RFQ_Backpack_Hergbicide_Project.doc

COMMERCIAL ITEMS

SOL NO. 1224H818Q0008

Backpack Herbicide Application

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

04/13/2018

814-728-6243

LOCAL TIME

April 30, 2018

4:30 PM EST

INFORMATION CALL:

K. C. Morrison, Purchasing Agent

4 Farm Colony Drive

Warren, PA 16365

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UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100 % FOR

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SMALL BUSINESS FORMCHECKBOX

Women Owned Small

BUSINESS (WOSB)

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HUBZONE SMALL FORMCHECKBOX

Economically Disadvantaged

Women-Owned Small Business (EDWOSB)

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SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A) NAICS:_____________

OWNED SMALL BUSINESS

Size Standard:____________

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

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SEE SCHEDULE

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

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IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

same as 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE same as 9

TELEPHONE N0.

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

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SEE ADDENDUM

Allegheny National Forest Backpack Herbicide Project

CONTRACTOR MUST BE REGISTERED IN

www.sam.gov in order to submit an offer on this project.

Email submissions: kmorrison@fs.fed.us will be accepted. No faxes will be accepted

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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ARE NOT ATTACHED

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ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED

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INSPECTED

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECT FOR

|PARTIAL | |FINAL

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COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.2/2012) BACK

SCHEDULE OF ITEMS

UNIT

NO.

UNIT PRICE

BID TOTAL

PRICE

TOTAL ACRES

TOTAL BID

BIDDERS NOTES:

A.

This is a negotiated procurement; bidders are required to submit a technical and business proposal.

B.

A rate must be included for each item to be considered for award.

C.

Award will be made to one bidder.

D.

This is a performance based service contract; see disincentive on page 11.

VARIATION IN QUANTITY

Although the quantities listed in the schedule are the Government’s best estimate of the acreage to be treated quantities may vary plus or minus 15% with no increase or decrease in unit pricing. If the quantity varies more than 15% above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115% or below 85% of the estimated quantity. No increase in time will be allowed.

(Vendor Name) (Date)

OFFEROR NAME ___________________________________________________

OFFEROR DUNS NUMBER ___________________________________________

OFFEROR EMAIL ADDRESS _________________________________________

OFFEROR PHONE NUMBER ___________________________________________

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

DIVISION 100 – GENERAL SPECIFICATIONS

110 – Scope of Contract The intent of this solicitation and any resulting contract is to apply herbicides on understory vegetation in designated areas on the Allegheny National Forest using a contractor supplied sprayer.

120 – Description and Location

121 – The areas to be sprayed are located on the Bradford Ranger District of the Allegheny National Forest in Warren, McKean and Forest County.

122 –

Unit 208004 is approximately 17 acres and is located in Pleasant Township, Warren County on an OGM road that is accessible from Mohawk Ave. You will be able to drive to the unit. Slope is approximately 10-20%.

Unit 209019 is approximately 8 acres and is located in Mead Township, Warren

County on the North side FR 253-2. You will be able to drive to the unit. Access FR

253-2 from FR438, do not access from Morrison Run Rd. Slope is approximately 10-

20%.

Unit 228026 is approximately 25 acres and is located in Watson Township, Warren County off of SR 3005 approximately 0.3 miles south of FR437. You will be able to drive to the unit. Slope is approximately 0-5%.

Unit 243021 is approximately 8 acres and is located in Cherry Grove Township, Warren County. The unit can be accessed using FR241 and OGM roads. You will be able to drive to the unit. Slope is approximately 0-10%.

Unit 339021 is approximately 9 acres and is located in Kingsley Township, Forest

County. Access the unit from skid trail from the end of FR 116E. An ATV may be useful to shuttle materials to the unit. The unit is fenced and the slope is approximately

0-10%.

Unit 454042 is approximately 15 acres and is located in Hamilton Township, McKean

County. You can drive to the unit and it is accessible off of FR267. Slope is approximately 0-5%

Unit 457041 is approximately 12 acres and is located in Hamilton Township, McKean

County. The stand is accessible from FR142C. Slope is approximately 5-15%.

123 – The general location of and access to each unit will be shown on a project area location map which will be attached to the contract as a pdf. Detailed unit specific maps will be made available to the successful bidder at the pre-work meeting.

124 – Interfering understory vegetation includes fern, grass, rubus, bindweed, beech, birch and striped maple. Each unit will have one or more of these target species identified for treatment, as well as the prescribed herbicide (Oust® XP and RODEO® -are the mandatory brands to be used) to be applied to treat the entire stand area.

130 – Contractor Furnished Property, Services, Responsibilities and Obligations

The contractor shall furnish all equipment (except for that listed as Government Furnished Property), labor, materials, herbicide (OUST® XP and RODEO®), transportation, supervision, and incidentals necessary to apply herbicide in accordance with this contract.

131 – Contractor Supplied Sprayer – As specified in contractor’s proposal.

132 – Project Supervisor – The Contractor shall designate in writing one person on the job to act as the Project Supervisor, representing the company in all contractual matters that require prompt attention. This person should be familiar with all equipment being used and shall attend any pre-work meetings.

Before starting each day’s operations, this person should coordinate all activities between the Government and the Contractor including, but not limited to, logistics, equipment use, and daily plans and schedules. The project supervisor shall notify the district inspector early in the day (by 8 AM) where he plans to work that day, or when he does not plan to work.

133- The contractor may choose to utilize more than one herbicide spray machine at once, with concurrence in writing from the COR 134 – Certification – The contractor shall have a representative on the site to supervise the mixing, loading, and application of herbicide who holds a current pesticide applicator license in the State of Pennsylvania.

135 – Flagging – The contractor shall use only biodegradable or photodegradable flagging.

140 – Government Furnished Property

141 – Radios – The government will supply if requested, King portable radios, batteries, and chargers for the contractor to use for communication between the sprayer operator, crewmembers, and the government inspector while spraying.

DIVISION 200 – TECHNICAL SPECIFICATIONS

210 – Equipment Requirements

To avoid contamination of areas not scheduled for treatment, Contractor must ensure that the spray system has no leaks, and does not have excessive dripping from the nozzles.

220 – Herbicide 221 – The contractor shall furnish the required quantities of sulfometuron methyl and glyphosate herbicide (Oust® XP and RODEO® is the mandatory brand to be used).

222 -- The herbicide carrier will use water obtained from approved domestic water systems or other approved fresh water sources. The Contracting Officer may approve, on occasion, water drafting zones to supplement domestic water trucked to treatment areas, if it is convenient to application operations and the Contracting Officer approves the drafting site prior to drafting. The Allegheny National Forest reserves the right to reject any water drafting zones it regards as unsuitable. Any water supply must be approved by the Forest Service, have no visible suspended sediments, and water hardness not to exceed 60 mg. per liter.

223 -- Additives other than a water soluble dye or approved surfactants may not be used.

230 – Application Rate 231 -- Sulfometuron Methyl and Glyphosate shall be applied at the rate specified in the attached Work Plan Table.

Sulfometuron Methyl is applied in ounces active ingredient per acre. Oust® XP formulation is applied, 2 ounces of Oust ® XP product per acre unless otherwise stated in the work plan table.

Glyphoste is applied in quarts of active ingredient per acre. RODEO® formulation is applied 0.8 quarts of RODEO® product per acre unless otherwise stated in the workplan table.

The application rate shall not exceed 120% of this rate on average of all units treated.

On individual units where the vegetation is very thick or tall, the application rate shall not exceed 150% of the above stated rate.

232 -- Sometimes portions of the treatment area will not be able to be traversed by a motorized sprayer because of steep slopes, pipelines, or large rocks. These areas are expected to be sprayed by back pack hand spraying or using a low volume pump system with a hose and nozzle. See attached Work Plan table for unit specific guidelines.

233 -- Herbicide solution will be applied at the rate of 25 gallons per acre, within limits of ±20% on average of all units, or -25% to +50% on any one unit.

240 – Performance Requirements

241 -- Equipment Calibration and Spray Characterization. The Contractor shall be required to calibrate to the specified application rate and characterize the spray system. Forest

Service personnel will observe this activity which will occur at a mutually agreed upon location, date, and time before work begins on this project, and during the project if required by the Forest Service. Water shall be used for this exercise.

242 -- Mixing – Sites selected for mixing, loading, and cleaning of equipment shall be located so as to prevent contaminating streams, ponds, or spring seeps. The Forest Service will approve all such locations.

243 -- Prior to herbicide application on the ANF, the contractor shall ensure all tanks and application equipment are clean of residual herbicide or material from other applications. When changing from application of a blend of Glyphosate and Oust (Sulfometuron Methyl) to only Oust, the contractor will ensure all residual herbicide is removed from machine or used prior to applying Oust only.

244 -- Prior to starting application on ANF lands, all herbicide application equipment will be visually inspected to ensure it is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. The contractor shall not move herbicide application equipment which last operated in an area that is infested with one or more invasive species of concern (identified prior to operations by the Forest Service) into a treatment block without using whatever cleaning measures are necessary to ensure the equipment is free of noxious weeds. Disassembly of equipment components or specialized inspection tools are not required. The contractor must advise a Forest Service representative what measures were taken to clean the equipment following use on non-ANF lands or an area infested with an invasive species, and arrange for Forest Service inspection prior to use of equipment. Equipment shall be considered free of soils, seeds, or other such debris when a visual inspection does not disclose such material. If the contractor desires to clean the equipment on National Forest land, the contractor and Forest Service shall agree on locations for the cleaning and control of off-site impacts, if any.

250 -- Application

Forest Service personnel have marked spray area boundaries with pink flagging. In accordance with the Forest Service Environmental Impact Statement the following procedures are required:

251 – Before beginning treatment in an area, the COR or designated inspector and the Contractor’s representative will walk through the area to review special conditions or areas to avoid during spraying.

252- A government inspector will be on site during application on and off throughout the day.

253 -- Seeded roads, landings, or gravel pits will not be treated with herbicides.

254 -- When spraying with motorized equipment within 75 feet of outer boundaries of units or buffer strips, equipment shall travel adjacent to the perimeter, with spray directed away from boundary whenever possible. For non-motorized equipment operating near unit or buffer boundaries, care shall be taken to ensure that no herbicide shall drift out of the designated spray area.

255 -- Buffer areas or places where spraying is not permitted will be identified by the COR or the inspector prior to beginning a unit. The boundaries of these buffer areas have been flagged in pink. Minimum required buffer distances for water quality are as follows:

A - 50 feet wide along each side of perennial streams, impoundments, seeps, springs, or intermittent streams flowing water the day of spraying.

B - 10 feet wide along each side of dry intermittent streams, dry springs, and dry seeps.

C - 50 feet wide around wet areas (standing water), including vernal ponds, having no defined outlet.

256 -- Contractor shall avoid damaging saw timber and pole timber crop trees, or snags, with the spray equipment.

257 -- Application of spray material shall be confined to the designated spray area.

258 -- Some units may be treated on weekdays only because of safety concerns caused by access to these units on ATV trails, proximity to private camps, or other reasons.

260 – Climatic Limitations

Spraying operations shall not occur when any of the following conditions exist; determination to spray or not to spray will be made by Forest Service inspector or COR:

261 - The wind exceeds 10 mph in the open or 4 mph under the canopy, or

262 - Rain, fog, or morning dew causes moisture to drip from the foliage, or

263 - Air turbulence (thermal updrafts, etc.) is so great at the spray area as to seriously affect the normal spray pattern, or

264 - Rain is anticipated within 4 hours at the spray area. (The COR or inspector will inform the contractor when the weather conditions indicate that rain is reasonably expected).

265 - Re-spray for Unexpected Rain – Contractor may be required to re-spray any area or portion of an area treated where rain falls within 4 hours of the time of treatment. Compensation will be made to the contractor for this re-spray at the calculated per acre rate for the area within which the re-spray occurs, using the unit bid price and the acreage specified in the Schedule of Items section of this contact.

270 - Records

The Contractor shall maintain an accurate record of the herbicide used on each area. After completing each unit the Contractor’s Project Supervisor will compare his records with the information on the Stand Data Sheet (maintained by the Government) and then sign this form if the information is correct. A copy of the Stand Data Sheet is attached to the contract.

280 - Safety 281 – The Contractor or his Project Supervisor shall report all accidents or incidents associated with this contract to the Contracting Officer within 24 hours. This report shall contain description, cause, and future actions contemplated to avoid future occurrences.

282 -- The Contractor shall comply with all Federal and State regulations for spraying herbicide.

283 -- All persons who may come in contact with the spray solution shall wear protective clothing. Personnel who have significant contact with the spray mist must use respirators.

284 -- The contractor will provide soap and water for personnel to wash with on the job site.

290 – Accidents, Incidents, and Spills

291-- Accidents, as used throughout this contract shall mean destruction or substantial damage to the motorized spray equipment, the spray vehicle, or the service truck, and minor, serious, or fatal injury to personnel.

292 -- Incidents, as used throughout this contract shall mean any mishap, malfunction, or situation involving equipment or personnel, which results in a deviation from standard procedures or has the potential of resulting in an accident, injury, or death.

293 -- Herbicide Spills. The Contractor must have a spill prevention and clean-up plan approved by the Contracting Officer by prior to July 1st. Herbicide wasted through spills greater than 5 gallons of diluted product, or 1 quart of undiluted product must be reported to the Contracting Officer and the appropriate state and federal agencies.

294 -- Security – The Contractor shall be responsible for the security of all herbicide, equipment, and materials furnished for this project.

295 -- Herbicide and Container Disposal. Contractor shall dispose of any excess herbicide and used herbicide containers in accordance with the label.

DIVISION 300 – MEASUREMENT AND PAYMENT

310 – Measurement

Acreage is determined by a survey using GPS/GIS satellite mapping. This measurement shall be utilized for payment purposes, unless the actual acreage on the ground for a given area varies by more than 15% from the estimated acreage for that unit, as described below in Specification 320.

320 – Suspected errors in measurements

If the contractor requests a re-measurement of any area and the results of the re-measurement show that the acreage is more than 15% different from original measurement, the

Government will pay at the unit price for the number of acres shown on the re-measurement and the cost of the re-measurement itself. If, however, the re-measurement shows the acreage to be within the 15% allowable variation, payment will be for the original acreage for that unit and the contractor will pay for the cost of the re-measurement. The Forest Service will determine the method of re-measurement. The Forest Service will perform all re-measurements.

330 – Inclusions

The acreages shown in the Schedule of Items have not been reduced to account for

Inclusions of 1 acre or less which are unsuitable for spraying due to topography, soil conditions, standing water, or buffer strips. Though some of these inclusions exist within the project areas, no reduction will be made in the contract payment to account for them.

All areas within units will be treated except for inclusions of 1 acre or less.

340 – Payment

Payment will be made at the contract unit price for each acre acceptably sprayed with herbicide, with no accidents or herbicide spills that require reporting to the Contracting Officer. Payments will be processed at least monthly.

FEDERAL ACQUISITION REGULATIONS (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services – Fixed-Price (AUG 1996)

DISINCENTIVE

If 15 % of the assigned acreage is not completed within the first seven days of the accordance with delivery schedule as listed in Section F – “Deliveries and Performance” or there are more than one combination of an accident or herbicide spill that require reporting to the Contracting Officer, as required by the specifications, total contract price for all units, application will be decreased by a 10% premium for that year.

TIME FRAME

TO AVOID DISINCENTIVE

Striped Maple, Beech, Birch, Fern

3 Acres complete by September 11

** All timelines must be met by the dates listed above to avoid the disincentives.

For cases of poor or late performance, in which the assigned acreage is not completed in accordance with delivery schedule as listed in Section F – “Deliveries and Performance” or there are multiple accidents or herbicide spills that require reporting to the Contracting Officer, as required by the specifications, the Forest Service may reserve the right to terminate the contract and collect a disincentive of 10% for units not complete.

PERIOD OF PERFORMANCE

The period of performance of this contract is from August 1-31 for Rodeo® and Oust® XP treatments and September 4 – 21 for Oust® XP only treatments, weather permitting.

The Contractor is required to spray units in accordance with the dates listed below. Failure to complete work in the specified timeframe for each specified unit as listed in the work plan table may result in an immediate termination for default, without a cure notice being given. This right to terminate shall take precedence over any other clause present in this contract.

Units 208004, 209019, 243021, 339021 and 457041 will be completed between August 1 and August 31 of 2018.

Units 228026 and 454042 will be completed between September 4 and September 21 of 2018.

The Forest Service reserves the right to terminate the contract if ground conditions do not warrant an effective treatment of the desired target species.

AGAR 452.237-74

Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Supervisor, Licensed Operator.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The

Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the person being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

CONTRACT CLAUSES

FAR 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.212-4 Contract Terms and Conditions – Commercial Items (Deviation 2017-1) (AUG 2017)

(Deviation 2017-1 modifies paragraph r to remove reference to 41 U.S.C. 4712).

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Deviation 2017-1) (JAN 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

(4) 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 items:

[Contracting Officer check as appropriate.]

__ (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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__(3a) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (April 2014) (41 USC 4712) (Deviation 2017-1)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (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).

__ (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).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (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 Set-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.

__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) of 52.219-9.

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

__ (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. 657 f).

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

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

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

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

__ (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).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 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.)

__(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 Televisions (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).

__ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693)

__ (44) 52.223-21, Foams (JUN 2016) (E.O. 13693)

__ (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 (oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (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 (Jul 2013) (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).

_X_ (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.

(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:

[Contracting Officer check as appropriate.]

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

_X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (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) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (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).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.

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

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

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

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

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

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

(x) 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.

(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xii) _X_(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 and E.O 13627).

(xiii) 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).

(xiv) 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).

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

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

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

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

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

(xix) 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).

(xx) 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.

(xxi) 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.

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, re-designate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the re-designated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause.”

FAR 52.223-2 -- Affirmative Procurement of Biobased Products Under Service And Construction Contracts (SEP 2013) FAR 52.223-17 – Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (MAY 2008)

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

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

Attachments:

1 Wage Determination

2 Maps 3 Government Provided Technical Proposal Forms

4 Oust XP Label

5 Rodeo Label

6 Stand Data Sheet (Example)

7 Work Plan Table

C.1 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.

C1.1 Sustainable products identified for this solicitation:

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

C1.1.1 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

Light Bulbs C1.1.2 Biobased Products: (requires reporting at www.sam.gov by 10/31 each year) http://www.biopreferred.gov Glass Cleaner, Bathroom Cleaner, Toilet Bowl Cleaner, Liquid Hand Soap C1.1.3 Environmentally Preferable Products:

www.epa.gov/epeat.

None

C1.1.4 Non-ozone Depleting Products:

http://www.epa.gov/snap

Aerosol solvents, cleaning solvents C1.1.5 EPA Designated Products:

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program Commercial/industrial sanitary tissue products, paper, plastic trash bags

SUBMITTALS

A. Safety and Health Programs: The Contractor shall submit, for approval, a safety plan, as applicable to the work scope.

SOLICITATION PROVISIONS

FAR 52.204-16 Commercial and Government Entity Code Reporting (jul 2016)

FAR 52.212-1 Instructions to Offerors—Commercial Items (JAN 2017)

(a) General Instructions. Quotes submitted in response to this solicitation shall be furnished in the following format with the numbers of copies as specified below.

(1) The quote must include a technical proposal. The following information should be submitted so as to address the evaluation factors list below:

All contractors shall provide the following information for their technical proposals:

· Past Performance & Experience on Similar Projects: Provide a list of completed past projects with similar scope for the last three years, (include a brief description of the project and how it is similar to this one, dollar amount, project location and who the work was performed for). Include reference names and phone numbers for these projects. Offerors without a record of past performance will receive a neutral rating for past performance only. Provide this information for subcontractors on the project as well. The government may use past performance information from any source.

· Technical Approach: Provide a list of all personnel to be used on the project (including sub-contractors on the project) and their qualifications. Provide a description of equipment to be used on the project (make, model, year, etc). This information is used to determine the acceptability of both personnel and equipment and also to ascertain your understanding of what resources are needed to adequately complete this project.

· Sustainable Acquisition: Provide a list of sustainable products/supplies that will we used in the performance of this contract. Product listings can be found on the following websites:

· Biopreferred Products www.biopreferred.gov

· Non Ozone Depleting Substances www.epa.gov/ozone/snap/index.html

· Alternative Fuel Vehicles and Alternative Fuels http://www.afdc.energy.gov/fuels/

· Water Efficient Products www.epa.gov/watersense

· Energy Efficient Products www.energystar.gov/products

· Environmentally Preferable Products www.epa.gov/epp Government provided Evaluation Forms are a separate attachment to this solicitation and may be used for your technical proposal submission.

(1) The Government will evaluate quotes in accordance with the evaluation criteria set forth in this solicitation of this RFQ.

(2) Offerors shall submit their proposal(s) in the following format and the quantities specified:

(a) 1 copy of the completed, signed offer (SF1449, Schedule of Items). This serves as contractor’s cost proposal.

FAR 52.212-2 Evaluation – Commercial Items (OCT 2014)

AWARD DETERMINATION

The Forest Service’s source evaluation will be based on best-value principles. Accordingly, award will be made to the responsible Offeror whose proposal provides the greatest overall value to the Government, price and other factors considered. This best-value determination will be accomplished by comparing the value of the differences in the technical factors for competing offers, based on their strengths, weaknesses, and risks, with differences in their price to the Government. In making this comparison, the Government is more concerned with obtaining superior technical capabilities than with making an award at the lowest overall cost to the Government. However, the Government will not make an award at a significantly higher overall price to achieve slightly superior technical capabilities. As technical scores become closer, price will become more important. Technical Factors are significantly more important than price. Only Offerors that demonstrate acceptable submission to the Government of all items in Section L of this solicitation (or amendments thereof) will be considered for award.

TECHNICAL EVALUATION FACTORS (of equal importance)

1.

Past Performance & Relevant Experience

2.

Available Qualified Personnel

3.

Available Equipment.

4.

Sustainable Acquisition

PRICE

FAR 52.212-3 Offeror Representations and Certifications – Commercial Items (NOV 2017) FAR 52.216-27 Single or Multiple Award (OCT 1995) FAR 52.223-1 Biobased Product Certification (MAY 2012)

FAR 52.223-4 Recovered Material Certification (MAY 2008)

(End of provisions)

OFFER SUBMISSION PACKAGE

OFFERORS SHALL SUBMIT THE FOLLOWING PAGES:

SF1449 - Signed and dated (page 1 & 2) Schedule of Items –completed with pricing (page 3)

Government Provided Technical Proposal Forms (attachment 1) Copy of current Pennsylvania pesticide applicators license and business license 52.212-3 Offeror Representations and Certifications – Commercial Items (NOV 2017) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or…