W912ES23Q0082 Tree Planting McGregor Lake Restoration 31Aug23.pdf

SEE ADDENDUM

(No Collect Calls)

W912ES23Q0082 31-Aug-2023

b. TELEPHONE NUMBER

651-290-5409

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 14 Sep 2023

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 X 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

TONI W WASGATT

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

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

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

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 BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

USACE, ST PAUL

332 MINNESOTA STREET

SUITE E1500

ST PAUL MN 55101-1323

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 966323 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

CONTRACTING DIVISION

KEVIN HENRICKS

USACE, ST. PAUL

332 MINNESOTA STREET

SUITE E1500

ST PAUL MN 55101-1323

TEL: 651-290-5414 FAX:

FAX:

TEL: 651-290-5414 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$9,500,000

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

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PAGE 2 OF78

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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REPRESENTATIVE

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REPRESENTATIVE

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

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42b. RECEIVED AT (Location)

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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.

W912ES23Q0082

Section SF 1449 - CONTINUATION SHEET

SCOPE OF WORK

SCOPE OF WORK / SPECIFICATIONS

Tree Planting and Competing Vegetation Control at the McGregor Lake Restoration Areas, Crawford County, WI

1. BACKGROUND

The U.S. Army Corps of Engineers, St. Paul District has a services requirement for tree planting and competing vegetation control around planted tree seedlings. The treatment areas total approximately 23 acres on U.S. Fish and Wildlife Service 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 U.S. FWS Upper Mississippi River National Wildlife and Fish Refuge, McGregor District. The McGregor Restoration Area is accessible by primarily by boat with very limited walk-in access. Services needed include tree planting totaling 15,644 bareroot seedlings at McGregor Lake and follow-up chemical control competing vegetation around planted trees. Both project areas are newly built islands constructed as 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 in strict accordance with this Statement of Work (SOW) and attachments herein or as amended. All work materials and services not expressly called for in the SOW 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 one (1) one-year option 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.

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 State licensed.

Current Vegetation

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

McGregor Lake Tree supply and planting (CLINs 0001AA & 0001AB, 0002AA & 0002AB, 0003AA & 0003AB) The contractor must supply all trees for this planting, and all tree planting must occur between November 2, 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 below in the schedule of items summary in section 2.1.

For all areas the contractor shall plant all seedlings spaced at 8x8’.

Species Quantity Species Quantity

McGregor Area 1:

8.71 acres Total Seedlings: 5,932

McGregor Area 1 Eagle Zone: 1.79 acres Total Seedlings: 1,219

River birch (Betula nigra)

Sycamore (Platanus occidentalis)

Sycamore

Hackberry (Celtis occidentalis)

Hackberry (Celtis occidentalis)

Southern pin oak (Quercus palustris)

Southern pin oak (Quercus palustris)

Swamp white oak (Quercus bicolor)

Swamp white oak

Bur oak (Quercus alba)

Bur oak (Quercus alba)

Northern red oak (Quercus rubra)

Northern red oak

McGregor Area 2: 5.4 acres Total Seedlings: 3677

McGregor Area 2 Eagle Zone: .77 acres Total Seedlings: 525

Swamp white oak

Swamp white oak

River birch

Silver Maple (Acer saccharinum)

Silver Maple (Acer saccharinum)

McGregor Area 3:

6.3 acres Seedlings: 4,291

Sycamore (Platanus occidentalis)

Hackberry (Celtis occidentalis)

Southern pin oak (Quercus palustris)

Swamp white oak (Quercus bicolor)

Bur oak (Quercus alba)

Northern red oak

Spot Spraying (CLINs 1001 & 2001, 1002 & 2002, 1003 & 2003)

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 15,644 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. Payment will only be made for proper herbicide application and healthy seedlings. If more than 2% of seedlings show signs of herbicide damage during quality assurance inspections payment for spraying will be reduced accordingly. For example if 8% of the trees show signs of herbicide damage, payment will be reduced by 6% (8% damaged – 2% permissible overspray) for that sport spray line item.

If more than 5% of seedlings show signs of herbicide damage, the contractor may be required, at their own cost, to replant a number of trees up to a maximum of the total number of trees showing herbicide damage. The Contractor should avoid spraying natural tree regeneration to the best of its abilities.

Tree seedling supply, storage, handling, and planting

The Contractor shall be responsible for purchasing all tree seedlings and shall submit final copies of nursery invoices to the Government prior to planting seedlings to verify the purchase of appropriate seedlings. Seedlings shall be of the sizes listed in the table 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 (1) of the optimal or acceptable seed zones in the table below. The Government reserves the right to refuse seedlings not meeting the standards described 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 to the Contracting Officer from at least three (3) 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 provide a one paragraph description of their intended cold storage plan no later than seven (7) days after contract award. Plan will be reviewed by Corps personnel for approval. Corps approval of the plan does not alleviate the contractor’s responsibility to properly store and maintain seedlings at all times prior to planting in the ground.

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 (2) 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 Contracting Officer may also suspend planting work at any time if it is determined that the Contractor is not handling plants or planting in accordance with the scope of work.

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

Quality assessment

Tree 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 Contract Line Item Number (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.

As the Corps’ financial system does not accept electronic invoices and the Corps does not use WAWF permission is granted, in accordance with contract clause 252.232-7003, to submit invoices via email.

1.1 Quote - Schedule of Items Summary

CLIN Area Service Estimated Begin/End

Date Qty

Unit - Each

0001AA

Area 1 Bareroot seedling purchase

Nov 1, 2023 - May 31, 2024 7,151 Trees

0001AB Area 1 Bareroot seedling planting Nov 1, 2023- May 31, 2024 7,151 Trees

1001 Area 1 Spot spray – Base Year June 1, 2024 – July 15, 2024 7,151 Spots

2001 Area 1 Spot spray – Option Year June 1 2024 – July 15, 2025 7,151 Spots

0002AA Area 2 Bareroot seedling purchase Nov 1, 2023 – May 31, 2024 4,202 Trees

0002AB Area 2 Bareroot seedling planting Nov 1, 2023 – May 31, 2024 4,202 Trees

1002 Area 2 Spot spray – Base Year June 1, 2024 – July 15, 2024 4,202 Spots

2002 Area 2 Spot spray – Option Year

July 15, 2025 4,202 Spots

0003AA Area 3 Bareroot seedling purchase Nov 1, 2023 – May 31, 2024 4,291 Trees

0003AB Area 3 Bareroot seedling planting Nov 1, 2023 – May 31, 2024 4,291 Trees

1003 Area 3 Spot spray – Base Year June 1, 2024 – July 15, 2024 4,291 Spots

2003 Area 3 Spot spray – Option Year

July 15, 2025 4,291 Spots

1.2 Invoices

The contractor must submit invoices to the Contracting Officer’s Representative (COR) to initiate payments.

Al l invoices shall be sent via e-mail or mail to the 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.

POST-AWARD MEETING

A post-award meeting must be scheduled subsequent to the contract being awarded. Government inspection procedures will be reviewed at that time. The Contractor will be notified by the COR of the meeting time.

2. GOVERNMENT CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The COR contact information 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 no later than five (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 Contracting Officer no less than 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 COR 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 COR 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 COR at least 2 business days in advance 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 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 or the employ of a subcontractor 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 (1) 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.

2.1 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 COR within five (5) 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 COR.

2.2 Herbicide Warranty

The Contractor shall exercise his/her professional judgment as to the application rate, time, and extent of application of the herbicides. The 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. 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 Error! Reference source not found. above.

2.3 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 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.

3.0 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. 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 required by Wisconsin state and federal laws 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).

4.0 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 Contractor employees and Government workers. The Contractor must 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.

5.0 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.

6.0 LIABILITY OF AND DAMAGES TO THE GOVERNMENT

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.

6.1 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.

6.2 Responsibility for Damages

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

7.0 SUBMITTALS

To be submitted with the quote

1. Pricing schedule

2. Certified applicator list, with copies of certification credentials

To be submitted following award

1. Contractor work schedule

2. Cold storage narrative

3. Abbreviated safety plan

4. Herbicide plan with herbicide application schedule

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

6. Post-application herbicide reports

ATTACHMENTS

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

INSTRUCTIONS TO QUOTERS

This section is general guidance for preparing the quotation in response to this solicitation. This solicitation is a Request for Quote (RFQ), which should result in one (1) firm fixed price contract. The Quoter’s response to this solicitation must include all data and information requested herein and in accordance with the following instructions:

1. Price Quote.

Standard Form 1449 Solicitation/Contract/Order for Commercial Items.

Complete Blocks 17 and 30a-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. Failure to acknowledge amendments may result in the quote’s removal from consideration for contract award.

Price Quote.

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

Note: Freight and/or shipping & handling charges shll be included in the unit price. Do not quote freight charges separately.

2. Quote must include documentation of Licensed Pesticide Applicators and applicable credentials of each individual in accordance with the Scope of Work herein or as amended.

3. Questions.

All questions regarding this solicitaiton shall be submitted via email to toni.w.wasgatt@usace.army.mil and jesse.l.onkka@usace.army.mil.

Responses to interested quoter questions will be published in amendments to this solicitatin at https://SAM.gov. Interested firms are responsible for monitoring https://SAM.gov for any amendments to this soliciation.

4. Submitting Quotes.

All transmittals shall be submitted electronically to toni.w.wasgatt@usace.army.mil and jesse.l.onkka@usace.army.mil. Transmittals shall contain the solicitation number W912ES23Q0082 in the subject line.

Quotes must be received no later than the date and time stated in Block 8 of the Standard Form 1449.

Quotes received after the deadline will be late and may not be considered for contract award.

5. Quoter shall be registered in the System for Award Management (SAM), https://SAM.gov to include the FAR and DFARS Representations and Certifciations section, with the NAICS Code 561730.

For assistance with SAM, please contact:

SAM Service Desk Website https://www.fsd.gov U.S. Calls 1-866-606-8220 Hours of Operation Monday-Firday 8am to 8pm ET

6. As a component of the U.S. Government, the U.S. Army Corps of Engineers is exempt from Federal, State, and Local Taxes, including sales taxes. Do not include sales tax(es) in quoted price.

7. System limitations require that DFARS Clause 252.232-7003 must be added to this solicitation. However, the U.S. Army Corps of Engineers, St. Paul District does not use Wide Area Workflow (WAWF), and our financial management system does not allow for direct electronic submission of payment requests. Therefore, the terms of DFARS Clause 252.232-7003 will not apply to this solicitation’s resulting contract. The Contractor shall submit invoices in accordance with the SOW herein or as amended.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Bareroot Seedling - Area 1

FFP

NET AMT

0001AA 7,151 Each Bareroot Seedling - Area 1 - Purchase

FFP

In accordance with the attached SOW or as amended FOB: Destination

PSC CD: F099

0001AB 7,151 Each Bareroot Seedling - Area 1 - Planting

FFP

In accordance with the attached SOW or as amended

Bareroot Seedling - Area 2

0002AA 4,202 Each Bareroot Seedling - Area 2 - Purchase

FFP

In accordance with the attached SOW or as amended

0002AB 4,202 Each Bareroot Seedling - Area 2 - Planting

FFP

In accordance with the attached SOW or as amended

Bareroot Seedling - Area 3

0003AA 4,291 Each Bareroot Seedling - Area 3 - Purchase

FFP

In accordance with the attached SOW or as amended

0003AB 4,291 Each Bareroot Seedling - Area 3 - Planting

FFP

In accordance with the attached SOW or as amended

1001 7,151 Each OPTION Spot Spray - Area 1

FFP

In accordance with the attached SOW or as amended

1002 4,202 Each OPTION Spot Spray - Area 2

FFP

In accordance with the attached SOW or as amended

1003 4,291 Each OPTION Spot Spray - Area 3

FFP

In accordance with the attached SOW or as amended

2001 7,151 Each OPTION Spot Spray - Area 1

FFP

In accordance with the attached SOW or as amended

2002 4,202 Each OPTION Spot Spray - Area 2

FFP

In accordance with the attached SOW or as amended

2003 4,291 Each OPTION Spot Spray - Area 3

FFP

In accordance with the attached SOW or as amended

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 Destination Government Destination Government 0001AB Destination Government Destination Government 0002 N/A N/A N/A N/A 0002AA Destination Government Destination Government 0002AB Destination Government Destination Government 0003 N/A N/A N/A N/A 0003AA Destination Government Destination Government

0003AB Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

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

0001AA POP 01-NOV-2023 TO

31-OCT-2024

N/A CONTRACTING DIVISION

KEVIN HENRICKS

USACE, ST. PAUL

332 MINNESOTA STREET

SUITE E1500

ST PAUL MN 55101-1323

651-290-5414

966323

0001AB POP 01-NOV-2023 TO

31-OCT-2024

N/A (SAME AS PREVIOUS LOCATION)

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

0002AA POP 01-NOV-2023 TO

31-OCT-2024

N/A CONTRACTING DIVISION

KEVIN HENRICKS

USACE, ST. PAUL

332 MINNESOTA STREET

SUITE E1500

ST PAUL MN 55101-1323

651-290-5414

0002AB POP 01-NOV-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

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

0003AA POP 01-NOV-2023 TO

N/A CONTRACTING DIVISION

KEVIN HENRICKS

USACE, ST. PAUL

332 MINNESOTA STREET

SUITE E1500

ST PAUL MN 55101-1323

651-290-5414

0003AB POP 01-NOV-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-NOV-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-NOV-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-NOV-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-NOV-2024 TO

31-OCT-2025

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-NOV-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-NOV-2024 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 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

MAR 2023

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

DEC 2022

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

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

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

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

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

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.211-7003 Item Unique Identification and Valuation JAN 2023 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.244-7000 Subcontracts for Commercial Products or Commercial Services

JAN 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

i. Pesticide Applicators and Applicable Credentials

ii. Price

(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 PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"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…