W912ES24Q0062 Solicitation for Stoddard Invasive Control.pdf
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- Solicitation number
- W912ES24Q0062
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This solicitation seeks a contractor to implement an invasive plant control project on 38 acres of government property in Vernon County, Wisconsin. Services required include initial mechanical and chemical control of woody invasive plants such as bush honeysuckle and Siberian elm, followed by semi-annual follow-up herbicide treatments to eliminate resprouts and seedlings. An option to broadcast spray 11.2 acres with glyphosate and seed wetland plants is also included. Payment will be based on acreage treated. The base term is one year with two optional one-year extensions. Insurance in the amount of $1 million is required. This is a 100% small business set-aside solicitation from the Department of the Army Corps of Engineers. Quotes are due by the date and time listed on FBO.gov and must acknowledge any amendments to the solicitation.
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Other files
| File | Type | Posted |
|---|---|---|
| W912ES24Q0062-0002 Amendment 2.pdf | ||
| W912ES24Q0062-0001 Amendment 1.pdf | ||
| Att 01 Treament and Vicinity Map.pdf | ||
| Att 03 Approved Herbicide List.xlsx | XLSX spreadsheet | |
| Att 02 Herbicide report.pdf |
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SEE ADDENDUM
(No Collect Calls)
W912ES24Q0062 29-Feb-2024
b. TELEPHONE NUMBER
651-290-5614
8. OFFER DUE DATE/LOCAL TIME
11:00 AM 21 Mar 2024
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
W81G6740479484
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 B6R0TL8 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
LOCK & DAM #8
JANE MATHISON
4405 HIGHWAY 35
GENOA WI 54632-0265
TEL: 651-290-5033 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
(CONTINUED)
PAGE 2 OF61
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.
W912ES24Q0062
Section SF 1449 - CONTINUATION SHEET
STATEMENT OF WORK
STATEMENT OF WORK
Vernon County, Wisconsin
Woody and Herbaceous Invasive Plant Control at Stoddard Oak Savannah/ Prairie
1 BACKGROUND
This statement of work describes a woody invasive control project on approximately 38 acres on US Army Corps of Engineers (COE) across 3 treatment areas in Vernon County, WI. Services to be rendered include initial mechanical and chemical control and follow-up chemical control of established woody invasive plants as well as reed canary grass. There is planned in house work in area 3 of some initial cutting of bush honeysuckle. The contractor should anticipate less work in that area. The management objective of the project area is to convert the area over time back to prairie and oak savannah as it was historically.
The work to be performed under this contract consists of the contractor furnishing all equipment, supplies, labor, supervision, and transportation and performing all work as required by the CLIN SCHEDULE of the contract in strict accordance with this Statement of Work and attachments, all of which are made part hereof. All work materials and services not expressly called for in the scope of work or shown on the attachments, but which are necessary for completion of the contract requirements shall be performed and furnished by the Contractor at no increase in cost to the Government. It is expected that the contractor will utilize their knowledge, skills, and abilities to plan work around weather forecasts and moisture conditions.
Contract Period: The contract term is for one (1) base year and two (2) one-year options to be exercised at the Government’s discretion.
1.1 SITE DESCRIPTION
The Stoddard project area is located approximately 1 mile south of Stoddard, WI along the Coon Creek backwaters. The site is intersected by Prairie Lane and Lake Road. All areas of the site are accessible by land with a two-track bisecting the southern half and an unmarked hiking trail to the north. A map showing the treatment areas (Attachment 1) and the vicinity (Attachment 2) are included .
1.1.1 General Conditions
The area is generally forested with some canopy gaps and substantial invasive species problems, primarily bush honeysuckle (Lonicera spp.), common buckthorn (Rhamnus cathartica), Siberian elm (Ulmus pumila), black locust (Robinia pseudoacacia) are also present in low densities.
Undesirable shrub/tree species for this site also include eastern red cedar, sumac, green ash, red oak, pin oak and cherry species. Removal of these species will aid in the restoration of the oak savannah and prairie. The overstory is primarily bur oak, northern pin oak, northern red oak, shagbark hickory on the east side of prairie lane road. It is a high elevation site with some lowland shrub habitat intermixed. There are steep slopes in some spots. The west strip consists of an overstory of planted red pine with dense invasives and oak scattered through the understory. There are pockets of remnant prairie throughout this strip, so limited ground disturbance in these areas is desired. The southeast section is a reed canary grass flat with some wetland shrubs scattered throughout (Area 2).
1.2 PRESCRIPTIONS
1.2.1 Prescriptions
1.2.1.1 Target species for woody plant control
The following species should be controlled wherever encountered in the prescription area. Along with invasives, all woody shrubs/ trees that are not bur oak, shagbark/bitternut hickory shall be cut throughout the site that are <3” dbh. Oak species shall not be cut during oak wilt period (April 1st-July 15th) per Wisconsin DNR guidelines. Species are listed in order by prevalence:
Invasive Species:
Common name Scientific name Prevalence Bush honeysuckles Lonicera spp. Widespread Siberian elm Ulmus pumila scattered Black locust Robinia pseudoacacia scattered Common buckthorn Rhamnus cathartica scattered Japanese barberry Berberis thunbergii uncommon Oriental bittersweet Celastrus orbiculatus* uncommon
* American bittersweet (Celastrus scandens) is scattered on the site and care should be taken to appropriately distinguish between Oriental and American bittersweet – American bittersweet SHOULD NOT be treated Undesirable Tree species:
Common name Scientific name Prevalence Eastern red cedar Juniperus virginiana scattered Staghorn sumac Rhus typhina scattered Green ash Fraxinus pennsylvanica scattered Northern red oak Quercus rubra Widespread Northern pin oak Quercus ellipsoidalis Widespread Cherry Prunus spp. scattered
1.2.1.2 Initial Control, Area 1, 3 (CLIN 0001)
In both areas (1 and 3), all species listed in the invasive species and undesirable tree table shall be killed by cut stump, basal bark or foliar herbicide applications, depending on the size and distribution of stems. Cut stump applications are required for stems greater than 6 feet tall. All Cut stump applications must occur after September 15th. Any brush from cut stump treatments must be piled in no greater than 8’x8’x8’ piles. Create brush piles atop non-grassland vegetation such as on leaf litter where red-cedar or buckthorn has been removed. All other stems may also be be either foliar sprayed or basal bark treated. No stems greater than 3” in diameter should be cut to eliminate impacts on the Federally endangered northern long eared bat. Foliar applications/basal bark may be made to any other stems, though foliar or basal bark applications should be applied using a hand-held applicator (no broadcast sprays allowed) in a manner that will minimize damage to off-target plants. Foliar applications should be avoided if possible, in areas with established woody regeneration of desirable species (e.g., bur oak, hickory). Any foliar and basal bark applications need to be completed no later than September 15th to allow the Government Quality Assurance representative to evaluate the effectiveness of the treatments.
Initial control treatments in both areas may be implemented at any time between July 15 and April 1st of the applicable contract year (see table in Treatment Specifications below). The contractor shall use appropriate herbicide formulations for the time of year in which herbicide is applied.
1.2.1.3 Follow-up control, Areas 1, 3(CLINs 1001, 2003, 3001) Follow-up treatments will consist of foliar, basal bark and/or cut stump treatments of resprouts, seedlings and residual untreated stems of all woody invasives listed in the target species table above. If foliar sprays are used, they must be implemented while leaves are green and photosynthesizing. Foliar applications should be avoided in areas with established native plants including bur oak seedlings, prairie grasses, and forbs. Follow-up treatments are scheduled to allow a minimum of 1 full growing season following initial treatment for residual sprouts to develop sufficient leaf area for adequate control.
1.2.1.4 Treatment Specifications
The list of treatments described in the Schedule of Items table (below) will be implemented as part of this contract. Specific treatments in each area are described in subsequent sections.
Treatments must be completed within time windows that will maximize treatment effectiveness.
Begin and End Dates for each treatment area are provided in the Schedule of Items table below.
No treatments may begin prior to the Begin Date and all treatments must be completed by the End Date for each given area. The contractor may work anytime between those dates, given that site conditions are appropriate, and the Government has given approval to proceed. In addition, within 20 business days of contract award, the contractor shall submit to the Government a tentative work schedule for the contract period. The Contractor’s submitted work schedule is not binding and may be updated as needed; it is intended to allow the Government to prepare and plan around the contractor’s work schedule. The Contractor’s tentative work schedule shall in no way supersede the Begin and End Dates provided in this contract.
1.2.1.5 Reed canary grass control, wetland planting Area 2 (CLINs 0002, 0003, 1002, 2001, and 2002) This 11.2-acre area should be broadcast sprayed with aquatic area approved glyphosate in June and September 2024 and sprayed again the following spring in June 2025. If no natural vegetation comes up after an evaluation by the Quality Assurance representative during the growing season of 2025, then the option for re-spraying in fall of 2025 and June 2026 will be exercised. If there is natural vegetation occurring the re spraying option will not be exercised, and the option for supplemental hand seeding or plugs in 2026, including seeding of woody shrubs/wetland plants (buttonbush, red osier dogwood, swamp milkweed and willow) will be exercised. Herbicide applications may be implemented using either hand applications from backpack sprayers or by ATV or UTV.
2 MEASUREMENT AND PAYMENT
Payment for this work will be based on the schedule shown below. Acreage provided by the Government in this solicitation are Government estimates only, based on GIS area calculations.
Quotes should be based on the estimated acreage listed below. The Contractor may submit invoice(s) for payment when each work ITEM listed below has been completed. Payment on this contract will be based on the Contract Line Items (CLINs). Invoices shall not be submitted for incomplete or partially completed work.
2.1 Schedule of items
CLIN Begin and End Date Activity Units Unit
Type Cost/Unit Total Cost
07/15/2024- 04/01/2025
Initial control--area 1, 3 32.2 ac
09/01/2024- 9/30/2024 Broadcast spray—area 2 11.7 ac
06/01/2025- 6/30/2025
Broadcast spray--area 2 11.7 ac
7/15/2025- 4/01/2026
Follow up treatment—area 1, 3
32.2 ac
1002 09/01/2025- 09/30/2025
Broadcast spray--area 2 11.7 ac
06/01/2026- 6/30/2026
Broadcast spray--area 2 11.7 ac
5/01/2026- 6/30/2026
Wetland seeding/planting—area 2
11.7 ac
7/15/2026- 4/30/2027
Follow up treatment—area 1, 3
32.2 ac
7/15/2027- 4/30/2028
Follow up treatment--area 1, 3
32.2 ac
2.2 Invoices
Most of the work included in this contract requires a period of at least two weeks following treatment to evaluate effectiveness. Therefore, invoices for work may not be submitted until at least 14 calendar days have elapsed since the final treatment in the invoice. Any invoices submitted earlier than the 14-day window will be returned, and the invoice date shall be updated to reflect the 14 day post-treatment period. The contractor must submit invoices to the Government POC to initiate payments. Partial payments are allowable for works in which a distinguishable block of area has been completed within a larger CLIN.
Al l invoices shall be sent via e-mail or mail to the Government POC. Invoices with errors or that are not acceptable per FAR Clause 52.212-4 will be returned and a new invoice with a new date must be submitted for payment. Failure to do so may cause a delay in payment to the contractor.
3 POST-AWARD MEETING
A post-award meeting must be scheduled within 10 business days after contract award; though the meeting itself does not need to be held within this 10 day period. Government inspection procedures will be reviewed as part of this meeting. The Contractor will be notified by the Government POC of the meeting time.
4 GOVERNMENT POINT OF CONTACT
Government Point of Contact information will be given to awardee.
5 HERBICIDE
5.1 Herbicide Plan
The Contractor shall submit a general written plan that addresses their recommended herbicides, application rates, timing, and spray methods proposed to achieve the contract goal of vegetation control at the management area, target pest and reason for choice 5 business days prior to start of work. Only herbicide formulations in the Government list (Attachment 2) and approved for use in wetlands shall be used; if the contractor wishes to use an alternative herbicide, a request must be made to the Government POC or COR no less than twenty (20) business days prior to anticipated application. The request will require submission for environmental review and the contractor should not assume that approval will be granted. If appropriate, surfactants shall be added per label instructions to appropriate herbicide mixtures. All carriers and adjuvants must be non-toxic.
The herbicide plan shall detail the carriers, adjuvants and surfactants to be used. Also include application rates, where mixing will occur, and plans for environmental protection if mixing is to occur on government property. EPA product labels and material safety data sheets (MSDSs) for all proposed products (website links are acceptable) shall be submitted with the herbicide plan.
The Government POC must receive submission of this plan a minimum of five (5) business days in advance of the desired application date. The request will be reviewed, considering as a minimum, for relative effectiveness and toxicity. The contractor shall also submit a tentative application schedule to the contracting officer a minimum of five (5) business days prior to initiating any work on this contract.
All treatments must be conducted during a period when target species are susceptible to the herbicide being used. All herbicides used shall be labeled for application in aquatic areas. No broadcast spraying shall be performed when wind speeds exceed specifications listed on the herbicide label, or wind directions are likely to result in drift to surface water or non-project lands. To protect groundwater resources, herbicide applications will not be allowed prior to precipitation that could facilitate rapid leaching of herbicide to the water table. At a minimum, herbicide(s) cannot be applied when the forecast indicates a high probability of significant precipitation during the next 24 hours. The Contracting Officer shall have the right to make these determinations and terminate any planned herbicide applications based on available weather forecasts and current conditions. Additionally, excessively dry conditions that can negatively affect herbicide performance should also be avoided. The Contractor is to notify the Government POC of any planned herbicide applications and receive prior approval before completing the planned application.
Herbicides shall be applied to the project areas in accordance with the weed control goals stated above. The Contractor shall take particular care to not exceed per acre limits according to the product label for basal bark applications.
5.2 Licensing
The Contractor, all of their employees, any subcontractors or other individuals performing herbicide work under this contract shall possess a valid state commercial herbicide applicator's license with certification in Wisconsin for Forestry (Category 2.0) or Right of Way and Natural Areas (Category 6.0), (or have completed requirements necessary for license reciprocity in Wisconsin) and shall comply with all Federal, State, and local laws and regulations applicable to the contract work and to the products and materials used by the Contractor in performing that work. Contractors shall submit with their quote a list of anticipated pesticide applicators in their employ and a copy of the applicable credentials for each individual. Additional individuals may be added to this list after contract award upon receipt of their applicator’s credential. A least one individual must be in the employ of the Contractor upon submission of quote with the proper credentials; a quote that does not include documentation of a licensed applicator will not be considered a complete quote. Department of Labor as well as state regulations regarding employment of youth shall be observed.
5.3 EPA Registration Label
All work shall be performed in accordance with the instructions on the EPA registration label of the chemical herbicide used. All safety instructions featured on the label shall be strictly adhered
to. Off-label applications, even if shown to be effective elsewhere, shall not be used.
5.4 Post-Application Documentation
The Contractor shall submit completed copies of the ‘Post-Application Documentation Form’ for each day’s herbicide work and for each herbicide used. A sample form is provided in Attachment 03 and may be reproduced. The Contractor may use his or her own form if it contains all information included on the Corps form. Scanned or digital copies of this form may be submitted electronically or hard copies may be mailed to the address of the government POC within five working days of each application or at the time of invoice submission, whichever is earlier. No payment will be made for services until post-application documentation has been supplied to the Government POC.
5.5 Herbicide Warranty
The Contractor shall exercise his/her professional judgment as to the application rate, time and extent of application of the herbicides.
The 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 a payment penalty or re-treatment of an area as described in Inspections and Acceptance below.
5.6 Site Restoration
The Contractor shall be responsible for restoring any area that does not satisfy the warranty requirements at no additional cost to the Government. Areas will be retreated within the time specified by the Contracting Officer’s or Government POC’s notice to the Contractor. The Contractor is responsible for damages to persons or property, including unreasonable or unnecessary damages to non-target vegetation, within and outside the treatment areas resulting from the performance of the contract work. Reseeding of non-target native vegetation damaged in this way may be necessary and will be at the Contractor’s expense. Excess and waste material shall be removed and properly disposed of off-site. Areas that have been damaged by spraying operations shall be restored to original condition at the Contractor’s expense.
5.7 Material Safety Data Sheets (MSDS)
The Contractor shall make MSDSs for all herbicides, adjuvants and other products used at the site readily available to all affected contract employees.
6 ENVIRONMENTAL PROTECTION
Should a spill of petroleum, pesticide, or other contaminant occur, the Contractor's immediate response shall be to proceed with measures to limit the further spread of contamination.
Immediately following this initial response, the Contractor shall notify the local Fire Department, Contracting Officer, and appropriate local, state, and federal officials. This may include the National Response Center (1-800-424-8802) if a reportable quantity is released to the environment. The appropriate state official is the Department of Public Safety Duty Officer. The
Wisconsin Duty Officer can be reached at 1-800-943-0003. There is someone on duty at this number 24 hours a day.
Subsequent to these actions, the Contractor shall take actions to clean up the spill as recommended and at no cost to the government. Should a personnel contamination occur, the Contractor shall take immediate actions as prescribed by chemical manufacturer so as to protect the safety and health of the contaminated individual(s).
7 SAFETY
Notwithstanding any other provisions of this contract, the Contractor shall comply with all safety and health requirements as outlined in the Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1) and OSHA Safety Standards to ensure the safe working conditions for his/her employees and government workers. Instructions for accessing the manual are available online at:
http://www.usace.army.mil/Safety-and-Occupational-Health/ The entire Safety Manual is available for downloading or viewing on the Internet at:
http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf The contractor may be required to complete and submit a detailed safety plan as part of this contract and as outlined in EM 385-1-1.
8 INSPECTIONS AND ACCEPTANCE
Work will be inspected periodically for conformance with these specifications for timeliness, safety and results achieved. Performance inspections will consist of 1/100th acre fixed-area plot samples in which the number of target and non-target stems will be tallied as will the number of non-treated target stems and the number of damaged non-target stems. The Government may spot check up to 10% of the treatment areas with a minimum of 20 sampling points for Quality Assurance (QA). The sample will be considered to be representative of the entire treatment, and any rework or performance penalties will be calculated for the entire treatment based on the average percent of target stems treated and on the average number of non-target stems damaged.
The government will consider 90% or more of target stems treated as described in the sections above and 5% or less of non-target stems damaged to be acceptable. Any percentage outside of this range will be considered unacceptable and will necessitate re-work or a payment penalty.
Payment penalties will be the sum of the total % unacceptable (e.g. 87% target stems treated and 8% non-target stems damaged = 6% payment penalty). Re-work may include either a percent corresponding to the percent unacceptable or may include government designation of unacceptable areas, up to and including the entire treatment area.
In accordance with the inspection of services provisions of the contract, clause 52.212-4(a) Inspection/Acceptance, the Contractor shall provide services in a timely manner. The Government may require the Contractor, at no additional cost, to replace or correct work that fails to meet contract requirements.
When unacceptable performance occurs, the Contracting Officer will inform the Contractor.
This will normally be in writing unless circumstances necessitate verbal communication.
When the Contracting Officer determines formal written communication is required, a Contract Discrepancy Report (CDR) will be given to the contractor.
The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the Contracting Officer.
The response statement shall identify causes for failure to perform, and identify ways to prevent future occurrences of the same performance failures. The Contracting Officer will assess the need for further action, based on past performance and written plan for future incident prevention.
Failure to perform required services in a timely manner may result in payment reduction. Any CDRs may become a part of the supporting documentation for contract payment deductions or other actions deemed necessary by the Contracting Officer
9 LIABILITY OF AND DAMAGES TO THE GOVERNMENT
9.1 Insurance
The contractor will carry liability insurance that will cover the application of herbicides as defined in this specification. This coverage will include as a minimum drift, run-off, and pollution (sudden and accidental) for all contract operations. The amount of coverage this insurance will provide will not be less than $1,000,000 per incident. A Certificate of Insurance form signed by the insuring agency shall be provided to the contracting officer within 10 business days after contract award. The insurance must provide coverage for the entire contract period. The insurance policy shall state that it cannot be cancelled without 30 days written notice to the Contracting Officer. Failure to secure and maintain insurance may be grounds for termination during the performance period of this contract.
9.2 Government Liability
The Government assumes no liability from the Contractor's performance of the contract work.
The Contractor shall hold and save the Government harmless from any and all liability to others arising from the performance of the contract.
9.3 Responsibility for Damages
The Contractor is responsible for all damages to persons and property resulting from performance of the contract work.
10 SUBMITTALS
10.1 To be submitted with the quote
1. Pricing schedule
2. Certified applicator list, with copies of certification credentials
10.2 To be submitted after contract award
1. Contractor’s work schedule
2. Certificate of Liability Insurance
3. Contractor’s safety plan
4. Herbicide plan with herbicide list and herbicide application schedule
5. Post-application herbicide reports
11 ATTACHMENTS
Attachment 1 - Stoddard Vicinity and Prescription Map Attachment 2 - COE Approved Herbicide List Attachment 3 - Post-Application Documentation Form
NOTES TO OFFEROR
PLEASE E-MAIL ALL QUESTIONS to John Riederer, Contract Specialist, John.P.Riederer@usace.army.mil with at least two business days prior to solicitation close to allow response time.
This is a 100% Small Business Set-Aside solicitation.
NAICS Code: 561730 Size Standard: $9.5 million
It is preferred that the quote is e-mailed to:
John Riederer, Contract Specialist, John.P.Riederer@usace.army.mil
The offeror may also submit the quote by mail / courier to the following:
USACE – ST PAUL
CONTRACTING DIVISION
ATTN: John Riederer
332 MINNESOTA ST, SUITE E1500
ST. PAUL, MN 55101
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/
Initial registration and registration renewal in SAM requires Internal Revenue Service verification of Employer ID Number, a process which can take several days to complete.
Quotes must be RECEIVED no later than the Offer Due Date/Time listed in the FBO.gov solicitation posting.
Quotes received after the deadline are considered late, and may not be considered for award.
Quotes must include specific acknowledgement of all amendments to the solicitation (if any).
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 Wisconsin for Forestry (Category 2.0) or Right of Way and Natural Areas (Category 6.0), (or have completed requirements necessary for license reciprocity in Wisconsin) and shall comply with all Federal, State, and local laws and regulations applicable to the contract work and to the products and materials used by the Contractor in performing that work. Contractors shall submit with their quote a list of anticipated pesticide applicators in their employ and a copy of the applicable credentials for each individual. At least one individual must be in the employ of the Contractor upon submission of quote with the proper credentials; a quote that does not include documentation of a licensed applicator will not be considered a complete quote.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 32.20 Acre Initial Control - Areas 1 & 3 - Base Yr
FFP
Performance dates 7/15/2024 - 4/01/2025 FOB: Destination
PURCHASE REQUEST NUMBER: W81G6740479484
PSC CD: F006
NET AMT
0002 11.70 Acre Broadcast Spray 1 - Area 2 - Base Year
FFP
Performance Dates 9/01/2024 - 9/30/2024 FOB: Destination
0003 11.70 Acre Broadcast Spray 2 - Area 2 - Base Year
FFP
Performance Dates - 6/01/2025 - 6/30/2025 FOB: Destination
1001 32.20 Acre OPTION Follow Up Treatment - Areas 1 & 3 -Opt1
FFP
Performance Dates 7/15/2025 - 4/01/2026 FOB: Destination
1002 11.70 Acre OPTION Broadcast Spray - Area 2 - Opt Yr 1
FFP
Performance Dates 9/01/2025 - 9/30/2025
2001 11.70 Acre OPTION Broadcast Spray - Area 2 - Opt Yr 2
FFP
Performance Dates - 6/01/2026 - 6/30/2026
2002 11.70 Acre OPTION Wetland Seeding/Planting - Area 2 - Opt2
FFP
Performance Dates - 5/01/2026 - 6/30/2026
2003 32.20 Acre OPTION Follow Up Treatment - Areas 1 & 3 - Opt2
FFP
Performance Dates - 7/15/2026 - 4/30/2027
3001 32.20 Acre OPTION Follow Up Treatment - Areas 1 & 3 -Opt3
FFP
Performance Dates - 7/15/2027 - 4/30/2028
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 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government
2003 Destination Government Destination Government 3001 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 15-JUL-2024 TO
14-JUL-2025
N/A LOCK & DAM #8
JANE MATHISON
4405 HIGHWAY 35
GENOA WI 54632-0265
651-290-5033
B6R0TL8
0002 POP 15-JUL-2024 TO
14-JUL-2025
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 15-JUL-2024 TO
14-JUL-2025
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 15-JUL-2025 TO
30-APR-2026
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 15-JUL-2025 TO
30-APR-2026
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-MAY-2026 TO
14-JUL-2027
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-MAY-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 01-MAY-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 15-JUL-2027 TO
30-APR-2028
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
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 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.211-6 Brand Name or Equal AUG 1999 52.212-1 Instructions to Offerors--Commercial Products and
Commercial Services
SEP 2023
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2023
52.217-5 Evaluation Of Options JUL 1990 52.222-54 Employment Eligibility Verification MAY 2022 52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
AUG 2018
52.228-5 Insurance - Work On A Government Installation JAN 1997 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
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 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)
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) 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”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.
(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 any equipment, system, or service that uses covered telecommunications equipment or services.
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).
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (NOV 2023) 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)…
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