12639518R0026_VA_SLF_Treatment.pdf

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APHIS-MRPBS-ASD-6395

250 Marquette Ave Marquette Plaza, Suite 410 AAMD Procurement Branch

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05/03/2018 1300 ET

04/12/2018

612-336-3625LEAH SCHULTZ

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12639518R0026

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MINNEAPOLIS MN 55401

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Tax ID Number: Not Available DUNS Number: Not Available Solicitation for Spotted Lantern Fly tree treatment in Virginia

Please contact Leah Schultz at leah.h.schultz@aphis.usda.gov with any questions regarding this solicitation.

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55 2 of

SLF Treatment Solicitation Solicitation #: 12639518R0026

1.0 STATEMENT OF WORK FOR SPOTTED LANTERN FLY (SLF) TREATMENT

1.1 Scope

United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine (PPQ) program safeguards U.S. agriculture and natural resources against the entry, establishment, and spread of economically and environmentally significant pests, and facilitates the safe trade of agricultural products.

The Spotted Lanternfly (SLF) (Lycorma delicatula) was initially detected in the United States in 2014 in Southeastern Pennsylvania. It has since spread through over 3,000 square miles within Pennsylvania. USDA believes the accidental introduction into the United States was through egg mass movement accompanying cargo shipment(s) from Asia. Since its initial detection in Berks County, SLF has spread through the adjacent region into at least Bucks, Carbon, Chester, Delaware, Lancaster, Lebanon, Lehigh, Monroe, Montgomery, Northampton, Philadelphia and Schuylkill Counties through both human-assisted and natural spread. If left unmitigated, continued expansion into adjacent areas will likely occur. A population is now confirmed in Frederick County Virginia. The USDA expect populations needing to be treated outside the current known infested areas (core) possibly including other areas of Virginia, New Jersey, Maryland and Delaware. As a result, the USDA is seeking the application of approved herbicide and insecticide on priority properties in the state of Virginia.

1.2 Period of Performance and Contract Type

APHIS may issue multiple IDIQ contracts to combat Spotted Lanternfly (SLF) in Virginia. The number of awards given will depend on the proposals received. The period of performance for this contract shall include a six-month base period, a six-month option period, and two option years.

1.3 Background

Despite feeding on a number of plant species, SLF has a strong host preference for Ailanthus altissima (the invasive “tree of heaven”) to complete development to the adult stage. This relationship provides a unique opportunity to reduce populations using insecticide treatments. The strategy outlined here relies on treating with herbicide the majority of Ailanthus altissima on known infested properties with the exception of a few remaining male Ailanthus altissima “trap trees” which are then treated with the insecticide dinotefuran using a bark spray application. The goal of incorporating tree herbicide on these treatment properties is to concentrate the populations on these remaining treated trap trees. Ultimately, the goal is to have all Ailanthus altissimatrees treated with either herbicide or insecticide in an identified area.

1.4 Definitions

Contracting Officer (CO): A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. Contracting Officers may bind the Government only to the extent of the authority delegated to them.

Contracting Officer’s Representative (COR): An individual designated and authorized in writing by the contracting officer to perform specific technical or administrative functions. If the Contracting Officer designates a COR or Alternate COR, the Contractor will receive a copy of the written designation. It will specify the extent of the COR’s authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

DBH: Diameter at Breast Height: The diameter of a tree measured at ~4.5 feet from the ground. See below* for

DBH measurement for details.

Host: Ailanthus altissima also known as “tree of heaven” is currently the only identified host for either herbicide or insecticide applications.

Hack and Squirt: A method of pesticide application designed to deliver herbicide to the plant’s vascular system.

Livestock: Live mammals commonly raised for food, fiber, and riding such as goats, sheep, cattle, alpaca, and horses.

Site: parcel(s) where work is to be performed.

Basal Application: Herbicide application applied to the trunk of the subject tree used for trees with a DBH of 0.1”-6”.

Foliar Application: Herbicide application applied to the leaves of the subject tree used for trees with a DBH of 0.1”-6”.

Insecticide Application: bark spray insecticide applied to trees with a DBH greater than 6”.

1.4.1 Tree DBH Measurement

Diameter at Breast Height (DBH) is ordinarily measured at 4.5 feet (54 inches, approximately 1.3 meters) above the ground, perpendicular to the direction of growth and rounded to the nearest whole number. There are several instances where this must be modified (refer to in below link).

1. On sloping ground, measure (4.5 ft) on the uphill side of the tree

2. If a tree is leaning over, use the “underside” of the trunk to determine 4.5 feet. This means measure 4.5 ft from the base of the tree along the trunk, not straight up from the ground. Should there be a conflict, measuring on the uphill side of the tree takes precedence to measuring on the underside of the tree.

3. If a disruption (a branch, wound, nodal swelling, etc.) is in the way, measure just above the disruption. If the disruption extends more than two inches above DBH (beyond 56” above ground) try to measure just below the disruption. If the disruption also extends more than two inches below DBH (disruption spans entire area from 52” to 56” from ground) measure beyond the disruption as near as possible to 54 inches.

4. If there is trunk divergence into multiple trunks below 54 inches ( 1.3m), then measure diameter at ½ the distance from the point of divergence to the ground.

5. If there is trunk divergence into multiple trunks at 54 inches (1.3m) then measure just below the point of divergence at the point of “crown swelling”

6. Multiple trunk growth will be counted as separate trees if there is no clear trunk divergence above the soil line or in cases where the tree bases are fused or cracking between the trunks exist, it may be necessary to treat these multiple trunks as individual trees

7. For measurement of trees growing in unique situations, the COR will make the final determination on treatment DBH.

Visual estimates or guesses will not be accepted from either contractor or USDA. The COR will be the final deciding official in cases of disputes in measuring these trees.

Figure 1. https://www.americanforests.org/wp-content/uploads/2014/12/AF-Tree-Measuring-Guidelines_LR.pdf

1.5 Site Plans

The overall goal with SLF is to treat all Ailanthus altissima trees either with insecticide or herbicide. The USDA alone, or in conjunction with the contractor will determine the best treatment plan for a subject site. Then, the contractor shall develop treatment plans for identified properties as specified in task orders. Task orders may include the specific requirements and information necessary to successfully develop a treatment plan, including but is not limited to, maps with locations of trees to be treated, a tree list with written GPS coordinates, tree size, tree species, location, comments, and contact information when available/known. The contractor shall prepare a written property assessment form/ plan in consultation with the property owner prior to treating trees in a manner which meets USDA’s plan for treating all Ailanthus altissima. The contractor may prepare the plan with the tenant or other primary point of contact with permission from the property owner.

The treatment plan shall contain the following:

• address where treatments are to take place;

• name of property owner(s);

• mailing address of property owner if different from treatment address;

• property point(s) of contact and contact information if different from property owner;

• phone numbers for contractor and USDA;

• number of Ailanthus altissima to be treated (herbicide or insecticide);

o Location (Lat and Long), DBH is initially expected but may be slightly altered.

• pre-existing property damage (photo/video documented);

• property/work site hazards (this includes but is not limited to any power and/or communication line, streams, etc.);

• designated parking for USDA/state monitors’ GOVs and staging areas for contractors’ vehicles;

• designated parking and staging areas

• a proposed schedule for completing the tree requirements

• signature panel for property owner/POC, USDA, and contractor to sign prior to the start of the work;

• signature panel for property owner/POC, USDA, and contractor to sign, attesting that the work has been completed;

• any other information deemed necessary by the contractor, USDA, or property owner prior to the start of work

• the respective roles, responsibilities, and delegation of authority for the Project Manager and Foremen

Treatment contractors should be as diligent as possible in identifying and appropriately treating any Ailanthus altissima not marked by the site assessment crew, or identified in site plan development. Cost for additional treatment may be considered by USDA and USDA has final authority in granting payment for trees treated outside the agreed upon site plan.

The tree locations including latitude and longitude coordinates as well as the DBH of every treated tree must be documented in a format that is easily uploaded into USDA and state information technology systems.

The property owner must be given the opportunity to review, contribute to, and approve the plan. USDA expects that treatments will occur within 5 working days from a home owner’s approval of the plan and within https://www.americanforests.org/wp-content/uploads/2014/12/AF-Tree-Measuring-Guidelines_LR.pdf

10 working days of receiving the task order. A copy of the completed plan must be provided to, and approved by, the USDA prior to treatment of the targeted tree(s) from the property. Any demands made by the property owner that are deemed unreasonable by the contractor must be brought to the attention of the USDA. The USDA will consult with the property owner and the contractor, and provide the final decision to the property owner and the contractor.

If the contractor is unable to notify a property owner for any reason, the contractor must document their efforts to contact the property owner and provide that documentation to the COR with the written property assessment form/ plan. The USDA will make a final decision on whether any further action will be taken.

The USDA reserves the right to require the contractor to develop addenda to approved plans. Addenda to plans shall include: address where work will be done, property owner information or point of contact information, reason for addendum, signature panel for property owner/POC, USDA, and contractor to approve the addendum. Only one set of signatures shall be needed from the contractor, property owner, and USDA. The final signatures shall be on the primary plan. All work associated with developing addenda to property assessment/ plans is considered incidental to site plans.

1.6 Herbicide and Insecticide Application

A. Approved Herbicide Currently, Triclopyr (Garlon) or equivalent is the primary herbicide expected to be relied upon. Glyphosphate (Roundup) or equivalent may also be considered to treat small sprouts. USDA is exploring other herbicide options and may require some deviation from this. If herbicides other than Triclopyr or Glyphosphate are required, an addendum to the price schedule will be negotiated and added to this contract via a formal modification.

Trees that, when killed with herbicide, can be deemed hazard trees or danger to human health, will not be sprayed with herbicide. Alternative treatments will then be considered by the USDA. Generally, Ailanthus altissima above 6” DBH would fall into this category. Vendors will be responsible for verifying that the trees marked for herbicide application are not inadvertently created hazard trees.

The USDA has determined that foliar or basal application or hack and squirt are the most effective at killing Ailanthus altissima. Contractors will be responsible for determining optimal application of the herbicide in accordance with the manufacturer’s label.

B. Insecticide As for insecticide treatment, Dinotefuran (TRANSTECT 70 WSP) or equivalent is applied via bark spray method as the primary insecticide treatment. A small number of areas will have to be treated at up to 3X the standard label rate. In these circumstances, applicators will have to use a Special Local Needs Label (24c).

USDA is exploring other insecticide options and may require some deviation from this. If other insecticides are required, an addendum to the price schedule will be negotiated and added to this contract via a formal modification.

C. Application Requirements Herbicides and insecticides must be applied in accordance with label directions in order to eliminate exposure of people, pets, wildlife, and the environment. Each applicator must carry in their vehicle a copy of all the required labels and SDS for each herbicide and insecticides applied under this contract, in addition to an applicator license in conjunction with the applicable state Department of Agriculture pesticide laws.

The contractor shall comply with local, State, and Federal laws for the application of chemical treatments, storage and disposal of pesticides and herbicides, chemical containers, and pesticide and herbicide reporting requirements. Certified pesticide and herbicide applicators shall wear required safety equipment as required by Federal, state, and local laws, regulations and statutes. Any failure to comply with appropriate regulations observed by USDA personnel will result in an immediate work stoppage of all treatments until the infraction has been remedied and may result in termination of the task order.

The contractor shall provide all personnel, labor, supervision, supplies, equipment, and materials required to treat SLF infested trees with the application of approved herbicides and insecticide.

The Contractor shall, without additional expense to the USDA, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The contractor is responsible for coordinating access with property owners and obtaining work permits for all properties as required. Coordinating access and work permits must be obtained prior to the start of work on such properties (1.10 Permission).

The contractor is responsible for completing work with the highest quality standards, timeliness, and least public disruption as this is critical to the success of the SLF project.

As USDA continues surveys and as additional infested trees are identified, or if other control methods like high-risk host are selected, USDA/state may order additional work as necessary. The contractor must maintain at least one crew and have the capacity to expand to 10 crews at any time (the maximum number the contractor will be required to provide). See 52.216-19, Order Limitations and 452.216-73 Minimum and Maximum Contract Amounts.

D. Application Area Maps of the current SLF quarantine zone where operations are expected to take place is included below.

General application areas and survey areas in VA are shown below. Surveys in NJ, DE, and MD have been conducted but are omitted on this map as they are all negative for active SLF populations to date.

1.7 Site Restoration

Except as otherwise specified in this contract, all costs associated with site restoration shall be incidental to the Pricing Schedule item with which the restoration work is most closely associated.

All turf damage (primarily herbicide) shall be repaired to a condition comparable to or better than what it was before the start of operations. If there is pre-existing grass the ground shall be restored using topsoil and grass or seed and application of straw. Grass and/or seed type must be approved by the USDA, but should be a mix/blend suitable for the conditions where it is being sown and comparable to the variety already present. If there is another type of ground cover damaged (e.g. flower beds, mulch beds, ground ivy, etc.) comparable replacements agreed upon with the property owner must be made before restoration is considered complete and payment made. Seeding shall be scheduled when beneficial results can be obtained. If the contractor was required to relocate any fixtures or property (e.g. fences, furniture, gates, lawn equipment, hunting blinds) to complete the work of this contract (i.e. items are limiting accessibility to the tree), all fixtures and/or property shall be returned to the original site, repaired to its original condition, or if it cannot be repaired, replaced with an item of equal or higher quality at the contractor's expense. The restoration of the fixtures to their previous condition shall be accomplished before any given worksite or property is considered complete and final payment made.

The contractor is not responsible for restoration of pre-existing damages caused by the property owner or any third-party that was recorded and reported to the COR prior to working on the property. The contractor will be responsible for ensuring this is recorded prior to treatments.

1.8 Tree Removals

USDA will not be responsible for tree removals under this contract. If this is required the vendor must notify the USDA representative to coordinate this effort.

1.9 Site Work/Work To Be Done

All work shall be performed in accordance with the most current version of the American National Standards for Tree Care Operations: Tree, Shrub, and other Woody Plant Maintenance and Standard Practices A-300 (rev.2001), Arboricultural Operations/Safety Requirements Z133.1 (2006) published by the American National Standards Institute (ANSI), and applicable Occupational Safety and Health Administration (OSHA) regulations.

All work under this contract shall be performed in a skillful and workmanlike manner. At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly supervise the work or assign and have on the worksite a competent supervisor who has authority to act for the Contractor. This description of the work, while part of this contract, is for general information only. It is not to be construed as an exclusive definition of the work that will be required. Each task order will include the specific requirements related to the work covered by the task order and delivery / performance requirements.

The contractor shall become familiar with restrictions and regulations established by all governing authorities having jurisdiction. Unfamiliarity with existing restrictions and regulations are not grounds for a contract claim.

1.10 Permission to Treat Trees

The USDA/state will provide property owners with a legal notice upon the discovery of SLF infestation on their property or within the buffer area. These legal notices will inform the property owner that the SLF infested trees should be treated, and that the contractor will be making arrangements with them to discuss the process and develop a plan. The contractor shall not treat any tree from any property where the property owner has not been notified by USDA/state and which does not have an approved plan.

A. Permission to Access If the contractor needs to gain access to the targeted trees through a neighboring property, the contractor shall obtain permission to access through the neighbor’s property in writing. The written permission will be added to the original work plan. All restoration on the property used to gain access to the targeted trees shall be completed before work plan for the targeted tree(s) will be signed as completed.

1.11 Investigating the Property Site

During development of plans, the contractor shall take steps reasonably necessary to ascertain the nature and location of the work at a given property site, and to investigate and satisfy itself as to the general and local conditions which can affect work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the ability of labor, water, electric power, and roads; (3) uncertainties of weather, stream conditions, or similar physical conditions at the site; (4) the conformation and conditions of the ground; (4) the character of equipment and facilities needed preliminary to and during work performance.

The contractor shall satisfy itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the treatment site, including all exploratory work done by the USDA, as well as drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the USDA.

The USDA assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the USDA.

1.12 Treatment Progression

Contractor shall be responsible for planning and executing all treatments. All plans for treatments must be shared with and approved by USDA. Contractor and USDA will review progress at regularly scheduled meetings and revise future plans as needed. The USDA will provide the contractor with upcoming locations on a continuing and as-needed basis.

1.13 Contractor Monitoring

Tree treatment activities shall require Federal and/or State oversight to ensure that tree treatment work is done in accordance with the plan agreed upon by the contractor, property owner, and USDA, to record all data, to bear witness to all contractor activities, and to certify the proper handling and disposal of tree debris in accordance with the Plant Protection Act of June 20, 2000, as amended, Section 412 (a), 7 U.S.C.7712 (a), the applicable state Plant Pest Act. The contractor shall not commence any work without a USDA or state representative (monitor) on site and within view of work being done. The USDA is responsible for ensuring monitors are on site while operations are occurring. If at any time USDA or state staff has to leave the property while operations are occurring, all work shall cease until the monitor returns. If the crew is unable to start work because of the absence of the monitor the contractor shall notify the COR immediately so the issue can be addressed.

1.14 Execution of treatment

Work shall be performed with due care to prevent injury to persons or animals, damage to real and personal property, and undue interference with vehicular or pedestrian traffic. Work shall be completed with undue inconvenience or disruption to the general public and property owners.

The contractor shall protect against damage to all trees, plants, and other fixtures; and if necessary shall use ground protection equipment.

1.15 Safety

The contractor will perform the work with due care taking precautions against injury to persons, damage to property and interference with vehicular or pedestrian traffic. The contractor shall take the necessary precautions to ensure the safety of all persons engaged in the work of this contract.

A. TRAFFIC DISRUPTION

Work sites shall be accessed from public roadways when possible. The contractor must prevent traffic hazards by erecting barricades, lights or signs at the contractor’s expense. The contractor shall have staff dedicated to the direction of traffic anytime lanes of traffic are blocked by equipment or fall within the work zone. The contractor is required to follow the rules and regulations of all other agencies and all authorities who have jurisdiction to safeguard the public. No thoroughfare of any kind shall be closed without the coordination and written consent of the applicable state Department of Transportation or the appropriate delegated party.

B. MISCELLANEOUS SAFETY CONCERNS

a. The contractor shall conduct all operations in connection with this contract in compliance with applicable provisions of Federal, State and Local labor safety, health and sanitation laws, codes, and regulations.

b. All surplus material from sites shall be cleaned up and disposed of in accordance with the applicable requirements. All areas shall be kept clear. The contractor shall clean, sweep and restore to original condition, all areas of paving, parking, lawns and sidewalk that have been disturbed or dirtied by the work of this contract at the end of each day. This material is to be disposed of in a manner acceptable to authorities having jurisdiction.

c. At the end of each work day, safety/security items such as doors, fences and alarm system components that were damaged or required , replacement or adjustment to perform the work will be restored, unless otherwise directed in writing by the USDA’s representative or the property owner. All barriers, signs, flags, flagmen/flashers, temporary fencing, temporary facility (light, electric, hoisting, etc.) and all other measures required to protect workers/employees and to protect the public as required by code, law and all authorities having jurisdiction and to separate work areas from non-work areas will be provided and maintained by the Contractor.

C. SAFETY PROGRAM IMPLEMENTATION

Contractors shall establish and maintain a safety program for their employees. This program will include maintaining and auditing safety performance for compliance with applicable federal, state and local regulations, and established safety and environmental requirements, including but not limited to the contractor’s safety and hazard communication programs. Contractors are to conduct regularly scheduled safety inspections of the work site by contract and subcontract personnel. The scope or duration of work may regulate the frequency of these inspections.

Contractors must take immediate corrective action when violations of job safety, fire, or environmental safety hazards are present. Contractors are to review their safety performance. Failure to correct a problem may result in work stoppage in the related area, and work cannot be resumed until the program is corrected. If work stoppages occur, the contractor must notify the APHIS safety point of contact.

Contractors are required to administer their own safety activities and are responsible for the safety of their employees. If requested by APHIS, contractors will submit a written copy of a description of their company’s safety program. The contractors will provide a copy of all safety training/classes upon request from the APHIS safety program. The contractor’s safety program must meet federal, state, and local regulatory requirements and be equivalent to or more stringent than APHIS’s program. Where the programs are in conflict or the contractor’s program does not address an issue, the APHIS safety program will govern. If required by the project, contractors and their safety specialist or designee must attend a pre-work safety conference with APHIS prior to beginning work. The purpose of the conference is to review procedures, forms, recordkeeping and reporting, and ensure the contractors and their personnel have a clear understanding of the safety program relevant to the work to be performed.

D. REGULATORY COMPLIANCE

The contractor shall comply with all federal, state, and local statutes and regulations including but not limited to the Occupational Safety and Health (OSH) Act, the Federal Compensation Act, the Clean Water Act, the Clean Air Act, the Resource Conservation and Recovery Act, the Oil Pollution Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Public Health Act, National

Fire Protection Association standards, and National Electrical Code.

E. OSHA REGULATIONS

Contractors shall know, understand, and comply with the OSH Act of 1970 and implementing regulations (29 CFR 1910 and 1926) as it pertains to their work activities. The OSH Act is administered by the U.S.

