Solicitation_W912ES-17-T-0124__Goose_Island__Woody_Invasives_Vegetation_Control_.pdf

SEE ADDENDUM

(No Collect Calls)

W912ES17T0124 24-Aug-2017

b. TELEPHONE NUMBER

651-290-5406

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 08 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

W81G6772207943

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

USACE - ST PAUL

180 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

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

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 OF56

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912ES17T0124

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK (SOW)

STATEMENT OF WORK

Woody Invasive Plant Control on Goose Island along the Mississippi River near Stoddard, WI

1 BACKGROUND

This statement of work describes a woody invasive (primarily glossy buckthorn, Frangula alnus) mechanical and chemical treatment and control project on four treatment areas totaling approximately 90.1 acres on US Army Corps of Engineers (COE) owned land north of Stoddard in Vernon and La Crosse Counties, WI. Services to be rendered include initial mechanical (with the option of prescribed grazing) and follow-up chemical control of established woody invasive plants and one to two follow-up treatments in each of the four treatment areas.

The work to be performed under this contract consists of the contractor furnishing all 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

The Goose Island project area (Attachment 1) is a large island complex just north of Stoddard, WI and south of La Crosse, WI. It encompasses Parts of Sec. 3, 4, 5, and 9, T14N R7W, Vernon County, WI and parts of Sec. 27, 28, 32-34, T15N R7W, La Crosse County, WI. Goose Island is accessed by taking WI35 approximately 6.8 miles north from Stoddard or 7.6 miles south of La Crosse, then turning west on County Rd GI onto Goose Island, traveling another 1.75 miles to the 4-way intersection within Goose Island County Park, then turning south and travelling about l mile to the general area of the treatments. Coordinates at the approximate center of the project area are 91°13'54.447"W, 43°43'18.028"N.

Vicinity and site specific maps are attached. Access to the site is by road.

1.1.1 General Conditions

The entire project area is currently forested with mixed forest cover. Higher elevation areas in the western and northern portion of the project area have high densities of oaks, including black, northern pin, northern red and swamp white. Silver maple and river birch are widely mixed in with the oaks, with river birch and silver maple becoming the dominant species in the lower elevation eastern and southern portions of the treatment area. County Road GI roughly bisects the project area from north to south.

Buckthorn densities are highly variable throughout the area. The densest pockets of buckthorn are in the north-central and south-western portions of the project area. The north-western section has only sporadically distributed stems. Treatment areas (section 1.2 below) were defined based on surveys of buckthorn densities.

All of the areas requiring treatments in this contract are in zones that flood periodically.

Treatments shall not be conducted in areas with standing water present, and some treatments will require frozen ground. Determination of whether the soil is sufficiently frozen or dry remains solely at the discretion of the Government and the Government reserves the right to limit or halt activities if it is determined that soil conditions are not satisfactory. Herbicides used in the fulfillment of this contract must be approved for use in wetland areas.

1.2 PRESCRIPTIONS

1.2.1 Prescriptions

1.2.1.1 Target species for woody plant control

The following species should be controlled wherever encountered in the prescription area.

Species are listed in order by prevalence and priority:

Common name Scientific name Prevalence glossy buckthorn Frangula alnus Widespread common buckthorn Rhamnus cathartica Scattered bush honeysuckles Lonicera spp. Scattered Japanese barberry Berberis thunbergii Scattered individuals Black locust Robinia pseudoacacia Scattered in pockets

1.2.1.2 Treatment Specifications

The list of treatments described below will be implemented across all areas in this contract.

Specific limitations to the individual treatments in the 4 areas that make up this contract will be described in section 1.2.2: Treatment Units.

1.2.1.3 Initial Treatment

Mechanical (including prescribed grazing) and/or chemical control of all woody invasives listed in the target species table shown above in 1.2.1.1. Tracked or wheeled equipment may be used in all areas but soil must be sufficiently frozen to prevent any soil disturbance if such equipment is used. Gas powered brush saws or other similar hand equipment may be used in all areas at any time within the contract’s treatment period (on-site performance period).

