W912ES-17-T-0122_-_Vegetation_Control_and_Planting_Services_on_Hayshore_Lake_Restoration_Area.pdf

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(No Collect Calls)

W912ES17T0122 18-Aug-2017

b. TELEPHONE NUMBER

651-290-5406

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 06 Sep 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912ES9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LAURA D NABITY

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

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W81G6772207942

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

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% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

USACE - ST PAUL

180 5TH STREET EAST

SUITE 700

ST. PAUL MN 55101-1678

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

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12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

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RFQ IFB RFPX

FAX:

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VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$7,500,000

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF57

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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REPRESENTATIVE

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REPRESENTATIVE

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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

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42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912ES17T0122

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK (SOW

STATEMENT OF WORK / SPECIFICATIONS

Competing Vegetation Control and Tree Planting at Hayshore Lake Restoration Area near Genoa, WI

1 BACKGROUND

The services needed are for vegetation control and tree planting services targeting reed canarygrass (Phalaris arundinacea) and other competing vegetation. The treatment areas total approximately 76.2 acres on US Army Corps of Engineers (COE) owned land located near Genoa, WI. These treatments are part of a larger project located within US Fish and Wildlife Service (FWS) Upper Mississippi River National Wildlife and Fish Refuge, McGregor District.

Hayshore Lake Restoration Area is accessible by boat only. Services needed include chemical control on established reed canarygrass and other competing broadleaf weeds with multiple follow-up treatments and tree planting.

The work to be performed under this contract consists of furnishing all plant materials, equipment, supplies, labor, supervision, and transportation and performing all work as required by the CLIN SCHEDULE of the contract, in strict accordance with this Statement of Work and attachments, all of which are made part hereof. All work materials and services not expressly called for in the scope of work or shown on the attachments but which are necessary for completion of the contract requirements shall be performed and furnished by the Contractor at no increase in cost to the Government. It is expected that the contractor will utilize their knowledge, skills, and abilities to plan work around weather forecasts and moisture conditions.

Contract Period: The contract term is for one (1) base year and three (3) one-year options to be exercised at the Government’s discretion.

1.1 SITE DESCRIPTION

1.1.1 Project Area and Access

The Hayshore Lake Restoration Area is located in Houston County, MN, approximately 2.2 miles southwest of Genoa, WI and 1 mile east of mile marker 677 in the main channel of the Mississippi River. The approximate coordinates of the center of the project area is located at 91°15’17.67”W, 43°32’30.93”N.

Vicinity and site specific maps are attached (Attachments 1 and 2). Access for the current project to the site is by boat only from the main Mississippi River channel or from the Minnesota side taking back sloughs. Contractor shall provide their own boat(s) to complete work. The boat(s) must be licensed to operate in the State of Wisconsin or the State of Minnesota. Summer river depths at the site may be low as 3 feet. The Dairyland Power Landing just south of Genoa, WI off of Highway 35 provides the best access to the site. Additional ramps on the Minnesota side include Millstone Boat Landing and Visgers Landing off of Highway 26.

1.1.2 Vegetation

Unit 049 is an uneven aged stand that has an over story that consists of eastern cottonwood (Populus deltoides), green ash (Fraxinus pennsylvanica), american elm (Ulmus americana), hackberry (Celtis occidentalis), silver maple (Acer saccharinum) and swamp white oak (Quercus bicolor) in the northern part of the unit. The mid story and understory consist of silver maple, american elm, green ash and hackberry. Throughout the unit there are many canopy openings that have been taken over by reed canarygrass (Phalaris arundinacea) and wood nettle (Laportea Canadensis). For the purpose of this project, Unit 049 will be split in half into a north section and a south section labeled 049N and 049S.

Unit 043 is a young uneven aged stand with an over story that consists of american elm (Ulmus americana) and silver maple (Acer saccharinum). The basal area (BA) within this unit is well over 200. Due to the high BA, the mid story is composed of suppressed american elm and silver maple. The understory has a consistent presence of american elm throughout the unit and the ground cover has carpets of silver maple in grass stage. For the purpose of this project, Unit 043 will be split in half into a north section and a south section labeled 043N and 043S.

1.2 PRESCRIPTIONS

All work described in this SOW will be implemented in those areas shown in Attachment 2.

Specific prescriptions are summarized in the prescription table below, and described in detail following the table.

1.2.1 Prescriptions

Treatment Area CLIN Begin Date End Date Units Treatment

Site Prep ‐ Spot Spray (Unit 049N, Unit 049S)

Oct 1, 2017 Jun 1, 2019 Aug 1, 2019 Jun 1, 2020 Jun 1, 2021

Oct 31, 2017 July 15, 2019 Sept 30, 2019 July 15, 2020 July 15, 2021

2,180 2,180 2,180 4,360 4,360

Spot spray for site prep for tree seedlings with re‐spot spray around planted seedlings

Tree Planting (Unit 049N, Unit 049S, Unit043N, Unit 043S)

0002/0003 0004/0005 2001/2002

Oct 1, 2017 Mar 15, 2018 Oct 1, 2019

May 15, 2018 May 15, 2018 Oct 31, 2019

4,142 2,180 6,322

Purchase and Plant bareroot seedlings on a 10x10' spacing

1.2.1.1 Site Prep & Re-spray

Between October 1 and October 31, 2017 Unit 049N is to be spot sprayed with a broad-spectrum herbicide to eliminate all herbaceous competition for a spring 2018 tree planting. There are many canopy openings throughout Unit 049N and it is up to the contractor to choose where trees are to

go. There shall be a total number of 2,180 spots to be sprayed for a spring planting. Each spot that will be sprayed must have a 2’ diameter ring and be spaced 10x10’ apart from each other and evenly distributed across the specific Unit.

Between June 1 and July 15, 2019 Unit 049N shall be re-visited and the area around the planted seedlings (from spring of 2018) shall be re-sprayed with a broad-spectrum herbicide to eliminate all herbaceous competition during the 2019 growing season. Each spot that will be sprayed must have a 2’ diameter ring. The contractor shall protect each bareroot seedling from the herbicide during application. A cone that sits over the seedling during application will be acceptable.

Between August 1 and September 30, 2019 Unit 049S is to be spot sprayed with a broad-spectrum herbicide to eliminate all herbaceous competition for a fall 2019 tree planting. There are many canopy openings throughout Unit 049S and it is up to the contractor to choose where trees are to go. There shall be a total number of 2,180 spots to be sprayed for the fall planting.

Each spot that will be sprayed must have a 2’ diameter ring and be spaced 10x10’ apart from each other and evenly distributed across the specific Unit.

Between June 1 and July 15, 2020 all of trees in Unit 049N and 049S (4,360 bareroot seedlings) shall be re-sprayed with a broad-spectrum herbicide to eliminate all herbaceous competition during the 2020 growing season. Each spot that will be sprayed must have a 2’ diameter ring.

The contractor shall protect each bareroot seedling from the herbicide during application. A cone that sits over the seedling during application will be acceptable.

Between June 1 and July 15, 2021 all of trees in Unit 049N and 049S (4,360 bareroot seedlings) shall be re-sprayed with a broad-spectrum herbicide to eliminate all herbaceous competition during the 2021 growing season. Each spot that will be sprayed must have a 2’ diameter ring.

The contractor shall protect each bareroot seedling from the herbicide during application. A cone that sits over the seedling during application will be acceptable.

1.2.1.2 Tree Planting

Between October 1, 2017 and May 15, 2018 the contractor has the option of either planting 4,142 bareroot seedlings in the fall of 2017 or the spring of 2018 in Unit 043N. The contractor should plant the bareroot seedlings on a 10x10’ spacing as best as they can. If a seedling lands next to a mature tree the contractor will be looked to use professional judgment and move the seedling away from the mature tree to a location where the seedling will thrive the most. Unlike Unit 049 where seedlings are planted in canopy gaps, seedlings being planted are to be planted evenly across entire unit.

Between March 15 and May 15, 2018 the contractor will plant 2,180 bareroot seedlings in Unit 049N. The contractor is to plant the bareroot seedlings in the middle of the 2’ herbicide ring that was sprayed in the fall of 2017. The trees should be spaced 10x10’ and should be in canopy openings throughout the Unit 049N.

Between October 1 and October 31, 2019 the contractor shall plant 2,180 bareroot seedlings in Unit 049S and 4,142 bareroot seedlings in Unit 043S. In Unit 049S, the contractor is to plant the bareroot seedlings in the middle of the 2’ herbicide ring that was sprayed in the summer of 2019.

In Unit 043S, the contractor should plant the bareroot seedlings on a 10x10’ spacing as best as they can. If a seedling lands next to a mature tree the contractor will be looked to use professional judgment and move the seedling away from the mature tree to a location where the seedling will thrive the most.

Tree seedling supply, storage, handling and planting The contractor shall be responsible for purchasing all tree seedlings. Seedlings shall be of the species, quantities and sizes listed in the table below. Large, vigorous root systems are important for hardwood seedlings and the majority of seedlings must have root to shoot ratios of no more than 4 to 1. Seedlings may be root pruned at the time of planting down to a minimum of 12 inches, measured from the root collar. Seedlings not meeting the specifications above and in the table below shall not be planted on the site. All seedlings shall be of native stock and no cultivars shall be planted. Nurseries providing the seedlings should be located within a 200 mile radius of the planting site, or, if outside of this range; the Nursery must provide a statement verifying that the seed source of the seedlings to be planted as part of this contract is within this radius of the planting site. The Government reserves the right to refuse seedlings not meeting the standards describe above, requiring the contractor to procure replacement seedlings at no cost to the Government. In the event that seedlings of a particular species are unavailable, the contractor may replace that species by increasing the proportion of stems from another species on the list.

The Government must be advised prior to planting if the percentage of species differs from the table listed below. The contractor shall not otherwise substitute species or stock types without written approval from the Government.

Species Unit 049N

Unit 049S

Unit 043N

Unit 043S

Minimum Height¹

Target stock type

Planting distribution

Bareroot trees Seedling Quantities

Silver Maple (Acer saccharinum)

1,381 1,381 18" 2-0, 2-1 Scattered

Eastern cottonwood (Populus deltoides)

1,381 1,381 18” 2-0, Scattered

River birch (Betula nigra)

1,381 1,381 12" 1-0,2-0 Clumped, throughout

Swamp white oak (Quercus bicolor)

727 727 18" 2-0, 2-1 Scattered

Bur oak (Quercus macrocarpa)

727 727 16" 2-0, Scattered

Hackberry (Celtis occidentalis)

727 727 12" 2-0, Scattered

¹Seedlings top-pruned in the nursery will be considered acceptable even if less than minimum height

All seedlings shall be handled and stored in an appropriate manner to minimize seedling stress prior to outplanting. Seedlings shall be kept in a cooler at or below 40 degrees F until the day of planting. In no case should seedlings be kept outside of cold storage for more than two days (48 hours). In the field, seedlings should be stored in full shade with roots well moistened.

Immediately prior to planting, trees should be dipped in a root dip containing mycorrhizal inoculum and materials to enhance initial moisture retention. Trees shall be stored in planting bags or other containers to prevent desiccation of roots while being transported to individual planting locations. The trees within a planting container should be planted within 30 minutes of removal from the original nursery bag. The contractor shall plant the trees according to generally accepted tree planting guidelines such as those outlined in the Iowa DNR successful tree planting document: http://www.iowadnr.gov/portals/idnr/uploads/forestry/treeplanting.pdf . The government reserves the right to inspect the operation at time of planting. The government reserves the right to refuse payment for the total cost of tree seedlings and the planting for failure to follow proper seedling handling requirements.

The Contracting Officer (CO) or Government Point of Contact (POC) may suspend planting work if weather conditions could damage plant material, even if the material is handled in accordance with this agreement. The CO or Government POC may also suspend planting work at any time if it is determined that the Contractor is not handling plants or planting in accordance with this agreement.

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

Quality Assessment Tree planting will be considered acceptable if the following are true:

- 95% of Government sampled planted trees meet size specifications above

- 95% of Government sampled planted trees are within +/- 1 foot of target spacing

- Percent of trees of each species within Government samples is within +/- 10% of the target above, unless a wider variation has been approved by the Government

2 MEASUREMENT AND PAYMENT

Payment for this work will be based on the schedule below. Acreage provided by the Government in this solicitation are Government estimates only, based on GIS area calculations.

The Contractor may submit invoice(s) for payment when each work ITEM listed below has been completed. Payment on this contract will be based on the Contract Line Items (CLINS) and only for the total amounts for each CLIN. Following the completion of each CLIN, the Contractor may submit an invoice for payment with the exception of the tree seedling purchase. The tree seedling purchase invoices must be submitted along with the respective tree planting invoices once all planting is completed. A copy of the nursery receipt must be submitted for any purchased plant material.

2.1 Quote - Schedule of Items Summary

ITEM

(CLIN) Service Quantity Unit – Each

0001 Site prep spray 2,180 Spots

0002 Bareroot seedling purchase 4,142 Trees

0003 Bareroot seedling planting 4,142 Trees

0004 Bareroot seedling purchase 2,180 Trees

0005 Bareroot seedling planting 2,180 Trees

1001 Spot re-spray 2,180 Trees

1002 Site prep spray 2,180 Spots

2001 Bareroot seedling purchase 6,322 Trees

2002 Bareroot seedling planting 6,322 Trees

2003 Spot spray - trees 4,360 Trees

3001 Spot re-spray - trees 4,360 Trees

2.2 Invoices

The contractor must submit invoices to the Government POC to initiate payments.

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

3 POST-AWARD MEETING

An on-site post-award meeting must be held within 10 business days after contract award.

Government inspection procedures will be reviewed at that time. The Contractor will be notified by the Government POC of the meeting time.

4 GOVERNMENT POINT OF CONTACT

Government Point of Contact information will be given to awardee.

A Contracting Officer’s Representative (COR) will be appointed within 30 days of contract award.

5 HERBICIDE

5.1 Herbicide Plan

The Contractor shall submit a general written plan that addresses their recommended herbicides, application rates, timing, and spray methods proposed to achieve the contract goal of vegetation control at the management area, target pest and reason for choice 5 business days prior to start of work. Only herbicide formulations included on the Government list (Attachment 3) shall be used;

if the contractor wishes to use an alternative herbicide, a request must be made to the

Government POC no less than twenty (20) business days prior to anticipated application. The request will require submission for environmental review and the contractor should not assume approval will be granted. If appropriate, surfactants shall be added per label instructions to appropriate herbicide mixtures. All carriers and adjuvants must be non-toxic.

The herbicide plan shall detail the carriers, adjuvants and surfactants to be used. Also include application rates, where mixing will occur, and plans for environmental protection if mixing is to occur on government property. EPA product labels and material safety data sheets (MSDSs) for all proposed products (website links are acceptable) shall be submitted with the herbicide plan. A template herbicide plan will be provided to the awardee prior to the post-award meeting. The Government POC must receive submission of this plan a minimum of five (5) business days in advance of the desired application date. The request will be reviewed, considering as a minimum, for relative effectiveness and toxicity. The contractor shall also submit a tentative application schedule to the Government POC a minimum of five (5) business days prior to initiating any work on this contract.

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

Herbicides shall be applied to the project areas in accordance with the weed control goals stated above.

5.2 Licensing

The Contractor, all of their employees, any subcontractors or other individuals performing herbicide work under this contract shall possess a valid state commercial herbicide applicator's license with certification for Forestry Pest Control (Category 2) for the state of Minnesota, (or have completed requirements necessary for license reciprocity in Minnesota) and shall comply with all Federal, State, and local laws and regulations applicable to the contract work and to the products and materials used by the Contractor in performing that work. Contractors shall submit with their quote a list of anticipated pesticide applicators in their employ and a copy of the applicable credentials for each individual. Additional individuals may be added to this list after contract award upon receipt of their applicator’s credential. At least one individual must be in the employ of the Contractor upon submission of quote with the proper credentials; a quote that does not include documentation of a licensed applicator will not be considered a complete quote.

Department of Labor as well as state regulations regarding employment of youth shall be observed.

5.3 EPA Registration Label

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

5.4 Post-Application Documentation

The Contractor shall submit completed copies of the ‘Post-Application Documentation Form’ for each day’s herbicide work and for each herbicide used. A sample form is provided in Attachment 04 and may be reproduced. The Contractor may use his or her own form if it contains all information included on the Corps form. Scanned or digital copies of this form may be submitted electronically or hard copies may be mailed to the address of the government POC within five business days of each application or at the time of invoice submission, whichever is earlier. No payment will be made for services until post-application documentation has been supplied to the Government POC.

5.5 Herbicide Warranty

The Contractor shall exercise his/her professional judgment as to the application rate, time and extent of application of the herbicides.

The Government will spot check 5% of the treatment areas for Quality Assurance (QA). The Contractor warrants that should the desired results not be achieved, the Contractor will, at no additional cost to the Government, reapply the herbicide to those areas where targeted vegetative growth continues or recurs. The determination as to the acceptable performance of the Contractor and the need to reapply the herbicides will rest solely with the Contracting Officer or COR. If performance is determined to be unacceptable, the Government may require re-treatment of an area. If the Government determines that re-treatment will be required, written notice will be provided to the contractor by email. Treatments will be considered effective if 90% of stems in treatment area show evidence of the treatment prescribed for the area in section 1.2 above.

5.6 Site Restoration

The Contractor shall be responsible for restoring any area that does not satisfy the warranty requirements at no additional cost to the Government. Areas will be retreated within the time specified by the Contracting Officer’s or COR’s notice to the Contractor. The Contractor is responsible for damages to persons or property, including unreasonable or unnecessary damages to non-target vegetation, within and outside the treatment areas resulting from the performance of the contract work. Reseeding of non-target native vegetation damaged in this way may be necessary and will be at the Contractor’s expense. Excess and waste material shall be removed and properly disposed of off-site. Areas that have been damaged by spraying operations shall be restored to original condition at the Contractor’s expense.

5.7 Material Safety Data Sheets (MSDS)

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

6 ENVIRONMENTAL PROTECTION

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

Immediately following this initial response, the Contractor shall notify the local Fire Department, Contracting Officer, and appropriate local, state, and federal officials. This may include the National Response Center (1-800-424-8802) if a reportable quantity is released to the environment. The Minnesota Duty Officer should also be contacted and can be reached at 1-800- 422-0798. There is someone on duty at this number 24 hours a day.

Subsequent to these actions, the Contractor shall take actions to clean up the spill at no cost to the government. Should a personnel contamination occur, the Contractor shall take immediate actions as prescribed by chemical manufacturer so as to protect the safety and health of the contaminated individual(s).

7 SAFETY

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

http://www.usace.army.mil/Safety-and-Occupational-Health/ The entire Safety Manual is available for downloading or viewing on the Internet at:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf The Contracting Officer may require the completion of a detailed safety plan, as outlined in EM 385-1-1.

http://cdm16021.contentdm.oclc.org/cdm/ref/collection/p16021coll9/id/54

8 INSPECTIONS AND ACCEPTANCE

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

In accordance with the inspection of services provisions of the contract, clause 52.212-4(a) Inspection/Acceptance, the Contractor shall provide services in a timely manner. The Government may require the Contractor, at no additional cost, to replace or correct work that fails to meet contract requirements.

When unacceptable performance occurs, the Contracting Officer will inform the Contractor.

This will normally be in writing unless circumstances necessitate verbal communication.

When the Contracting Officer determines formal written communication is required, a Contract Discrepancy Report (CDR) will be given to the contractor.

The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the Contracting Officer.

The response statement shall identify causes for failure to perform, and identify ways to prevent future occurrences of the same performance failures. The Contracting Officer will assess the need for further action, based on past performance and written plan for future incident prevention.

Failure to perform required services in a timely manner may result in payment reduction. Any CDRs may become a part of the supporting documentation for contract payment deductions or other actions deemed necessary by the Contracting Officer.

9 LIABILITY OF AND DAMAGES TO THE GOVERNMENT

9.1 Insurance

The contractor will carry liability insurance that will cover the application of herbicides as defined in this specification. This coverage will include as a minimum drift, run-off, and pollution (sudden and accidental) for all contract operations. The amount of coverage this insurance will provide will not be less than $1,000,000 per incident. A Certificate of Insurance form signed by the insuring agency shall be provided to the contracting officer within 10 business days after contract award. The insurance must provide coverage for the entire contract period. The insurance policy shall state that it cannot be cancelled without 30 days written notice to the COE Contracting Officer. Failure to secure and maintain insurance may be grounds for termination during the performance period of this contract.

9.2 Government Liability

The Government assumes no liability from the Contractor's performance of the contract work.

The Contractor shall hold and save the Government harmless from any and all liability to others arising from the performance of the contract.

9.3 Responsibility for Damages

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

10 SUBMITTALS

10.1 To be submitted with the quote

1. Pricing schedule

2. Certified applicator list, with copies of certification credentials

10.2 To be submitted following award

1. Contractor’s work schedule

2. Certificate of Liability Insurance

3. Contractor safety plan

4. Herbicide plan with herbicide list and herbicide application schedule

5. Copy of Nursery invoice listing species (tree seedlings) purchased

6. Post-application herbicide reports

11 ATTACHMENTS

Attachment 1 - Hayshore Lake Vicinity Map Attachment 2 - Hayshore Lake Treatment Map Attachment 3 - COE Approved Herbicide List Attachment 4 - Post-Application Documentation Form

NOTES TO OFFERORS

NOTES TO OFFERORS

E-MAIL ALL QUESTIONS to Laura Nabity, Contract Specialist, at Laura.D.Nabity@USACE.Army.mil

This is a 100% Small Business Set-Aside solicitation. NAICS Code: 561730

Site Visit:

Contractors are encouraged to inspect/view the site(s) where the work will be performed before quoting.

An organized site visit will NOT be held. Individual on-your-own site visits are allowed. Access to the site is by boat and the Government will NOT accompany anyone or provide any type of transportation to the site.

All questions shall be directed to the contract specialist, Laura Nabity, in writing via email at laura.d.nabity@usace.army.mil.

ALL PRICING must be in whole penny amounts.

An offeror must provide a price on all items (CLINS) in this solicitation to be eligible for award.

As a Department of the Federal Government of the United States, the U.S. Army Corps of Engineers is a tax-exempt organization. Certificate of Exemption number is 62-1642124.

A completed SF 1449 must be sent or an acknowledgement of all terms and conditions of the solicitation on company letterhead along with the price schedule and Certified applicator list/certifications credentials.

**In order for the quote to be considered for award, a certified applicator list, with copies of the required valid certification credentials, must be received with the quote as required by Statement of Work, paragraph 5.2.

It is preferred that the quote is e-mailed to: Laura Nabity, Contract Specialist, Laura.D.Nabity@USACE.Army.mil

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

USACE – ST PAUL

CONTRACTING DIVISION

ATTN: Laura Nabity

180 5TH STREET EAST, SUITE 700

ST. PAUL, MN 55101-1678

OFFEROR SHALL BE REGISTERED IN SAM (System for Award Management) - https://www.sam.gov to include the FAR and DFARS Representation and Certification (Reps and Certs) section with the NAICS code applicable to the solicitation.

For assistance with SAM, contact information is below:

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

Minnesota PTAC (Procurement Technical Assistance Center) www.mnptac.org, calls 612-332-6332, or mnptac@mnptac.org

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2,180 Each Site Prep Spray - Unit 049N

FFP

Spot Spray Unit 049N - Site prep for tree seedlings at Hayshore Lake Restoration Area near Genoa, WI according to the Statement of Work (SOW). On-site preformance period October 1, 2017 - October 31, 2017.

FOB: Destination

MILSTRIP: W81G6772207942

PURCHASE REQUEST NUMBER: W81G6772207942

NET AMT

0002 4,142 Each Bareroot Seedling purchase

FFP

Bareroot Seedling purchase according to the Statement of Work (SOW). On-site preformance period October 1, 2017 - May 15, 2018.

FOB: Destination

0003 4,142 Each Plant Bareroot Seedlings - Unit 043N

FFP

Plant Bareroot Seedlings on Hayshore Lake Restoration Area in Unit 043N according to the Statement of Work (SOW). On-site preformance period October 1, 2017 - May 15, 2018.

FOB: Destination

0004 2,180 Each Bareroot Seedlings Purchase

FFP

Bareroot Seedlings purchase according to the Statement of Work (SOW). On-site preformance period March 15, 2018 - May 15, 2018.

FOB: Destination

0005 2,180 Each Plant Bareroot Seedlings - Unit 049N

FFP

Plant Bareroot Seedlings on Hayshore Lake Restoration Area in Unit 049N according to the Statement of Work (SOW). On-site preformance period March 15, 2018 - May 15, 2018.

FOB: Destination

1001 2,180 Each OPTION Unit 049N Spot re-Spray

FFP

Spot re-Spray Unit 049N around planted seedlings according to the Statement of Work (SOW). On-site preformance period June 1, 2019 - July 15, 2019.

FOB: Destination

1002 2,180 Each OPTION Site Prep Spray - Unit 049S

FFP

Spot Spray Unit 049S - Site prep for tree seedlings at Hayshore Lake Restoration Area near Genoa, WI according to the Statement of Work (SOW). On-site preformance period August 1, 2019 - September 30, 2019.

2001 6,322 Each OPTION Bareroot Seedlings Purchase

FFP

Bareroot Seedlings purchase according to the Statement of Work (SOW). On-site preformance period October 1, 2019 - October 31, 2019.

2002 6,322 Each OPTION Plant Bareroot Seedlings

FFP

Plant Bareroot Seedlings on Hayshore Lake Restoration Area Units 049S and 043S according to the Statement of Work (SOW). On-site preformance period October 1, 2019 - October 31, 2019.

2003 4,360 Each OPTION Unit 049 Spot Spray

FFP

Units 049N and 049S - Spot Spray around planted seedlings according to the Statement of Work (SOW). On-site preformance period June 1, 2020 - July 15, 2020.

3001 4,360 Each OPTION Unit 049 Spot re-Spray

FFP

Units 049N and 049S - Spot re-Spray around planted seedlings according to the Statement of Work (SOW). On-site preformance period June 1, 2021 - July 15, 2021.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government

3001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-OCT-2017 TO

30-SEP-2018

N/A N/A

0002 POP 01-OCT-2017 TO

30-SEP-2018

0003 POP 01-OCT-2017 TO

0004 POP 01-OCT-2017 TO

0005 POP 01-OCT-2017 TO

1001 POP 01-OCT-2018 TO

30-SEP-2019

1002 POP 01-OCT-2018 TO

30-SEP-2019

2001 POP 01-OCT-2019 TO

30-SEP-2020

2002 POP 01-OCT-2019 TO

2003 POP 01-OCT-2019 TO

3001 POP 01-OCT-2020 TO

30-SEP-2021

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

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

Hazardous Materials

SEP 2014

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

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

(a) Offers shall be evaluated in accordance with (IAW) FAR Part 13 - Simplified Acquisition Procedures of FAR 13.106-2. Offers will be evaluated using simplified acquisition procedures of FAR 13.106-2. The Government will award a contract resulting from this solicitation to the responsible contractor whose offer, conforming to the solicitation, will be most advantageous to the Government.

The following factors will be used to evaluate offers:

(i) Price

An offeror must provide a price for all items (CLINs) in this solicitation to be eligible for award. Partial quotations will not be accepted.

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

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

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—

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

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

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

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

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

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“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…