Department of Labor in conjunction with the federal Occupational Safety and Health Administration (OSHA) or OSHA-approved state programs. Contractors must also comply with OSHA regulations and the General Duty Clause, which state that each employer “shall furnish to each of their employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.” Furthermore, the contractor must comply with OSHA recordkeeping requirements (29 CFR 1904) using OSHA logs 300, 301, and 300A, Logs of Occupational Injuries and Illnesses. The contractor must report all work-related fatalities to OSHA within 8 hours. The contractor must all report all accidents in which one or more people experience inpatient hospitalizations, amputations or losses of an eye, to OSHA only if they occur 24 hours of the work-related incident (29 CFR 1904.39).

F. HEALTH MONITORING

Contractors shall track all employees working on APHIS job sites.

G. HAZARDOUS MATERIALS INVENTORY

Contractors must prepare a hazardous materials inventory before the materials arrive onsite. The hazardous materials inventory must contain:

1. Chemical name or the common name used on the SDS or container label.

2. Quantity stored onsite.

3. Area where the hazardous material is stored and to what extent it may be stored at altered temperatures or pressures.

The hazardous materials inventory must be prepared by the contractors for each work area and updated within 30 days of any addition or removal of a hazardous material, or when the quantity stored materially changes. The APHIS safety program may ask the contractors to submit electronic or hard copies of the hazardous materials inventory and SDS before the hazardous materials are onsite. Contractors may not store hazardous materials onsite without written consent from the site safety officer.

H. SAFETY DATA SHEETS

Contractors must maintain the most current SDS provided by manufacturers and distributors of the material. If the contractor does not receive SDS from the manufacturer or distributor, the contractor should submit a written request for the SDS. The SDS must provide information in the areas required by OSHA in 29 CFR 1910.1200(g)(2). A copy of each SDS must be maintained at the work site. The copy must be easily accessible to contractors, employees, and APHIS personnel.

1.16 Hazardous Materials/Chemical Spills

The contractor will comply with all applicable state and federal laws pertaining to water quality in connection with any operations under this contract. The contractor will take every reasonable precaution not to pollute or obstruct the flow of any stream, lake or reservoir on or adjacent to the contract area.

Contractors must have available for APHIS a list of chemicals or hazardous materials used in performance of their work and a copy of the Safety Data Sheets (SDS) for each material. The receipt of the list of SDS by APHIS does not relieve the contractor from requiring employees and other persons performing work to assume responsibility for the safe use, storage, and disposal of hazardous materials.

Contractors must require their suppliers, agents, and employees performing work, to use an approved substitute chemical or material in the place of a chemical or material that APHIS has restricted for use. Chemicals or materials brought onsite by employees and other persons performing work must bear a label stating the identity of the chemical or material, hazards associated with it, and the name of the responsible party bringing the chemical or material onsite. No hazardous materials, (e.g. oils, fuels, and hydraulic fluids), may be deposited during contracted operations. This excludes the legal application of herbicides and insecticides in accordance with label instructions, local, state, and Federal regulations. Waste resulting from the work must be properly disposed of by the responsible contractor in accordance with federal, state, and local regulations. If the contractor is uncertain about proper waste disposal, he/she should contact the APHIS environmental representative. In the event that hazardous materials, excluding approved herbicides and insecticides, are deposited on private or USDA lands through an accidental spill or otherwise, the contractor agrees to immediately contain the spill using appropriate means and further agrees to notify the USDA as soon as possible regarding the type, amount, and location of deposited materials. The contractor is liable for all costs incurred from the cleanup of all spills and leakages of hazardous materials from the contractor’s equipment. The contractor agrees to correct the situation to the satisfaction of the USDA, including but not limited to, clean-up, restoration and appropriate disposal of contaminated soil and regulated material based on the USDA's determination. These will be disposed of in accordance with applicable laws. Contractors are required to keep accurate records of the types and quantities of waste, including but not limited to hazardous waste, and the facilities in which the waste is treated, incinerated, or disposed. The contractor must provide APHIS with copies of these records. Contractors cannot discharge or allow liquids (including muddy water) or chemicals to flow into a sewer or an open body of water, such as rivers, lakes, streams, washes, or drainage ditches.

All petroleum products, industrial chemicals, and similar materials shall be stored in appropriate containers in one location at the contractors staging facility so any accidental spillage does not drain into any river, watercourse, lake, or reservoir.

Equipment observed to have leaks shall not be used until such time as the leak has been repaired. All leaks must be contained until the equipment can be removed from the property for repairs.

1.17 Performance Standards

• 80% of properties completed within 20 days of having property turned over to contractor from USDA.

• After property treatment USDA expects to see significant efficacy of SLF populations and minimal re-sprouting of Ailanthus altissima.

• Forty-eight (48) hour response time to property owner concerns.

• Adherence to the quality control measures presented in contractor’s quality control plan submitted and approved by the USDA.

1.18 Workers’ Compensation And Employers’ Liability

Contractors, whether or not their contracts are subject to Cost Accounting Standard 416, are required by law and this regulation to provide insurance for certain types of perils (e.g., workers’ compensation) per 48 CFR 28.301.

2.0 GENERAL REQUIREMENTS

2.1 Contractor Requirements

1. A valid pesticide business license for any location work is performed. The contractor must have a valid and appropriate Pesticide Application Business License for any jurisdiction work is performed. A copy must be submitted to the Contracting Officer’s Representative within 10 days following notice of award.

2. The contractor must provide State Certified Commercial Pesticide Applicators or any additional requirements as required by law to directly supervise the application of herbicide and insecticide under this statement of work.

3. The contractor must be insured at the minimum levels established by the state that holds the application license.

4. At least one arborist, employed on a fulltime basis, with current certification from the International Society of Arboriculture (ISA) or equivalent organization shall be available for immediate consultation each day when any work is being conducted.

5. If there are identified railroad lines and other transportation locations in the area, safety training or clearance for access must be accomplished before the start of activities. The contractor is responsible for tracking safety personnel as required, including but not limited to flaggers and lookouts. This may be accomplished by using contractor personnel or if required, railroad authorized staff. The contractor is responsible for all associated costs for this staff.

6. Before commencing work, the successful contractor (and any sub-contractors) shall attend a SLF compliance training and be certified by the USDA to perform work within the SLF Regulated Area. The training will be provided at the Pennsylvania or USDA SLF Program office at a mutually agreeable date and time. Other location may be considered at USDA’s option.

7. Contractors shall ensure that employees and sub-contractors have passed a standard commercial background check prior to conducting work for the program. Qualifications must be presented to the COR no later than 3 business days after notice of award.

8. The Contractor shall pre-screen Candidates using the E-verify Program (http://www.dhs.gov/E-Verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of USDA issued identification prior to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the notice of award.

2.2 Project Manager

The contractor shall designate a Project Manager (which will serve as Contractor’s Representative (CR)) for overseeing the work performed under this contract. The Project Manager shall have a minimum of three years’ experience overseeing multiple work crews working simultaneously on projects.

The contractor shall ensure that one foreman is assigned to work with and supervise each crew. The contractor will define the respective roles, responsibilities, and delegation of authority for the Project Manager, and Foremen in their detailed work plan. USDA shall not pay the travel costs for replacement of unacceptable staff or emergency staffing changes.

http://www.dhs.gov/E

Contractor Foreman shall be present in the field with their respective crews in treatment areas at all times while work is being performed. If at any time the Foreman must leave the site, he shall designate a temporary Foreman to direct work in his/her absence. The Foreman shall inform the USDA monitor of the name of the temporary Foreman as well as the length of the expected absence prior to leaving the site. Refer to section 2.1.4 Use of Subcontractors for additional Foreman requirements in regard to subcontractors.

The Project Manager shall remain available to the USDA COR by cellular phone on a 24-hour / daily basis during active field operations.

2.3 Contractor Identification

The contractor shall require each employee, including subcontractor employees, to be in possession of a photographic identification badge at all times when working under this contract during working hours. The badge placement on each person shall be consistent and it shall be readily visible to another individual. The badge shall display the contractor’s company name and phone number, “Spotted Lanternfly Cooperative Program,” and the employee’s full name and full facial image. Individuals actively engaged in tree work do not need to wear their identification badges on lanyards but must have them on their person so that it can be produced at any time. The project manager and any personnel interacting with property owners shall have the identification badge readily visible.

The contractor shall also require its employees, as well as subcontractors, to wear a uniform and safety vest clearly identifying them as working for the contractor. Uniforms and IDs will be approved by USDA. The contractor shall submit in their technical proposal a description and image of the uniform and a sample of the

ID.

The contractor shall have two signs secured to every vehicle used during the performance of this contract. Signs shall be of professional quality, clearly legible at 20 feet, and with black lettering on a white background to read as follows:

SPOTTED LANTERNFLY COOPERATIVE PROGRAM USDA

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

[APPROPRIATE STATE DEPARTMENT(S) OF AGRICULTURE]

Example:

SPOTTED LANTERNFLY COOPERATIVE PROGRAM USDA

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

VIRGINIA DEPARTMENT OF AGRICULTURE

(717) 241-0137

The contractor’s vehicles shall be clearly marked to identify the vehicle as being a part of the contractor’s fleet.

Commercial vehicles used by the contractor must have appropriate commercial plates and abide by state vehicle regulations.

2.4 Subcontractors

The contractor must have a full-time foreman present at each job site directing the work of the subcontractor(s) and acting as the point of contact for that crew and the USDA. The foreman shall be an employee of contractor holding this contract and shall direct the work of the subcontractors. No work shall be done by the subcontractor without both the foreman from the holder of this contract as well as the USDA monitor present. (See paragraph

1.13 Contractor Monitoring.) One foreman from the holder of this contract may oversee multiple subcontractors on the same property. The use of one or more subcontractors shall not inhibit the timeliness of any work required under this contract, and the payment structure of subcontractors must be such that work designated for, or started by, one subcontractor can be transitioned to another subcontractor without difficulty or delay.

For example, if one subcontractor’s equipment breaks down, a different subcontractor must be able to assist or complete the property so debris and/or equipment is not left on location overnight.

2.5 Equipment Specifications and Condition

Contractors must have the equipment necessary to complete operations. Each piece of equipment may not be required for each treatment; conversely, site specifications may require additional equipment, tools or supplies not listed below.

Upon request by the COR or Contracting Officer, the contractor must present specifications for any required equipment that will be used during the performance of the contract.

The contractor is responsible for furnishing all equipment necessary to accomplish the work. Necessary equipment may include, but is not limited to, the following:

1) Squirt Bottles

2) Hatchet or other device

3) Sprayers (backpack, mechanical or other)

4) Herbicide application equipment

The contractor shall ensure that all supplies, equipment, and materials required for use in the performance of this contract are in good operating condition. Equipment that is in unsatisfactory condition, or determined by the contractor or USDA to be unsuitable for safe and efficient performance of the services required of this contract shall not be used, or promptly removed from the work site and replaced with equipment that is in good operational condition. Equipment that is observed to be leaking fluids of any kind shall not be used on the project until repairs are completed so there is no leaking of fluids.

2.6 U.S. Fish and Wildlife Requirements and Concerns

USDA has identified the following potential species in the assessed area of Virginia as threatened or endangered. As new areas are examined additional species and work will be considered. The most recent Environmental Assessments and actions should be consulted by the vendor prior to any work being completed. https://www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/sa_environmental_assessments/ct_slf

As SLF may move into other counties/states, the contractor will need to be vigilant in identifying any threatened species that may be impacted by the work performed under this contract and take the necessary precautions to maintain compliance with any local, state or federal laws.

2.7 Public Relations

Contractor and subcontractor personnel shall display a positive image of USDA and the state with which the work is being performed. All work shall be performed in accordance with the most recent revision of the American National Standards for Tree Care Operations: Tree, Shrub, and other Woody Plant Maintenance and Standard Practices A-300-1995, published by the American National Standards Institute, and applicable Occupational Safety and Health Administration regulations.

• All personnel must be courteous, and work shall be completed with minimal interference, inconvenience or disruption to the general public and property owners.

• The Contracting Officer may require, in writing, that the Contractor remove from the work any https://www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/sa_environmental_assessments/ct_slf https://www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/sa_environmental_assessments/ct_slf employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

• Arguments, fights, use of profanity, and other negative public displays that could adversely affect USDA's public image may be grounds for removal of offending parties or the issuance of a stop-work and cure notice by the Contracting Officer without entitlement to any equitable adjustment of the contract price or extension of the performance schedule.

2.8 Tree Operations and Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work sites, which are not to be treated and which do not unreasonably interfere with the work required under this contract. The Contractor shall only treat trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place.

(b) The Contractor shall protect from damage all existing improvements and utilities

(1) at or near the work site, and

(2) on adjacent property of a third party, the locations of which are made known to or should be known…