All stems >3 feet tall must be cut. In areas 1, 2 and 3 stumps may be treated at the time of cutting or left untreated to be controlled in follow-up treatments of resprouts. No follow-up treatment is prescribed for Area 4 so any cut stems must be treated at the time of cutting to prevent resprouting. Any stems <3 feet tall may be treated instead with a foliar or basal bark application.

The contractor shall not submit an invoice for payment until the initial treatment has been completed on the entire area (item /CLIN).

1.2.1.4 Follow-up 1 and Follow-up 2

Follow-up 1 and follow-up 2 treatments will consist of foliar and/or basal spraying of resprouts of all woody invasives listed in the target species Table in 1.2.1.1. All areas will receive follow-up treatments with the exception of Area 4 in which it is assumed that the initial treatment will effectively control the scattered buckthorn stems. If foliar sprays are used, they must be implemented while buckthorn leaves are green and photosynthesizing. The preferred period for application is following leaf drop of native species in late fall. Follow-up 1 treatments will be implemented a minimum of 1 full growing season following initial treatment and follow-up 2 treatments will occur in the growing season following the follow-up 1 treatment.

1.2.2 Treatment Units

Area Acreage Treatment years Buckthorn density1

1 18.6 2017-2020 Dominated by large stems at moderate densities.

2 2.9 2017-2020 Dominated by large stems at high densities 3 14.6 2018-2021 Dominated by small stems at high densities 4 54.1 2018 Scattered buckthorn stems.

1Densities are generalized estimates. The contractor is responsible for determining treatment costs based on their own observations of densities and site conditions.

1.2.3 Treatment Schedule

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

Begin and End Dates for each treatment area are provided in the Schedule of Items, table 2.1 shown below. No treatments may begin prior to the Begin Date and all treatments must be completed by the End Date for each given area. The contractor may work anytime between those dates, given that site conditions are appropriate and the Government has given approval to proceed. In addition, within 20 business days of contract award, the contractor shall submit to the Government a tentative work schedule for the contract period. The Contractor’s submitted work schedule is not binding and may be updated as needed; it is intended to allow the Government to prepare and plan around the contractor’s work schedule. The Contractor’s tentative work schedule shall in no way supersede the Begin and End Dates provided in this contract.

2 MEASUREMENT AND PAYMENT

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

Quotes should be based on the estimated acreage listed below. 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 Contract Line Items (CLINS) and only for the total quantity shown below. Invoices shall not be submitted for incomplete or partially completed work.

2.1 Schedule of Items

ITEM

(CLIN)

On-Site Performance Period Begin and End Date

Location Service Quantity Unit

0001 Nov. 1, 2017 - Mar. 31, 2018 Area 1 Initial treatment 18.6 Acres

0002 Nov. 1, 2017 - Mar. 31, 2018 Area 2 Initial treatment 2.9 Acres

1001 Nov. 1, 2018 - Mar. 31, 2019 Area 3 Initial treatment 14.6 Acres

1002 Nov. 1, 2018 – Aug. 31, 2019 Area 4 Initial treatment 54.1 Acres

1003 Jul. 15, 2019 - Sept. 14, 2019 Area 1 Follow-up 1 18.6 Acres

1004 Jul. 15, 2019 -Sept. 14, 2019 Area 2 Follow-up 1 2.9 Acres

2001 Jul. 15, 2020 - Sept. 14, 2020 Area 3 Follow-up 1 14.6 Acres

2002 Jul. 15, 2020 - Sept. 14, 2020 Area 1 Follow-up 2 18.6 Acres

2003 Jul. 15, 2020 - Sept. 14, 2020 Area 2 Follow-up 2 2.9 Acres

3001 Jul. 15, 2021 - Sept. 14, 2021 Area 3 Follow-up 2 14.6 Acres

2.2 Invoices

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

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

3 POST-AWARD MEETING

An on-site post-award meeting must be scheduled within 10 business days after contract award;

though the meeting itself does not need to be held within this 10 day period. Government inspection procedures will be reviewed as part of this meeting. 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 assigned 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 in the Government list (Attachment 2) and approved for use in wetlands shall be used; if the contractor wishes to use an alternative herbicide, a request must be made to the Government POC or COR 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 that approval will be granted. If appropriate, surfactants shall be added per label instructions to appropriate herbicide mixtures. All carriers and adjuvants must be non-toxic.

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

The 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 contracting officer 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. The Contractor shall take particular care to not exceed per acre limits according to the product label for basal bark applications.

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 (Category 2) for Wisconsin, (or have completed requirements necessary for license reciprocity in Wisconsin) 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. A 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 03 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 working days of each application or at the time of invoice submission, whichever is earlier. No payment will be made for services until post-application documentation has been supplied to the 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 Government POC’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 appropriate state official is the Department of Public Safety Duty Officer. The Wisconsin Duty Officer can be reached at 1-800-943-0003. There is someone on duty at this number 24 hours a day.

Subsequent to these actions, the Contractor shall take actions to clean up the spill as recommended and 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 contractor may be required to complete and submit a detailed safety plan as part of this contract and as outlined in EM 385-1-1.

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 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 after contract award

1. Contractor’s work schedule

2. Certificate of Liability Insurance

3. Contractor’s safety plan

4. Herbicide plan with herbicide list and herbicide application schedule

5. Post-application herbicide reports

11 ATTACHMENTS

Attachment 1 - Goose Island Vicinity and Prescription Map Attachment 2 - COE Approved Herbicide List Attachment 3 - 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. 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 18.60 Acre Initial Treatment - Area 1

FFP

Initial Treatment - Area 1 Woody Invasive Plant control on Goose Island according to the Statement of Work (SOW). On-site performance period is November 1, 2017 - March 31, 2018.

FOB: Destination

MILSTRIP: W81G6772207943

PURCHASE REQUEST NUMBER: W81G6772207943

NET AMT

0002 2.90 Acre Initial Treatment - Area 2

FFP

Initial Treatment - Area 2 Woody Invasive Plant control on Goose Island according to the Statement of Work (SOW). On-site performance period is November 1, 2017 - March 31, 2018.

FOB: Destination

1001 14.60 Acre OPTION Initial Treatment - Area 3

FFP

Initial Treatment - Area 3 Woody Invasive Plant control on Goose Island according to the Statement of Work (SOW). On-site performance period is November 1, 2018 - March 31, 2019.

1002 54.10 Acre OPTION Initial Treatment - Area 4

FFP

Initial Treatment - Area 4 Woody Invasive Plant control on Goose Island according to the Statement of Work (SOW). On-site performance period is November 1, 2018 - August 31, 2019.

1003 18.60 Acre OPTION Follow-up Treatment 1 - Area 1

FFP

Follow-up Treatment 1 - Area 1 Woody Invasive Plant control on Goose Island according to the Statement of Work (SOW). On-site performance period is July 15, 2019 - September 14, 2019.

1004 2.90 Acre OPTION Follow-up Treatment 1 - Area 2

FFP

Follow-up Treatment 1 - Area 2 Woody Invasive Plant control on Goose Island according to the Statement of Work (SOW). On-site performance period is July 15, 2019 - September 14, 2019.

2001 14.60 Acre OPTION Follow-up Treatment 1 - Area 3

FFP

Follow-up Treatment 1- Area 3 Woody Invasive Plant control on Goose Island according to the Statement of Work (SOW). On-site performance period is July 15, 2020 - September 14, 2020.

2002 18.60 Acre OPTION Follow-up Treatment 2 - Area 1

FFP

Follow-up Treatment 2 - Area 1 Woody Invasive Plant control on Goose Island according to the Statement of Work (SOW). On-site performance period is July 15, 2020 - September 14, 2020.

2003 2.90 Acre OPTION Follow-up Treatment 2 - Area 2

FFP

Follow-up Treatment 2 - Area 2 Woody Invasive Plant control on Goose Island according to the Statement of Work (SOW). On-site performance period is July 15, 2020 - September 14, 2020.

3001 14.60 Acre OPTION Follow-up Treatment 2 - Area 3

FFP

Follow-up Treatment 2 - Area 3 Woody Invasive Plant control on Goose Island according to the Statement of Work (SOW). On-site performance period is July 15, 2021 - September 14, 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 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 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

1001 POP 01-OCT-2018 TO

30-SEP-2019

1002 POP 01-OCT-2018 TO

1003 POP 01-OCT-2018 TO

1004 POP 01-OCT-2018 TO

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 52.223-2 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

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 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 under Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

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

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

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” 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.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov.