1204R419Q0053.pdf

U.S. Forest Service

Region 6 - Western Oregon Acquisition Team

SUDDEN OAK DEATH DISEASE TREATMENT (SOD)

ROGUE RIVER-SISKIYOU NATIONAL FOREST

Solicitation Number: 1204R419Q0053

Release Date: 07 August 2019

Quotes Due: 09 September 2019

Contracting Officer: Eric Oldenkamp (eric.oldenkamp@usda.gov)

Interested companies that wish to submit a quote must follow the instructions in the addendum of Federal Acquisition Regulation (FAR) provision 52.212-1, which is included in this solicitation.

mailto:eric.oldenkamp@usda.gov

Table of Contents

Standard Form 1449

Schedule of Items

Contract Clauses

Performance Work Statement (PWS)

1.0 Introduction

2.0 Definitions

3.0 Contractor Furnished Items

4.0 Government Furnished Property, Supplies, & Services

5.0 Specific Tasks

6.0 Surveillance Plan

7.0 Acceptance

8.0 Measurement and Payment

9.0 Attachments and Exhibits

Solicitation Provisions

8 07

9 09

See next page for the schedule of items.

USDA FOREST SERVICE

ROGUE RIVER-SISKIYOU

NATIONAL FOREST

3040 BIDDLE ROAD

MEDFORD, OREGON 97504

SCHEDULE OF ITEMS

ITEM

NO.

SUB

ITEM

NO.

SCHEDULE OF SUPPLIES/SERVICES ESTIMATED

QUANTITY UNIT UNIT

PRICE AMOUNT

0001 Infected Tree Treatment

0001AA Level 1: < 12 inch DBH, walk-in of 0.00 – 0.50 mile 10 Each

0001AB Level 1: < 12 inch DBH, walk-in of 0.51 – 1.00 mile 5 Each

0001AC Level 1: < 12 inch DBH, walk-in of 1.01 – 2.00 mile 5 Each

0001AD Level 2: 12-24 inch DBH, walk-in of 0.00 – 0.50 mile 6 Each

0001AE Level 2: 12-24 inch DBH, walk-in of 0.51 – 1.00 mile 2 Each

0001AF Level 2: 12-24 inch DBH, walk-in of 1.01 – 2.00 mile 2 Each

0001AG Level 3: > 24 inch DBH, walk-in of 0.00 – 0.50 mile 6 Each

0001AH Level 3: > 24 inch DBH, walk-in of 0.51 – 1.00 mile 2 Each

0001AJ Level 3: > 24 inch DBH, walk-in of 1.01 – 2.00 mile 2 Each

0002 Cutting of Trees & Brush

0002AA Level 1, walk-in of 0.00 – 0.50 mile 20 Acres

0002AB Level 1, walk-in of 0.51 – 1.00 mile 20 Acres

0002AC Level 1, walk-in of 1.01 – 2.00 mile 20 Acres

0002AD Level 2, walk-in of 0.00 – 0.50 mile 20 Acres

0002AE Level 2, walk-in of 0.51 – 1.00 mile 20 Acres

0002AF Level 2, walk-in of 1.01 – 2.00 mile 20 Acres

0002AG Level 3, walk-in of 0.00 – 0.50 mile 20 Acres

0002AH Level 3, walk-in of 0.51 – 1.00 mile 20 Acres

0002AJ Level 3, walk-in of 1.01 – 2.00 mile 20 Acres

0003 Hand Piling & Covering Cut Material

0003AA Level 1, walk-in of 0.00 – 0.50 mile 20 Acres

0003AB Level 1, walk-in of 0.51 – 1.00 mile 20 Acres

0003AC Level 1, walk-in of 1.01 – 2.00 mile 20 Acres

0003AD Level 2, walk-in of 0.00 – 0.50 mile 20 Acres

0003AE Level 2, walk-in of 0.51 – 1.00 mile 20 Acres

0003AF Level 2, walk-in of 1.01 – 2.00 mile 20 Acres

0003AG Level 3, walk-in of 0.00 – 0.50 mile 20 Acres

0003AH Level 3, walk-in of 0.51 – 1.00 mile 20 Acres

0003AJ Level 3, walk-in of 1.01 – 2.00 mile 20 Acres

0004 Raking

0004AA Raking, walk-in of 0.00 – 0.50 mile 20 Acres

0004AB Raking, walk-in of 0.51 – 1.00 mile 20 Acres

0004AC Raking, walk-in of 1.01 – 2.00 mile 20 Acres

0005 Trail Construction

0005AA Road Brushing 1,000 Feet

0005AB Access Trail 2,500 Feet

0005AC Fireline Construction 2,000 Feet

0005AD Fireline Renovation 4,000 Feet

0006 Burning Hand Piles – Mop up - Patrol

0006AA Level 1: < 1 inch consumed, walk-in of 0.00 – 0.50 mile 20 Acres

0006AB Level 1: < 1 inch consumed, walk-in of 0.51 – 1.00 mile 20 Acres

0006AC Level 1: < 1 inch consumed, walk-in of 1.01 – 2.00 mile 20 Acres

0006AD Level 2: < 8 inches consumed, walk-in of 0.00 – 0.50 mile 10 Acres

0006AE Level 2: < 8 inches consumed, walk-in of 0.51 – 1.00 mile 5 Acres

0006AF Level 2: < 8 inches consumed, walk-in of 1.01 – 2.00 mile 5 Acres

0006AG Level 3: Swamper Burn, walk-in of 0.00 – 0.50 mile 2 Each

0006AH Level 3: Swamper Burn, walk-in of 0.51 – 1.00 mile 1 Each

0006AJ Level 3: Swamper Burn, walk-in of 1.01 – 2.00 mile 1 Each

0007 Herbicide Treatment

0007AA Herbicide Treatment, walk-in of 0.00 – 0.50 mile 30 Acres

0007AB Herbicide Treatment, walk-in of 0.51 – 1.00 mile 20 Acres

0007AC Herbicide Treatment, walk-in of 1.01 – 2.00 mile 20 Acres

CONTRACT CLAUSES

The full text of the Federal Acquisition Regulation (FAR) clauses and provisions may be accessed electronically at www.aquisition.gov or http://farsite.hill.af.mil/.

The Following Clauses are Incorporated by Reference:

FAR 52.203-3 – Gratuities (Apr 1984)

FAR 52.204-13 – System for Award Management Maintenance (Oct 2018)

FAR 52.204-18 – Commercial and Government Entity Code Maintenance (July 2016)

FAR 52.212-4 – Contract Terms and Conditions -- Commercial Items (Oct 2018)

FAR 52.223-2 – Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013)

FAR 52.223-3 – Hazardous Material Identification and Material Safety Data (Jan 1997)

FAR 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

The Following Clauses are Incorporated by Full Text:

FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Oct 2018)

(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 items:

(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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 items:

http://www.aquisition.gov/ http://farsite.hill.af.mil/

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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 (Oct 2018) (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).

_X_ (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 (Oct 2015) (31 U.S.C. 6101 note).

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

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

_X_ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

_X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

_X_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (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.)

_X_ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (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.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (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_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

_X_ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

_X_ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

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 (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

___ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 items:

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

_X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

_X_ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

_X_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222- 40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

FAR 52.216-18 -- Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 15 September 2019 through 14 September 2022.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

FAR 52.216-19 -- Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $500,000.00;

(2) Any order for a combination of items in excess of $1,000,000.00; or

(3) A series of orders from the same ordering office within 120 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 4 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

FAR 52.216-21 -- Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 14 September 2024.

(End of Clause)

PERFORMANCE WORK STATEMENT (PWS)

SUDDEN OAK DEATH DISEASE TREATMENT (SOD)

ROGUE RIVER-SISKIYOU NATIONAL FOREST

1.0 INTRODUCTION

The U.S. Forest Service is contracting for land treatment services to treat Sudden Oak Death (SOD) sites that occur on the Rogue River-Siskiyou National Forest. Work includes the cutting of tanoak trees and all brush that is within a designated Pest Management boundary and follow-up actions to slow or eradicate the disease through burning of vegetation and/or herbicide treatments.

