W912ES23Q0042.pdf

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W912ES23Q0042 15-Mar-2023

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SMALL BUSINESSX

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USACE, ST PAUL

332 MINNESOTA STREET

SUITE E1500

ST PAUL MN 55101-1323

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14. METHOD OF SOLICITATION

RFQ IFB RFPX

ENVIRONMENTAL SECTION

ANDY MEIER

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

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24.22.21.19.

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ITEM NO.

W912ES23Q0042

Section SF 1449 - CONTINUATION SHEET

SCOPE OF WORK

STATEMENT OF WORK / SPECIFICATIONS

Tree Planting and Competing Vegetation Control at Harper’s Slough Islands, Allamakee County, IA and McGregor Lake Restoration Areas, Crawford County, WI

1 BACKGROUND

The services needed are for tree planting and competing vegetation control around planted tree seedlings. The treatment areas total approximately 15.7 acres of US Fish and Wildlife Service (USFWS) owned land located within the Mississippi River floodplain west of Lynxville, WI and approximately 23 acres on USFWS owned land located between Prairie du Chien, WI and McGregor, IA. These treatment areas are part of a larger Upper Mississippi River Restoration Habitat Rehabilitation and Enhancement Project located within US Fish and Wildlife Service (FWS) Upper Mississippi River National Wildlife and Fish Refuge, McGregor District. Harper’s Slough Islands Restoration Area is accessible by boat only. The McGregor Restoration Area is accessible by primarily by boat with very limited walk-in access. Services needed include tree planting totaling 10,554 bareroot seedlings at Harper’s Slough and 15,622 bareroot seedlings at McGregor and follow-up chemical control competing vegetation around planted trees. Both project areas are newly built islands constructed at part of the Upper Mississippi River Restoration Program. More information regarding design and construction of these projects can be found at: https://www.mvr.usace.army.mil/Missions/Environmental-Stewardship/Upper- Mississippi-River-Restoration/Habitat-Restoration/Find-an-HREP-Project/.

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 Contract Line Items Schedule (CLIN) 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 two (2) one-year options to be exercised at the Government’s discretion.

SITE DESCRIPTION

Project Area and Access Vicinity and site-specific maps for both areas area included in Attachment 1.

Harper’s Slough The Harper’s Slough Islands Restoration Area is in Allamakee County, IA, approximately 1 mile west of Lynxville, WI and 1 mile west of mile marker 651 in the main channel of the Mississippi River. The approximate coordinates of the center of the project area are located at 91°05’00.16”W, 43°15’02.53”N.

Access to the site is by boat only via the Mississippi River. 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 Iowa. Summer river depths at the site may be low as 3 feet. The Lynxville Landing in Lynxville, WI off of Highway 35 provides the best access to the site. An additional ramp on the Iowa side includes Heytman’s Landing off of Highway X52 on Heytman Dr.

McGregor Lake The McGregor Lake HREP area is in Crawford County, WI, in the middle of the Mississippi River floodplain between Prairie Du Chien, WI and McGregor, IA. The approximate coordinates of the center of the project area are located at 91°09’50.4”W, 43°02’09.6”N.

Access for the project to the site is primarily by boat via the Mississippi River. There is a USFWS parking lot between McGregor and Prairie Du Chien on the North side of Highway 18.

However, a steep embankment on the south side of Highway 18 that is covered by large rocks prevents access with equipment and only allows for walk-in access. Summer river depths at the site are variable and the interior of McGregor Lake is shallow. The nearest boat ramps are the Campion boat ramp in Prairie Du Chien, WI or the Nauti Marina in McGregor, IA. The 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 Iowa.

Current Vegetation Harper’s Slough Islands M5, M2, and W2 were all bare soil in April 2022 and were seeded with a permanent seed mix cover crop in June, 2022 consisting of swamp milkweed (Asclepias incarnata), common milkweed (Asclepias syricaca), new England aster (Aster novaeanglieae), purple prairie clover (Dalea purpurea), black-eyed susan (Rudbeckia hurta), boneset (Eupatorium perfoliatum), blue vervain (Verbena hastata), sneezeweed (Helenium autumnale), swamp aster (Aster puniceus), false aster (Boltonia asteroids), annual rye (Lolium italicum), winter wheat (Triticum aestivum), little bluestem (Schizachyrium scoparium), joe-pye weed (Eupatorium maculatum).

McGregor Lake Final grading of Areas 1, 2, 3, is to be completed in spring of 2023 and seeded with a permanent seed mix consisting of swamp milkweed (Asclepias incarnata), common milkweed (Asclepias syricaca), new England aster (Aster novaeanglieae), purple prairie clover (Dalea purpurea), black-eyed susan (Rudbeckia hurta), boneset (Eupatorium perfoliatum), blue vervain (Verbena hastata), sneezeweed (Helenium autumnale), swamp aster (Aster puniceus), false aster (Boltonia asteroids), annual rye (Lolium italicum), winter wheat (Triticum aestivum), little bluestem (Schizachyrium scoparium), joe-pye weed (Eupatorium maculatum). All areas were bare soil in fall of 2022 and were seeded with a cover crop.

PRESCRIPTIONS

Prescriptions Harper’s Slough Tree supply and planting (CLINs 0001AA & 0001AB, 0002AA &0002 AB, 0003AA & 0003AB) The contractor must supply all trees for this planting, and all tree planting must occur between April 15 and May 31, 2023. Total seedling quantities by species required for each island are shown in the table below. Seedling size and source specifications are shown in the Tree Seedling Supply section.

For the islands (M5, M2, and W2) the contractor shall plant all seedlings spaced at 8x8’. Total tree quantities by island are shown in the table (table 1) below in the schedule of items summary in section 2.1.

Spot spraying (CLINs 0001AC, 0002AC, and 0003AC) Herbicide applications will be implemented in the growing season following planting to control competing vegetation. Between June 1 and June 30, 2023, all three islands (M5, M2, and W2) are to spot sprayed with a broad-spectrum herbicide to eliminate all herbaceous competition for the planted seedlings. Total spray quantities by island are shown in the schedule of items summary in section 2.1.

Each spot that will be sprayed must have a 2’ diameter ring sprayed around each planted seedling, and the planted seedling must be protected from herbicide drift. There will be a payment penalty if more than 2% of seedlings show signs of herbicide damage during quality assurance inspections. If more than 5% of seedlings show signs of herbicide damage, the contractor may be required to replant a number of trees up to a maximum of the total number of trees showing damage. The contractor should also take care, if possible, to avoid spraying natural tree regeneration, though not all injury can be avoided.

Table 1 2 Harpers Island M5 Total = 3,677 seedlings 5.4 acres 3 4 Sycamore (Platanus occidentalis) 5 920 6 Swamp white oak (Quercus bicolor) 7 919 8 Silver maple (Acer saccharinum) 9 919 10 River birch (Betula nigra) 11 919

12 Harpers Island M2 Total = 2,996 seedlings 4.4 acres 13 14 Sycamore (Platanus occidentalis) 15 749 16 Swamp white oak (Quercus bicolor) 17 749 18 Silver maple (Acer saccharinum) 19 749 20 River birch (Betula nigra) 21 749 22 Harpers Island W2 Total = 3,881 5.7 acres 23 24 Northern red oak (Quercus rubra) 25 776 26 Swamp white oak (Quercus bicolor) 27 776 28 Hackberry (Celtis occidentalis) 29 776 30 River birch (Betula nigra) 31 776 32 Sycamore (Platanus occidentalis) 33 776

McGregor Lake Tree supply and planting (CLINs 0004AA & 0004AB, 0005AA & 0005AB, 0006AA & 0006AB) The contractor must supply all trees for this planting, and all tree planting must occur between Oct 15, 2023, and May 31, 2024. All trees within the 330-foot bald eagle buffer in areas 1 and 2 (see Attachment 1) MUST be planted in fall of 2023; all remaining areas may be planted in fall of 2023 or spring of 2024. No activity will be allowed within the eagle buffers between January 1 and June 15. The contractor may submit a partial payment request for the number of tree seedlings planted fall of 2023 if only a portion of the trees will be planted in fall. Seedling size and source specifications are shown in the Tree Seedling Supply section. Total tree quantities by island are shown in the table (Table 2) below in the schedule of items summary in section 2.1.

For the areas (1, 2, and 3) the contractor shall plant all seedlings spaced at 8x8’.

Spot Spraying (CLINs 1004 & 2004, 1005 & 2005, 1006 & 2006) Herbicide applications will be implemented for two growing seasons following planting to control competing vegetation. Between June 1 and July 15, 2024; and June 1 and July 15, 2025, all three areas (1, 2, and 3) are to spot sprayed with a broad-spectrum herbicide to eliminate all herbaceous competition for the planted seedlings. However, within the eagle buffer areas, spraying may only occur after June 15. There shall be a total number of 15,622 spots to be sprayed.

Each spot that will be sprayed must have a 2’ diameter ring sprayed around each planted seedling, and the planted seedling must be protected from herbicide drift. There will be a payment penalty if more than 2% of seedlings show signs of herbicide damage during quality assurance inspections. If more than 5% of seedlings show signs of herbicide damage, the contractor may be required to replant a number of trees up to a maximum of the total number of trees showing damage. The contractor should also take care, if possible, to avoid spraying natural tree regeneration, though not all injury can be avoided.

Table 2

Species Quantity McGregor Area 1: 8.71 acres Total Seedlings: 5,932 River birch (Betula nigra) 847 Sycamore (Acer psuedoplatanas) 847 Hackberry (Celtis occidentalis) 847 Southern pin oak (Quercus palustris) 847 Swamp white oak (Quercus bicolor) 850 Bur oak (Quercus alba) 847 Northern red oak (Quercus rubra) 847

McGregor Area 1 Eagle Zone: 1.79 acres Total Seedlings: 1,219 River birch (Betula nigra) 174 Sycamore (Acer psuedoplatanas) 174 Hackberry (Celtis occidentalis) 174 Southern pin oak (Quercus palustris) 174 Swamp white oak (Quercus bicolor) 175 Bur oak (Quercus alba) 174 Northern red oak (Quercus rubra) 174 McGregor Area 2: 5.4 acres Total Seedlings: 3677 Sycamore (Acer psuedoplatanas) 919 Swamp white oak (Quercus bicolor) 919 River birch (Betula nigra) 919 Silver Maple (Acer saccharinum) 920 McGregor Area 2 Eagle Zone: .77 acres Total Seedlings: 525 Sycamore (Acer psuedoplatanas) 131 Swamp white oak (Quercus bicolor) 131 River birch (Betula nigra) 131 Silver Maple (Acer saccharinum) 132 McGregor Area 3: 6.3 acres Seedlings: 4,291 River birch (Betula nigra) 613 Sycamore (Acer psuedoplatanas) 613 Hackberry (Celtis occidentalis) 613 Southern pin oak (Quercus palustris) 613 Swamp white oak (Quercus bicolor) 613 Bur oak (Quercus alba) 613 Northern red oak (Quercus rubra) 613

Tree seedling supply, storage, handling, and planting

The contractor shall be responsible for purchasing all tree seedlings. Seedlings shall be of the sizes listed in the table (table 3) below for each. Large, vigorous root systems are important for hardwood seedlings and shall have well developed root systems. Seedlings may be root pruned at the time of planting down to a minimum of 12 inches, measured from the root collar. All seedlings shall be of native stock and no cultivars shall be planted.

Nurseries providing the seedlings should be located within a 250-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 one of the optimal or acceptable seed zones in the table blow. 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 up to a maximum increase of 25% of any of the replacement species. In the case of replacements, the Contractor must provide documentation from at least three native tree nurseries that seedlings were not available in the species or sizes designated in this contract. The contractor shall not otherwise substitute species or stock types.

All seedlings shall be handled and stored in an appropriate manner to minimize seedling stress prior to outplanting. The contractor shall include a one paragraph description of their cold storage facilities with their bid. Seedlings shall be kept in a cooler at 34-40 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 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 Contracting Officer’s Representative (COR) 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 COR 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.

Table 3

Quality assessment Tree seedling supply and planting Tree planting shall be considered acceptable if the following are true:

- 95% of Government sampled planted trees are taller than the minimum height in the tree seedling specification table

- 50% of seedlings have a root collar diameter of at least 3/8 inches

- 95% of Government sampled planted trees are within +/- 2 feet 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

- 95% of trees stay in the ground following the “tug test” (a light pull on the seedling does not dislodge it from the ground), with no roots or root collar visible at the soil surface Spot spraying Herbicide applications for both locations will be considered acceptable if the following are true:

- 95% of Government sampled spray area has complete kill of competing vegetation

- <2% of planted tree seedlings show evidence of herbicide damage

MEASUREMENT AND PAYMENT

Payment for this work will be based on the schedule below. The Contractor may submit invoice(s) for payment when each work CLIN listed below has been completed. Following the completion of each CLIN, the Contractor may submit an invoice for payment except for the tree seedling purchase. The tree seedling purchase invoice 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.

33.1 Quote - Schedule of Items Summary

Table 4 Actual

CLIN

Island/ Area

Service Begin/End Date Quanti ty Unit - Each

0001A

A Harpers

M5 Bareroot seedling purchase Apr. 15 - May 31, 2023 3,677 Trees

0001A B

Harpers M5

Bareroot seedling planting April 15 - May 31, 2023 3,677 Trees

0001A C

Harpers M5 Spot spray June 1 - July 15, 2023 3,677 Spots

0002A

A Harpers

M2 Bareroot seedling purchase Apr. 15 - May 31, 2023 2,996 Trees

0002A B

Harpers M2

Bareroot seedling planting April 15 - May 31, 2023 2,996 Trees

0002A C

Harpers M2 Spot spray June 1 - July 15, 2023 2,996 Spots

0003A

A Harpers

W2 Bareroot seedling purchase Apr. 15 - May 31, 2023 3,881 Trees

0003A B

Harpers W2

Bareroot seedling planting April 15 - May 31, 2023 3,881 Trees

0003A C

Harpers W2 Spot spray June 1 - July 15, 2023 3,881 Spots

0004AA

McGregor

Bareroot seedling purchase

Oct. 15, 2023 - May 31, 2024 7,151 Trees

0004A B

McGregor

Bareroot seedling planting

Oct. 15, 2023- May 31, 2024 7,151 Trees

1004 McGregor 1 Spot spray June 1 - July 15, 2024 7,151 Spots

2004 McGregor 1 Spot spray June 1 - July 15, 2025 7,151 Spots

0005A

A McGregor

Bareroot seedling purchase

Oct. 15, 2023 - May 31, 2024 4,202 Trees

0005A B

McGregor

Bareroot seedling planting

Oct. 15, 2023 - May 31, 2024 4,202 Trees

1005 McGregor 2 Spot spray June 1 - July 15, 2024 4,202 Spots

2005 McGregor 2 Spot spray June 1 - July 15, 2025 4,202 Spots

0006A

A McGregor

Bareroot seedling purchase

Oct. 15, 2023 - May 31, 2024 4,291 Trees

0006A B

McGregor

Bareroot seedling planting

Oct. 15, 2023 - May 31, 2024 4,291 Trees

1006 McGregor 3 Spot spray June 1 - July 15, 2024 4,291 Spots

2006 McGregor 3 Spot spray June 1 - July 15, 2025 4,291 Spots

33.2 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.

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.

34 GOVERNMENT POINT OF CONTACT

The Government POC will be provided at the time of contract award.

HERBICIDE

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.

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 either Forestry (Category 2.0) or Rights-of-Way & Natural Areas (Category 6.0) for Wisconsin AND for Forestry (Category 2) in Iowa (or have completed requirements necessary for license reciprocity in Wisconsin and/or Iowa) 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.

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.

34.1 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.

34.2 Herbicide Warranty

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

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 0 above.

34.3 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.

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

ENVIRONMENTAL PROTECTION

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

Immediately following this initial response, the Contractor shall notify the local Fire Department, Contracting Officer, and appropriate local, state, and federal officials. This may include the National Response Center (1-800-424-8802) and/or the Wisconsin Department of Agriculture, Trade and Consumer Protection (1-800-943-0003) for spills occurring in Wisconsin and/or the Iowa Department of Natural Resources, Environmental Service Division (515-725-8694) for spills occurring in Iowa. There is someone on duty at these number 24 hours a day.

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

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. The contractor will be required to submit an abbreviated safety plan that meets these requirements after contract award.

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.

35 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 must 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.

LIABILITY OF AND DAMAGES TO THE GOVERNMENT

35.1 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.

35.2 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 all liability to others arising from the performance of the contract.

35.3 Responsibility for Damages

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

36 SUBMITTALS

To be submitted with the quote

1. Pricing schedule

2. Cold storage narrative

3. Certified applicator list, with copies of certification credentials

To be submitted following award

1. Contractor work schedule

2. Abbreviated safety plan

3. Herbicide plan with herbicide application schedule

4. Copy of nursery invoice listing species (tree seedlings)

4. Post-application herbicide reports

ATTACHMENTS

Attachment 1 - Vicinity and Treatment Maps Attachment 2 - USFWS Approved Herbicide List Attachment 3 - Post-Application Documentation Form

NOTE TO QUOTERS

This section provides general guidance for preparing the quotation in response to this solicitation. The Quoter’s response to this solicitation must include all data and information requested herein in accordance with these instructions.

Price Proposal: This is the solicitation in its entirety. Quoter to complete the following:

Standard Form 1449 Solicitation/Contract/Order for Commercial Items - Complete Blocks 17, and 30a/b/c

Acknowledgement of Amendments – Complete only as necessary and provide signed copies of the Standard Form 30 Amendment of Solicitation/Modification of Contract with your quote.

Price Quote– All pricing (unit, total, subtotal, grand total, etc.) must be in whole penny amounts.

o Note: Freight and/or shipping & handling charges shall be included in the unit price. Please do not quote freight charges separately.

FAR Clause 52.212-3 Offeror Representations and Certifications – Commercial Items (Feb 2021) Alternate I (Oct 2014) – This provision is included by reference. Review paragraph (b)(2) “Annual Representations and Certifications” of the basic clause at https://www.acquisition.gov/, complete as necessary and return one copy with your quote.

Submitting Quotes – All transmittals shall be submitted electronically to Theodore.R.Hecht@usace.army.mil and be clearly marked in the subject line of the email with the solicitation number, W912ES23Q0042. Quotes must be received no later than the date and time stated in the solicitation. Quotes received after the deadline are Late and may not be considered for contract award.

Questions – All questions concerning the solicitation document shall be submitted via email to Theodore.R.Hecht@usace.army.mil. Answers to questions will be provided to all quoters being solicited though an amendment, giving due regard to the proper protection of proprietary information.

QUOTERS SHALL BE REGISTERED IN SAM (System for Award Management) https://www.sam.gov to include the FAR and DFARS Reps and Certs sections (refer to FAR Clause 52.204-13 “System for Award Management Maintenance”).

INSTRUCTIONS FOR 252.232-7003

Due to system limitations the clause 252.232-7003 has been added to the contract. As the St. Paul District of the Corps of Engineers does not use WAWF, and our financial management system does not allow for direct electronic submission of payment requests the terms of clause 252.232-7003 do not apply to this contract. The vendor shall submit invoices via email to Andrew.R.Meier@usace.army.mil or by paper copy to:

US Army Corps of Engineers ATTN: Andrew Meier 1114 S Oak St LA Crescent, MN 55947-1560

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Harper’s Slough

FFP

The Harper’s Slough Islands Restoration Area is in Allamakee County, IA, approximately 1 mile west of Lynxville, WI and 1 mile west of mile marker 651 in the main channel of the Mississippi River. The approximate coordinates of the center of the project area are located at 91°05’00.16”W, 43°15’02.53”N.

NET AMT

0001AA 3,667 Each Harpers Island M5 purchase seedlings

FFP

Harpers Island M5 Bareroot seedling purchase, list of trees can be found in Table 1.

FOB: Destination

PSC CD: F099

0001AB 3,667 Each Harpers Island M5 planting

FFP

Harpers M5 Bareroot seedling planting, list of trees can be found in Table 1.

0001AC 3,667 Each Harpers Island M5 Spot spray

FFP

Harpers Island M5 Spot spray. Each spot that will be sprayed must have a 2’ diameter ring sprayed around each planted seedling, and the planted seedling must be protected from herbicide drift.

Harper’s Slough

FFP

The Harper’s Slough Islands Restoration Area is in Allamakee County, IA, approximately 1 mile west of Lynxville, WI and 1 mile west of mile marker 651 in

0002AA 2,996 Each Harpers Island M2 purchase seedlings

FFP

Harpers Island M2 Bareroot seedling purchase, list of trees can be found in Table 1.

0002AB 2,996 Each Harpers Island M2 planting

FFP

Harpers M2 Bareroot seedling planting, list of trees can be found in Table 1.

0002AC 2,996 Each Harpers Island M2 Spot spray

FFP

Harpers Island M2 Spot spray. Each spot that will be sprayed must have a 2’ diameter ring sprayed around each planted seedling, and the planted seedling must be protected from herbicide drift.

Harper’s Slough

FFP

The Harper’s Slough Islands Restoration Area is in Allamakee County, IA, approximately 1 mile west of Lynxville, WI and 1 mile west of mile marker 651 in

0003AA 3,881 Each Harpers Island W2 purchase seedlings

FFP

Harpers Island W2 Bareroot seedling purchase, list of trees can be found in Table 1.

0003AB 3,881 Each Harpers Island W2 planting

FFP

Harpers W2 Bareroot seedling planting, list of trees can be found in Table 1.

0003AC 3,881 Each Harpers Island W2 Spot spray

FFP

Harpers Island W2 Spot spray. Each spot that will be sprayed must have a 2’ diameter ring sprayed around each planted seedling, and the planted seedling must be protected from herbicide drift.

McGregor Lake

FFP

The McGregor Lake HREP area is in Crawford County, WI, in the middle of the Mississippi River floodplain between Prairie Du Chien, WI and McGregor, IA.

The approximate coordinates of the center of the project area are located at 91°09’50.4”W, 43°02’09.6”N.

0004AA 7,150 Each McGregor lake Area 1 purchase seedlings

FFP

McGregor lake Area 1 Bareroot seedling purchase, list of trees can be found in Table 2.

0004AB 7,150 Each McGregor lake Area 1 Planting

FFP

McGregor lake Area 1 Bareroot seedling planting, list of trees can be found in Table 1.

McGregor Lake

FFP

The McGregor Lake HREP area is in Crawford County, WI, in the middle of the Mississippi River floodplain between Prairie Du Chien, WI and McGregor, IA.

0005AA 4,202 Each McGregor lake Area 2 purchase seedlings

FFP

McGregor lake Area 2 Bareroot seedling purchase, list of trees can be found in Table 2.

0005AB 4,202 Each McGregor lake Area 2 Planting

FFP

McGregor lake Area 2 Bareroot seedling planting, list of trees can be found in Table 1.

McGregor Lake

FFP

The McGregor Lake HREP area is in Crawford County, WI, in the middle of the Mississippi River floodplain between Prairie Du Chien, WI and McGregor, IA.

0006AA 4,291 Each McGregor lake Area 3 purchase seedlings

FFP

McGregor lake Area 3 Bareroot seedling purchase, list of trees can be found in Table 2.

0006AB 7,150 Each McGregor lake Area 3 Planting

FFP

McGregor lake Area 3 Bareroot seedling planting, list of trees can be found in Table 1.

1004 7,151 Each OPTION McGregor lake 1 Spot spray

FFP

June 1 - July 15, 2024

1005 4,291 Each OPTION McGregor lake 2 Spot spray

FFP

June 1 - July 15, 2024

1006 4,202 Each OPTION McGregor lake 3 Spot spray

FFP

June 1 - July 15, 2024

2004 7,151 Each OPTION McGregor lake 1 Spot spray

FFP

June 1 - July 15, 2025

2005 4,291 Each OPTION McGregor lake 2 Spot spray

FFP

June 1 - July 15, 2025

2006 4,202 Each OPTION McGregor lake 3 Spot spray

FFP

June 1 - July 15, 2025

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A N/A

0001AA N/A N/A ENVIRONMENTAL SECTION

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

Government

0001AB N/A N/A ENVIRONMENTAL SECTION

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

Government

0001AC N/A N/A ENVIRONMENTAL SECTION

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

Government

0002 N/A N/A N/A N/A

0002AA N/A N/A ENVIRONMENTAL SECTION

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

Government

0002AB N/A N/A ENVIRONMENTAL SECTION

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

Government

0002AC N/A N/A ENVIRONMENTAL SECTION

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

Government

0003 N/A N/A N/A N/A

0003AA N/A N/A ENVIRONMENTAL SECTION

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

Government

0003AB N/A N/A ENVIRONMENTAL SECTION

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

Government

0003AC N/A N/A ENVIRONMENTAL SECTION

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

Government

0004 N/A N/A N/A N/A

0004AA N/A N/A ENVIRONMENTAL SECTION

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

Government

0004AB N/A N/A ENVIRONMENTAL SECTION

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

Government

0005 N/A N/A N/A N/A

0005AA N/A N/A ENVIRONMENTAL SECTION

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

Government

0005AB N/A N/A ENVIRONMENTAL SECTION

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

Government

0006 N/A N/A N/A N/A

0006AA N/A N/A ENVIRONMENTAL SECTION

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

Government

0006AB N/A N/A ENVIRONMENTAL SECTION

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

1004 N/A N/A ENVIRONMENTAL SECTION

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

Government

1005 N/A N/A ENVIRONMENTAL SECTION

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

Government

1006 N/A N/A ENVIRONMENTAL SECTION

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

Government

2004 N/A N/A ENVIRONMENTAL SECTION

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

Government

2005 N/A N/A ENVIRONMENTAL SECTION

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

Government

2006 N/A N/A ENVIRONMENTAL SECTION

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0001AA POP 15-APR-2023 TO

31-MAY-2023

N/A ENVIRONMENTAL SECTION

ANDY MEIER

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

6512905899

965702

0001AB POP 15-APR-2023 TO

31-MAY-2023

N/A (SAME AS PREVIOUS LOCATION)

0001AC POP 01-JUN-2023 TO

15-JUL-2023

N/A (SAME AS PREVIOUS LOCATION)

0002 N/A N/A N/A N/A

0002AA POP 15-APR-2023 TO

31-MAY-2023

N/A ENVIRONMENTAL SECTION

ANDY MEIER

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

6512905899

0002AB POP 15-APR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0002AC POP 01-JUN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 N/A N/A N/A N/A

0003AA POP 15-APR-2023 TO

31-MAY-2023

N/A ENVIRONMENTAL SECTION

ANDY MEIER

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

6512905899

0003AB POP 15-APR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0003AC POP 01-JUN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 N/A N/A N/A N/A

0004AA POP 15-OCT-2023 TO

31-MAY-2024

N/A ENVIRONMENTAL SECTION

ANDY MEIER

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

6512905899

0004AB POP 15-OCT-2023 TO

31-MAY-2024

N/A (SAME AS PREVIOUS LOCATION)

0005 N/A N/A N/A N/A

0005AA POP 15-OCT-2023 TO

N/A ENVIRONMENTAL SECTION

ANDY MEIER

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

6512905899

0005AB POP 15-OCT-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 N/A N/A N/A N/A

0006AA POP 15-OCT-2023 TO

31-MAY-2024

N/A ENVIRONMENTAL SECTION

ANDY MEIER

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

6512905899

0006AB POP 15-OCT-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-JUN-2024 TO

15-JUL-2024

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 01-JUN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 01-JUN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-JUN-2025 TO

15-JUL-2025

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 01-JUN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 01-JUN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

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

NOV 2021

52.212-3 Offeror Representations and Certifications--Commercial Products and Commercial Services

DEC 2022

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

DEC 2022

52.217-5 Evaluation Of Options JUL 1990 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

OCT 2022

52.222-41 Service Contract Labor Standards AUG 2018 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.243-1 Changes--Fixed Price AUG 1987 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

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

JAN 2023

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

MAY 2021

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.225-7974 (Dev) Representation Regarding Business Operations with the

Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

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

Prohibition on Fees and Consideration

JAN 2023

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting…