1240LP22Q0060 Solicitation Pkg.pdf

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OFFEROR

40LP

OGDEN UT 84401-2310

324 25TH ST

USDA-FS CSA INTERMOUNTAIN 4

65T0 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR40LP

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/02/2022 1700 MT

04/19/2022

801-975-3367CATHERINE SULLIVAN

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1240LP22Q0060

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 45 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

CHADRON NE 69337

125 N MAIN ST

NEBRASKA NATIONAL FOREST

15. DELIVER TO

OGDEN UT 84401-2310

324 25TH ST

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

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TION UNLESS BLOCK IS

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THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA-FS CSA INTERMOUNTAIN 4

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 09/30/2022 Period of Performance: 05/15/2022 to 09/30/2022

See Continuation Sheet (Schedule B)on page 4.

0001 Spot treatment and broadcast application of herbicide to noxious weeds and the inventory of those treated areas on the Fort Pierre National Grassland (FPNG) located in central South Dakota.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

CATHERINE SULLIVAN

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

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ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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30a. SIGNATURE OF OFFEROR/CONTRACTOR

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REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Product/Service Code: F006

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- LAND TREATMENT PRACTICES

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

45 2 of

Contents

SECTION B – CONTINUATION OF SF-1449

SECTION C – DESCRIPTION AND SPECIFICATIONS

SCOPE OF CONTRACT

SECTION V - PERFORMANCE WORK STATEMENT TASKS AND CRITICAL SUBTASKS

SECTION C – CONTRACT CLAUSES

SECTION D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020)

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services. (Nov 2021)

52.212-2 Evaluation-Commercial Items (Oct 2014)

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services. (NOV 2021)

SECTION B – CONTINUATION OF SF-1449

Schedule of Items

Line Item Description

# of Acres

Unit Price per Acre Total

Not to Exceed Price per Line

Item

#1 General FPNG

- Thistles (Canada, bull, musk)

$73,500

#2

Prescribed Burn Pasture(s)

- Thistles (Canada, bull, musk)

$5,000

#3

Prairie Restoration Project

- Glyphosate Treatments (2 treatments) 34 $_______ $_______

$1,500

#4

Optional Item

General FPNG

- Thistles (Canada, bull, musk)

Up to 1,500 acres

Potential Additional Funds

GRAND TOTAL

NOTE:

• The contractor shall state the number of acres, price per acre, and total amount; the total amount shall not exceed the price per line item.

• Contractor shall fill in the Grand Total amount.

• Line Item #4 is optional and may be exercised in the case that additional funding becomes available. The number of acres is an estimate for evaluation purposes.

DESCRIPTION AND SPECIFICATIONS

SCOPE OF CONTRACT

The services covered in this solicitation and resultant contract are for the spot treatment and broadcast application of herbicide to noxious weeds and the inventory of those treated areas on National Forest System lands. The areas to be treated are located on the Fort Pierre National Grassland (FPNG) located in central South Dakota.

Those noxious weeds specific to the spot treatment application portion of this contract are thistles (Canada, bull and musk). These species are located predominately on upland rangeland; however, there are some infestations around riparian areas. The identified species will be treated during the plants’ developmental stage when optimum effectiveness can be obtained, preferably the rosette to flowering stage. Treatments are forecasted to start in late spring (May) to early summer (June); determination of when to spray will be based on agency monitoring of growing conditions and weather.

The broadcast treatment portion of this contract is for four (4) select areas, totaling 34 acres, where glyphosate will be used to kill all vegetation for ease of planting native seeds. Two (2) treatments of these four (4) areas will be conducted: the first in late May/early June and the second in late August/early September.

All treatments will be mapped with a global positioning system unit (GPS unit). The successful contractor shall submit treatment data in the specific data format of the Nebraska National Forests and Grasslands Noxious Weeds Geodatabase. The database is an ESRI ArcGIS version 9.0 (or later) personal geodatabase. The database contains the spatial and tabular data. Many data elements are required. Corresponding herbicide application records will be filled out by the applicator for the spatial data. All spatial data and application records will be submitted in satisfactory form prior to payment at the treatments’ conclusion.

All bids for this contract will be done based on the number of acres obtainable for the specified dollar amount.

Contractors will be rated based on past experience and the ability to meet the GPS/GIS requirements.

LOCATION/DESCRIPTION

The location of the work is on the Fort Pierre National Grassland located south of Fort Pierre, South Dakota. The contract is to cover select pastures in the southwest and northeast corners of the grassland; the Prairie Restoration Project sites at Stony Butte (East) - two (2) at Richland Dam and one (1) at Reservation Road Triangle; and any or all of the following prescribed burn pastures: Camp Flat (East South), Far West (Main), Richland Wildlife Area, Glenn, Sioux (East) and Chester (Middle). Please see the attached maps for further clarification.

The Prairie Restoration Project native planting sites are scattered across the grassland in three (3) locations (see maps). These areas will undergo extensive planting following the second treatment in order to reintroduce native grasses and forbs into the area. Treatments within this enclosure will need to be done via broadcast treatment methods to ensure a complete kill of vegetation.

The Richland Wildlife Area, Glenn, and Camp Flat (East South) Pastures are tentatively scheduled to be burned in April or May and the herbicide treatment is to be done post burn. The contractor will be notified of any changes that may arise with the prescribed burn. Even if the prescribed burns cannot be conducted in these pastures, the noxious weed treatments can still be conducted. There will also be noxious weed treatments in those pastures burned in 2021: Sioux (East), Chester (Middle) and Far West.

The treatment area covers priority sections of the Fort Pierre National Grassland. (See attached maps) These maps show potential pastures for treatment (highlighted) as well as fence boundaries and road access to the project area.

For the General FPNG option line 4, the exact pastures to be treated will be selected prior to starting treatment to avoid conflicts with livestock grazing. The contractor will be notified of the selected pastures and be given more pasture specific maps. These pastures will be lumped together for ease of treatment.

All reports and data must be received in satisfactory format prior to payment.

PERIOD OF PERFORMANCE

Services covered in this solicitation and resultant contract are to be performed during the spring/early summer of 2022 (May through July) for the general and prescribed burn areas. The period of performance for the Prairie Restoration Project will by late May/early June for the first treatment and late August/early September for the second treatment. Work shall occur when the target plants are actively growing, and weather conditions allow them to be susceptible to herbicide effects as per label directions. Work will begin in early/mid-May and the contractor shall complete all fieldwork no later than September 15, 2022; consideration will be given to varying seasonal conditions and determination of when to spray will be based on agency monitoring of growth conditions.

Spatial data and herbicide application records are due no later than September 30, 2022.

If extra funding becomes available for Line #4, the treatment areas will remain the same. However, depending on the timing of the funds the extra money could be added to the spring treatment or a fall treatment could be added to the contract. This fall treatment would commence after the first light frost of the fall and continue until the contract is met or weather conditions hinder any further treatment. The COR will be in close communication with the contractor for this treatment. If the fall treatment occurs, all supporting spatial data and herbicide application records will be due within 30 days following treatment completion.

TECHNICAL SPECIFICATIONS

NOXIOUS WEED TREATMENT AND INVENTORY SERVICES

SECTION I – GENERAL

1.1 SCOPE OF WORK.

The contractor shall furnish all labor, transportation, equipment, herbicide, carrier agent, personal protective equipment, water, services, supervision, permits, and licenses necessary to treat noxious weeds in South Dakota.

Applications by equipment will require ten (10) gallons of water/herbicide mix per acre.

Required herbicide and rate:

Thistles:

Milestone at 7 oz. per acre Carrier agent applied at 3 oz. per acre

• Apply herbicide at thistle rosette to flowering stage of plant development to be most effective for thistles.

• Applications will be done with spot spraying methodology, unless infestations are solid enough to warrant broadcast methods. If such a situation is found, then approval by the COR will be done prior to broadcast treatments.

Prairie Restoration Project Glyphosate – 40 oz/acre

• Carrier agent applied at 3 oz. per acre

• The contractor is asked to quote the number of acres they will be able to treat based on dollar amounts for each line item.

• The contractor will treat the noxious weed infestation with herbicide, then will map the infestation’s perimeter with a GPS unit to create a polygon, and finally complete an application record linking the treatment data to that polygon. Please see 2.2.5 for detailed requirements of spatial data. The contractor shall submit spatial data along with the application records that correspond with the mapped treatment areas.

• Contractor will comply with all pesticide use requirements set forth under South Dakota State Law (SDCL) Title 38 Chapter 21 and Administrative Rule (ARSD) 12:56.

• This statement of work consists of completing the tasks/subtasks in Section V to the performance requirements of Section VII. Services shall be in compliance with the terms, conditions, and specifications herein.

1.1.1 ACCESSIBILITY. Specific site maps identifying units and road access shall be provided to the contractor.

1.1.4 BOUNDARIES. Maps will be provided to the contractor detailing the treatment area and identifying any interior private lands.

1.1.5 NOXIOUS AND INVASIVE WEEDS. The contractor shall be licensed by the State of South Dakota and experienced in noxious/invasive weed management and herbicide use. The contractor shall be able to identify target weed species in all stages of development and to distinguish between target and non-target species.

1.1.6 CONTRACTOR REPRESENTATIVE. The contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who shall act for the contractor when the contractor is absent shall be designated in writing to the contracting officer. The contractor representative or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contractor representative and alternate(s) must be able to read, write, speak, and understand English.

SECTION II – DEFINITIONS

2.1 STANDARD DEFINITIONS

2.1.1 ACCEPTABLE QUALITY LEVEL (AQL). The maximum allowable deviation from perfect performance that may occur before the Government will invoke payment deduction. An AQL does not allow a contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

2.1.2 DEFECTIVE SERVICE. A unit of service which contains one or more defects, or nonconformance with specified requirements.

2.1.3 PERFORMANCE REQUIREMENTS SUMMARY (PRS). Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the contractor.

2.1.4 QUALITY ASSURANCE. Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS).

2.1.5 CONTRACTING OFFICER’S REPRESENTATIVE (COR). A government person appointed by the contracting officer to help the contracting officer with contract administration and surveillance.

2.1.6 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document used for quality assurance surveillance. The document contains specific methods the Government will use to perform surveillance of the contractor.

2.1.7 QUALITY CONTROL. Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

2.1.8 APPLICATION RECORDS. Records the contractor uses to document herbicide applications on the treated area. Information includes, but is not limited to: herbicide used, amount of active ingredient applied, weather conditions, etc.

2.1.9 RANDOM SAMPLING. A sampling method in which each service output in a unit has an equal chance of being selected.

2.2 TECHNICAL DEFINITIONS

2.2.1 ACCESS TO TREATMENT AREAS: Access to treatment areas requires travel and treatment operations on or near: paved roads, graveled county roads, and non-graveled two track Forest Service roads. The treatment areas may be along or away from roads and within areas with no developed road access. Access is allowed off designated roads by authorization only issued by the Fort Pierre District Ranger. Your access must be timed such that road or trail surfaces are not subjected to unreasonable resource damage.

2.2.2 AQUATIC AREA: Any type of lake, pond, dam, spring, or stream course that contains an invasive plant species.

2.2.3 BOOM SPRAYER: Spray equipment capable of delivering a minimum of 10 gallons per acre.

Boom sprayers shall be equipped with an identifier system to minimize swath overlap such as a ribbon or flagging system. ATV/UTV boom-less nozzles are not considered as boom sprayers.

2.2.4 CLEANUP AND DISPOSAL: Clean up and disposal of excess herbicide and empty containers is the contractor’s responsibility and will be in accordance with the manufacturer’s instructions and applicable to Federal and State Laws.

2.2.5 GIS and GPS SPECIFICATIONS:

Field Survey Operations and Procedures:

Treat and record noxious weed sites in accordance with the Nebraska National Forests and Grassland Noxious Weed User Guide, Noxious Weed GPS User Guide, and GIS User Guide. These documents are attached to this solicitation package. The final product submitted will be in the specific data format of the NNFG Noxious Weeds Geodatabase; this will be submitted to the COR upon completion of treatment. The database is an ESRI ArcGIS version 9.0 (or later) personal geodatabase. The database contains spatial and tabular data. Submittals can be made no later than September 30th for the spring/summer treatments and within 30 days of completing any fall herbicide treatments. During the contract the contractor may submit spatial data, in the geodatabase format, to the COR to ensure that the information is being recorded correctly.

Field survey operations using GPS shall be performed using:

1. A GPS unit, preferably Trimble, capable of loading and using NNFG Noxious weed data dictionary (.ddf) files and concurrent GPS software.

2. Computer with the capability to run ArcGIS and Pathfinder Office software.

3. ArcGIS software (ESRI) for aggregating exported GPS files into an ArcGIS geodatabase.

4. Knowledge and understanding of the requirements of the NNFG User Guides listed above.

5. Knowledge of GPS and ArcGIS accuracy and standards.

GIS Layer:

1. All weed treatment sites will be combined into one ESRI ArcGIS version 9.0 (or later) polygon personal geodatabase. The geodatabase contains spatial and tabular data. The geodatabase will be referenced to the North American Datum, 1983 (NAD83) in the Universal Transverse Mercator (UTM), zone projection will be determined by general location of geographic area. Coordinates will be reported in meters.

2. Geodatabase will be referenced using the following export coordinate system, units, and velocity:

System UTM Zone 13 North Datum NAD83 (Conus) CORS96 Units Feet Altitude HAE Distance Feet Area Square Feet or Acre

3. If possible, the geodatabase will be exported with the additional attributes:

• PDOP

• Receiver Type

• Correction Status

• Data File Name

Final GPS products submission

The spatial data is to be submitted in an electronic format: raw .ssf files from the GPS unit and the final geodatabase. All reports must be submitted no later than September 30, 2022 for spring/summer treatments and within 30 days of any fall treatment. If deficiencies are found, all data will be returned for corrections. Payment will not be made until all reports/data received are found to be satisfactory.

2.2.6 MIXING SITE: All mixing and rinsing during the operational period will take place in the field within the treatment areas at a distance greater than 100’ from any stream course, trees, or crops. Rinseate will be reused as spray solution as much as possible until project completion and application rates shall not exceed ¾ ounce per acre.

2.2.7 NOXIOUS WEED LIST:

Code Scientific Name Common Name CANU4 Carduus nutans Musk thistle

CIAR4 Cirsium arvense Canada thistle

CIVU Cirsium vulagre Bull thistle

2.2.8 SPRAY EQUIPMENT: All spray equipment shall be accurately calibrated to ensure herbicide is applied as per manufacturer recommended application rates. All spray equipment shall be operated in accordance with owner’s manuals. Weed treatment accomplished by the use of spray equipment installed in trucks, ATVs, or UTVs shall follow manufacturer specifications and recommendations, including those specific to weight restrictions.

2.2.9 WEATHER CONDITIONS: Herbicide shall not be applied if temperatures exceed 95 degrees and or the wind speed exceeds 15 mph in all areas.

2.2.10 WEED DATA DICTIONARY: A data dictionary is a list of features and attributes that are collected in the field. It ensures that the collected data is always consistent. In the field, the data dictionary structures and speeds up data collection and allow crews to enter data in the correct format. This ensures data uniformity and integrity, as well as compatibility with the GIS database. The Government provides the data dictionary to the contractor.

SECTION III – GOVERNMENT FURNISHED PROPERTY, MATERIALS, SERVICES

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.

1. Hard copy maps of detailed treatment areas.

2. A blank application record sheet.

3. The Nebraska National Forests and Grassland GPS/GIS User Guides (Qty: 3).

4. Weed Data Dictionary compatible with Trimble GPS units (provided after contract award).

5. Electronic Data Templates (ESRI ArcGIS v 9.0 (or later) blank personal geodatabase) containing the proper data format (provided after contract award).

SECTION IV - CONTRACTOR FURNISHED ITEMS/SERVICES

The contractor shall furnish all labor, transportation, equipment to include GPS device(s), water, herbicide, carrier agent, personal protective equipment, water, services, supervision, permits, and licenses necessary to treat noxious weeds in South Dakota.

SECTION V - PERFORMANCE WORK STATEMENT TASKS AND CRITICAL SUBTASKS

The following tasks are to be performed to the quality performance requirements shown on the Performance Requirements Summary table in Section VII.

5.1 WEED TREATMENT/INVENTORY/DATA: The contractor shall apply herbicide according to product’s label in order to treat noxious weeds on the FPNG and each treatment shall be recorded with spatial data and application record field sheets.

5.1.1 Herbicide will be applied at the optimal stage of plant development to be most effective. For the species being treated, this could require the contractor to return to an area at varying times. The preferred development stage for all targeted species is in the rosette to flowering stage. The herbicide application rates are as follows:

o Thistles:

Milestone at 7 oz. per acre Carrier agent applied at 3 oz. per acre.

o Prairie Restoration Project Glyphosate – 40 oz/acre Carrier agent applied at 3 oz. per acre

5.1.2 Record data on each site treated according to the attached requirements. On a regular basis, provide the COR with information as to where the recent treatments have been made.

5.2 SUBMITTALS: The contractor shall provide the following submittals:

5.2.1 QUALITY CONTROL PLAN (QCP): The contractor shall establish and maintain a complete Quality Control Plan acceptable to the Government to ensure the requirements of the contract are provided as specified. The QCP includes the contractor’s inspection system and the method for identifying and preventing defectives in the quality of service preformed. No work may start until the Contractor’s Quality Control Plan is submitted and accepted by the Government, and the Notice to Proceed is issued.

5.2.2 WORK PLAN: The Work Plan shall describe how the contractor plans to perform the project, including methods, personnel certifications and calibration rates, and list of equipment by make and model. No work may start until the Contractor’s Work Plan is submitted and accepted by the Government and the Notice to Proceed is issued.

5.2.3 PROGRESS SCHEDULE: The contractor shall prepare and submit a practical schedule showing the order in which the contractor will perform the work and the dates on which the contractor contemplates starting and completing each task, unless specific treatment areas list both required start and stop work dates. No work may start until the Contractor’s Progress Schedule is submitted to and accepted by the Government, and the Notice to Proceed is issued.

5.2.4 DATA SUBMITTAL: The contractor shall provide spatial data in an electronic format and hard copy application records. These items are to be submitted to the COR no later than September 30, 2022 for the spring/summer treatments and within 30 days of fall treatment completion;

early submittals will be accepted. Inaccurate or incomplete data will be returned to the contractor for correction.

SECTION VI - GOVERNMENT PUBLICATIONS/INDUSTRY STANDARDS/STATE

STANDARDS/GOVERNMENT STANDARDS/TECHNICAL EXHIBITS

Technical specifications and attachments:

• All spray equipment shall be capable of delivering at least 10 gallons per acre.

• Contractor shall certify that spray equipment can be accurately calibrated and the products applied at required label rates.

• Contractor shall comply with all federal, state, and local rules, regulations, and laws pertaining to the work required by this contract.

• Contractor shall be required to adhere to all aspects of pesticide labels used during treatment.

• Target weed species shall be sprayed at optimal stage of development for herbicidal action to take place.

Timing will be consistent with factors such as target species growth stage, product formulation and weather.

• Treatment areas shall be uniformly traversed with spray vehicles. Overlap of spray swaths should be kept to a minimum. Spray vehicles should be equipped with an identifier or an identifier system to insure reduced overlap of spray swaths. Spray will not come in contact with standing water in ponds or drainages.

Care will be taken to avoid spray contact with adjacent crop fields, trees, and stock tanks.

• Spraying will cease in the event of rain or wind in excess of 15 miles per hour or when temperatures exceed 95 degrees Fahrenheit.

• Mixing and rinsing will take place in the field within treatment areas at a distance greater than 100ft.

upstream of standing water, trees or crops. Rinseate will be reused as spray solution as much as possible until project completion. Final leftover rinseate may be applied to treatment areas.

• Contractor shall ensure all equipment moved onto National Forest System land is free of soil, seeds, vegetative matter, or other debris that could contain or hold noxious weed seed. The Forest Service may request inspection of equipment prior to it being placed into service.

• Payment for treatment will be based on acres of noxious weeds sprayed with herbicide.

• Preparing tank mixes, cleaning spray equipment or disposing of herbicide containers shall not occur at any Forest Service facility.

• All equipment used in treatment shall have adequate fire extinguishers and other fire prevention mechanisms.

SECTION VII - PERFORMANCE REQUIREMENTS SUMMARY

TASK/ SUBTASK PERFORMANCE

STANDARD

ACCEPTABLE

QUALITY LEVEL

(AQL)

MONITORING

METHOD

DISINCENTIVES FOR

NOT MEETING

STANDARDS

5.1: Noxious Weed Inventory Treatment Data

Weeds will be treated as per herbicide label directions

Responsible for the effects of herbicide residue on non-target species and any drift.

Equipment will be equipped with anti-siphon devices to prevent contamination of any water supply

Treat at temperatures less than 95 F and wind speeds less than 15 mph

Complete treatment to required standards as defined in Section 2.2.5 and provide COR with updates on where treatments have occurred.

90% Acceptable level of performance thus resulting in 90% kill

Less than 20% loss of non-target species

Follow task order direction and manufacturer label direction 100%

Review contractor’s records of treatment, inspection, and sampling results, and perform periodic on-site inspections

Government shall perform our own sampling through a series of ocular inspections

Checking compliance of contractor supplied inspection plots

Rework at contractors expense

Payment will be deducted in accordance with G.5 Payments.

Poor performance rating

5.2 - Submittals

5.4.1 - Quality Control Plan

(QCP)

5.4.2 - Work Plan

All submittals are received within 10 days after contract award

QCP includes contractor’s inspection system and the method for identifying and preventing defectives in the quality of service preformed.

100% Compliance Submittal review

Will not issue Notice to Proceed until submittals are received and accepted by the Government.

5.4.3 - Schedule of Work

5.4.4 – Data Submittals

Includes method and frequency of inspections On-site records of all quality control inspections are submitted weekly

Contractor will submit GPS/GIS data as outlined in 2.2.5 above.

SECTION C – CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)

Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar (AGAR clauses begin with 452)

Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services. (NOV 2021)

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

52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

52.228-5 Insurance-Work on a Government Installation. (JAN 1997)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (NOV 2021)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.245-1 Government Property (SEPT 2021)

52.245-9 Use and Charges (APR 2012)

52.246-4 Inspection of Services-Fixed-Price.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services. (JAN 2022)

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

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

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

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

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

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

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

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

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15

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

__ (5) [Reserved].

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

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

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

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

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer ) ( 15 U.S.C. 657a).

__ (13) [Reserved]

XX (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

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

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

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

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

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) ( 15 U.S.C. 637(d)(4)).

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

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

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

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

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

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

https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_13

__ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) ( 15 U.S.C. 637s).

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) ( 15 U.S.C. 657f).

XX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021) ( 15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) ( 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 (SEP 2021) ( 15 U.S.C. 637(m)).

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

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

XX (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

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

XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

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

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

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

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

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

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

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

13627).

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

__ (36) 52.222-54, Employment Eligibility Verification (NOV 2021) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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XX (48) 52.225-1, Buy American-Supplies (NOV 2021) ( 41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2021) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 n ote, 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 (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

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

__ (50) 52.225-5, Trade Agreements (OCT 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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