12444321Q0051 Complete.pdf

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CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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OFFEROR

ATLANTA GA 30309-2449

STE 876S

1720 PEACHTREE ST NW

USDA-FS CSA EAST 5

232B CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR4443

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/29/2021 1400 ED

07/19/2021

814-728-6288ALAN ZERO

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INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12444321Q0051

5. SOLICITATION NUMBER

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

1 32 1035209OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

HECTOR NY 14841-9707

5218 STATE RTE 414

FINGER LAKES NATIONAL FOREST

USDA FOREST SERVICE

15. DELIVER TO

ATLANTA GA 30309-2449

STE 876S

1720 PEACHTREE ST NW

9. ISSUED BY

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2. CONTRACT NO.

EFFECTIVE DATE

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THIS CONTRACT IS A

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13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA-FS CSA EAST 5

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.

Retreatment of Hemlock Wooley Adelgid trees in the sawmill and gorge watersheds Period of Performance: 08/01/2021 to 11/30/2021

0001 Retreatment of Hemlock Wooley Adelgid trees in the SAWMILL and GORGE watersheds

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

ALAN J. ZERO

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

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

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27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

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AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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REF.

EMAIL QUOTES TO ALAN.ZERO@USDA.GOV

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RECEIVED INSPECTED

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

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FINALPARTIAL

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CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

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STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

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32 2 of

12444321Q0051

HWA TREATMENT

EMAIL PROPOSALS TO alan.zero@usda.gov

QUOTERS NOTES

A. This is a Performance-Based Service Contract. Note disincentives under the terms of Inspection and Acceptance (Section E).

B. Contractors must be registered in the System for Award Management (SAM) in order to submit an offer on this project. Registering in SAM is free.

C. Quotes submitted in response to this solicitation must include a technical proposal that addresses the evaluation factors outlined in the Evaluation Factors for Award (Section M). All Contractors shall provide the following information for their technical proposals:

1) Past Performance & Relevant Experience on Similar Projects: Provide a list of completed past projects with similar scope for the last three years, including a brief description of the project (and how it is similar to this one), dollar amount, project location and reference names/phone numbers/emails 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.

2) Provide a list of Available Qualified Personnel to be used on the project (including sub-contractors) and their qualifications. This information is used to determine the acceptability of personnel and also to ascertain your understanding of what resources are needed to adequately complete this project.

3) Biobased Purchasing

(a) Identification of all Biobased products to be acquired, used, and installed in the performance of this contract;

(b) Proposed past performance experience with the use of Biobased products.

D. No “Show-Me” trip is scheduled for this project. Prospective quoters are strongly encouraged to view the sites themselves to derive their own estimates of the amount of work required.

E. Award determination under this solicitation shall be to obtain the best value for the Government.

Accordingly, it will be based on lowest-price technically acceptable quote. Award will be made to the responsible Offeror whose proposal provides the greatest overall value to the Government, price and other factors considered. Only Offerors that demonstrate acceptable submission to the Government of all the above described technical proposal items shall be considered for award.

F. Award may be made to a single Offeror for treatments

G. Work supervisors must hold current Commercial Pesticide Applicator licenses with the NY Department of Environmental Conservation, consistent with the State in which the work occurs.

H. All employees working on this contract shall have the ability to identify trees and shrubs common to central NY.

I. For additional technical information or assistance locating the project areas, contact:

a. Matt Lark at the Hector Ranger District Office of the Finger Lakes National Forest in Hector, NY at (607) 546-4470 ext 3316 or mlark@usda.gov..

https://sam.gov/SAM/ https://www.dec.ny.gov/permits/209.html https://www.dec.ny.gov/permits/209.html mailto:mlark@usda.gov

SECTION B SCHEDULE

GORGE - HEMLOCK WOOLLY ADELGID (HWA) TREATMENT

Finger Lakes National Forest Treatment

Method Tree Size

(DBH)

# OF TREES Unit Price (Base Year

07/01/2021-06/30/2022) Total Amount Soil Tablet 6-14" 398 $ $

(imidacloprid) 15-20" 207 $ $ 20+ 98 $ $

Total Price $

SAWMILL - HEMLOCK WOOLLY ADELGID (HWA) TREATMENT

Finger Lakes National Forest Treatment

Method Tree Size

(DBH)

# OF TREES Unit Price (Base Year

07/01/2021-06/30/2022) Total Amount Soil Tablet 6-14" 577 $ $

(imidacloprid) 15-20" 300 $ $ 20+ 142 $ $

Total Price $

EMAIL QUOTES TO ALAN.ZERO@USDA.GOV

FLNF NNIP Treatment

• GORGE Treatment Area: estimated acres: Gorge Treatment Area total is approximately

56 acres, however for this task order 50 acres is anticipated to be treated.

Trees to be treated:

Diameter class Quantity 6-14” 398 14.1-20” 207 20”+ 98

a. Treatment boundaries: A shape file and PDF map is available, but the contractor can recognize the site on the ground by the following description. The Gorge treatment area is located along the Gorge Trail which extends West from the it’s start point at the parking lot on Mark Smith Road. The treatment area follows a 500’ buffer distance along Gorge creek and has boundaries to the south (at varying distances less than 500’) by private property. To the north the treatment area is bordered by red pine plantations and Oak Hickory hardwood type forest. The treatment area ends on the West side where the forest transitions from Eastern Hemlock to Oak Hickory. This change in vegetation type is the best indicator of treatment boundary.

b. Infestations: Light to moderate HWA infestation is noted throughout stand.

c. Specifications in addition to the original contract: A prior contract crew has tagged all trees to be treated with a small metal numbered tag, but due to potential loss of tags over time, the above quantities of trees are to be treated. Previous tagged trees will be the top priority to retread. In the event that a tag is not present to reach the above quantity or a tagged tree is on decline to the point that application is not logical, the applicator should select additional trees in those diameter classes.

i. Selection criteria for additional trees to treat are as follows:

• Select trees showing presence of HWA infestation (or near adjacent infested hemlock trees)

• Select trees that exhibit the ability to respond to chemical treatment for

HWA (i.e. do not select trees that exhibit decline in health attributable to other environmental factors besides HWA such as: stem or root damage, windthrow, lightning, flooding, etc.)

• Select trees that represent vigorous or unique genetic traits.

ii. Imidacloprid will not be applied within 15 feet of wetlands and seasonal pools or where surface water is present.

• Cleaning or mixing of chemicals shall not take place within 100 feet of any waterbody

iii. Utilize non-mechanized (tracked or wheeled) equipment unless approved by COR. Use of this equipment will require advance notice to COR so that pathways may be flagged that exclude trampling sensitive vegetation. If wheeled equipment is authorized, equipment must be clean (visibly free of mud and plant debris) before accessing each site, and prior to moving to a new site, unless the operator can determine that the equipment has not travelled through any NNIP infestations.

iv. Sign trails as closed during the application of pesticides, and do not apply pesticide during weekends or holidays.

• Sawmill Creek Treatment Area: estimated acres: Sawmill Treatment Area total is 204 acres, however the following prescription estimates coverage of approximately 72.5 acres. Approximately 23 acres were treated in 2020.

Trees to be treated:

Diameter class Quantity 6-14” 577 14.1-20” 300 20”+ 142

a. Treatment boundaries: A shape file or PDF map is available, but the contractor can recognize the site on the ground by the following description. The Sawmill Creek treatment area is located in an isolated area of the Finger Lakes National Forest that is best accessible by trail from Terry Berry Road. The Sawmill treatment area spans the three branches of Sawmill Creek from the point where the creek leaves the Forest Service boundary on the west end to where the treatment boundary ends at the Backbone trail. The treatment area spans 500’ on either side of the furthest north and south branches of Sawmill Creek, and is noted by an obvious change in forest type to Oak and other hardwoods. Actual Treatment perimeter can be flagged at the request of the contractor by FLNF staff with pink flagging prior to treatment.

b. Infestations: Light to moderate HWA infestation is noted throughout stand.

c. Specifications in addition to the original contract: A prior contract crew has tagged all trees to be treated with a small metal numbered tag, but due to potential loss of tags over time, the above quantities of trees are to be treated. Previous tagged trees will be the top priority to retread. In the event that a tag is not present to reach the above quantity or a tagged tree is on decline to the point that application is not logical, the applicator should select additional trees in those diameter classes.

i. Selection criteria for additional trees to treat are as follows:

• Select trees showing presence of HWA infestation (or near adjacent infested hemlock trees)

• Select trees that exhibit the ability to respond to chemical treatment for

HWA (i.e. do not select trees that exhibit decline in health attributable to other environmental factors besides HWA such as: stem or root damage, windthrow, lightning, flooding, etc.)

• Select trees that represent vigorous or unique genetic traits.

ii. Imidacloprid will not be applied within 15 feet of wetlands and seasonal pools or where surface water is present.

• Cleaning or mixing of chemicals shall not take place within 100 feet of any waterbody

iii. Utilize non-mechanized (tracked or wheeled) equipment unless approved by COR. Use of this equipment will require advance notice to COR so that pathways may be flagged that exclude trampling sensitive vegetation. If wheeled equipment is authorized, equipment must be clean (visibly free of mud and plant debris) before accessing each site, and prior to moving to a new site, unless the operator can determine that the equipment has not travelled through any NNIP infestations.

iv. Sign trails as closed during the application of pesticides, and do not apply pesticide during weekends or holidays.

SPECIFICATIONS FOR HWA TREATMENT

DIVISION 100 - GENERAL SPECIFICATIONS

110 - Scope of Contract The purpose of this contract is to perform insecticide treatments on hemlock trees in order to ensure their ability to survive infestation by the hemlock woolly adelgid (HWA). The contract areas are located in:

A. Watersheds on the Finger Lakes National Forest, which include treatment areas near ravines, and to a lesser extent, upland forests.

The Contractor will be required to treat:

A. Soil Tablets (imidacloprid) i.e. CoreTect® or equivalent

Contractor shall furnish all labor, materials, equipment, tools, transportation, supervision, supplies, insecticide, and related supplies required to treat hemlock trees.

The Government will furnish no materials, labor, or equipment unless specifically identified in the Government-Furnished Property (GFP) clause (Section 130).

120 - Description and Location The contract areas are located on the:

A. Finger Lakes National Forest in Seneca and Schuyler Counties, NY (see attached maps).

Specific site locations, tree diameters, number of trees, and treatment methods will be provided in each delivery order. The terrain is gentle to moderate with occasional very steep ravine slopes. Hazards include (but are not limited to) bee stings, snake bites, overhead hazards, and limited exposure to insecticide or insecticidal solution.

130 - Government-Furnished Property (GFP) The Government shall deliver to the Contractor the following listed material, supplies, and property (hereinafter referred to as "Government-Furnished Property" or simply “GFP”) at the place and time specified below. The Contractor shall be liable for all loss or damage of such delivered GFP until completion and final acceptance of work required under this contract. If the Government fails to make timely delivery of such GFP suitable for its intended use, and upon written request from the Contractor, the Contracting Officer shall make an equitable adjustment of contract delivery or performance dates or contract price, or both, pursuant to the "Changes" clause of the General Provisions of this contract.

140 - Contractor-Furnished Items (CFI) Insecticide All insecticide will be furnished by the Contractor. During transport, insecticide and application equipment must be secured to prevent tipping or excess jarring and must be carried in a part of the vehicle totally isolated from people, food, or clothing.

Contractor must have a vehicle spill kit, consisting of the items listed on the attached EMERGENCY SPILL PLAN, in his/her vehicle at all times while insecticide is being loaded, transported, or used.

Contractor must have and properly use the appropriate personal protective equipment (PPE) as detailed by the insecticide labels.

150 - License Requirements Contractor will comply with New York state regulations for licensing of commercial pesticide applicators.

At all times while the Contractor is applying pesticides, at least one applicator certified by the appropriate state(s) in the appropriate category will be on-site. Proof of pesticide applicator certification for the appropriate state(s) will be provided to the respective COR(s) at the pre-work conference.

Contractor will be responsible for full compliance with all applicable provisions of the EPA Agricultural Worker Protection Standard (WPS), 40 CFR Part 170.

160 - Access Access guidelines will be provided by the Contracting Officer's Representative (COR). During times when recreation sites are open and being used, the Contractor will coordinate treatment times with the COR.

DIVISION 200 - TECHNICAL SPECIFICATIONS FOR HEMLOCK TREATMENTS

210 - Work to be Performed For all Areas, the Contractor shall properly treat the designated trees with insecticide as directed by the COR in accordance with these specifications.

211 – Application Timing Weather, soil condition and insect activity influence optimum treatment timing for prescribed systemic insecticides identified within.

Stem injections and soil injection treatments shall be conducted during periods when the soils are not frozen nor excessively wet or dry, after trees have leafed out as specified on insecticide labels.

Basal bark sprays shall be conducted when trees are actively translocating, and the borers are actively feeding. Basal bark sprays shall not be applied to wet bark, if rain is expected within 12 hours, or within 12 hours after rain.

Spring (Mar-Jun) and Fall (Oct-Dec) are ideal application periods, provided temperatures are above freezing during application.

The government reserves the right to suspend treatments should tree or whether conditions are such that deferring treatments is in the best interest of the Government.

212 – Application Methodology Trees to be treated will be designated by a site map, by verbal instructions from the COR, by flagging, paint, metal tags, or by a written tree-by-tree site description.

After treatment, each tree will be tagged with an aluminum nail and aluminum tag at base of tree on north side. Where treatment takes place adjacent to a trail, tag should be placed on opposite side of tree from trail. Tag numbers must not duplicate per geographic location/bid item.

The Contractor shall keep a written list of each tree treated and its corresponding tag number and diameter and provide this list to the COR.

If the trees to be treated are at a campground or other frequently used recreation area, the Contractor may treat infested trees only after coordination with the COR as to appropriate treatment times.

Soil Drench and Soil Injection This method is for treating all trees so designated in this contract. Imidacloprid (i.e. Merit 75 WSP®, Bandit 2F or equivalent) insecticide will be used.

Contractor will be responsible for mixing the insecticidal solution on the job site and shall follow all mixing instructions on the label.

Before beginning any treatment, the Contractor shall calibrate the application equipment using water to determine how many ounces of solution are delivered.

After determining diameter at breast height (dbh) for the target tree, the Contractor will derive the number of ounces of solution to be applied – i.e. drenched or injected – based on the Application Options for Optimal Imidacloprid Dose for Eastern Hemlock outlined in the Application Dosage Rates and Label Limits (Section 213).

Before applying the insecticidal solution, the Contractor shall brush away the top layer of organic material (the “duff” layer) in the immediate area where soil drench and soil injections are being applied. Once the solution has been absorbed by the soil, the top organic layer shall be replaced.

• Soil drench – Apply the imidacloprid suspension to the soil within 18 inches of the hemlock trunk.

Pour the solution evenly around the base of the tree. Do not pour the suspension all in one location. Do not pour the suspension on the hemlock trunk.

• Soil Injection – A basal application to the soil has proven to be very efficient. Inject the soil around the tree with solution using a Soil Injector. The point of injection shall be within 1 foot of the tree’s trunk and 2 to 4 inches beneath the soil surface. If roots are closer to the surface, insert injector more shallowly so treatment is delivered at or above the root level. For each tree, the injector will be used at several points around the tree to evenly space the required amount of solution into the soil around the tree.

Soil Tablet This method is for treating all trees so designated in this contract. Imidacloprid tablets (CoreTect® or equivalent) tablets will be used.

After determining diameter at breast height (dbh) for the target tree, the Contractor will derive the number of pellets to be applied based on the Application Options for Optimal Imidacloprid Dose for Eastern Hemlock outlined in the Application Dosage Rates and Label Limits (Section 213).

Tablets shall be placed into the soil at several, evenly spaced points around the tree, 2 to 5 inches beneath the soil surface and within 6 to 24 inches of the tree’s trunk. Following application, tablets shall be covered with soil. If roots are closer to the surface, reduce treatment depth to ensure application is delivered at or above the root level.

Basal Spray This method is for treating all trees so designated in this contract. Dinotefuran (i.e. Safari ® or equivalent) insecticide will be used. The Contractor will be responsible for mixing the insecticidal solution on the job site and shall follow all mixing instructions on the label.

The Contractor shall, before beginning any treatment, calibrate the spray equipment using water to determine how many ounces of solution are delivered.

The Contractor will spray designated trees with solution using low volume sprayer – i.e. 10 to 20 psi. The point of spray will be on the tree’s trunk & root flare between the soil surface and 4 to 5 feet above the soil surface.

After determining each tree’s diameter at breast height (dbh), the Contractor will derive the number of ounces of solution to basal spray as directed by the product label. For each tree, the sprayer will be used to distribute the spray uniformly over the entire circumference of the tree trunk and root flare. Bark shall be wetted just to the point of saturation and run off.

Basal Spray - Mix This method is for treating all trees so designated in this contract. A Basal Spray of dinotefuran and imidacloprid may be requested as approved by the appropriate state – i.e. Pennsylvania or New York.

The Contractor will be responsible for mixing the insecticidal solution on the job site and shall follow all label directions for mixing of insecticide. The carboy will be sealed; then it will be shaken vigorously to mix the insecticide/water suspension.

The Contractor shall, before beginning any treatment, calibrate the spray equipment using water to determine how many ounces of solution are delivered. The Contractor will spray designated trees with solution using low volume sprayer – i.e. 10 to 20 psi. The point of spray will be on the tree’s trunk & root flare between the soil surface and 4-5 feet above the soil surface.

After determining each tree’s diameter at breast height (dbh), the Contractor will derive the number of ounces of solution to basal spray as directed by the product label. For each tree, the sprayer will be used to distribute the spray uniformly over the entire circumference of the tree trunk and root flare. Bark shall be wetted just to the point of saturation and run off.

Directions for tank mixing Safari® 20 SG and imidacloprid as a basal bark spray for Certified Pesticide Applicators: Mix 9.0 ounces (dry weight) of Safari® 20SG and 12.8 fluid ounces of Imidacloprid 2F in one gallon of water. There are 128 fluid ounces of water in one gallon and it typically takes 1.5 to 2.0 fluid ounces of solution to wet one diameter inch of bark just to point of runoff. Therefore, at the labeled application volume of 2.0 fluid ounces per inch diameter, 1.0 gallons of bark spray solution will treat 64 diameter inches of trunk. Keep bark spray solution agitated during application to keep product in suspension. You then need to calibrate the amount of time it takes for your sprayer to deliver 2.0 fluid ounces of bark spray solution at a constant pressure. You can then multiply that amount of time by the diameter of the tree to determine the correct amount to apply.

Stem Injection This method is for treating as designated trees in this contract. Imidacloprid (Merit 75 WSP®, Bandit 2F or equivalent) insecticide will be used.

The Contractor will be responsible for mixing the insecticidal solution on the job site and shall follow all label directions for mixing of insecticide.

The Contractor shall, before beginning any treatment, calibrate the stem injector using water to determine how many ounces of solution are delivered.

Stem injections must use low pressure (less than 40 psi) and “micro-injection” techniques (Arborjet IMA-jet/Tree IV system, Rainbow Tree M3 Infuser or equivalent). The Contractor will inject the stems of the designated trees with solution. The point of injection will be within roughly 18 inches of the bottom of the tree, spaced 6 inches apart and 5/8 to 1 5/8 inches in depth.

After determining each tree’s diameter at breast height (dbh), the Contractor will derive the amount of solution to inject as directed by the product label. For each tree, the injector will be used at several points around the stem of the tree to evenly space the required number of ounces into the soil the trunk of the tree.

Stem injectors shall be disinfected between trees with household bleach (10% solutions), ethanol (70%) or other disinfectant and rinsed clean after disinfection.

213 – Application Dosage Rates and Label Limits Contractor is responsible for checking dosage rate and current label application limits, completing calculations per acre and for keeping track of cumulative dbh treated in each stand. Contractor will not exceed allowable amount of active ingredient per acre as specified on product label.

Optimal Imidacloprid Dose for Eastern Hemlock

DBH

(in)

A.I.

(g)

Soil Drench or Basal Spray Soil Injection Soil Tablets

# of Fluid Ounces # of injector pumps # of Tablets

Water soluble packets

Imidacloprid

2F

Kioritz Injector (1/6 oz per pump)

1-Two Root Injector (1/4 oz per pump)

CoreTect 4 1.3 1.5 1.5 8 5 3 5 1.9 2 2 11 8 4 6 2.5 2.5 2.5 15 10 5 7 3.3 3.5 3.5 20 13 7 8 4.0 4 4 24 16 8 9 4.9 5 5 29 19 10

10 5.7 6 6 34 23 11 11 6.6 7 7 40 26 13 12 7.5 8 8 45 30 15 13 8.5 9 9 51 34 17 14 9.5 10 10 57 38 19 15 10.5 11 11 63 42 21 16 11.6 12 12 69 46 23 17 12.6 13 13 76 51 25 18 13.7 14 14 82 55 27 19 14.9 15 15 89 59 30 20 16.0 16 16 96 64 32 21 17.2 18 18 103 69 34 22 18.4 19 19 110 73 37 23 19.6 20 20 117 78 39 24 20.8 21 21 125 83 42 25 22.0 22 22 132 88 44 26 23.3 24 24 140 93 47 27 24.6 25 25 147 98 49 28 25.9 26 26 155 103 52 29 27.2 28 28 163 109 54 30 28.5 29 29 171 114 57 31 29.8 30 30 179 119 60 32 31.2 32 32 187 125 62 33 32.5 33 33 195 130 65 34 33.9 34 34 204 136 68 35 35.3 36 36 212 141 71 Maximum per acre ounces ounces pumps pumps tablets

Benton, E. P. and R. S. Cowles. 2016. Optimized Insecticide Dosage for Hemlock Woolly Adelgid Control in Hemlock Trees. The University of Georgia Warnell School of Forestry and Natural Resources, Tifton, GA, WSFNR-17-01.

Treatment Method Chemical Common Name Label Limit

Soil Drench or Injection imidacloprid

0.4 pounds A.I. per acre per year

256 cumulative DBH inches

Soil Tablets imidacloprid

0.5 pounds A.I. per acre per year (450 tablets)

300 cumulative DBH inches

Basal Spray dinotefuran

0.54 pounds A.I. per acre per year

190 cumulative DBH inches

Stem Injection imidacloprid No Limit

214 - Vegetation not to be Treated A. Any tree not designated by flagging or otherwise designated by COR as described above;

B. Any other trees designated not to be treated by the COR.

215 - Protection of Trees The Contractor shall use every precaution necessary to prevent spillage of insecticidal solution or insecticide on trees not designated to be treated.

216 - Stream, Lake and Reservoir Pollution Prevention During the handling, transporting and use of the insecticide, Contractor will use every precaution necessary to prevent pollution of any streams, lakes, reservoirs, or standing water with insecticide, insecticidal solution, or other harmful materials. No soil injection will be done to any stem standing within 100 feet, horizontal distance, of any public or domestic water source.

Insecticide mixing, loading, or cleaning areas in the field will not be located within 200 feet of private land, open water or wells, or other sensitive areas. Mixing and cleaning water must come from a public water supply and be transported in separate labeled containers. Under no circumstances will injectors, containers, or other contaminated materials be washed in any stream, lake or reservoir.

Violations are punishable under 36 CFR 261.11(c), and are subject to fine of not more than $500.00 or imprisonment for not more than 6 months or both.

217 - Protection of Improvements The Contractor shall protect all trails, roads, ditches, fences, campsites, picnic sites, horse stalls, interpretive signs, bulletin boards, restrooms and showers, and other improvements in the project area.

Access guidelines will be provided by the COR. Any road or trail used by the Contractor that is damaged by his operations shall be promptly repaired by the Contractor.

218 - Protection of Archaeological/Historical Resources The Contractor, upon the discovery of suspected archaeological or historical materials, shall cease work in the vicinity of such materials and immediately notify the COR.

219 - Final Clean-Up Before final acceptance all trash, rubbish, and debris generated by Contractor's operation shall be removed from National Forest Land.

220 - Transportation of Insecticides.

Contractor is legally responsible for the safe transportation of insecticides. Contractor shall follow travel routes designated by the COR when transporting insecticides from the public road system to the treatment sites. Transport vehicles shall be parked inside the treatment site in an area designated by the COR. Transportation of chemicals used on this contract shall be in accordance with label instructions and generally approved and accepted procedures for safe transportation of insecticides. The following precautions as a minimum shall be taken by the Contractor to prevent spills, accidents, injury, or theft.

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

2. No personnel shall be permitted to ride in the back of a vehicle with the insecticide.

3. Insecticide shall not be transported in the same compartment with food or clothing.

4. If any insecticide is spilled in or from the vehicle, it shall be cleaned up at once.

5. Maintain insecticides in secure conditions.

221 - Handling and Application of Insecticides.

Personnel handling insecticides shall wear protective clothing and or equipment as recommended by the insecticide manufacturer.

Insecticides shall not be applied, or equipment cleaned outside of areas designated by COR. Following these rules will make the use of insecticides safer for everyone.

1. Read the safety information on the label.

2. Wear the proper protective clothing.

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

4. Do not work alone.

5. Haul only the needed amount of insecticide

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

7. If insecticides are spilled, stop immediately, wash contaminated area, and remove contaminated clothing.

8. Wash hands after applying insecticides before eating or smoking.

222 - Disposal of Insecticide Containers All empty containers will be removed from the worksite and disposed of by the Contractor according to the established regulations of the appropriate state where the work occurred.

223 - Spill Protection Contractor will use every precaution necessary to prevent insecticide spillage in loading, transporting, pouring, and applying the insecticide. Contractor will at all times have available in vehicles transporting insecticide a spill kit consisting of items listed on the attached EMERGENCY SPILL PLAN. If a spill occurs, Contractor will immediately contain the spill, use the absorbent material to absorb it, and seal the material in the polyethylene bags. Every effort shall be made to keep it from contaminating water and other off-site areas. The spill shall be cleaned up as quickly as possible. Appropriate Federal, State, and local officials shall be notified. Insecticide spills shall be handled in accordance with the standard procedures for spill cleanup (40 CFR 117) and the accident plan prepared in the site-specific analysis (mitigation required).

The COR shall be notified immediately of any insecticide spill or accident. Contractor will deliver the material in the polyethylene bags to the pick-up point.

224 - Safety It is the Contractor’s responsibility to ensure that the work environment is safe for themselves as well as their employees. If the Contractor feels that a requirement of this contract would place them or their employees in an unsafe environment, then work should stop on that area of work and the Contractor should contact the COR. Work on other areas of the contract that the Contractor does not view as unsafe should continue.

The Contractor is required to follow all applicable OSHA standards while working on the job site. In addition, it is recommended that the successful Contractor utilize appropriate personal protective safety equipment/clothing, which may include, but is not limited to, a hardhat, leg protection, ear protection, eye protection and hand protection, while working in the project area. Contractor is required to keep COR/District posted to current work site.

Signs containing information about specific treatments will be placed along the perimeter of treatment areas where these areas are adjacent to roads, trails, recreation areas administrative sites or any other location where the public can be expected to enter the treatment area. These signs will state what insecticide was used, date of treatment, a short message on how the insecticide works, and contact information. Signs will be posted before treatment and remain for at least 30 days post treatment.

225 - Record Keeping and Reporting The Contractor must keep accurate, daily records (data sheets) of the dbh (inches) of each tree treated, the amount of chemical (ml) for each tree, and the cumulative amount of chemical (liters) at each site as treatments proceed.

Data recorded for treatments applied in any one workday must be provided to the park COR within one week (7 days) following that workday.

After completing all treatments, and prior to receiving payment, the Contractor must provide a digital data set in Microsoft Excel format of all trees treated at each site, including tree number, dbh, dose applied, cost for each tree, and cumulative cost.

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 Items (OCT 2018) Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION

2017-1 (AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JAN 2021) (DEVIATION JUL 2020)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (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).

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

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

(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 (June 2020), 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 (Jun 2020) (41 U.S.C.

3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

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

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

☐ (5) [Reserved].

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

☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101note).

☐ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15

U.S.C.657a).

[Contracting Officer check as appropriate.]

☐By the end of the base term of the contract and then by the end of each subsequent option period; or ☐By the end of the performance period for each order issued under the contract.

☐ (11)(ii) 52.219-3 Alternate I (Mar 2020) of 52.219-3.

☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (ii) Alternate I (Mar 2020) of 52.219-4.

☐ (13) [Reserved] X (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 (Jun 2020) (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 (Jun 2020) of 52.219-9.

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

☐ (ii) Alternate I (MAR 2020) of 52.219-13

☐ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

[Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (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 (Mar 2020) (15 U.S.C. 657f).

[Contracting Officer check as appropriate.] ☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (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 (Mar 2020) (15 U.S.C. 637(m)).

[Contracting Officer check as appropriate.] ☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (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 (Mar 2020) (15 U.S.C. 637(m)).

[Contracting Officer check as appropriate.] ☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (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 (Mar 2020) (15 U.S.C. 637(a)(17)).

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

☐ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)

(DEVIATION JUL 2020) (E.O.13126).

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

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

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

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

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

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

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

X (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).

X (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

☐ (36) 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.)

☐ (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 (Jun 2014) of 52.223-14.

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

8259b).

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

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

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

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

☐ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

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

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021) (DEVIATION JUL 2020) (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, 19 U.S.C. chapter 29 (sections 4501-4732), 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) (ii) Alternate II (May 2014) (DEVIATION JUL 2020) of 52.225-3.

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

☐ (50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (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 Items (Feb 2002) (41

U.S.C.4505, 10 U.S.C.2307(f)).

☐ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10

U.S.C.2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct

2018) (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 (Feb 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

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

Contracting Officer check as appropriate.] X (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

Crew Leader GS-5 $15.31/hr

Forestry Tech GS-5 $15.31/hr

Laborer GS-3 or GS-4 $12.19 or $13.68/hr

X (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

X (4) 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).

☐ (5) 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).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor…