainee(s) who applied the pesticides

5.7 Application.

5.7.1 Spot application. Herbicide formulation, target species, and location for spot treatments are specified in

Table 1.

Table 1. Spot Application

CLIN Project Site Herbicide Acres Approximate

Date Target Plant Species

Fern Ridge

Cherry, Shore, Spires, Eaton triclopyr amine

47 15-SEP-18

exotic Rubus, Rosa, etc.

all shrubby spp.:

blackberry, rose, cotoneaster, pyrracantha, haw, etc

Cottage Grove

Downstream triclopyr amine

29 10-SEP-18

exotic Rubus spp.

exotic blackberry

Cottage Grove

Piper & Sweeney Cr triclopyr amine

5 10-SEP-18

exotic Rubus spp.

exotic blackberry

0003 Fern Ridge

Orchard triclopyr amine

9 10-SEP-18

exotic Rubus spp.

exotic blackberry

0004 Fall Creek

Tufti Downstream triclopyr amine

8 15-SEP-18

exotic Rubus spp.

exotic blackberry

Dorena EWL Area triclopyr amine

34 15-OCT-18

exotic Rubus spp.

exotic blackberry

Dexter Orchards triclopyr amine + pelargonic acid

51 15-JAN-19 Hedera spp. ivy

0007 Fern Ridge

Richardson Butte glyphosate 51 15-MAR-19 Brachypodium sylvaticum false-brome

0008 Fern Ridge

Richardson Butte glyphosate 51 1-JUN-19 Brachypodium sylvaticum false-brome

0009 Fall Creek

Tufti Downstream triclopyr amine

23 15-JUN-19

exotic Rubus spp.

exotic blackberry

Dexter Orchards triclopyr amine

51 15-JUN-19

exotic Rubus spp.

exotic blackberry

Fern Ridge

Richardson Creek aminopyralid 5 15-JUN-19

Centaurea jacobea nothossp.

pratensis meadow knapweed

Fern Ridge

Station 10 aminopyralid 6 15-JUN-19

Centaurea jacobea nothossp.

pratensis meadow knapweed

The contractor shall use hand-held, directed application equipment to spot spray the specified exotic plants on 13 sites totaling 370 acres with the specified herbicide formulation at label-specified rates and timing adequate to control the target species. Adjuvants shall be consistent with herbicide labels.

All treatment units are in Lane County, Oregon.

Herbicides shall be applied strictly in accordance with label instructions. The contractor shall be responsible for following all additional safety requirements as prescribed per each label, including appropriate clothing specifications, eye protection, and all other safety requirements. Herbicides may be mixed on United States Army Corps of Engineers (USACE) property as long as proper spill precautions are taken.

The glyphosate formulation shall be labeled for aquatic use (e.g., Roundup CustomTM or equivalent) per acre. Salient characteristics of an ‘or equivalent’ is an active ingredient of 53.8% glyphosate. Glyphosate and triclopyr applications shall include an appropriate non-ionic surfactant per herbicide label. Triclopyr application to ivy (Hedera sp.) at Dexter Orchards unit shall include pelargonic acid to disrupt waxy coatings and cell membranes. Aminopyralid applications shall include no adjuvant to increase the specific activity of the treatment.

Follow-up spot treatments shall be conducted on an as needed basis in order to maintain an acceptable rate of kill as determined by the COR and shall occur at no additional cost to the government.

5.7.2 Broadcast application. The Contractor shall use broadcast methods combined with hand-gun work for small areas and near obstacles. Spray equipment will be towed or mounted on ATV or equivalent.

Table 2. Broadcast Application

CLIN Project Site Herbicide Acres Approximate

Date Target Plant Species

0012 Dorena East Wildlife Area S glyphosate 6 25-OCT-18 exotic spp. exotic vegetation

0013 Fern Ridge

Orchard, S Eaton, and S Marsh glyphosate and triclopyr amine

25 30-OCT-18 all all vegetation

0014 Fern Ridge

North Eaton etc.

fluazifop 34 6-DEC-18 exotic grass exotic grasses

0015 Fern Ridge

North Eaton etc.

fluazifop 34 15-FEB-19 exotic grass exotic grasses

5.7.3 East Wildlife Area S. Broadcast four (4) pints of aquatic-labeled glyphosate (e.g. Roundup CustomTM or equivalent) per acre. Salient characteristics of an ‘or equivalent’ is an active ingredient of 53.8% glyphosate. Use any appropriate non-ionic surfactant per herbicide label.

Apply herbicide to all areas within the mapped treatment area. Larger areas may be boom sprayed, while smaller areas and those near obstacles such as trees will require hand-gun work.

Purpose is to differentially affect early-greening exotic grasses while minimizing effects on native plants.

Application will occur in appropriate weather about 2 weeks after prescribed fire (but no less than 10 and no more than 18 days) and exotic plants have grown enough to be affected by herbicides. If prescribed fire does not occur, this unit will not be treated. If no weather window occurs during the treatment period, this unit will not be treated.

5.7.4 Orchard, South Eaton and South Marsh. While targets are actively growing, broadcast a tank mix of glyphosate and triclopyr amine: four (4) pints of aquatic-labeled glyphosate (e.g. Roundup CustomTM or equivalent) per acre. Salient characteristics of an ‘or equivalent’ is an active ingredient of 53.8% glyphosate; and two (2) pints per acre of triclopyr amine (such as Element IIIa or Garlon IIIa).. Use any appropriate non-ionic surfactant per herbicide labels.

Apply herbicide to all areas within the mapped treatment area. Larger areas may be boom sprayed, while smaller areas and those near obstacles such as trees will require hand-gun work.

Purpose is to kill all vegetation on the site to prepare for planting. Application will occur after fall green-up is substantially progressed for maximum herbicide effect.

Note that the South Marsh treatment units may not be accessible by truck due to water and muddy swale crossings. It is possible, depending on conditions, that only smaller off road machines will be able to reach the units farther east.

5.7.5 North Eaton etc.. Broadcast twenty (20) oz of fluazifop-p-butyl (e.g. Fusilade DX, or equivalent) per acre

(0.312 lb active ingredient per acre). Salient characteristics of equivalent include 24.5% active ingredient and labeled for prairie restoration. This is the ‘special rate’ for hard-to-kill grasses. Please refer to the local, special needs label for grassland restoration, as well as the product’s label.

Fluazifop shall be applied with label rates of Nu Film IR, the only adjuvant approved for use in this site under the current Endangered Species Act Biological Opinion.

Treatments shall occur when the exotic grasses are actively growing. The first treatment shall be in late fall or early winter (approximately between November 15 and December 15, 2018). The second treatment shall be approximately mid-February of 2019.

5.7.6 Spot and cut-stump treatment on earth-fill dams.

Table 3. Cut-stump and Spot Treatment

CLIN Project Site Herbicide Approximate

Date Target Plant

0016 DEX

Dexter Dam triclopyr amine SEP-OCT 2018

Blackberries, shrubs, trees

0017 CTG

Cottage Grove Dam triclopyr amine SEP-OCT 2018 blackberries, shrubs, trees

0018 FCR

Fall Creek triclopyr amine SEP-OCT 2018 blackberries, shrubs, trees

0019 LOP

Lookout Point Dam triclopyr amine SEP-OCT 2018 blackberries, shrubs, BLR

Blue River Dam triclopyr amine SEP-OCT 2018 blackberries, shrubs, trees

BLR

Blue River Saddle Dam triclopyr amine SEP-OCT 2018 blackberries, shrubs, trees

0021 DOR

Dorena Dam triclopyr amine SEP-OCT 2018 blackberries, shrubs, trees

0022 HCR

Hills Creek triclopyr amine SEP-OCT 2018 blackberries, shrubs, trees

0023 FRN

Fern Ridge triclopyr amine SEP-OCT 2018 blackberries, shrubs, The Contractor will use hand-held, directed application equipment to spot spray triclopyr amine and a suitable adjuvant at label-specified rates adequate to control all blackberries (Rubus species). Additionally, all hardwoods(broadleaf trees), including but not limited to willows (Salix species), maples (Acer species), cottonwood (Populus species), oaks (Quercus) and chinquapins (Chrysoplepis), will receive a cut-stump treatment, where all stems are cut and all fresh stumps are immediately treated with 50% triclopyr amine and an adjuvant if needed. A suitable dye will be used to ensure thorough coverage and allow inspection during treatment.

These treatments will occur on 9 sites. The outlined spot/cut treatment areas shown on the attached maps represent the boundaries to be treated. The Contractor shall spot/cut stump all target species to be treated over the entire earthfill portion of the downstream dam face. Note that Dexter, Cottage Grove, and Fall Creek support dense target vegetation, while the remaining sites will require less intensive treatment.

5.8 Inspection. Acceptance of work shall be based on inspection of at least 20% of area treated, and 100% of documentation. The Government will complete inspection within 21 calendar days of notification that an application is completed. Inadequate documentation shall be remedied prior to payment. Evidence that 5% or more of target plants within a target area were not treated shall be grounds for rework.

The contractor shall be responsible for excessive damages to non-target plants as well as damage caused by the contractor to non-target areas. For spot applications targeted at specific species, no more than 5% of affected plants shall be non-target species. Where rare and endangered species are present, none shall be affected. Evidence that these standards have been exceeded shall be grounds for non-payment and damages. The contractor shall be held accountable for all damages to rare and endangered species and Government property.

6.0 PERFORMANCE REQUIREMENTS SUMMARY

6.1 The Performance Requirements Summary (PRS) is intended to ensure that the Government receives the services for which it contracted. The Government will only pay for services received. The PRS determines if the contractor meets the performance standards of the contract, as well as provides guidelines for how and when surveillance will be performed. It ensures timeliness, effectiveness, and that the contractor is delivering the results specified in the contract. Government contract quality assurance will be performed at such times and/or places as may be necessary to determine the services conform to contract requirements.

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable quality levels (AQL) of service required for each requirement. These thresholds are critical to mission success.

6.2 Performance Requirements Summary Table. If the Contractor fails to perform at any time and the work is deemed critical by the COR, Government forces may be assigned to perform the work. If this occurs, the Contractor shall be required to reimburse the Government for the full costs of the work performed including labor, materials, transportation, and supervision.

Performance Requirements Summary: These are the criteria against which the performance will be evaluated. Work shall be considered not to have been performed when any one of the following conditions exists in accordance to the Quality Assurance Surveillance Plan (QASP).

PERFORMANCE REQUIREMENTS SUMMARY TABLE

Performance Objective Surveillance Validated Complaints For spot, broadcast, and cut-stump treatment, the specified herbicide formulation will be applied directly to all individuals or areas of the target species in the treatment unit specified.

20% random Inspection 5% or more target plants not visibly affected per each treatment unit; 100% of cut-stump targets cut and stumps treated and dye visible

For spot treatment, non-target damage will be limited to an 8” radius around each target individual. No non-target species will be purposely sprayed.

20% random Inspection 5% error in applicator species ID, 5% overspray beyond 8”

For cut-stump treatment, non-target damage will be limited to a 3” radius around each target individual. No non-target species will be purposely sprayed

0% random Inspection 5% overspray beyond 3”

For broadcast treatment, non-target damage will be limited to 1 meter from unit boundaries except no damage will occur on non-Corps of Engineers property.

20% random Inspection No drift beyond one meter, no damage to neighboring property

When specific herbicides are prescribed, non-target plants will be undamaged.

20% random Inspection No evidence of non- specific damage

Rare and endangered species 100% inspection No evidence of damage Documentation and reporting 100% inspection No missing and erroneous documentation

6.3 Surveillance. Periodic (Daily & Weekly) inspections by the COR, in addition to complaints from project personnel and/or visitors areas under this contract, will serve as the surveillance method. If the COR discovers deficiencies and/or receives complaints, the COR will pass them on to the contractor's Quality Control Inspector (QCI) for correction.

6.4 Quality Control. The contractor, not the government is responsible for quality control actions necessary to meet the quality standards set forth by the contract. The contractor shall develop and submit his Quality Control Plan (QCP) for government approval after award in compliance with the performance work statement prior to work commencing. Once accepted, the QCP shall be used by the contractor to ensure that they deliver quality service. The Quality Assurance Surveillance Plan (QASP) is a document that communicates to the contractor the surveillance methods that will be used to measure its performance against the standards in the contract and provides means by which the Government monitors and documents performance. Quality Assurance (QA) is the Government process that ensures the contractor delivers quality service. The surveillance methods identified in the QASP together with the contractor’s QCP will help determine whether the contractor delivers the performance agreed to in the contract. The Government reserves the right under the Contract Terms and Conditions—Commercial Items (FAR

52.212-4) to inspect and test the services called for by the contract, to the extent practicable at all times and places during the term of the contract. Non-conforming services shall be rejected.

6.5 Unacceptable Performance. When performance is determined unacceptable, as defined in the

Performance Requirements Summary, the Government Quality Assurance Evaluator (GQAE) will inform the COR that performance is unacceptable. The COR will inform the contractor’s on-site representative and provide written documentation by use of the form DD 2772, Contract Discrepancy Report, reference appendix A. By initialing and dating the form, the contractor is only acknowledging notification of unacceptable performance. Disputes in surveillance should be referred to the Contracting Officer.

The QAE will notify the COR and the Contracting Officer of less than acceptable performance. If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount.

Daily cleaning/sanitation are not considered re-performable work, and shall result in a deduction for nonperformance of work. When the defect(s) in services cannot be corrected by re-performance, the Government may:

a. Require the Contractor to take necessary action to ensure future performance conforms to contract requirements.

b. Reduce the contract price to reflect the reduced value of the services performed.

c. If the Contractor fails to promptly re-perform the services, or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may:

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or

(2) Issue Cure Notice

(3) Terminate the contract for Government Convenience

(4) Terminate the contract for Cause

6.6 Correction of Non-Performance of Work by Re-Performance. The COR/QAE will notify the

Contracting Officer of less than acceptable performance. If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. The Contractor shall employ an adequate quantity of personnel to insure that any area found to be not in compliance and therefore not acceptable, shall be made acceptable by the performance or re-performance of the work, where such re-performance is possible, within five business days after noncompliance has been observed by or reported to and verified by the

COR.

6.7 Correction of Non-Performance of Work. The Contractor shall employ an adequate quantity of personnel to insure that any area found to be not in compliance and therefore not acceptable, shall be made acceptable by the performance or re-performance of the work, where such re-performance is possible, during the first business day after non-compliance has been observed by or reported to and verified by the

COR.

Recurring defects are not permitted for any of the above service items. For example, if the COR discovers litter left in the vicinity of recreation area covered under the contract, the contractor is required to correct the defect through re-performance. No defect is recorded against the contractor's performance. However, if this same situation occurs again during the contract period, a defect will be recorded and reported to the

Contracting Officer for appropriate action in accordance with FAR 52.212.4, Contract Terms and Conditions-Commercial Items.

6.8 Damages Caused by the Contractor. The Contractor shall be held accountable and liable to the

Government for any damages to government facilities, fixtures, furnishings, equipment, or grounds caused by the Contractors or their employees.

6.9 Interference with Government Operations. The Government may undertake or award other contracts for additional work and the Contractor shall fully cooperate with such other contractors and Government employees. The Contractor shall not commit or permit any act which shall interfere with the performance of work by any other contractor or by Government employees.

7.0 SAFETY AND SECURITY

7.1 General. The Contractor shall follow all safety regulations as set by the Occupational Safety and Health

Administration (OSHA), Corps of Engineers Safety Manual EM 385-1-1, and project safe clearance procedures. A copy of the EM 385-1-1 can be downloaded at the following link:

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

a. A Job Safety Analysis, also known as Activity Hazard Analysis (AHA), shall be prepared in accordance with EM-385-1-1 and submitted as part of the Accident Prevention Plan for approval by the designated COR prior to initiation of the work tasks. The Job Safety Analysis shall be updated and resubmitted to the designated COR as warranted.

b. Tools shall be equipped with manufacturer's recommended safety protective devices to ensure worker safety at all times. Tools shall be inspected daily by the Contractor and maintained in good working condition. All workers shall be properly trained in safe practices.

c. In the event that an accident or injury occurs to Contractor personnel, the Contractor shall notify the COR in a timely manner. The Contractor shall make a written report of each separate case of an injury or accident. The report shall include, but not be limited to; location, nature of the injury or accident, authorities notified, and the action taken along with any other pertinent information. The report shall be accompanied by sketches, graphs/drawings, and photographs as needed and forwarded to the COR within 24 hours.

7.2 Project Security. Project security is the responsibility of the Contractor. The Government will not accept responsibility for stolen or damaged equipment and materials. All equipment and materials shall be adequately secured by the Contractor to prevent theft or vandalism.

7.3 Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

7.4 Pre-screen candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

8.0 ENVIRONMENTAL PROTECTION

8.1 Environmental Protection Plan. Contractor shall submit Environmental Protection Plan for approval by the designated COR prior to initiation of the work tasks. The Environmental Protection Plan identifies plans, procedures and personnel to minimize, manage, control and avoid damage to the environment, including a site-specific spill prevention and response plan.

8.2 Equipment Cleaning. The Contractor shall clean all construction equipment prior to bringing it onto the project site. The Contractor shall ensure that the equipment is free from soil residuals, egg deposits from plant pests, noxious weeds, and plant seeds.

8.3 Protection of Land Resources. The areas on which the work is to be performed under this contract, and the land resources adjacent thereto, shall be preserved in their present condition.

8.4 Protection of Water Resources. Lakes, ditches, rivers, canals, ponds, waterways, inundated wetlands, or reservoirs shall not be polluted with fuels, oil, bitumens, calcium chloride, insecticides, herbicides, or other similar materials harmful to fish, shell fish, wildlife, or materials which may be detrimental to outdoor recreation.

8.5 Herbicide Application. All application of herbicides shall comply with state and Federal laws regulating the use and dispersal of selected chemicals, including their use on and adjacent to open waters and wetland areas. The Contractor shall ensure:

a. Only personnel certified, licensed, and authorized in the use, handling, and application of approved chemicals may administer herbicide to treatment areas

b. Chemicals shall be securely stored off-site and BMPs shall be followed in the transport…