This contract will result in a firm-fixed-price requirements type contract. The estimated quantity stated in the schedule reflects the approximate need the Rogue River-Siskiyou National Forest anticipates during the life of the contract. The estimated quantity is not a representation that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. When work is needed, the Government will issue task orders identifying the period of performance and actual quantities of services required. Utilization of the requirements contract has been determined to be appropriate for acquiring SOD needs because the Government anticipates recurring requirements, but cannot predetermine the precise quantities that will be ordered during the contract period.

The scope includes the contractor furnishing all labor, equipment, supervision, transportation, operating supplies, and incidentals in compliance with the contract's terms, specifications and provisions.

1.1 DESCRIPTION OF PROJECT

Location: The project work is mainly located on the Gold Beach Ranger District of the Rogue River-Siskiyou National Forest. Treatment sites are expected to be near Brookings, Curry County, Oregon, but may be located farther north or east within the Rogue River-Siskiyou National Forest, possibly even on other forest districts dependent upon the spread of the disease.

The Gold Beach Ranger District office is located at 29279 Ellensburg Ave, Gold Beach, OR 97444, approximately 27 miles north of Brookings, Or on U.S. 101. All work sites are within approximately 1-hour travel time from the district office. Currently unidentified sites may be farther than this estimate.

The proposed project includes treating newly discovered SOD sites that could potentially be identified and require treatment at any time of the year. Future infestations and treatment sites are uncertain at this time, but the disease is expected to continue in the general vicinity, possibly with a spread to the north and east. The Contractor shall be able to mobilize and have personnel available to respond to new infection treatment sites any time of the year. A task order will be issued immediately following disease discovery and require the Contractor to begin operations within 3 calendar days.

Retreatment of re-sprouted tanoaks could occur on a recurring basis. Topography is moderate to steep. The age range of the conifer and mixed hardwood stands are variable. Tree stem diameters to be cut could range from less than one (1) inch to approximately 40 inches DBH for tanoaks and may include some conifer trees less than 16 inches DBH. Many of the stands are old growth with a tanoak component but some may be tanoak stands which are pure hardwood stands with some areas intermixed with madrone, knobcone pine, and Douglas-fir of all ages. The Contractor will be required to show proficiency in identification of target species. The exact number, acreage, size, and location of treatment sites are unknown at this time.

The project is broken into eight items as follows:

Item 1: Infected tree treatment - Cutting of infected tree(s) and all designated host vegetative material within a 50’ radius of the infected tree(s)

Item 2: Cutting of trees and brush - the cutting and piling of all tanoak trees within a 300’ radius of the identified infected tree(s).

Item 3: Hand piling and covering cut material - All cut material shall be hand piled and covered to facilitate burning.

Item 4: Raking - Raking of all leaves, leaf litter, and small twigs less than one quarter of one-inch diameter within the treatment site boundary into the slash piles for burning after the site has been cut and piled. This item will not be required on all treatment sites. Need will be evaluated on a case by case basis.

Item 5: Trail Construction - Includes road brushing, construction of site access trails and firelines.

Item 6: Burning of hand piles - All hand piles shall be burnt in a timely manner within established burn windows.

Item 7: Herbicide Treatment - Foliar herbicide application of resprouting tanoaks and host vegetation.

1.2 PERIOD OF PERFORMANCE (POP)

The contract’s POP is from 15 September 2019 to 14 September 2022. Task orders issued may have a POP that extends beyond the contract’s POP. FAR clause 52.216-21(f) provides the date that a contractor is no longer required to perform services on issued task orders.

