W912ES23Q0089 Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W912ES23Q0089 09-Aug-2023

b. TELEPHONE NUMBER

651-290-5614

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 30 Aug 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

JOHN P RIEDERER

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

W81G6732120487

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

USACE, ST PAUL

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 965702 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

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

TEL: 6512905899 FAX:

FAX:

TEL: 651-290-5414 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$11,500,000

NAICS:

115310

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF54

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912ES23Q0089

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

STATEMENT OF WORK

Prescribed burn at West Newton prairie near Kellogg, MN in Wabasha County

1. BACKGROUND

This contract provides for implementation of a prescribed burn plan on approximately 130 acres of established native prairie located in Wabasha County, MN near Kellogg. This includes the furnishing of qualified labor, all standard wildland fire equipment, personal protective equipment, and any materials needed to safely implement the prescribed burn plan that is an attachment and part of this statement of work.

1.1 SITE DESCRIPTON

The West Newton project area is located Southeast of Kellogg, MN. Access to the project area is by County Road 84 and 622nd avenue as well as a non-maintained access lane along the north end of the unit. The area which is currently a dredge disposal site was seeded in 2010 to prairie.

The first prescribed burn was conducted in 2013 on the western 90-acre portion and has not had any management since. The southwest corner was seeded to a grass mix in 2018. There is cottonwood encroachment on the west end as well as invasive cow vetch, sweet clover, and mullein throughout the site.

1.1.1 Required Personnel Qualifications

1.1.1.1 Burn Boss

The contract shall be overseen by an individual meeting the minimum qualifications for a Burn Boss the Wisconsin Prescribed Fire Council (WIPFC) Recommended Qualifications for Prescribed Fire Personnel (Attachment 4, https://prescribedfire.org/wp-content/uploads/2020/12/Qualifications-for-Prescribed-Fire-Personnel.pdf). The qualified burn boss must be on staff at the time of contract award and implementation and the contractor must provide documentation demonstrating that the individual is qualified. In particular, documentation of previous prescribed burn experience meeting WIPFC Burn Boss standards is critical, including narrative describing the size, complexity, goals and locations of previous prescribed burn work. Quotes will not be accepted that do not include documentation of Burn Boss qualifications.

1.1.1.2 Crew Members

All individuals participating in the burn must meet WIPFC qualifications for being a Crew Member, however, Crew Member Trainees may participate if they are under the direct supervision of a Crew Member at all times. Names of Crew Members DO NOT need to be submitted with the quote, but names and qualification documents for all Crew Members participating in the burn must be submitted prior to burn implementation.

1.1.2 Prescriptions

The burn must be completed when weather, fuel and other site factors match the prescribed conditions in the burn prescription, but also between October 10th and November 25th, 2023. The burn may not be implemented before this date in order to prevent impacts to rusty patch bumble bees.

The goal of this burn is to establish a healthy prairie to promote pollinator habitat, improve or maintain diversity with high quality habitat for native plant and animal species, and increase the availability of plant nutrients through burning. This in turn will contribute to increased flowering and seed production of native vegetation and palatability to herbivores. It would help maintain and enhance native grasses and forbs by reducing cool season grasses and exotics. Prescribed fire will also aid in decreasing or eliminating woody vegetation and prevent encroachment as well as remove dense litter from tallgrass stands.

1.1.1.3 Prescribed Burn Plan (CLIN 0001, Base)

The contractor shall develop a prescribed burn plan that incorporates the minimum elements included in the Wisconsin Prescribed Fire Council Proposed Burn Plan Elements document (Attachment 5). The burn plan must be approved by the Government prior to implementing the prescribed burn.

The burn plan should include the following fire weather parameters:

Temp- min 40, max 90 RH- min 25, max 65 Wind speed- min 2mph, max 25mph Dispersion- desired excellent, acceptable (fair, good, excellent) Wind Direction- preferred: West, Acceptable: S, SW Desired time of day: 11 AM – 4 PM

1.1.1.1 Prescribed Burn (CLIN 0002, Base)

The prescribed burn will be conducted during between October 10 and November 25, 2023. Immediately prior to burning, the Burn Boss shall complete and sign a Go-No-Go Checklist (Attachment 6) as part of a pre-burn brief.

Government staff must be present for the pre-burn brief. If all options are selected as Yes by the Burn Boss, the Government must concur with those selections prior to any fire ignition. If any options are selected as “No” that cannot be mitigated immediately, the Government will not concur to proceed with the burn on that day. A physical copy of the Go-No-Go Checklist shall be given to the Government’s on-site representative on the day of the burn.

During the implementation of the burn, existing natural fire breaks (County Road 84 to the West, 622nd St and gravel boat access to the south, a crop field to the north) and a mowed break immediately to the west of the floodplain forest along the eastern edge of the treatment area (breaks are shown on maps in Attachment 1). The contractor shall mow this break between 10 and 15 feet wide and three inches or less tall, and mowing should be completed at least one day prior to implementation of the prescribed burn. Vegetation must be 3 inches or less tall on the day of the burn, and the burn will not be allowed to proceed if the mowed break does not meet specifications. Vegetation in this area may include some woody shrubs and the contractor should be prepared to cut or mow woody shrubs within the break. The contractor shall use equipment that will result in minimal soil disturbance aside from raking leaves/grasses away in extreme cases. The Government must accept the mowed break prior to prescribed burn implementation.

The break will be considered acceptable if is more than 10 feet wide contiguously from north to south as shown on the map in Attachment 1 and if no area within the fire break is more than 3 inches tall. If the break is not determined to be acceptable the contractor will be required to re-mow the break prior to implementing the prescribed burn. This project will require consideration of weather forecasts, wind vectors, and dispersion in order to manage smoke output and minimize impacts.

Access points and project area will be checked for visitors prior to ignition. Fire breaks will be checked by burn boss or appointee for remnant fuels, wet areas, and other obstruction. Personnel should exercise caution while working adjacent to roadways and parking lots. Headlights should be used at all times during operational period for increased visibility.

“Prescribed Fire” signs will be posted at the project area as appropriate. The Government will send notices to all neighboring private residences prior to the burn, but the contractor will be required to contact all private residences within ¼ mile of the burn unit prior to ignition on the day of the burn.

Spot weather forecast will be required prior to ignition as well as every hour during implementation using either a belt weather kit or equivalent (Kestrel). The forecast should be relayed to the Government employee on site as it is measured. Temperature, relative humidity, wind direction, and speed, fire behavior and intensity will be closely monitored and recorded to ensure conditions remain within prescription parameters and announced via radio or cell phone.

Prescribed fire implementation will take one operational period. The need for extensive mop up is not anticipated for this project due to the lack of heavy fuels. Interior smokes will be checked until determined out, if needed.

In the event of a weather event or change of conditions, it may be required to extinguish the burn and continue another day with more preferred conditions.

Ignition will be accomplished with handheld drip torches. Personnel may ignite fire either on foot or from an ATV or UTV. Drip torch fuel must be pre-mixed prior to arriving on site and no fuel mixing shall occur on site. Techniques will generally include lighting backing, flanking, and head fires, and working from the downwind side with backing fires, flanking side perimeters perpendicular to the wind, and running head fires into the unit once all other perimeters and corners have adequate black and adequate fire lines have been established. A backing fire is preferred on the west end of the unit where cottonwood are encroaching to increase fuel consumption and residency time around the woody vegetation.

Large contiguous units may require interior ignition in the form of strip head or spot firing, to facilitate expeditious firing of the unit. Unburned interior islands may be reignited following securing of the unit perimeter. Smaller unburned interior islands may be left to mimic a natural mosaic pattern for the benefit of wildlife.

Exact ignition sequence of any unit will be determined and approved by the burn boss prior to ignition of the unit. Due to local factors that may influence on site weather conditions ignition sequence will not be determined until all resources have arrived on site at which time the burn boss will provide an operational briefing that will include the planned ignition sequence.

One ignition team will be working with multiple lighters to ignite the unit.

A wet line will be established immediately prior to any ignition along the mowed east break and northern fire break. At least one holding resource such as an engine, tracked vehicle or ATV with water will closely follow behind ignition to monitor for any immediate escape of fire outside control lines. Additional resources will follow and continually patrol control lines that have active fire within 100’ or smoldering withing 50’ of the break. Direct attack on spot fires burning in leaf litter should prevent fire escape in these areas. The surrounding ag fields near the project will also require attention and regular patrol while establishing the burn along the roads or mowed break.

The closest water refill point is located at the site, water may be drawn from the Mississippi river to the east of the site in the event of an emergency.

There are utility poles and line that cross the property that require extra caution and prep work before the burn. It is the Contractor’s responsibility to avoid impacts with said utilities.

The contractor will be required to put together a burn plan with the parameters described above including any maps necessary for implementation of the burn.

1.1.1.2 Woody Vegetation Control (CLIN 0003, Base Option)

Woody vegetation will be cut and stump treated with an herbicide formulation labeled for cut-stump applications after burn is implemented between November 1st and March 31st. There are approximately 200 stems across 51 acres varying in size from 1-8" in diameter. This line item will be included as a base year option and will be awarded only once the prescribed burn has been completed.

Quality Assessment There will be a Government Contracting Officer’s Representative (COR) and Quality Assurance (QA) representative on site during the duration of the burn as well as after implementation.

Quality assurance will be checked during and after the implementation of the prescribed burn.

The burn will be considered acceptable if anywhere between 70% and 100% of the area has been burned. Total burned area will be assessed by classifying a grid of sampling points as showing distinct evidence of burning (such as charring or fuel consumption) and determining the percentage of those point showing evidence of burning.

CLIN

Begin and End Date

Activity Units Unit Type

Cost/Unit Total Cost

0001 10/10/2023- 11/25/2023

Write prescribed burn plan 1 job

0002 10/10/2023- 11/25/2023

Prescribed fire implementation including mowing fire break

130 ac

0003 11/1//2023- 3/31/2024

Woody vegetation control on east end 1 job

SUBMITTALS

The contractor will be required to submit a burn plan in accordance with the Wisconsin Prescribed Fire Council standards as described here: https://prescribedfire.org/plan/burn-plans/

2 HERBICIDE

2.1 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 in the appropriate categories for Minnesota, (or have completed requirements necessary for license reciprocity in 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.

2.2 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.

2.3 Post-Application Documentation

The Contractor shall submit completed copies of the ‘Post-Application Documentation Form’ for each day’s herbicide work and for each herbicide used. A sample form is provided in Attachment 03 and may be reproduced.

The Contractor may use his or her own form if it contains all information included on the Corps form. Scanned or digital copies of this form may be submitted electronically or hard copies may be mailed to the address of the COR within five working days of each application or at the time of invoice submission, whichever is earlier. No payment will be made for services until post-application documentation has been supplied to the COR.

2.4 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 is also responsible for supplying all materials and equipment necessary for storage, mixing and applying herbicide.

In addition, 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 Government Quality Assurance plots show evidence of the treatment prescribed for the area.

2.5 Site Restoration

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

2.6 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 ENVIRONMENTAL PROTECTION

Should a spill of petroleum, pesticide, or other contaminant occur, the Contractor's immediate response shall be to proceed with measures to limit the further spread of contamination. Immediately following this initial response, the Contractor shall notify the local Fire Department, Contracting Officer, and appropriate local, state, and federal officials. This may include the National Response Center (1-800-424-8802) if a reportable quantity is released to the environment.

Subsequent to these actions, the Contractor shall take actions to clean up the spill at no cost to the Government.

Should a personnel contamination occur, the Contractor shall take immediate actions as prescribed by chemical manufacturer so as to protect the safety and health of the contaminated individual(s).

4 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 employees and Government workers.

Instructions for accessing the manual are available online at:

http://www.COE.army.mil/SafetyandOccupationalHealth/SafetyandHealthRequirementsManual.aspx.

The entire Safety Manual is available for downloading or viewing on the Internet at:

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

5 INSPECTIONS AND ACCEPTANCE

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

6 LIABILITY OF AND DAMAGES TO THE GOVERNMENT

6.1 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.

6.2 Government Liability

The Government assumes no liability from the Contractor's performance of the contract work. The Contractor shall hold and save the Government harmless from any and all liability to others arising from the performance of the contract.

6.3 Responsibility for Damages

In accordance with clause 52.237-2, the Contractor is responsible for all damages to persons and property resulting from performance of the contract work.

7 MEASUREMENT AND PAYMENT

Payment for this work will be based on the price schedule below. Acreage provided by the Government in this solicitation are Government estimates only, based on GIS area calculations. It is the Contractor’s responsibility to verify these acreages in the field. The contractor must inform the government of the completion of each contract line item number (CLIN) below, and the government shall be given a minimum of 10 business days to conduct quality assurance checks. Upon written acceptance of the work by the Government, or after 10 business days, the Contractor may submit for payment. Invoices shall not be submitted until the entire bid schedule item is completed.

7.1 Pre-Quote Site Tour

Contractors are encouraged to inspect/view the sites where the work will be performed before quoting. The site is on public property, and is accessible without restrictions. All questions shall be directed to the contract specialist, via email at John.P.Riederer@usace.army.mil .

7.2 Invoices

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

A l 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.

8 POST-AWARD MEETING

A post-award meeting must be scheduled within 10 days after contract award and will be held by conference call.

An on-site meeting will be discussed at that time; the on-site meeting may occur prior to work starting on the contract or may occur at the time work begins. Government inspection procedures will be reviewed at that time. The Contractor will be notified by the Government POC of the meeting time.

9 GOVERNMENT POINT OF CONTACT

Government Point of Contact information will be given to awardee.

10 SUBMITTALS

To be submitted with the quote

1. Pricing schedule

2. Qualified personnel list for prescribed fire and herbicide application, with copies of qualifications credentials

To be submitted after contract award

1. Contractor’s work schedule (following contract award)

2. Certificate of Liability Insurance (following contract award)

3. Contractor’s safety plan (following contract award)

4. Prescribed burn plan (prior to on-site treatment)

5. Herbicide plan with herbicide list and herbicide application schedule (prior to on-site treatment)

6. Post-application herbicide reports (following treatment)

11 ATTACHMENTS

Attachment 1 - West Newton Vicinity and Prescription Maps Attachment 2 - USACE Approved Herbicide List Attachment 3 - Post-Application Documentation Form Attachment 4 – Wisconsin Prescribed Fire Council Recommended Qualifications for Prescribed Fire Personnel Attachment 5 – Wisconsin Prescribed Fire Council Proposed Burn Plan Elements Attachment 6 – Go-No-Go Checklist

NOTES TO OFFEROR

NOTES TO OFFEROR

PLEASE E-MAIL ALL QUESTIONS to John Riederer, Contract Specialist, John.P.Riederer@usace.army.mil

This solicitation is a Request for Quotes (RFQ). Quotes must include the following:

Pricing schedule Documentation of Burn Boss Qualifications List of Anticipated Pesticide Applicators and copies of credentials for each individual

Please submit Quotes by E-Mail to John.P.Riederer@usace.army.mil (preferred)

Offerors may also submit proposals by U.S. Mail or Courier to:

U.S. Army Corps of Engineers – St. Paul District ATTN: Contracting – John Riederer 332 Minnesota St., STE E1500 St. Paul, MN 55101

Quotes must be received by the solicitation close time and date stated in SAM.gov. Quotes received after the stated date and time are ineligible for contract award.

Offerors are highly encouraged to visit the site prior to preparing offers. The site is on unrestricted public land.

This solicitation is 100% Set-Aside for Small Businesses.

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

For assistance with SAM, contact information is below:

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

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Prepare Prescribed Burn Plan

FFP

FOB: Destination

PURCHASE REQUEST NUMBER: W81G6732120487

PSC CD: F004

NET AMT

0002 130 Acre Prescribed Burn Implementation

FFP

Implementation of prescribed burn plan, to include mowing fire break. Must occur between October 10 and November 25 due to presence of Rusty Patch Bumble Bees FOB: Destination

PURCHASE REQUEST NUMBER: W81G6732120487

0003 1 Job OPTION OPTION - Woody Vegetation Control

FFP

OPTION ITEM - Option will only be awarded after prescribed burn. Cut and stump treat (with approved herbicide) approx. 200 stems across 51 acres after prescribed burn is implemented.

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 26-SEP-2023 1 ENVIRONMENTAL SECTION

ANDY MEIER

USACE - ST PAUL DISTRICT

ENVIRONMENTAL SECTION

1114 SOUTH OAK STREET

LACRESCENT MN 55947-1338

6512905899

965702

0002 POP 10-OCT-2023 TO

25-NOV-2023

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-NOV-2023 TO

31-MAR-2024

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 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

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

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

MAR 2023

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

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

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 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. Price

ii. Past Performance

(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.

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 equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

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

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

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

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

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

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

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

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

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

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

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

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

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

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Veteran-owned small business concern" means a small business concern--

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

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

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

"Women-owned small business concern" means a small business concern--

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

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

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s)…