W912ES24Q0121 McNally Boat Landing Woody Invasives Control RFQ.pdf

SEE ADDENDUM

(No Collect Calls)

W912ES24Q0121 16-Aug-2024

b. TELEPHONE NUMBER

651-290-5614

8. OFFER DUE DATE/LOCAL TIME

11:30 AM 30 Aug 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

W81G6741925883

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

USACE, ST PAUL

332 MINNESOTA STREET

SUITE E1500

ST PAUL MN 55101-1323

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 966323 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

EASTERN AREA ENGINEER

902 E 2ND ST STE 302

WINONA MN 55987-6510

TEL: 651-290-5862 FAX:

FAX:

TEL: 651-290-5414 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

X

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 OF62

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.

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

STATEMENT OF WORK

Winona County, Minnesota

Woody Invasive Control and Prairie Planting at McNally Boat Landing

1 BACKGROUND

This statement of work describes a woody invasive control project on approximately 34.5 acres on US Army Corps of Engineers owned land across 3 treatment areas in Winona County, Minnesota. The entire project area is located on Federal land primarily under US Army Corps of Engineers (USACE) ownership. Regardless of owner, all federal land within the project area is incorporated into the Upper Mississippi River National Wildlife and Fish Refuge, Winona District, and activities associated with this scope of work must adhere to all applicable policies and procedures on these lands.

Services to be rendered include initial mechanical and chemical control and follow-up chemical control of established woody invasive plants as well as prairie establishment and enhancement.

The management objective of the project area is to establish control over the dense populations of woody invasives in the area. The establishment of new prairie and enhancement of remnant prairie is included as well.

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 3 one-year options to be exercised at the Government’s discretion.

1.1 SITE DESCRIPTION

The McNally project area is located in Winona, MN surrounding the US Fish and Wildlife Service McNally boat landing as well as a section on the southwest side of Prairie Island Road North. All areas of the site are accessible by land with a two-track bisecting the northern half. A map showing the treatment areas (Attachment 1) and the vicinity (Attachment 2) are included.

1.1.1 General Conditions

Management areas 1 and 2 are mostly forested except for the central portion of area 2, which has approximately 5-10 ft buckthorn sprouts and other woody invasives in a 4.5 acre patch and along the forest edge. Area 3 is mostly open with some remnant prairie scattered throughout as well as some larger trees and scattered brush. The forest consists of floodplain species cottonwood, silver maple, hackberry, river birch, and swamp white oak, with an understory of mature buckthorn and dense downed woody debris. The area to the southwest of Prairie Island Road is mostly open prairie/forbs with patches of bristly locust, smooth sumac, and larger trees scattered throughout. The area along the dike road to the south and to the east leading to the dam is maintained through contract spraying on a yearly basis and is not included in this contract.

1.2 CONTRACTOR QUALIFICATIONS

Any contractor bidding on this work must employ an on-site lead at the time of bid with professional qualifications sufficient to document capability for completing this work. At a minimum, the contractor’s on-site lead must have the following qualifications:

1. A Bachelor of Science degree from an accredited University in the field of Biology, Ecology, Forestry, or Natural Resource Management. Submit a copy of a college transcript or diploma with contract bid.

2. Documentation of managing field crews on projects totaling at least 50 acres of woody invasive species control and native prairie establishment and/or restoration in the Midwestern United States (Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin) within the past three (3) years. Documentation shall include (at a minimum):

agency/business/organization name and point of contact information, description of the work performed and the role of the proposed on-site lead, size and location of the project, dates of performance, size of crew

3. A Minnesota Commercial herbicide applicators license (or reciprocity) with certifications in the categories described in the Herbicide section below.

The individual identified as the on-site lead must be on site at least 10% of the time during which contract work is being conducted.

1.3 PRESCRIPTIONS

1.3.1 Prescriptions

1.3.1.1 General Specifications

The following general specifications must be followed for all treatments within this contract.

-All equipment must be cleaned of foreign plant material before arriving on site to minimize the spread of invasive species

- No treatments shall occur from April 1 to July 14.

- All stems may be treated with basal bark applications regardless of size at any time between July 15 and March 31. Any areas in which basal bark treatments are used AFTER September 15 may not be invoiced until May 15 of the following growing season to allow for evaluation of treatment effectiveness

- Foliar applications may be used on any stems <6 feet tall between July 15 and September 15, but shall not be used on any stems >6 feet tall and shall not be used from September 16 – March

- Cut stump treatments may be used on stems <3 inches dbh at any time between July 15 and March 31, but cut stump treatments on stems >3 inches dbh may only be used between November 1 and March 31. All stumps must be treated with an herbicide labeled for cut stump applications.

- Stems >3 inches dbh may be treated with a double girdle at any time between July 15 and March 31. If girdled, each girdle should be deep enough to sever the cambium and must be continuous around the circumference of the tree, and the girdles must be at least 6 inches apart.

The lower girdle shall be treated with an herbicide labeled for cut-stump or basal bark applications.

- Any stems >10 feet tall and within 100 feet of any paved area that are tall enough to fall onto the paved area should be directionally felled away from the paved area and stump treated

- A forestry mulcher or other brush mowing equipment may be used anywhere within the prescription area, but only in dry and frozen ground conditions. All resulting stumps must be treated at the time of mulching or mowing with a cut stump herbicide application. Areas 2 and 3 will be primarily treated by forestry mulching. Area 1 is less accessible due to down woody debris but access paths may be cut of only downed woody debris get to desired areas. The contractor shall avoid damaging/rutting sensitive plant communities in all areas. The government reserves the right to stop work if any soil disturbance occurs.

- A 4.53 acre section in Area 1 can only be treated with equipment in frozen ground conditions with the forestry mower. The area will be flagged by government staff prior to the first line item start day (CLIN 0001 - Sep 30).

The following equipment can be used: skid steer with forestry mower, utility tractor, four-wheeler with sprayer, backpack sprayer, chainsaw, no-till drill.

1.3.1.2 Initial Control

All stems of the following species must be treated according to the specifications above:

Common buckthorn (Rhamnus cathartica) Glossy buckthorn (Frangula alnus) honeysuckle (Diervilla lonicera) Siberian elm (Ulmus pumilla) mulberry (Morus alba) Smooth sumac(Rhus glabra) bristly locust (Robinia hispida) black locust. (Robinia pseudoacacia)

Stems that are cut by hand must be piled and burned. Piles shall not be larger than 8x8x5’ and greater than 20’ apart. Piles must be burned the same year they are created.

1.3.1.3 Follow-up control

Between July 15 and September 15 of 2025, 2026, 2027, and 2028 a follow-up treatment of any other residual woody invasives shall be completed throughout the site. Follow-up treatments will consist of foliar, basal bark and/or cut stump treatments of resprouts, seedlings and residual untreated stems of all common buckthorn, glossy buckthorn, bush honeysuckle, Siberian elm, bristly locust, black locust, and sumac. In addition, at the time of all follow-up treatments, all herbaceous invasive species shall be controlled within Areas 2 and 3. If foliar sprays are used for follow-up treatments, they must be implemented while leaves are green and photosynthesizing.

Efforts must be made to reduce impacts to non-target species.

1.3.1.4 Prairie seeding

Area 2 will be seeded to native prairie in the October 1st – December 31st 2028 once follow up treatments are completed. In addition, any area that is forestry mowed in area 3 must also have a supplemental seeding using the seed mix listed below to assist in deterring herbaceous invasives in the area. Motorized equipment (tractor, no till drill, seeder) must be utilized to accomplish this. The seed mix below should be used.

Seeding specifications are listed below:

a. Herbaceous species richness will consist of at least five species of native grasses, at least two of which will be native cool-season grasses, and at least 20 species of native forbs.

b. Native grass cover will be between 40–75 percent.

c. Native forb cover will be at least 25 percent.

d. Seeding Rate: 10lbs/acre

Seed mix must have a minimum of the species listed on the next page:

Required Seed Mix

Common Name Big Bluestem Sideoats Grama Prairie Brome Canada Wild Rye Slender Wheatgrass Switchgrass Little Bluestem Indiangrass Prairie Dropseed Anise Hyssop Common Milkweed Canada Milkvetch White Wild Indigo Partridge Pea White Prairie Clover Purple Prairie Clover Showy Tick Trefoil Rattlesnake Master Ox-eye Sunflower Meadow Blazing Star Prairie Blazing Star Wild Bergamot Virginia Mountain Mint Yellow Coneflower Black-eyed Susan Compass Plant Stiff Goldenrod Smooth Blue Aster New England Aster Purple Meadow Rue Hoary Vervain Culver's Root Golden Alexanders

Scientific Name Andropogon gerardii Bouteloua curtipendula

Bromus kalmii Elymus canadensis Elymus trachycaulus Panicum virgatum Schizachyrium scoparium Sorghastrum nutans Sporobolus heterolepis Agastache foeniculum Asclepias syriaca Astragalus canadensis Baptisia alba Chamaecrista fasciculata Dalea candida Dalea purpurea Desmodium canadense Eryngium yuccifolium Heliopsis helianthoides Liatris ligulistylis Liatris pycnostachya Monarda fistulosa Pycnanthemum virginianum Ratibida pinnata Rudbeckia hirta Silphium laciniatum Solidago rigida Symphyotrichum laeve Symphyotrichum novae-angliae Thalictrum dasycarpum Verbena stricta Veronicastrum virginicum Zizia aurea

W912ES24Q0121

1.3.1.5 Treatment Schedule

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 treatment. The contractor may work anytime between those dates, given that site conditions are appropriate, and the Government has given approval to proceed. In addition, within 20 business days of contract award, the contractor shall submit to the Government a tentative work schedule for the contract period. The Contractor’s submitted work schedule is not binding and may be updated as needed; it is intended to allow the Government to prepare and plan around the contractor’s work schedule. The Contractor’s tentative work schedule shall in no way supersede the Begin and End Dates provided in this contract.

2 MEASUREMENT AND PAYMENT

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

Quotes should be based on the estimated acreage listed below.

2.1 Schedule of items

CLIN

Begin and End Date

Activity Units Unit Type

Cost/Unit Total Cost

Sep 30th- March 31st

Initial control areas 1, 2, and 3 Cut stump Treatment

34.56 ac

July 15th - September 15 2025

Follow up control 34.56 ac

July 15th - September 15 2026

Follow up control 34.56 ac

July 15th - September 15 2027

Follow up control 34.56 ac

July 15th - September 15 2028

Follow up control 34.56 ac

October 1st- December 31st 2028

Prairie seeding area 2, 3 11.74 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

An on-site post-award meeting must be held within 15 business days of contract award. The Contractor’s POC must be on site for this meeting as well as the Contractor’s qualified on-site lead. 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 Minnesota Duty Officer can be reached at 1-800-422-0798 for spills occurring in Minnesota.

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.

The Government reserves the right to stop work immediately if it determines that treatments are being conducted in a manner that will negatively impact non-target species and work may be suspended until the Contractor has provided a plan for resolving the issue that is determined to be sufficient by the Government.

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

Pricing schedule Certified applicator list, with copies of certification credentials On-site lead qualifications, with documentation of education and documentation of experience

10.2 To be submitted after contract award

Contractor’s work schedule Certificate of Liability Insurance Contractor’s safety plan Herbicide plan with herbicide list and herbicide application schedule Post-application herbicide reports

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 SAM.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).

Quote MUST include the following:

• Completed Pricing schedule (with Unit [per acre] pricing)

• Certified applicator list, with copies of certification credentials

• On-site lead qualifications, with documentation of education and documentation of experience

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 34.56 Acre Initial Control - Areas 1, 2 & 3

FFP

Initial Control of Areas 1, 2 and 3 - Cut Stump Treatment - 30 SEP 2024 through

31 MAR 2025

FOB: Destination

PURCHASE REQUEST NUMBER: W81G6741925883

PSC CD: F008

NET AMT

1001 34.56 Acre OPTION OPTION 1 - Follow Up Control

FFP

Follow Up Control of Areas 1, 2 and 3 - 15 JUL 2025 through 15 SEP 2025 FOB: Destination

2001 34.56 Acre OPTION OPTION 2 - Follow Up Control

FFP

Follow Up Control of Areas 1, 2 and 3 - 15 JUL 2026 through 15 SEP 2026

3001 34.56 Acre OPTION OPTION 3 - Follow Up Control

FFP

Follow Up Control of Areas 1, 2 and 3 - 15 JUL 2027 through 15 SEP 2027

4001 34.56 Acre OPTION OPTION 4 - Follow Up Control

FFP

Follow Up Control of Areas 1, 2 and 3 - 15 JUL 2028 through 15 SEP 2028

4002 11.74 Acre OPTION OPTION 4 - Prairie Seeding Areas 2 & 3

FFP

Prairie Seeding of Areas 2 and 3 - 1 OCT 2028 through 31 DEC 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 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 30-SEP-2024 TO

14-JUL-2025

N/A EASTERN AREA ENGINEER

902 E 2ND ST STE 302

WINONA MN 55987-6510

651-290-5862

966323

1001 POP 15-JUL-2025 TO

14-JUL-2026

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 15-JUL-2026 TO

14-JUL-2027

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 15-JUL-2027 TO

14-JUL-2028

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 15-JUL-2028 TO

30-SEP-2028

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-OCT-2028 TO

31-DEC-2028

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

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

NOV 2023

52.223-1 Biobased Product Certification MAY 2024 52.223-2 Reporting of Biobased Products Under Service and

Construction Contracts.

MAY 2024

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 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 FEB 2024 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)

52.212-2 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. Technical Qualifications

• Certified applicator list, with copies of certification credentials

• On-site lead qualifications, with documentation of education and documentation of experience

ii. Past Performance

iii. Price

When combined, technical qualifications and past performance are equal to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024) ALTERNATE I (FEB 2024)

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…