0803 ORD Silviculture Contract_12363N23Q4171.docx

Combined Synopsis/Solicitation Solicitation Number: 12363N23Q4171 0803 ORD Silviculture Contract Dated: 05/17/2023

This order is a request for quotations (RFQ). The document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2023-02/3-30-2023.

The associated North American Industrial Classification System (NAICS) code for this procurement is 115310, Forestry Support Activities a small business size standard of $34.0 Million.

Contracting Office Zip Code: 31024 (Eatonton, GA) Product Service Code: F099 – Natural Resources/conservation- Other Contracting Office Address: 1400 Independence Ave., S.W.; MS-1138; Washington, DC 20250 Set Aside: None. Full & Open.

All interested companies shall provide quotations for the following:

Commercial Item – Service

FY2023 TSI/PCT PROJECT

CHATTAHOOCHEE-OCONEE NATIONAL FORESTS

OCONEE RANGER DISTRICT

Jasper, Oglethorpe & Greene Counties, Georgia

SCHEDULE OF ITEMS

Number

Quantity

& Foliar

*Quoted prices must include all labor, materials, tools, etc. necessary to complete work.

NOTE 1 - Quoters must submit prices for all Items to be considered for award for that item.

Invoice Processing Platform (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors must enroll at https://www.ipp.gov/vendors/enrollment-vendors.htm. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

Quoter Information

Prices Submitted By

Email:

SUBMITTING QUOTE/STATEMENT OF WORK:

1. SCOPE & LOCATION

Line Item 1: Claybourne Midstory Removal – Cut Stump and Foliar Herbicide Treatment Midstory Removal treatments will be performed in Claybourne timber sale unit 7. Treatments will require the use of chainsaws, brush cutters or other manual hand tools; as well as using backpack sprayers and/or spray bottles for application of herbicide. Sub-merchantable stems less than 6 feet in height would be treated with herbicides using the foliar method. Stems over 6 ft and height and less than 10 inches in diameter at breast height (dbh) would be treated with herbicides using the cut-stump method. This activity includes treatment of sub-merchantable trees and stump sprouting vegetation using a combination of cut-surface and foliar applications of herbicides to prepare areas for advanced regeneration. Typical vegetation to be treated by foliar are stump sprouting hardwoods less than 6 feet in height throughout the units. Cut stump vegetation to be treated are varying hardwoods.

The contractor will provide all labor, supervision, transportation, equipment, tools, herbicide, herbicide carriers or adjuvant, herbicide dye, permits and licenses, worker personal protective equipment (PPE), and incidentals necessary to perform the required work in accordance with the Solicitation, Provisions, Contract Clauses, and Scope of Work.

Contractors shall have both a pesticide contractor’s license and professional applicator’s license with the State of Georgia. All contractor crew leaders must be certified to apply herbicides in the state of Georgia and must be on-site at all times (Georgia State Pesticide Applicator’s license). Crew leaders must be certified in the category related to the project; this project requires Forestry certification. Documentation of certification must be provided with quote.

Work will be accomplished in strict accordance with the standards defined in this contract. Tasks will be completed to the Acceptable Quality Level (AQL) specified in the table at the end of this document listing the Performance Assessment Methods and the Acceptable Quality Levels.

Line Item 2: Dan Gunn I NNIS- Cut Stump Herbicide Treatment Pre-harvest NNIS herbicide treatment will be performed in the Dan Gunn I Timber Sale for timber stand improvement. Treatments are to improve wildlife habitat and reduce the spread of invasive species during timber harvest operations. NNIS treatments will require the use of chainsaws, brush cutters or other manual hand tools; as well as using backpack sprayers and/or spray bottles for application of herbicide. Stems of target species (kudzu, privet, autumn olive) would be treated with herbicides using the cut-stump method. Marked timber will not be treated by the cut stump method unless explicitly stated by Forest Service Personnel.

The contractor will provide all labor, supervision, transportation, equipment, tools, herbicide, herbicide carriers or adjuvant, herbicide dye, permits and licenses, worker personal protective equipment (PPE), and incidentals necessary to perform the required work in accordance with the Solicitation, Provisions, Contract Clauses, and Scope of Work.

Contractors shall have both a pesticide contractor’s license and professional applicator’s license with the State of Georgia. All contractor crew leaders must be certified to apply herbicides in the state of Georgia and must be on-site at all times (Georgia State Pesticide Applicator’s license). Crew leaders must be certified in the category related to the project; this project requires Forestry certification. Documentation of certification must be provided with quote.

Work will be accomplished in strict accordance with the standards defined in this contract. Tasks will be completed to the Acceptable Quality Level (AQL) specified in the table at the end of this document listing the Performance Assessment Methods and the Acceptable Quality Levels.

Line Item 3: Check Redlands NNIS- Foliar Herbicide Treatment Non-Native and Invasive Species (NNIS) Herbicide treatments will be performed near the Check Redlands timber sale. NNIS treatments will require the use of backpack sprayers for application of herbicide. Foliage of target species (Kudzu and Privet) will be sprayed to reduce competition and improve growing conditions for existing natural regeneration. Foliar treatment will require backpack sprayers and/or spray bottles for application of herbicide.

The contractor will provide all labor, supervision, transportation, equipment, tools, herbicide, herbicide carriers or adjuvant, herbicide dye, permits and licenses, worker personal protective equipment (PPE), and incidentals necessary to perform the required work in accordance with the Solicitation, Provisions, Contract Clauses, and Scope of Work.

Contractors shall have both a pesticide contractor’s license and professional applicator’s license with the State of Georgia. All contractor crew leaders must be certified to apply herbicides in the state of Georgia and must be on-site at all times (Georgia State Pesticide Applicator’s license). Crew leaders must be certified in the category related to the project; this project requires Forestry certification. Documentation of certification must be provided with quote.

Work will be accomplished in strict accordance with the standards defined in this contract. Tasks will be completed to the Acceptable Quality Level (AQL) specified in the table at the end of this document listing the Performance Assessment Methods and the Acceptable Quality Levels.

Line Item 4: Wire Skull Release- Foliar Herbicide Treatment Tree release and weed foliar treatments will be performed in Wire Skull, compartment 166 stands 3 and 13, to reduce competition and improve growing conditions for existing natural regeneration. Vegetation to be treated with foliar are hardwoods less than 6 feet in height throughout the unit. Foliar treatment will require backpack sprayers and/or spray bottles for application of herbicide.

The contractor will provide all labor, supervision, transportation, equipment, tools, herbicide, herbicide carriers or adjuvant, herbicide dye, permits and licenses, worker personal protective equipment (PPE), and incidentals necessary to perform the required work in accordance with the Solicitation, Provisions, Contract Clauses, and Scope of Work.

Contractors shall have both a pesticide contractor’s license and professional applicator’s license with the State of Georgia. All contractor crew leaders must be certified to apply herbicides in the state of Georgia and must be on-site at all times (Georgia State Pesticide Applicator’s license). Crew leaders must be certified in the category related to the project; this project requires Forestry certification. Documentation of certification must be provided with quote.

Work will be accomplished in strict accordance with the standards defined in this contract. Tasks will be completed to the Acceptable Quality Level (AQL) specified in the table at the end of this document listing the Performance Assessment Methods and the Acceptable Quality Levels.

Line Item 5: Check Redlands Precommercial Thinning Precommercial thinning treatments will be performed in within the Check Redlands TS Compartment 185 stand 15. The primary objective is the removal of undesirable trees, shrubs and non-native invasive species competing with pine seedlings/saplings by means of chainsaw and/or handtool applications within the project area. A precommercial thinning would be prescribed at a 12 x 12 foot spacing (303 trees per acre) around planted shortleaf/loblolly pine saplings. Shortleaf Pine should be given preference for residual stocking if both loblolly and shotleaf pine are present.

The contractor will provide all labor, supervision, transportation, equipment, tools, worker personal protective equipment (PPE), and incidentals necessary to perform the required work in accordance with the Solicitation, Provisions, Contract Clauses, and Scope of Work.

Work will be accomplished in strict accordance with the standards defined in this contract. Tasks will be completed to the Acceptable Quality Level (AQL) specified in the table at the end of this document listing the Performance Assessment Methods and the Acceptable Quality Levels.

PERIOD OF PERFORMANCE

Date of Award to 30 September 2023

All treatments Estimated Start Date: June 30, 2023 Contract Duration: 3 months (90 days) Completion Date: September 30, 2023

LOCATIONS AND DESCRIPTIONS

Areas to be treated are located within the boundaries of:

See attached Project Maps for locations of project sites. All area boundaries are marked with orange paint or flagging.

PRE-BID TOUR

No pre-bid tour is scheduled. Contact the COR for questions. Or see SAM.gov for changes.

PRE-WORK CONFERENCE

A conference will be held prior to the start of work on any contract awarded. The Contracting Officer (CO) and/or Contracting Officer’s Representative (COR) will meet with contractor to discuss contract items, work performance requirements, government furnished materials and work conditions pertaining to the contract. The contractor’s operating plan outlining the schedule of performance, inspection system, and any other submittals required will be due at this time. Location of conference will be determined by the Forest Service, in consultation with the contractor. The COR will contact the contractor to schedule the pre-work conference to take place within 15 days of award.

Project Progression

All Items This item shall be completed by September 30, 2023. If contract is extended, work shall not be completed during period of heavy sap flow of early spring (March 01 through May 15).

Technical Specifications Item 1-4: Midstory Removal -Cut Stump and Foliar Contractor will supply herbicide (s), including surfactants, adjuvant, and spray pattern indicators used on the Chattahoochee-Oconee National Forests.

Contractor will be required to post “Public Notice” signs at each treatment area. The signs (furnished by Forest Service) should be filled out with specific treatment information and posted (usually stapled to a tree) in an easily seen location near the access point to each reatment area.

Contractor will be required to mix herbicides for each project work. Water for mixing will be available at District office. Partner or its sub-contratcor will mix and apply herbicides in accordance with the label directions and Worker Protection Standards (WPS).

Contrtactor will be required to record daily herbicide use for each area treated. A standard form to record herbicide use and other relevant information will be provided by the Forest Service

VEGETATION TO BE TREATED

· Cut Stump Method:All live sweetgum, red maple, blackgum, yellow-poplar,sourwood, sassafras, kudzu, red bud, autumn olive, and privet, locust from over 6 feet tall and up to 10 inches DBH shall stump sprayed with a 50% solution of triclopyr amine (Garlon 3A) and water, plus the labeled amount of non-ionic surfactant and blue dye, unless described otherwise to be left untreated (see section below).

· Foliar Method: All live trees and brush less than or equal to 6 feet in height shall be treated by foliar spray using a 4 percent solution of triclopyr amine (Garlon 3A), unless described otherwise to be left untreated.

Treatment and mixing rates should be applied for treatment method as follow:

VEGETATION NOT TO BE TREATED

· Oak and Hickory

· Area Boundary trees (orange paint-3 slashes)

· Red-painted Forest Service boundary trees

· Trees outside treatment area boundary

· Dogwoods

· Persimmons

· Loblolly pine saplings/poletimber trees

· Live den trees- trees with noticeable cavities and hollows (wildlife trees)

· Other trees designated by the COR/Inspector

Foliar Procedure

1. A 4 percent solution of triclopyr amine (Garlon 3A) mixed with water and compatible surfactant, hereafter referred to as herbicide, will be used for foliar applications.

2. A colored dye shall be added to herbicide solution as an aid to indicate foliar treatment.

3. Foliar application of herbicides will be applied to trees less than or equal to 6 feet in height in accordance with specifications described (above).

4. Herbicides shall be applied to foliage of target vegetation with compression pump backpack sprayer with tip capable of producing a flat/fan spray for directed foliar applications.

5. Foliage of target vegetation shall be thoroughly wetted with herbicide solution, but not to the point of herbicide run-off.

6. Applications should be directed away from non-target vegetation.

7. Foliar applications will not be made during rain events, when rain is imminent, or when foliage is still wet from a recent rain event.

8. Foliar applications of triclopyr amine shall be made between the period of June 30 and September 30.

CUT STUMP PROCEDURE

1. A 50% solution of triclopyr amine (Garlon 3A) when mixed with water, plus the labeled amount of non-ionic surfactant, hereafter referred to as herbicide, will be used for cut stump applications.

2. A colored dye (blue) shall be added to herbicide solution as an aid to indicate stump treatment.

3. All trees designated for treatment shall be completely severed from the stump and made to lie on the ground.

4. Stump heights shall be no higher than 12 inches.

5. Trees shall be cut before herbicide is applied, with height of cut stump not to exceed six inches in height as measured from ground surface on uphill side of tree to top of stump.

6. Sawdust will be removed from stump surface prior to application of herbicide.

7. For stumps greater than 4 inches in diameter, herbicide shall be applied to the outer one inch of cut stump surface using compression pump backpack sprayer or other spray devise capable of delivering the herbicide.

7. Cut Stump applications will not be made during rain events, when rain is imminent, or when foliage is still wet from a recent rain event.

8. Cut Stump applications of triclopyr amine shall be made between the period of June 30 and September 30.

PESTICIDE USE, STORAGE AND TRANSPORTATION

The contractor will supply all herbicide(s) used on the Chattahoochee-Oconee National Forests. The cost per acre for herbicide required should be reflected in the Pricing Schedule and based on the application methods.

Contractor will be required to post “Public Notice” signs at each treatment area using herbicides. The signs (furnished by the Forest Service) should be filled out with specific treatment information and posted (usually stapled on a tree) in an easily seen location near the access point to each treatment area.

The contractor will maintain an accurate daily treatment log of work activities and chemicals applied in treatment sites, with a copy made available to FS at billing or upon request. The daily log will be maintained for each product (if applied separately) for each site. The daily log must record the following:

a. Date

b. Name of licensed commercial applicator (first and last name)

(1) chemical used (product name),

(2) quantity of herbicide (calibrated volume and volume applied & unit of measure – including carrier and dilutant),

(3) product rate (label rate in which the product is applied (oz/acre)

(4) adjuvant used (product name & rate applied, if any).

j. Weather information

(1) air temperature (°F)

(2) relative humidity (percent)

(3) wind speed and unit of measure (MPH or knots)

(4) wind direction (E, N, NE, S, SE, SW, W, NW)

(5) daily precipitation (inches).

k. Optional information such as any miscellaneous notes or observations should be included.

Contractor shall adhere to the following standards associated with pesticide use:

· Herbicides shall be applied at the specified rates described above;

· Contractor shall ensure that their workers or sub-contractors use proper protective clothing and safety equipment required by labeling for the herbicide and application method;

· Application equipment, empty herbicide containers, clothes worn during treatment, and skin are not cleaned in open water or wells. Mixing and cleaning water must come from a public water supply and be transported in separate labeled containers;

· No herbicide is applied within 100 horizontal feet of perennial or intermittent streams – buffers will be marked by the Forest Service prior to applications;

· Herbicide mixing, loading, or cleaning areas in the field are not located within 200 feet of private lands, open water or wells, or other sensitive areas identified by the Forest Service;

· Contractor will be required to mix herbicides for each project work. Water for mixing will be available at District Office or Work center (access based on prior arrangement with COR). Contractor will mix and apply herbicides in accordance with the label directions and Worker Protection Standards (WPS).

· Equipment used for storage, mixing, transporting, or applying herbicides is inspected daily for leaks;

· Herbicides shall not be applied when weather conditions are outside of the parameters described in the table below:

Than Wind (at target) Greater Than

Ground:

Hand (cut surface) Hand (other)

N.A.

98°F

N.A.

20%

N.A.

15 mph

Mechanical:

Liquid Granular

95°F N.A.

30% N.A.

10 mph 10 mph

· Herbicides are not applied when there is a high probability of rain or after rainfall events when vegetation to be treated is still wet;

· Herbicide mixing, loading, or cleaning areas in the field are located at least 50 feet from ephemeral streams – buffers will be marked by the Forest Service prior to applications.

OTHER PESTICIDE STANDARDS

(1) Permits and Responsibility for the Work

Contractor and/or its subcontractors shall, without additional expense to the Forest Service, be responsible for obtaining any necessary licenses certifications and permits, including a valid GA Commercial Pesticide Applicator License, and adhering to municipal laws, codes, and regulations in connection with the use of pesticides under this contract. Contractor will be responsible for full compliance with all applicable provisions of the EPA Agricultural Worker Protection Standard (WPS), 40 CFR Part 170.

(2) Training

Contractor and/or its sub-contractor will instruct each applicator crew member in the safe use of the herbicide(s) to be applied so as to protect themselves and the environment. The suggested areas to be covered are safe handling and proper application, transportation, storage, and disposal of the containers as shown herein. Techniques of eye wash and personal hygiene should also be part of the training.

(3) Transportation of Herbicides

Contractor and/or its sub-contractor is legally responsible for the safe transportation of herbicides.

Contractor and/or its sub-contractor shall follow travel routes designated by the Forest Service when transporting herbicides from the public road system to the treatment sites. Transport vehicles shall be parked inside the treatment site or in an area designated by the Forest Service.

Transportation of herbicides used on this contract shall be in accordance with label instructions and the general approved and accepted procedures for safe transportation of herbicides. The following precautions should be taken by the Contractor/sub-contractor to prevent spills, accidents, injury or theft:

1. Transport herbicides in the cargo compartment of a truck or other vehicle away from the passenger compartment.

2. No personnel should ride in the back of a vehicle with the herbicide.

3. All herbicide containers should be tied down or otherwise constrained to prevent breakage or spillage.

4. Pesticides should not be transported in the same compartment with food or clothing.

5. If any herbicide is spilled in-or-from the vehicle it should be cleaned up at once.

6. Unlocked herbicides should not be left unattended.

(4) Handling and Application of Herbicides

Personnel handling herbicides should wear protective clothing and/or equipment as recommended by the herbicide manufacturer. Herbicide shall not be applied or equipment cleaned outside of areas designated by Forest Service.

Following these simple rules will help make the use of the herbicide safer for everyone:

1. Read the safety information on the label.

2. Wear the proper protective clothing.

3. Keep first aid equipment and supply of clean water readily available, including soap and eye wash equipment meeting OSHA regulations.

4. Don`t work alone.

5. Keep the container below eye level when pouring to avoid splashing or spilling any herbicide on the face or into the eyes.

6. If herbicides are spilled, stop immediately, wash out eyes if contaminated and remove contaminated clothing. Wash the skin thoroughly with soap and water. Speed is essential. Once clean, put on clean protective clothing and equipment and clean up the spill. See a physician as appropriate.

7. Keep measuring cups and other equipment clean and properly stored when not in use.

8. Wash hands carefully before relieving yourself, eating, or smoking.

(5) Herbicide Spills

Contractor shall be responsible for all costs of damages, clean-up, and decontamination should a herbicide spill occur. A Spill Plan will be provided by the Forest Service at the pre-operations meeting or prior to commencing project work. Contractor/sub-contractor is responsible for providing a spill kit for project work. The spill kit shall be carried to project work areas daily. Recommended spill kit contents include:

· 2 pairs of nitrile gloves

· 1 pair of non-vented goggles

· 1 shop brush or whisk broom

· 6 polyethylene bags with ties

· 1 pint liquid detergent

· 1 polyethylene or plastic tarp

· 10 blank labels

· 1 ABC type fire extinguisher

· 30 lbs. absorbent material (kitty litter)

· 2 eyewash bottles (filled)

· 1 round point shovel

· 1 roll of flagging

· 1 roll of duct tap If a spill occurs, every effort will be made to keep it from contaminating water and other off-site areas. The spill shall be cleaned-up as quickly as possible. Appropriate Federal, State and local officials will be notified as appropriate. Herbicide spills shall be handled in accordance with the standard procedures for spill clean-up. (40 CFR 117) Forest Service representatives delegated for the project shall be notified immediately of any herbicide spill or accident.

(6) Storing Herbicides

Herbicides used on this contract will not be stored or left overnight except at storage facilities approved by the Forest Service. Unused herbicides will be returned to the approved securely locked storage facility as designated by the Forest Service at the end of each work day.

(7) Disposal of Herbicide Containers

Contractor shall follow all label directions for rinsing empty herbicide containers prior to disposal. No empty containers will be left at the worksite and must be disposed of properly in accordance to the label.

Item 5: Pre-commercial Thinning Pre commercial thinning will be accomplished by completely severing all woody vegetation except for shortleaf, and dogwood stems within 12 ft of target pine crop trees.

Crop trees will consist of the most dominant (tall, well formed – free of defects) pine seedlings and saplings. Crop tree species are loblolly pine and shortleaf pine, with shortleaf pine having a greater emphasis for retention.

Pine saplings larger than 5 inches DBH will not be cut, however, they will be included in the crop tree spacing.

Hardwood seedlings ad saplings (excluding appropriate reserve trees) 2 feet and greater in height, up to 5 inches DBH, will be considered crop trees in areas void of pine species. Mast producing species such as Oak and Hickory will be priority crop trees in areas void of pine species.

Hardwood stems (excluding reserve trees) 5 inches DBH and larger will be double girdled (double girdle: saw kerf width severed through cambium, completely around stem two separate times). Girdles will not be greater than 6 inches apart.

All cut trees will be completely severed from the stump (under 12 inches in height) and will lay flat on the ground (no trees will be left leaning into crop trees).

Reserve trees

· Shortleaf pine

· Oak and Hickory species 5 inches DBH and greater

· Dogwood species greater than 3 inches DBH

· Any species greater than 10 inches DBH containing hollow cavities beneficial to wildlife (upon agreement with COR or inspector).

Equipment Requirements:

Equipment used must be of sufficient power and size to cut stems ranging from 2 inches to 4.9 inches DBH. Brush cutters and chainsaws are the ost practical implements to complete the required work.

Equipment operators must wear the required personal protective equipment when operating equipment including, but not limited to:

· Hearing protection

· Chainsaw chaps

· Helmet

· Safety Glasses Measurement and Payment The Forest Service will monitor progress of Contractor to determine that work meets performance standards. Visual observation will be used. In addition, the COR/Inspector shall take standard 1/100th acre inspection plots by random sample. Each Area will be inspected separately, and the results will not be averaged.

For the herbicide application component of this project, the Forest Service inspector shall inspect the herbicide application within 30 days of application. This should generally provide time for the effects of the herbicide to become evident. Indications of herbicide application and incipient mortality shall be evident by visual deterioration of the treated plants, including drooping, wilting, chlorosis, interrupted seed maturation, and drying of plant parts (stem, leaves, reproductive parts), beyond recovery. Inspections shall determine both the adequacy of coverage of the project area and the efficacy of the application to the target species.

Forest Service inspections will be documented on Daily Diaries and placed in the contract file. If work in part of an Area does not meet the Acceptable Quality Level given above, a Notice of Non-Compliance will be issued by the COR. The COR may issue other cure notices if work is not being performed in a timely manner or does not comply with contract specifications.

Upon completion of an Area and notification by the Contractor, the COR or designated Inspector shall make an overall inspection of that Area. If a need for remedial work prior to acceptance is reflected by the COR/Inspector`s overall inspection, or by plot sample results, such remedial work will be performed before the Contractor moves to the next Area (if applicable). Contractor will not receive payment for unaccepted work until remedial work has been completed and accepted by COR/Inspector. If the inspection results in acceptance of the Area, the Contractor may immediately proceed with work on the next area(if applicable).

Performance Assessment Methods and Acceptable Quality Levels (AQL)

Items 1 – 4

Items 5 Site Prep- Cut Stump & Foliar Treatment (Item 01-4): At least 90 percent of vegetation within treatment areas is treated in accordance with technical specifications

PCT- At least 90 percent of vegetation within treatment areas is treated in accordance with technical specifications Minimum 90 percent of vegetation to be treated is treated properly and in accordance with technical specifications.

At least 90 percent of vegetation within treatment areas is treated in accordance with technical specifications Visual inspection by COR or Inspector and use of random plots data within two days of manual treatments, excluding weekends and federal holidays.

For herbicide treatments, final inspections will be made not sooner than 29 days after herbicide applications to allow for effects of herbicide to become apparent.

Contractors not meeting the AQL at the final inspection will be required to perform remedial work prior to acceptance and payment. Such remedial work shall be performed at the Contractor’s expense.

If the AQL is not achieved after Contractor performs remedial work, a 2 percent reduction will be made in the award price and the government may require a third entry to correct unsatisfactory work at the Contractor’s expense.

If the AQL is not achieved after Contractor performs remedial work, a 2 percent reduction will be made in the award price and the government may require a third entry to correct unsatisfactory work at the Contractor’s expense.

Sustainable Acquisitions The Contractor shall comply with FAR Part 23 Sustainable Acquisition Policy and all associated laws, rules, regulations, and executive orders referenced therein. Contracts that include the supply of products and for the acquisition of services (including construction) that include the supply of products, require that the products provided are—

(1) Energy-efficient (ENERGY STAR® or Federal Energy Management Program (FEMP)- designated); (applicable if FAR Clause 52.223-15 is included)

(2) Water-efficient; (applicable if FAR Clause 52.223-15 is included)

(3) Biobased; (applicable if FAR Clause 52.223-2 is included)

(4) Environmentally preferable (e.g., EPEAT®-registered, or non-toxic or less toxic alternatives);

(applicable if FAR Clause 52.223-13,14, or 16 are included)

(5) Non-ozone depleting; (applicable if FAR clause 52.223-11,12,20, or 21 are included), and/or

(6) Made with recovered materials (EPA-Designated products) (applicable if FAR clause 52.223-9 or 17 is included).

(b) The required products in the contract actions for services include products that are—

(1) Delivered to the Government during performance;

(2) Acquired by the contractor for use in performing services at a Federally-controlled facility; or

(3) Furnished by the contractor for use by the Government.

Sustainable products identified for this solicitation:

The following is a list of sustainable products that that may be used in t h e performance of this contract. The list is not all inclusive; the Contractor shall research for available products.

Energy-efficient and Water-efficient Products ENERGY STAR® at http://www.energystar.gov/; and FEMP at http://www1.eere.energy.gov/femp/procurement/eep_requirements.html www.epa.gov/watersense None Biobased Products: (requires reporting at www.sam.gov by 10/31 each year) http://www.biopreferred.gov a Diesel Fuel Additives

(1) Any substance, other than one composed solely of carbon and/or hydrogen, that is intentionally added to diesel fuel (including any added to a motor vehicle's fuel system) and that is not intentionally removed prior to sale or use.

(2) Neat biodiesel, also referred to as B100, when used as an additive. Diesel fuel additive does not mean neat biodiesel when used as a fuel or blended biodiesel fuel (e.g., B20). 90% - Minimum Biobased Content.

b Penetrating Lubricants Products formulated to provide light lubrication and corrosion resistance in close tolerant internal and external applications including frozen nuts and bolts, power tools, gears, valves, chains, and cables. 68% - Minimum Biobased Content.

c Gear Lubricants Products, such as greases or oils, that are designed to reduce friction when applied to a toothed machine part (such as a wheel or cylinder) that meshes with another toothed part to transmit motion or to change speed or direction. 58% - Minimum Biobased Content.

d Fuel Conditioners Products formulated to improve the performance and efficiency of engines by providing benefits such as removing accumulated deposits, increasing lubricity, removing moisture, increasing the cetane number, and/or preventing microbial growths within the fuel system. 64% - Minimum Biobased Content.

e 2-Cycle Engine Oils Lubricants designed for use in 2-cycle engines to provide lubrication, decreased spark plug fouling, reduced deposit formation, and/or reduced engine wear. 34% - Minimum Biobased Content.

52.246-4 Inspection of Services--Fixed-Price (AUG 1996) 52.237-1 Site Visit. (APR 1984) Potential contractors for project-specific RFQs are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the costs of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

GOVERNMENT-FURNISHED PROPERTY

None.

EQUIPMENT CLEANING

All soil moving equipment shall be thoroughly cleaned to make it free of soil, noxious weed seeds, vegetative matter or other debris that could contain or hold seeds prior to being delivered to the project site. Equipment shall be considered free of soil, noxious weed seeds and other such debris when a visual inspection by the C.O.R., prior to the equipment being delivered to the site, does not disclose such material present. Disassembly of equipment components is not required. The Contractor shall notify the Forest Service at least five (5) working days prior to moving each piece of soil moving equipment onto the project site, unless otherwise agreed.

The Contractor shall thoroughly clean all soil moving equipment prior to moving them off a project site or between work areas on a project site that are known to be infested with noxious weed species of concern and other work areas, if any, that are free of noxious weed species of concern. Areas known to be infested with specific noxious weed species of concern to the Forest Service shall be noted in the Schedule of Work. The Contractor and the Forest Service shall agree on the methods of cleaning, location for the cleaning and control of off-site impacts, if any.

When new areas of infestation of noxious weeds of concern to the Forest Service are identified on the project site by either the Forest Service or Contractor they shall be promptly reported to the other party.

AGAR 452.236-78 Fire Suppression and Liability. (MAR 2016)

(a) Contractor's Responsibility for Fire Fighting. The Contractor, under the provisions of FAR clause at 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees subject to the following fire classifications listed in subsection (b).

(b) Fire Suppression Costs. The Contractor's obligations for cost of fire suppression vary according to three classifications of fires as follows:

(1) Operations Fire. An "operations fire" is a fire caused by the Contractor's operations other than a negligent fire. The Contractor agrees to reimburse Forest Service for such cost for each operations fire, subject to a maximum dollar amount of [Contracting Officer insert amount]. The cost of the Contractor's actions, supplies, and equipment on any such fire, or otherwise provided at the request of Forest Service, shall be credited toward such maximum. If the Contractor's actual cost exceeds contractor's obligation stated above, Forest Service shall reimburse the contractor for the excess.

(2) Negligent Fire. A "negligent fire" is a fire caused by the negligence or fault of the Contractor's operations including, but not limited to, one caused by smoking by persons engaged in the Contractor's operations during the course of their employment, or during rest or lunch periods; or if the Contractor's failure to comply with requirements under this contract results in a fire starting, or permits a fire to spread. Damages and the cost of suppressing negligent fires shall be borne by the Contractor.

(3) Other Fires on Contract Area. Forest Service shall pay the Contractor, at firefighting rates common in the area or at prior agreed rates, for equipment or personnel furnished by the Contractor at the request of Forest Service, on any fire on contract area other than an operations fire or a negligent fire.

(c) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(d) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall temporarily redirect employees and equipment from the work site for emergency work (anticipated to be restricted to firefighting). This is considered to be within the general scope of the contract. An equitable adjustment for any such redirection of employees and equipment will be made under the FAR clause at 52.243-4, Changes.

(e) Performance by the Contractor. Where the Contractor's employees, agents, contractors, subcontractors, or their employees or agents perform the Contractor's operations in connection with fire responsibilities, the Contractor's obligations shall be the same as if performance was by Contractor.

(f) State Law. The Contractor shall not be relieved by the terms of this contract of any liability to the United States for fire suppression costs recovered in an action based on State law, except for such costs resulting from operations fires. Amounts due to the Contractor for firefighting expenditures on operations fires shall not be withheld pending settlement of any such claim or action based on State law.

LIST OF ATTACHMENTS

1. Attachment A: Attachment A

2. Attachment B: Attachment B_Wage Determination 1974-1218

3. Attachment C: FAR 52.212-1 Commercial Items (Addenda)

4. Attachment D: FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Dec 2022

The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/far/part-52.

The following solicitation provisions apply to this acquisition:

1. Instructions to Quoters- Commercial Items

a. Attachment 1 – FAR 52.212-1 Commercial Items (Addenda)

The following contract clauses apply to this acquisition:

· FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Dec 2022)

The following subparagraphs of FAR 52.212-5 are applicable:

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (DEC 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Oct 2022) ( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

_X_ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section…