1.2.1 The contractor shall be capable of starting work two weeks after issuence of a task order. Task order performance time will be based upon the following production rates:

Infected Tree Treatment – 10 Trees per day Cutting of Trees and Brush – 6ac per day Hand Piling – 6ac per day Raking – 10ac per day Trail Construction – 1000ft per day Hand Pile Burning Level one and two – 20ac per day Hand Pile Burning Level three – 4 trees per day Herbicide Treatment – 10ac per day

1.3 MINIMUM AND MAXIMUM CONTRACT AMOUNTS

Individual task order limitations are identified in FAR clause 52.216-19.

The contract does not include a guarantee that any task orders will be issued.

The maximum limit of the Contractor’s obligation to perform and the Government’s obligation to order is $4,000,000.00.

1.4 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer (CO) will designate an individual as Contracting Officer's Representative (COR) at time of each task order award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly.

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer.

Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

1.5 BOUNDARIES OF TREATMENT SITES

Treatment site boundaries will be marked with pink flagging labeled “Pest Management” or pink and black candy stripe.

1.6 ACCESS TO PROJECT TREATMENT SITES

Work areas are generally accessible by standard pickup. Four-wheel drive vehicles may be beneficial in improving the access point of individual units. It is the Contractor’s responsibility to reach the work site when it is ready for treatment. The COR will determine the access routes which may be used. Walk-ins to some sites may be required.

The Rogue River-Siskiyou National Forest will arrange access for the Contractor for any treatment sites that require access across private lands other than South Coast Lumber Company.

1.6.1 WALK-IN

Treatment sites may be adjacent to road systems or require a walk-in to access the sites. Government provided measurements shall be used to determine the slope distance from the edge of the treatment site to the closest practical access road.

1.7 COMMENCEMENT AND PROSECUTION OF WORK

For each task order issued, the Contractor shall schedule a pre-work meeting with the COR within seven days before work starts. Before the pre-work, the Contractor shall provide the COR a schedule that identifies milestones.

Before work may begin the Contractor shall designate, in writing, at least one person on site with authority to act in case of the Contactor’s absence from the work site. The Contractor shall list the extent of authority this representative will have on the job. The Contractor or authorized representative shall be on the project site whenever work is in progress. The contractor and authorized representative(s) shall have an oral command of both the English language and the language common the crew(s).

The Contractor must prosecute work diligently, and shall notify the COR of changes to their proposed schedules.

The Contracting Officer may, in writing, require the Contractor to permanently remove from the work any employee found to be working in an unsafe manner. The Contracting Officer’s Representative and/or authorized inspector(s) may, verbally, require the Contractor to remove from the work any employee found to be working in an unsafe manner for that day or until the safety violation is corrected.

Public or private access roads damaged by the Contractor shall be restored, at their expense, to the same condition they were in at the commencement of work.

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment. All parts of the work area shall be left in a neat and presentable condition.

1.8 HAZARDOUS MATERIALS AND SOLID WASTE DISCOVERY

If, in connection with the operation under this contract, the Contractor, subcontractor, or the employees thereof discovers, encounters or becomes aware of any hazardous materials or solid waste on the project area, such as closed glass or plastic containers, barrels, household garbage, chemical and oil spills, the Contractor shall immediately suspend all operations in the vicinity of the hazardous material or solid waste and shall notify the COR of the findings. Operations may resume at the discovery site upon receipt of written instructions from the CO. No objects of hazardous materials or solid waste shall be removed from the project area.

Power saws shall not be refueled within 50 feet of a live stream.

Fuel and oil containers shall be removed from the treatment sites and disposed of in a legal manner.

1.9 FOUND EQUIPMENT

All Government property found on the project area (i.e., fire hose, hand tools, etc.) remains the property of the Government.

1.10 SECURITY OF MATERIALS

The Contractor may leave his equipment and Government-furnished material at the work site. The Contractor will be responsible for the Contractor's equipment and Government-furnished material if it should be lost, stolen or damaged. The Contractor shall reimburse the Government for all lost, stolen or damaged Government-furnished material.

1.11 ENDANGERED SPECIES

The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, or Federal candidate (Category 1 and 2), sensitive or state listed species are discovered to be present in or adjacent to the project area.

1.12 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL RESOURCES

If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any objects or sites of cultural value on the project area, such as historical or prehistorical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the CO in writing of the findings. No objects of cultural resource value may be removed. Operations may resume at the discovery site upon receipt of written instructions.

Pursuant to 43 CFR 10.4(g) the holder of this authorization must notify the CO by telephone, with written confirmation, immediately upon discovery of human remains, funerary items, sacred objects, or objects of cultural patrimony. Further, pursuant to 43 CFR 10.4(c) and (d), the Contractor must stop activities in the vicinity of the discovery and stop work until notified to proceed by the CO.

Where cultural resources are identified or discovered, the Contractor may be required to remove vegetation 25 feet from buffers outside the designated areas.

1.13 POC REQUIREMENTS

In order to prevent the spread of Port-Orford cedar root rot disease and noxious weeds, contractor vehicles shall be washed by a high-pressure washer to remove all dirt and mud from surface and underside of the vehicles prior to entering Forest Service boundary. Equipment and vehicles removed from Forest Service lands during the contract shall be inspected by the COR or designated representative to determine if additional cleaning is required before being allowed to return to Forest Service lands.

POC restrictions require cleaning of boots prior to entering project area if wet conditions exist. Cleaning shall consist of using water obtained from a municipal water source or using a stiff brush at an agreed location. Disposal of water shall occur at a location designated by the COR.

1.14 SAFETY

The Contractor shall certify that their Safety Plan for each task order conforms to the requirements of OSHA. The Safety Plan certification shall be submitted prior to commencing work on task orders. Appropriate actions shall be taken by the Contractor to implement this plan during performance, and to take any and all necessary steps to mitigate the dangers from hazards inherent in this contract for the Rogue River-Siskiyou National Forest.

Prior to any work commencing on the project the Contractor shall have, in addition to the General Safety Plan, a site specific Communication/Emergency Plan. The site specific plan shall be a document giving location of operations, name and phone number of individuals to call in case of an emergency, phone number of nearest fire department, travel route(s) to project location(s), nearest hospital, and fire rescue and ambulance (EMS). If a gate key is needed, this document shall also include where it can be obtained. This plan shall be presented and reviewed by all crew members, and be available to all crew members at all sites during work periods as well as available to the Government for inspection at any time.

1.15 CONTRACTOR QUALITY CONTROL PLAN

A. Quality Control Plan. The Contractor shall provide the COR a Quality Control Plan (QCP) for each task order within five days after it has been issued. The Plan must demonstrate how the Contractor will assure that quality of performance meets the objectives and requirements of the contract. The QCP shall specify:

1. How quality will be monitored to assure performance standards are met.

2. How the work will be supervised.

3. How results of the monitoring will result in quality performance.

4. Identify the personnel responsible for performing quality control.

B. Contractor Quality Control Inspection. The Contractor shall assure itself that performance meets contract specifications, in accordance with clause FAR 52.212-4(a) -- Inspection/Acceptance prior to requesting the Government to inspect for payment or acceptance.

1.16 GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN AND ACCEPTANCE

REQUIREMENTS

A. Government Quality Assurance Inspection – Records and Notification – The Contractor shall maintain adequate records daily to allow the Government to monitor contract progress and for the Contractor to be accountable for work quality. Contractor’s record shall include: 1) treatment site numbers; 2) the number of acres treated; 3) supervisor/inspector name; 5) work quality percentage and 6) supervisor signature and date.

The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Inspections shall be performed on a minimum one percent sample of the treatment site concurrently with the work being done. The inspection results and summary shall be used by the Contractor to gauge compliance with contract specifications. Complete records of all inspection work performed by the Contractor shall be maintained and provided to the CO upon completion of the units.

B. Acceptance - Acceptance of the work under the contract will be made after steps in (A) above have been taken and the Contracting Officer has made the determination of satisfactory compliance with the specifications.

C. Payment – Payment will be based on the Governments inspection results. The Contractor’s inspection results are to be used as a guide for the Contractors use in complying with contract specifications and not as a basis for payment.

D. Rework and Re-inspection after Rework. When inspections indicate that the performance objectives were not met, the work will be deemed unsatisfactory and payment will not be made until the Contractor has corrected the deficiencies. Inspections after rework will be performed in the same manner as the first inspection (visual inspection).

1.17 CERTIFICATION OF COMPLIANCE

Contractor shall certify compliance with specific fire precautionary measures included in the attached Fire Protection and Suppression Forms. The certification shall be made prior to commencement of work on task orders, and shall be updated if at any time during performance the conditions change. The Government may conduct verification inspections to ensure Contractor's compliance.

1.18 PERSONAL PROTECTIVE EQUIPMENT

1. The contractor will train in the safe operation and use of equipment to all workers using such equipment.

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used.

4. The contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

5. The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

6. The contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

7. The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

8. The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.

1.19 LABOR INTENSIVE SERVICE CONTRACT

This contract is subject to the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 United States Code (U.S.C) 1801-1872, and to the U.S. Department of Labor (DOL) regulations implementing MSPA 29 Code of Federal Regulations (CFR) Part 500. MSPA eliminates activities detrimental to migrant and seasonal agricultural workers, requires registration of Farm Labor Contractors, and ensures necessary protection for the workers.

Information regarding MSPA can be found at http://www.dol.gov/whd/mspa/index.htm.

http://www.dol.gov/whd/mspa/index.htm

If workers are hired under the H-2B program, (8 CFR Section 274A provisions of the Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S. to perform temporary labor or services) a Temporary Employment Certification issued by the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration is required. For further information on the requirements of the H-2B program, visit OFLC's website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour's website at http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm.

Compliance with MSPA and the INA is a material condition of this contract. If the contractor employs any unauthorized worker(s) during the performance of this contract that violates section 274A of the INA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

1.19.1 DEFINITIONS

a) H-2B worker: as used in this part means a nonimmigrant holding a visa authorizing the individual to legally work in the US to perform temporary labor or services. A worker with an H-2B visa (H-2B worker) may also be considered a migrant agricultural worker under MSPA depending on the type and nature of work performed.

b) Migrant Agricultural Worker and Seasonal Agricultural Worker: as used in this part means individuals employed for agricultural (including forestry) work on a seasonal or temporary basis.

i. A worker, moving from one seasonal activity to another, is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year.

ii. An overnight absence from the migrant workers permanent place of residence is required.

iii. Members of the contractor's immediate family are not considered migrant or seasonal workers.

Immediate family includes:

• Spouse

• Children, stepchildren, or foster children

• Parents, stepparents, or foster parents, or

• Brothers and sisters

c) Farm Labor Contractor (FLC). As used in this part means a person including an individual, partnership, association, joint stock company or a corporation, who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

1.19.2 REGISTRATION REQUIREMENTS

a) Any contractor providing or hiring H-2B nonimmigrants for work under this contract shall provide a copy of their Temporary Employment Certificate. General information about the H-2B program can be found on Fact Sheet # 78 at http://www.dol.gov/whd/regs/compliance/whdfs78.htm. Contractors can apply for the certificate through the US DOL Employment & Training Administration's on line iCERT Visa Portal System at https://icert.doleta.gov/ or by paper application.

b) Any contractor who meets the definition in (2.c.) above providing or hiring migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Federal DOL Farm Labor Contractor Certificate of Registration (http://www.dol.gov/whd/forms/fts_wh530.htm). The contractor shall carry the certificate at all times while engaged in contract performance and shall display it upon request. Any of the contractor's employees who perform any one or more of the activities defined as an FLC in paragraph (2.c.) must have their own FLC Employee Certificate. General information about MSPA can be found on Fact Sheet #49 at DOL Wage and Hour Divisions webpage http://www.dol.gov/whd/regs/compliance/whdfs49.htm.

1.19.3 CERTIFICATIONS

http://www.foreignlaborcert.doleta.gov/ http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm…