OHIO MY INSTRUCTIONS - SOW - Rev. 2.docx

Revision 1 Dated 09/16/2022 Notes to Quoters

This solicitation is being posted as unrestricted. The applicable NAICS code 115310 with a small business size standard of $8 million. The government intends to award a fixed price Indefinite Delivery, Indefinite Quantity (IDIQ) contract as a result of this pre-solicitation notice and solicitation.

This solicitation is being prepared in accordance with FAR part 13 Simplified Acquisition Procedures. Quotations will be evaluated in accordance with 52.212-2 Evaluation – Commercial Items and using FAR part 13 awards based on best value.

Quoters must be fully registered in the System for Award Management (www.sam.gov) including current online representations and certifications, no later than the solicitation response date/time.

The U.S. Department of Agriculture (USDA) is an agency of the Federal Government and is tax exempt (Tax ID # 41-0696271).

Submit quotes to Kim Yen Tu at kimyen.n.tu@usda.gov by 10/31/2022 at 1pm Central time. Submit all questions in writing to Kim Yen Tu at kimyen.n.tu@usda.gov. Questions should be submitted no later than three (3) days prior to the response deadline to ensure adequate time is available to respond and to amend the solicitation if necessary.

A COMPLETE QUOTE SHALL INCLUDE THE FOLLOWING INFORMATION:

a. Sign and fill in contractor’s information on SF1449 Solicitation Form and all amendments (page 1). Please be sure to include contractor’s IEU and CAGE number.

b. Pricing Schedule (page 4). Alternative Pricing Schedules will not be considered. Quotes must include a price for all line items.

c. Complete Technical Capability as outlined in 52.212-1 Addendum (b) Quote Submission Requirements on page 30. Please be sure to provide requested information in the same order as information being requested.

d. Provide copy of 52.212-3 Offeror Representations and Certifications-Commercial Items and proof of active SAM registration.

e. NOTICE TO LARGE BUSINESS CONCERNS: The U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS) is committed to the participation of Small Businesses, Small Disadvantaged Businesses, Women‐Owned Small Businesses, HUBZone Small Businesses, and Service Disabled Veteran Owned Small Businesses in the performance of 12639522Q0118 Ivermectin Treated Corn solicitation and resulting contract. Your attention is directed to solicitation clauses 52.219‐8 entitled "Utilization of Small Business Concerns," and 52.219‐9 entitled "Small Business Subcontracting Plan."

If you are a large business with a quote exceeding $750,000.00, submission of a Subcontracting Plan in accordance with the above clauses will be required. If the potential awardee is a large business, the contracting officer will require a Subcontracting Plan to be submitted within 3 days of notification of potential award. The contracting Officer will review the plan using the following goals to assure that it represents your best efforts to maximize subcontracting opportunities. Award will not be made until the Contracting Officer approves the Subcontracting Plan. The quoter’s subcontracting plan shall meet or exceed the goals expressed below, in terms of percentages of total planned subcontracting dollars. The accepted plan shall be included in and made part of the resultant contract. The minimum required goals expressed in percent of total planned subcontracting dollars are:

a. Small Business 20.0%

b. Small Disadvantaged Business 5.0%

c. Women‐Owned Small Business 5.0%

d. HUBZone Small Business 3.0%

e. Service‐Disabled Veteran‐Owned Small Business 3.0%

f. Reporting (ISR/ESR through www.esrs.gov) 100%

It is the contractor’s responsibility to propose goals that are achievable. Adjustments to the above goals may be proposed and may be considered for negotiation by the Contracting Officer. The subcontracting plan will be evaluated in accordance with FAR 19.704 Subcontracting Plan Requirements, which can be accessed at the following website: https://www.acquisition.gov/browse/index/far

Contractors should be aware that failure to meet subcontracting goals in the performance of the contract may negatively impact performance evaluations, see also Clause 52.219‐16 LIQUIDATED DAMAGES‐SUBCONTRACTING PLAN (SEPT 2021).

Please fill out Questionnaire below to see if Subcontracting Plan applies to your business:

1. My firm is considered a large business based on NAICS code 115310 with a size standard of $8M

____ NO – Stop here ____ YES – Please see next question

2. Are there opportunities to provide small business subcontracting plan? If no, please provide short statement as to why there are no subcontracting opportunities. If yes, please fill out Attachment 3 Sample Subcontracting Plan and return with quote.

Name - Contractor Point of Contact

Signature Date

2. Price Schedule The line item quantities listed in the Pricing Schedule are estimates only for evaluation purposes and are not intended to convey either a minimum or maximum quantity that will be ordered by the Government. Guaranteed minimum under this contract is stated in clause 452.216‐73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS.

Base Year: 03/01/2023 – 02/29/2024

Total

Option Year 1: 03/01/2024 – 02/28/2025

of Marshaling Yard

Total

Option Year 2: 03/01/2025 – 02/28/2026

of Marshaling Yard

Total

Option Year 3: 03/01/2026 – 02/28/2027

Total

Option Year 4: 03/01/2027 – 02/29/2028

Total

Notes:

* Per Far 12.207 (b)(1)(ii)(B) a ceiling price will be established based on the best estimate of the amount of fuel required to perform the contract. Any change in the ceiling price will only be authorized upon a determination, documented in the contract file.

Statement of Work

1.0 Period of Performance

The contract period of performance includes a base year and four (4) option years. Estimated Marshaling Yard operations shall commence on or before March 1st, 2023.

1.4 Definitions

Contracting Officer (CO): A person with authority to enter into, administer, and/or terminate this contract and make related determinations and findings.

Contracting Officers Representative (COR): An individual delegated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions in relation to this contract.

Regulated Article: as defined by 7 CFR 301.51-2

a) Firewood (all hardwood species), and green lumber and other material living, dead, cut or fallen, inclusive of nursery stock, logs, stumps, roots, branches, and debris of half an inch or more in diameter of the following genera: Acer (maple), Aesculus (horse chestnut), Albizia (mimosa), Betula (birch), Cercidiphyllum (katsura), Fraxinus (ash), Koelreuteria (golden rain tree), Platanus (sycamore), Populus (poplar), Salix (willow), Sorbus (mountain ash), and Ulmus (elm).

b) Any other article, product, or means of conveyance not covered by paragraph (a) of this section if an inspector determines that it presents a risk of spreading Asian Longhorned Beetle and notifies the person in possession of the article, product, or means of conveyance that it is subject to the restrictions of this subpart.

2.0 Background

The ALB was initially detected in the United States in 1996 in the Greenpoint section of Brooklyn, New York. ALB was introduced into the United States on solid wood packing material accompanying cargo shipments from Asia. The beetle infestation in New York spread to Long Island (portions of Nassau and Suffolk counties, Queens County, New York County (Manhattan), and Richmond County (Staten Island). In 1998 a separate introduction of the beetle was discovered on trees in the suburbs of Chicago, Illinois.

Beetles were also detected in two separate New Jersey locations. In April 2008 USDA successfully eradicated the ALB infestations from Illinois and from Hudson County, NJ. In August 2008 an ALB infestation was detected in Worcester County, Massachusetts and subsequently in Boston Massachusetts in 2010. In 2011, an ALB infestation was detected in Clermont County, Ohio. Most recently an ALB infestation was detected in Hollywood, South Carolina in 2020. Currently USDA’s Animal and Plant Health Inspection Service’s (APHIS), Plant Protection and Quarantine (PPQ) division is implementing quarantine and control strategies in NY, MA, NJ, OH and SC that seek to eradicate this serious pest from the United States.

The Asian Longhorned Beetle is classified in the wood boring beetle family (Cerambycidae). Adults are 1 to 1½ inches in length with long antennae and are shiny black with small white markings on the body and antennae. After mating, adult females chew depressions into the bark of various hardwood tree species in which they lay their eggs. Once the eggs hatch, small white larvae bore their way through the cambium into the tree, feeding on the sensitive vascular layer beneath. The larvae continue to feed deeper into the tree’s heartwood forming tunnels, or galleries, in the trunk and branches. This damage weakens the structural integrity of the tree, eventually resulting in its death. Over the course of a year, a larva will mature and then pupate near the surface, under the bark. From the pupa, an adult beetle emerges, chewing its way out of the tree; forming characteristic round exit holes, approximately 3/8ths inch in diameter. Many of these holes will appear on a heavily infested tree frequently accompanied by frass and sap oozing from the holes. The emergence of the beetles typically takes place from June through October, with adults moving in search of mates and new egg‐laying sites to complete their life cycle (www.aphis.usda.gov).

2.1 General Scope of Work

The United State Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) Plant Protection and Quarantine (PPQ) Asian Longhorned Beetle (ALB) program is contracting for the grinding or incineration of ALB host and/or co‐mingled non host materials from trees, shrubs, limbs, branches, exposed surface roots and stumps (not all inclusive) infested or exposed to infestation by the Asian Longhorned Beetle in Clermont County Ohio. Service is in support of the USDA/Ohio Department of Agriculture (ODA) program for the eradication of ALB in in Clermont County Ohio.

The material for grinding will be from the current area of work which includes properties in Clermont County but the work area may expand into other counties throughout Ohio if other infestation pockets are identified. (See Attachment 2, Map of Quarantine Area.) As USDA/ODA continues surveys, additional infested trees are expected to be detected. The USDA is working under the authority of the Plant Protection Act of June 20, 2000, as amended, Section 412 (a), 7 U.S.C.7712 (a) and the Ohio Revised Code (ORC) Sections 901.051 and 927.70.

The contractor shall secure a Government approved location within the quarantine area and provide all personnel, labor, supervision, supplies, equipment, machinery, security, and materials required to properly operate and actively manage a marshaling yard/location for the temporary storage of woody host and non‐host comingled debris generated within the quarantine area(s), by homeowners, general landscape and other local contractors, or State, Local, and Federal authorities. The location shall be inspected and approved by the Contracting Officer’s Representative 30 days prior to commencement of Marshaling Yard operations estimated to be on or before March 1st, 2023. See also Section 3.0, Marshaling Yard.

2.2 Contractor Requirement

· The Contractor shall, without additional expense to the Government, 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 shall be responsible for determining what permits are necessary to perform under the contract. Copies of all permits shall be submitted to the COR.

· Before commencing work, the successful contractor (and any sub‐contractors) shall attend an ALB compliance training and be certified by the USDA to perform work within the ALB Regulated Area.

· Contractors shall ensure that employees and subcontractors have passed a standard commercial background check prior to conducting work for the program. The contractor shall provide evidence of background checks to the Contracting Officer or Contracting Officer’s Representative no later than 14 days after notice of award. The contractor may be required to provide evidence of background checks at any time during the contract.

· The Contractor shall pre‐screen employee candidates using the E‐verify program (http://www.dhs.gov/E‐verify) website to meet the established employment eligibility requirements. The contractor must ensure that the candidate has two valid forms of Government 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 Contracting Officer and Contracting Officer’s Representative no later than 14 days after notice of award

2.3 Public Relations

Contractor and subcontractor personnel shall display a positive image of USDA and the State of Ohio.

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

· The contractor shall perform all work with due care, taking precautions against injury to all persons, animals, or property and shall protect against damage to existing trees, plants, grass, turf, vegetation, or other exterior fixtures.

· 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.

2.4 Questions about the ALB Program Received From the Public/Media The contractor may receive inquiries relative to the removal activities from local residents or the media. All such questions received shall be directed to USDA personnel for official response. Literature about the ALB is available and will be provided to the contractor for distribution to members of the public interested in the ALB and the USDA tree removal program.

The contractor and subcontractors are barred from discussing or providing interviews to the media or press relative to the ALB program without the consent of the Contracting Officers Representative (COR).

News releases (including promotional literature and commercial advertisements) pertaining to this Contract shall not be made without prior written USDA approval, and then only in accordance with the explicit written instructions from the USDA. No results of the activities associated with this Contract are to be released without prior written approval from the USDA and then only to persons so designated.

2.5 Identification

The contractor shall require each employee (including subcontractor employees) to visually display a photographic identification badge. The badge placement on each person shall be consistent and it shall be readily visible to another individual. The badge shall be worn at all times during working hours. The badge shall display the contractor’s company name and phone number, “Asian Longhorned Beetle Cooperative Eradication Program,” and the employee’s full name and full facial image.

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. All employees shall have and use as appropriate any and all required ANSI/OSHA approved personal protective equipment.

All employees working on this contract shall portray a positive image (in dress, mannerism, actions, and speech). 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 for approval within two weeks following notice of award.

The contractor shall furnish and maintain all necessary signage at the yard as required by State and local authorities. This includes all necessary signs for the safe movement of traffic, including stop signs, speed limit signs, dumping instruction signs, safety signs, hours of operation including a phone number for afterhours, Open/Closed signs, etc.

There shall be at least 2 additional signs located at the marshaling yard. The first shall be at the entrance and the other shall be at another visible location (e.g., if one side of the yard faces a street it should be on that side of the yard.) Signs shall be of professional quality, clearly legible at 20 feet, and with white lettering on a green background to read as follows:

ASIAN LONGHORNED BEETLE COOPERATIVE ERADICATION PROGRAM MARSHALING YARD

USDA, ANIMAL AND PLANT HEALTH INSPECTION SERVICE OHIO DEPARTMENT OF AGRICULTURE

(513) 381‐7180

All signs are subject to USDA approval.

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

3.0 Marshalling Yard Work/Specifications

The marshaling yard shall be a minimum of 60,000 square feet and be laid out in such a way to prevent the comingling of regulated articles with deregulated articles. The marshaling yard shall also be arranged so that regulated materials can be deposited while allowing for the operation of equipment deregulating the woody material (i.e. grinding or incinerating material). The marshaling yard shall be accessible from a public road with sufficient room to allow vehicles to enter and exit the yard safely.

At the marshaling yard the contractor will be responsible for the stacking, loading, general handling, and chipping or tub grinding of all such material to deregulated size, and the proper disposal of the deregulated chips or tub grindings, or incineration of the material and disposal of incinerated residue. The contractor will supply and maintain a suitable climate controlled office trailer with a desk or cabinet to be used exclusively by the Government and suitable to secure necessary paperwork; toilet facilities; and covered observation post at the yard for the use of contractor personnel and Government inspectors that may be assigned to monitor yard operations. The office trailer shall include steps to the entrance. The facilities must be waterproof and heated / air conditioned.

The contractor is to supply refuse containers, police the facility for litter, and perform maintenance to the property as needed. This includes snowplowing, building maintenance, pruning, weed suppression, and keeping roadways clean of mud/dirt/debris/snow. It is the responsibility of the contractor to conduct operations in a fashion that ensures the safety of public and private entities that come to the Marshaling Yard in accordance to OSHA guidelines and regulations which are available for review in the office.

Contractor must provide all necessary equipment and personnel for complete safe operations of the yard. This includes having necessary equipment for operation of a chainsaw when needed.

The contractor must assure the marshaling yard is fenced, secured, and monitored. This is to ensure that unauthorized personnel cannot access the regulated material.

Contractor must provide a point of contact to the USDA who will be available for periodic meetings regarding the activities and progress of the operations. The contractor must make a good faith effort to maintain a point of contact that can be reached 24 hours per day, 7 days per week, in case of an emergency.

Contractor must provide access to the grinding/incineration operation by USDA or other USDA‐approved parties for purposes of record inspections, research activities, etc. within the constraints of health and safety regulations and efficient operations of the yard.

The contractor is responsible for safeguarding the marshaling yard and equipment used in the process at all hours of the day, including occurrences outside of business operation hours.

3.1 ALB Flight Season

Adult beetle emergence typically occurs between June 1 and October 31. To account for any early or late emergence that may occur, beginning at 0800 hrs 21 May through 12 Nov 1630 hrs, regulated material at the marshaling yard must be chipped within 48 hours of receipt of material, including weekend hours of operations. The 48-hour grind rule is to ensure that regulated material, which may be harboring ALB, is deregulated quickly to minimize the likelihood that ALB adults emerge and disperse. If seasonal conditions are such that ALB adult emergence is anticipated to occur outside the May 21 and November 12 dates (based upon Growing Degree Days) the 48-hour grind rule dates may be adjusted.

The contractor shall ensure that all material is deregulated, or the risk is mitigated by chipping, prior to the 48 hour deadline from receipt of material. If this requirement is unmet by the deadline, for reasons within control of the contractor, the following consideration shall be deducted from the next invoice following the quarterly Contractor meeting in the following amounts:

* An occurrence is defined as a breach of contract per each 48 hour period that the material sits on site and has not been deregulated. The fines are cumulative. This means that the contractor will be fined for every 48hr that has passed and material is not deregulated.

Example: Materials received 4/2/2022 at 11am. Deadline to deregulate is 4/4/2022 at 11am. If contractor does not meet that deadline it, this will be counted as the first occurrence (-$500). If the material is still not deregulated within 48 hours after 4/4/2022 at 11am which is 4/6/2022 at 11am, this will count as the contractors second occurrence (-$1500) of not meeting the deadline.

Materials received on 7/12/2022 at 11am was not deregulated within 48 hours by 7/14/2022 at 11am. This will be counted as a third occurrence (-$1500).

Failure to meet the 48 hour deregulation time frame or any other requirement stated in the statement of work may also affect the contractors annual performance evaluation which is entered in CPARS.gov.

3.2 Hours of Operation

All operations at the marshaling yard performed by the contractor may only be done in the presence of an USDA‐appointed representative. This includes, but is not limited to, receiving, shipping, and grinding materials as well as removing equipment from the yard. The marshaling yard must remain closed and locked unless an USDA‐appointed representative is present.

The marshaling yard shall be open for receiving material from the public: Monday - Friday, 8:00 a.m. to 4:30 p.m., and on the first Saturday of each month from 9 a.m. to 1 p.m. Material from Removals Contractors and USDA activities may extend outside of regular work hours above.

The Government can receive material at the marshaling yard during times that are outside the normal hours of operation due to unforeseen circumstances, such as a tornado, which may render the contractor unable to be physically on site. The contractor is not required to be present at the time such material is received outside of normal hours of operation., but shall be onsite (except emergencies such as mentioned) Monday through Friday, 8 a.m. to 4:30 p.m. The government will make a good faith effort to notify the contractor if such an occurrence happens to help ensure the 48-hour guideline for grinding materials is met during flight season.

The Contractor is responsible for scheduling and executing the work within the time specified in the contract. The contractor should expect the need to schedule deregulating operations, outside of the hours the Marshaling Yard is open for receiving material from the public. Coordination shall be through the Contracting Officer’s Representative. The Government is responsible for scheduling the USDA‐appointed representative. The contractor shall cooperate fully with Government employees and shall carefully adapt scheduling as necessary. Schedules may be changed as mutually agreed upon by the Contractor. If there is a request for scheduling changes, it must be presented in writing and agreed upon by the COR in advance. If an emergency occurs, courtesy will have the contractor notify the COR while finding a suitable replacement.

The Contractor shall will be present during business hours, or longer as explained above for deregulation purposes during the ALB flight season, however if both parties agree, the contractor may be absent during normal hours of operations providing that they notify the Contracting Officer’s Representative 24 hours in advance of absence for atypical weather events, emergencies, or medical/public health reasons.. The Contractor may not be required to perform work on the Federal Observed Holidays specified for each year at the following OPM website: https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=Overview

There are other on‐going Government contracts and work in the area of this project. The Contractor shall coordinate their work with the other contractors to prevent delays and interferences with those contracts and the Government’s efforts to eradicate Asian Longhorned Beetle. The Contractor should expect rescheduling requirements due to these contracts and work.

Hours of operations may be adjusted but should not interfere with the ALB eradication mission, nor hamper the operation of the marshaling yard, including the safety, management, and function of the site if so agreed upon by the COR and the prime contractor. All work hours are daylight permitting.

3.3 Receipt of Material

The Government shall be responsible for overseeing and reviewing the receipt of all materials to be deregulated regardless of whether they are delivered by a public utility, commercial landscape/tree service, or a private individual. The contractor shall be responsible for chipping or incinerating all woody debris approved for receipt into the yard by USDA, whether or not reimbursed by USDA (for example, if the contractor independently receives any woody material at this facility, not reimbursable by the USDA, the contractor shall be responsible for chipping or incinerating all such woody debris).

Material received at the Marshaling Yard is primarily woody debris (i.e. tree trunks, stumps, branches, logs) and may include other materials such as soil, sand, stones, and rocks. A small portion of materials received may include other miscellaneous debris (i.e. nails, wires, concrete, metal) that a tree has grown around or attached to.

The Government will visually inspect loads of material brought to the Marshaling Yard. The Government will not receive garbage. If there is an attempt to bring in a mixture of garbage and woody debris, the Government will require that it is sorted by the depositor. The sorting may occur at the yard upon approval by the Government. For example:

The Contractor shall plan its work and select its equipment in anticipation of encountering materials as described. The Contractor shall not be entitled to an adjustment in contract price as a result of encountering the materials identified, or similar to those identified, in this paragraph. The Contractor shall immediately notify the Contracting Officer’s Representative whenever there is a significant change in the nature of the material received and accepted by the Government.

3.4 Communication

The contractor shall have a minimum of one cell phone per foreman (and provide the numbers to USDA) to use to maintain communications with designated employees of contractor and USDA. The contractor shall be responsible for the maintenance and proper operation of the telephones at its expense. Acceptable forms of communication with the Contracting Officer Representatives include group text, emails with courtesy copy, Instant Messaging group, or person to person voice call. All communications regarding personnel or yard activities should be directed to the active COR.

3.5 Deregulation Options

3.5.1 Grinding and Disposal of Material

The contractor must assure that regulated and deregulated materials remain separated at all times. Any co‐mingled material will be reprocessed at the contractor’s expense. A clearly defined separation point between regulated and deregulated material must be maintained at all times.

All wood must be chipped, ground, or shredded inside the regulated area to a size of less than one inch (1”x 1” surface area). Wood chips that exceed this size must be re‐chipped to the required specifications. A chipper subject to the chipper requirements below under 3.4.3 may be used to chip material to meet the 48 hour requirement, but the wood chips must be re-chipped to the required size (1” by 1” surface area). Chips of this size are not subject to federal or State regulations and shall be disposed of as follows:

The US government will not permit the sale of deregulated materials to occur on property operating under a Federal government eradication project to which the government has a vested interest. Contractors cannot sell deregulated material on site to the public. Excess deregulated ALB material can be taken off site and sold by a private business on privately owned property.

Every Friday (as selected by the USDA), deregulated chips/mulch shall be made available free‐of‐charge to properties within ALB‐quarantined areas with a maximum being 10 cubic yards per property owner or resident within Quarantine Zone. Property owners or residents can have multiple properties but still may only collect 10 cubic yards. This stipulation is due to the anticipated reduction in total volume of material being processed. To keep distribution fair to the whole affected community, there is a per customer limit. If the total amount of material available as mulch to the residents is below the amount that is desired by the residents or owners, the amount that everyone may take will be reduced from ten cubic yards to a smaller quantity. These chips are for the personal use of residents that reside inside of the ALB Ohio quarantine area. On the day after chips are made available to property owners the contractor may dispose of the remaining chips at the contractor’s discretion.

The first Saturday of each month (as selected by the USDA), the contractor shall load the free‐of‐charge chips for the property owners with a maximum being 10 cubic yards per property. If the Saturday falls on a National Holiday, the very next Saturday will be made available to disburse mulch to the public. On the other days when property owners are allowed to obtain free‐of‐charge chips, the contractor can load the chips for the property owners, but has no obligation to do so. The free chips offered to the public are for personal use only and the quantity is limited to no more than 10 cubic yards per property owner or resident per above stated days (every Friday by hand, first Saturday of the month with loader). Under no circumstance is the Contractor or an associate permitted to sell any type of woody material from the government site. Before any chips are dispersed to property owners or removed from the marshaling yard by the contractor the government will inspect the chip pile to ensure it is composed exclusively of deregulated chips.

Contractor must provide independently mobile loading equipment to bring wood to the grinder.

Contractor must provide front‐end loader with conventional bucket for loading transport trucks. Chip loading at temporary sites must be done with a loader of sufficient power, reach, and capacity to complete the work to USDA specifications.

Chip loading at stationary site can be done with the aid of a ramp, bucket size should be sized to assure sufficient capacity to load trucks efficiently.

3.5.2 Incineration Method

If the selected method of deregulation is incineration, it is the sole responsibility of the contractor to assure that the process is compliant with all local, state, and federal laws and that any required permits are obtained.

The contractor will be responsible for the proper disposal of any residual debris/ash resulting from the incineration process after it has been inspected by the government to ensure that it is completely deregulated.

Contractor must provide independently mobile loading equipment to bring wood to the incinerator and any other equipment required.

3.6 Reporting Requirements/ Records Requirement

Contractor shall provide all reports deemed necessary by USDA, including but not limited to, recordkeeping associated with the designated site records of material ground, safety training and weekly safety inspections of personnel, and grinding operation, including production output sent for incineration.

Records shall attest that all portions of the regulated material have been appropriately processed. The Contractor shall provide paper tickets, with carbonless copy forms, for recording the amounts of material received, and one original will go to the USDA COR, and one copy to the Contractor. The amount will be agreed upon, and a paper ticket is considered valid for payment once the monitor has signed the form. These tickets shall include serialized numbers, and include space for the following information:

1. Date and Time

2. License number of the conveyance hauling woody material

3. Capacity of the truck, trailer or conveyance

4. Quantity of material

5. Carrier / Hauler information (name of company, driver moving material)

6. Notes

7. Signature of Monitor

8. Signature of Contractor’s Representative

3.7 Safety Precautions

Safety must be given top priority and will take precedence over deadlines, production schedules, and all other considerations.

The contractor will perform the work according to OSHA guidelines in taking precautions against injury to persons, damage to property, and interference with vehicular and pedestrian traffic. The contractor will perform the work to control the potential fires resulting from combustion of wood material, in accordance with local Fire and Safety authorities. The contractor shall take the necessary precautions to ensure the safety of all persons engaged in the work of this contract.

The contractor must prevent traffic hazards by erecting barricades, lights or signs at his/her own expense. 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 written consent of the proper authorities. The contractor is advised to post “No Parking” signs prior to commencing work. Signs will be taped or tied in place. Stapling, nailing or tacking of signage to trees or utility poles is strictly prohibited. All signs are to be removed upon completion of work. If permits are required for posting signage it will be the contractor’s responsibility to secure the permits and pay any fees or bonds required. Contractor has the right to decrease material loaded while providing mulch, to less than the full 10 cubic yards, if the vehicle and conveyance (trailer, etc.) cannot haul the material without a likelihood of littering mulch. The property owner or resident could return again to collect enough material to receive their full ten cubic yards.

Any spills or leaks of fuel from fuel tank are required to be contained and cleaned by the contractor. Proper containment and cleaning materials will be available on site to ensure this is done properly according to environmental regulations. The USDA does not reimburse for the material costs of these items, nor the proper disposal of contaminated items. Record of spills and leaks will be kept by USDA in determining contractor compliance and rating of contractor work.

4.0 Equipment Specifications

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

· Tub Grinder or Horizontal Grinder and/or Chipper: Minimum of 30” capacity needed in order to process large pieces of regulated material within the 48 hours guidelines. A rate of 80+ yards of deregulated material per hour is considered acceptable. All material that comes to the Federally contracted site must be processed on site. NOTE: Site specifications will require larger capacity or additional equipment. When using a chipper to partially process materials to meet the 48 hour requirement, and then finish grinding after the 48 hour requirement to meet the 1”x1” deregulation standard, the RPM’s cannot fall below the threshold of 200 revolutions per minute (rpm) less than the factory recommended rpm setting (on high), per the following examples.

Examples:

All chippers registered for use in an ALB quarantine zone should come equipped with digital auto reverse tachometer controller that coordinates feed roller stop or reverse if engine loses rpm. These controlling systems come standard with new chippers, or alternatively can be installed as an aftermarket purchase on chipping equipment. They are recognized under various trade names relative to equipment manufacturer (e.g. AutoFeed Plus – Bandit; SmartFeed – Vermeer; AutoSense – Morbark). Controllers can be manually set to the -200 rpm (200 rpm below the high standard operating rpm) low end threshold and should be fully operational prior to chipping in a regulated ALB quarantine zone.

At the conclusion of chipping in the quarantine zone, operators shall pass brush through the chipper to ensure that all unchipped remnants have been processed. One last visual inspection into the chipper knife chamber should then be made before transport to be sure that the chamber is free of material that would potentially pose a risk.

· Incinerator: high heat/clean burn technology with exhaust opacities under 10% per EPA Method 9 Testing

· Contractor must provide independently mobile loading equipment to bring wood/debris to the grinder/incinerator (e.g. loader with claw attachment).

· Contractor must provide front‐end loader with conventional bucket for loading chip transport trucks if producing chips/mulch.

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

4.1 Condition of 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 Inspector 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 supplies, equipment, and material that are 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.

5.0 Crew Qualifications

Contractor warrants that it has the necessary personnel to perform the work described in this Statement of Work in the time period of performance. Contractor warrants that only personnel with the necessary training, skills and experience are to be assigned to this contract. Crew personnel must be experienced and possess the equipment operating skills to successfully complete this Contract.

Contractor shall comply with all the applicable laws and regulations of the U.S. Department of Labor and U.S. Immigration and Naturalization Service. Undocumented workers are not authorized to work on this contract.

The contractor must review and abide by the description of the ODA and USDA ALB Quarantine. Before commencing work, the successful contractor (and any subcontractors) shall attend an ALB compliance training and shall be certified by the USDA and ODA to perform work within the ALB Quarantine area. The training will be provided at the Ohio ALB Program office at a mutually agreeable date and time.

5.1 Foreman

The contractor shall ensure that one foreman, as described under the US Department of Labor standards, is assigned to work with and supervise work at the marshaling yard during hours of operation. USDA shall not pay the travel costs for replacement of unacceptable staff or emergency staffing changes. The Foreman or woman shall be expected to accomplish the management and safety functions of the yard, and oversee operations and equipment, including but not limited to removal of trash, waste and debris; grinding of regulated material; removal or containment of safety hazards; handling emergencies; monitoring and directing the flow of traffic at the Yard; placing and replacing signage, fire extinguishers, barriers, and other structures for normal yard operations and security. The foreman or operator is also responsible for calling a mechanic and performing standard maintenance, and for control of weeds and managing the grounds.

The Foreman is the principal point of contact with the Contracting Officer and the Contracting Officer’s Representatives. In order to assure continuity of operations, the Foreman or a delegate shall be at the Marshaling Yard 8:00 am to 4:30 pm, Monday to Friday, except on Federal Holidays (as stated under Hours of Operation, all Federal Holidays are listed at the following OPM website: https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=Overview.) The Foreman may be the only representative of the Contractor on site, as stated under Hours of Operation, or may delegate a representative operator, qualified to operate all equipment and perform all functions to administer the yard, to be on site in their place, as long as the Foreman or a representative of the Contractor with the full knowledge and ability to operate the site is available by telephone. The Contractor or point of contact (Foreman) shall remain available to the Contracting Officer’s Representative by cellular phone during all hours, including outside of operations in case of an emergency. If the Foreman cannot be on site for any reason, notice should be given at least 24 hours prior to any absence, and a replacement on site to fulfill the Foreman’s duties, except for emergency absences for which no other staff replacement is available. This may not apply during times of national emergency, pandemic, extreme weather events or other unforeseeable, extremely unusual events, and is subject to the discretion of the Contracting Officer.

6.0 Damage Claims

It is the contractor’s responsibility for repairing any damages to buildings, sidewalks, cars and any other property damage caused by the contractor’s operation. The contractor shall be responsible for the treatment costs and financial losses of an individual physically injured or treatment costs or value of an animal owned by a private party, be it a “pet” or livestock, if injured, or killed by contractor operations. The contractor shall notify the USDA of any damages by the end of the business day on which such damage occurred or were reported by a property owner, except that injuries to persons or animals will be reported immediately to the COR/COTR via cell phone or in person. All damage shall be repaired within two (2) weeks or other time frame as agreed upon by the two parties. The contractor shall supply, on company letterhead, an original of the release agreement signed by the injured party and counter‐signed by a Principal of the contractor indicating that the damage claim has been resolved. An alternate acceptable release shall be a letter from the contractor’s insurance company indicating policy number, contractor’s name and address, contract number, location, claimant’s name and address, and a statement saying that they are processing said claim and releasing the USDA from any and all liabilities. The contractor has three (3) weeks from the time the damage occurred to submit the release to the USDA for final approval.

The USDA as an agency of the Federal government is a self‐insured entity. The Federal Tort Claims Act (28 U.S.C. 1346(b), 2671 et seq) is the legal mechanism for compensating persons injured or property damaged by a negligent or wrongful act of a Federal employee, when committed within scope of their employment. Employees of the USDA are Federal employees and are covered by the Federal worker’s compensation insurance if injured while in the performance of their duties.

7.0 Contractor Performance Requirements

The Contracting Officer (CO), Contracting Officers Representative (COR), and other Government personnel, as appropriate, will meet periodically with the contractor to review the contractor's performance. At these meetings the CO or COR will apprise the contractor of how the government views the contractor's performance and the contractor shall apprise the Government of problems, if any, being experienced. The contractor shall also notify the Contracting Officer (in writing) of any work being performed that the contractor considers over and above the requirements of the contract. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government. Meetings may be in person, or teleconference as agreed to by the parties.

The contractor shall become familiar with restrictions and regulations established by all governing authorities having jurisdiction. Implementation of restrictions and regulations will not be considered as grounds for any additional costs over the contract sum. All work shall be performed in accordance with the most recent revision of the American National Standards Institute (ANSI) A300, Tree Care Operations ‐ Tree, Shrub, and other Woody Plant Maintenance – Standard Practice (www.tcia.org), and applicable Occupational Safety and Health Administration regulations (www.osha.gov).

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. This material is to be disposed of in a manner acceptable to authorities having jurisdiction.

The contractor shall comply with recommendations from the State of Ohio or other Government entity as approved by USDA to minimize air pollution due to dust and other particulate dispersal, erosion, and soil damage in connection with any operations under this contract. The contractor will install all mitigation measures according to the most recent standard available. Further, the contractor will comply with all applicable state and federal laws pertaining to air and 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 as follows:

No hazardous materials, including but not limited to oils, fuels, and hydraulic fluids, may be deposited during contracted operations. This excludes the legal application of herbicides in accordance with label instructions, local, state, and Federal regulations. In the event that hazardous materials, inclusive of approved herbicides, are deposited on private or Government lands through an accidental spill or otherwise, the contractor agrees to immediately contain the spill using appropriate means and further agrees to notify the Government 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 Government, including but not limited to removal and appropriate disposal of contaminated soil based on the Government's determination. All petroleum products, industrial chemicals and similar materials will be stored at the contractors staging facility only and in durable containers, so any accidental spillage does not drain into any river, watercourse, lake, or reservoir.

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.

The Contractor shall supervise and direct the work, using skillful labor and proper equipment for all work. The Government reserves the right to inspect the site, verify quantities, and review operations at any time.

8.0 Contract Administration

8.1 Payments

The payment provided for in the contract shall constitute full compensation for furnishing all…