1267T018Q0028Final2.docx

1267T018Q0028 Joint Chiefs Weed Treatment – Pine Ridge RD Nebraska National Forest

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

901202

2. CONTRACT NO.

1267T018Q0028

6. SOLICITATION ISSUE

DATE

March 16, 2018

Brenda Oster Contracting Officer

b. TELEPHONE NUMBER (No collect calls) 605/673-9322

8. OFFER DUE DATE/

LOCAL TIME

April 5, 2018

USDA Forest Service Rocky Mountain Acquisition Service Team 1019 N. 5th Street Custer, SD 57730

|X| SMALL BUSINESS |_| WOMAN –OWNED SMALL BUSINESS (WOSB)

|_| HUBZONE SMALL BUSINESS ELIGIBLE UNDER THE WOMEN OWNED SMALL

BUSINESS PROGRAM

|_| SERVICE DISABLE VETERAN- |_| EDWOSB-

VETERAN-OWNED SMALL

BUSINESS |_| 8(a)

NAICS Code 561730 Size Standard $7.5 million

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|X| SEE SCHEDULE

12. DISCOUNT TERMS

14. METHOD OF SOLICATION

|X| RFQ |_| IFB |_| RFP

Pine Ridge Ranger District 125 N. Main Street Chadron, NE 69337

See Block 9

17a. CONTRACTOR/ OFFERER

TELEPHONE NO. DUNS #____________________

FAX NO.

E-Mail Address: ________________________ 18a. PAYMENT WILL BE MADE BY

USDA, OCFO, COD, APB

PO Box 60075 New Orleans, LA 70160

|_| 17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUMBIT INVOICES TO ADDRESS SHOWN IN BLOCK 18A UNLESS BLOCK BELOW IS CHECKED |_| SEE ADDENDUM

19.

ITEM NO

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Joint Chiefs Weed Treatment Pine Ridge Ranger District Nebraska National Forest

Contractor must be registered in the System for Award Management (www.sam.gov) to be eligible for award of this project.

Insert your prices on page 3.

25. ACCOUNTING AND APPROPRIATION DATA

JOB CODE

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

|X| 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5. |X| ARE |_| ARE NOT ATTACHED.

|_| 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA |_| ARE |_| ARE NOT ATTACHED

|_| 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ONE

COPY TO ISSUING OFFICE, CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN |_| 29. AWARD OF CONTRACT: REFERENCE RFQ AG-05G1-S-12-00XX OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN , IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (Signature Of Contracting Officer)

30b. NAME AND TITLE OF SIGNER (Type or Print)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (Rev. 2/2012) Prescribed by GSA-FAR (48CFR 53.212

1267T018Q0028 Joint Chiefs Weed Treatment – Pine Ridge RD Nebraska National Forest

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Quotations submitted are considered to be confidential. The name of the Contractor and the amount of the contract will be disclosed only after an award is made.

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

CORRECTFOR

36. PAYMENT

|_| COMPLETE |_| PARTIAL

|_| FINAL

37. CHECK NUMBER

|_| PARTIAL

|_| FINAL

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.2/2012) BACK

Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

Non Discrimination Statement The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

This procurement requires the use of biobased products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, are reasonably priced. Where available, these products should first be acquired from among qualified products that fall under the umbrella of items designated through the Federal Biobased Products Preferred Procurement Program (FB4P).

For more information on biobased program: http://www.biopreferred.gov To locate biobased products: http://www.biopreferred.gov

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

Pine Ridge Ranger District Joint Chiefs Weed Treatment

Grand Total

NOTE: Apply herbicide at optimal stage of plant development to be most effective. For the species being treated, this could require the contractor to return to an area at varying times. The preferred development stage for the targeted species in this contract is early spring in the rosette stage or prior to setting seed (Spring/Early Summer).

*NOTE: At this time, no funding is available for Option Item 0010. The Contracting Officer may exercise this option and fund it by written notice to the Contractor September 30, 2018.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

NEBRASKA NATIONAL FOREST

PINE RIDGE RANGER DISTRICT& OGLALA NATIONAL GRASSLAND

NOXIOUS WEED TREATMENT SERVICES

SCOPE OF CONTRACT

The services covered in this solicitation and resultant contract are for applying herbicides for the control of noxious weeds on Public Lands. Areas to be treated are predominately forested and rangeland with riparian areas (creeks, dams, or dugouts) Pine Ridge Ranger District. The species being targeted are: Canada thistle, Scotch Thistle and Hound’s Tongue. Attached maps represent known locations of noxious weeds based on 2017 inventory.

LOCATION AND DESCRIPTION

Project areas that are included under this contract are all Forest Service lands within the Pine Ridge Ranger District south of Chadron. Maps showing infestation locations and the treatment areas are attached. Areas of limited access exist within the treatment area. In these areas the contractor shall select a method of travel (motorized, foot, horseback) in meeting the contract specs.

TECHNICAL SPECIFICATIONS

PERFORMANCE STATEMENT OF WORK (PWS)

NOXIOUS WEED TREATMENT SERVICES

SECTION I – GENERAL

1.1 SCOPE OF WORK. The contractor shall be required to:

· Furnish any and all labor, transportation, equipment, herbicide, supplies (including personal protective equipment), water, services, supervision, permits, and licenses necessary to treat noxious weeds.

· Spot applications by equipment will require 10 gallons of water/herbicide mix per acre for the target species. Contractor will be required to transport water to all sites.

· Apply herbicide at optimal stage of plant development to be most effective. For the species being treated, this could require the contractor to return to an area at varying times. The preferred development stage for all targeted species is in the rosette stage or prior to seeding (spring/early summer).

· The successful contractor shall submit treatment data in the specific data format of the Nebraska National Forests & Grasslands Noxious Weeds Geodatabase. The database is an ESRI ArcGIS version 9.2 personal geodatabase. The database contains the spatial and tabular data. All data elements are required.

· Contractor will provide GIS based maps along with raw GPS data of treated areas along with pesticide application records to the Forest Service at the completion of the contract. The contractor will also be required to provide the Forest Service with total gallons of active ingredient per acre applied at the conclusion of the project.

· Contractor will comply with all pesticide use requirements set forth under Title 25, Chapter 2, Nebraska Administrative Code.

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

1.1.1 LOCATION DESCRIPTION. The treatment area covers two priority sections of the Pine Ridge Ranger District. (See attached maps) These maps show the known infestation locations within these priority treatment areas based on past inventories. They are for reference only and are approximate in nature.

1.1.2 PERIOD OF PERFORMANCE. Services covered in this solicitation and resultant contract are to be performed during the 2018 field season. Work may begin when the target plants are actively growing and weather conditions allow them to be susceptible to herbicide effects as per label directions. Work may begin on or about the beginning of May 2018 and the Contractor shall complete all fieldwork by August 1, 2018. All reports are due no later than two weeks following completion of field work.

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

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

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

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

SECTION II – DEFINITIONS

2.1 STANDARD DEFINITIONS

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

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

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

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

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

2.1.6 GOVERNMENT INSPECTOR. A government person responsible for surveillance of contractor performance.

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

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

2.1.9 SPRAY SHEET. Field spray sheets, provided by the NNFG, that the contractor will use to document location and type of herbicide used on a particular area are required to be submitted to the COR/Inspector bi-weekly.

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

2.2 TECHNICAL DEFINITIONS

2.2.1 ACCESS TO TREATMENT AREAS: Access to treatment areas requires travel and treatment operations on or near: paved roads, graveled County roads, and non-graveled two track Forest Service roads. The treatment areas may be along or away from roads and within areas with no developed road access. Access is allowed off designated routes as displayed in the Nebraska National Forest’s Motorized Vehicle Use Map by authorization only issued by the Pine Ridge District Ranger. Your access must be timed such that road or trail surfaces are not subjected to unreasonable resource damage.

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

2.2.3 BOOM SPRAYER: Spray equipment capable of delivering a minimum of 20 gallons per acre. Boom sprayers shall be equipped with an identifier system to minimize swath overlap such as a ribbon or flagging system. ATV/UTV boom-less nozzles are not considered as boom sprayers.

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

2.2.5 GIS & GPS SPECIFICATIONS:

Field Survey Operations and Procedures:

Treat and record noxious weed sites in accordance with the Nebraska National Forests and Grassland Noxious Weed User Guide (separate attachment) of this solicitation. The final product submitted is inventory and treatment data in the specific data format of the NNFG Noxious Weeds Geodatabase; this will be submitted to the COR upon completion of treatment. During the contract the contractor is required to submit raw GPS data and accurate field sheets to the COR bi-weekly to ensure that the information is being recorded correctly. The database is an ESRI ArcGIS version 9.2 personal geodatabase. The database contains the spatial and tabular data. All data elements are required.

Field survey operations using GPS are required, but not limited to using:

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

2. Computer with hardware capacity to run ArcGIS 9.2 software and to convert GPS data into ArcGIS shapefiles.

3. ArcGIS 9.2 or newer software (ESRI) for aggregating exported GPS files into ArcGIS shapefiles

4. Knowledge and understanding of the requirements of the NNFG Noxious Weed User Guides.

5. Knowledge of GPS and GIS accuracy and standards.

GIS Layer:

1. All weed treatment sites will be combined into one ESRI ArcGIS version 9.2 polygon personal geodatabase. The database contains the spatial and tabular data. Geodatabase will be referenced to the North American Datum, 1983 (NAD83) in the Universal Transverse Mercator (UTM), zone 13 projection will be used. Coordinates will be reported in meters.

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

3. Shapefiles will be exported using code values assigned in the Data Dictionary along with the additional attributes:

· PDOP

· Receiver Type

· Correction Status

· Data File Name

Final GPS and GIS products submission

· The following digital data is to be electronic: Field sheets, raw GPS files that have been differentially corrected, and final GIS Geodatabase.

2.2.6 MIXING SITE: All mixing and rinsing during the operational period will take place in the field within the treatment areas at a distance no less than 100’ from any stream course, trees, or crops. All mixing and rinsing prior to the start of each season or at the end of the season, shall be prohibited on National Forest. Riseate will be reused as spray solution as much as possible until project completion. Riseate application rates shall not exceed ¾ ounce per acre.

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

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

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

SECTION III – GOVERNMENT FURNISHED PROPERTY, MATERIALS, SERVICES

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

1. Hard Copy Maps of detailed treatment areas.

2. NNFG Noxious Weed User’s Guides

3. Weed Data Dictionary compatible with Trimble GPS units (will be provided to Successful quoter after award),

4. Electronic Data Templates (ESRI ArcGIS v9.2 blank personal geodatabase) containing the proper data format, or a list of attributes to be collected with the format (will be provided to Successful quoter after award).

5. Blank Fields Sheets

SECTION IV - CONTRACTOR FURNISHED ITEMS/SERVICES

The contractor shall furnish everything, including water, required to perform this contract.

4.1 HERBICIDE: Contractor provides herbicides. All herbicides used must be EPA and State approved. EPA label directions will be followed at all times. The contractor will inform the COR at the pre-work what herbicides are being planned and will inform the COR/Inspector during the contract of any changes in herbicides.

Listed below are approved herbicides and rates recommended under this contract. When working in riparian/wetlands, the Contractor shall only use herbicides approved for those areas on the label.

Always check the product label for full regulatory requirements.

A blue dye in the herbicide shall be used to identify location of treatments.

Canada thistle: (Optimum timing is spring/early summer prior to seed set)

· Milestone 5-7 oz. per acre plus surfactant. Can be used right up to the water’s edge. Do not apply directly to water.

Stotch thistle: - (Optimum timing is spring/early summer prior to seed set)

· Milestone 5-7 oz. per acre plus surfactant. Can be used right up to the water’s edge. Do not apply directly to water.

Hound’s tongue: - (Optimum timing is spring/early summer prior to seed set)

· Escort (metsulfuron): - (Optimum timing is while actively growing) .5 to 1 oz. per acre plus surfactant.

· 2, 4-D: - (Optimum timing is while in the rosette stage) 1 to 2 qts. per acre plus surfactant.

· Telar (chlorsulfuron): - (Optimum timing is while actively growing) .5 to 1 oz. per acre plus surfactant.

SECTION V - PERFORMANCE WORK STATEMENT TASKS AND CRITICAL SUBTASKS

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

5.1 WEED TREATMENT/INVENTORY/DATA: The contractor shall use herbicides according to product labels to spray noxious weeds on the Pine Ridge Ranger District and record treatment areas as follows:

5.1.1 Apply herbicide at optimal stage of plant development to be most effective. For the species being treated, this could require the contractor to return to an area at varying times. The preferred development stage for Canada thistle, Bull thistle, Scotch thistle and Hound’s tongue is early spring (rosette) or early summer prior to seed set.

5.1.2 Record data on each site visited and/or sprayed according to the attached requirements. On a bi-weekly basis, provide government inspectors with raw GPS files of sites sprayed by the contractor.

5.2 SUBMITTALS: The contractor shall provide the following submittals:

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

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

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

5.2.4 DATA SUBMITTAL: The contractor is required to provide copies of all digital data in electronic format; this includes gps data files, differentially corrected files, final GIS geodatabase in meters and shall use Datum NAD83 Zone 13, UTM projection, spray records, and self-inspection records, within two weeks of completion of the contract. Inaccurate or incomplete data will be returned to the contractor for correction.

SECTION VI - GOVERNMENT PUBLICATIONS/INDUSTRY STANDARDS/STATE STANDARDS/GOVERNMENT STANDARDS/TECHNICAL EXHIBITS

Technical specifications and attachments:

· All spray equipment must be capable of delivering at least 10 gallons per acre.

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

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

· Contractor will be required to adhere to all aspects of pesticide labels used during treatment.

· Target weed species shall be sprayed at optimal stage of development for herbicidal action to take place. Timing will be consistent with factors such as target species growth stage, product formulation and weather.

· Treatment areas shall be uniformly traversed with spray vehicles. Overlap of spray swaths should be kept to a minimum. Spray vehicles should be equipped with an identifier or an identifier system to insure reduced overlap of spray swaths. Spray will not come in contact with standing water in ponds or drainages. Care will be taken to avoid spray contact with adjacent crop fields, trees, and stock tanks.

· Spraying will cease in the event of rain or wind in excess of 15 miles per hour.

· Mixing and rinsing will take place in the field within treatment areas at a distance greater than 100ft. upstream of standing water, trees or crops. Rinseate will be reused as spray solution as much as possible until project completion. Final leftover rinseate may be applied to treatment areas.

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

· Payment for treatment will be based on acres of noxious weeds sprayed. Gpsed acres do not equal areas that have been treated. Discrepancy acres between contractor provided gps files and actual treatment acreage will be evaluated on case by case basis.

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

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

SECTION VII - PERFORMANCE REQUIREMENTS SUMMARY

STANDARD

5.1 - Noxious Weed Inventory/ Treatment Data

Weeds will be treated as per herbicide label directions

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

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

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

Complete treatment data table according to required standards as defined in Section 2.2.5 and on a regular basis, provide Government Inspectors with GPS data of treated sites 90% Acceptable level of performance thus resulting in 90% kill. This will be evaluated using ocular estimates and documented in daily inspection reports.

Less than 20% loss of non-target species

Follow task order direction and manufacturer label direction 100% Review contractor’s records of treatment, inspection, and sampling results, and perform periodic on-site inspections

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

Checking compliance of contractor supplied inspection plots

Field check fill site Rework at contractors expense

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

Poor performance rating

5.2 - Submittals

5.4.1 - Quality Control Plan (QCP)

5.4.2 - Work Plan

5.4.3 - Schedule of Work

5.4.4 – Data Submittals

All submittals are received within 10 days after contract award

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

Includes method and frequency of inspections

On-site records of all quality control inspections are submitted weekly

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

SECTION D -- PACKAGING AND MARKING

{No clauses in this section.}

SECTION E -- INSPECTION AND ACCEPTANCE

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html 52.246-1 Contractor Inspection Requirements (Apr 1984) 52.246-4 Inspection of Services -- Fixed-Price (Aug. 1996)

At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

The self-inspection process for treated areas shall be documented and submitted on a weekly basis after the Notice to Proceed occurs, and be representative of a treatment area.

The QCP shall specify:

B. Contractor Quality Control Inspection. The Contractor shall assure themselves that performance meets contract specifications, in accordance with clause FAR 52.212-4, Contract Terms and Conditions – Commercial Items, paragraph (a), Inspection/Acceptance prior to requesting the Government to inspect for payment or acceptance.

During the contract the contractor is required to submit raw GPS data and field sheets to the COR bi-weekly to ensure that the information is being recorded correctly.

E.3 GOVERNMENT INSPECTION AND ACCEPTANCE:

A. Government Quality Assurance Inspection. The Government will, at its convenience, make periodic inspections of the work to assure itself of contract compliance and to perform Quality Assurance Inspections to determine confirm that the Contractor is performing quality control in accordance with its QCP and that Contractor monitoring results in quality performance of contract objectives. The Government will assure quality is being met through plots and visual inspections as stated in Section VII - PRS. Inspections will determine both the adequacy of coverage and rate of detection of weed occurrences. A determination of acceptance will be based on discoloration, wilt, and presence of dye on plants meeting the AQL.

B. Acceptance. Acceptance of the work under the contract will be made after Government inspection and the Contracting Officer has made the determination of satisfactory compliance with the specifications. All required contract specifications shall be satisfactorily completed in each unit before acceptance will be made. Acceptance will not be made for segments broken by unacceptable portions of work.

C. Rework and Re-inspection after Rework. If the contractor fails to meet the minimum AQL, the contractor shall rework the area and geodatabase. The Government will conduct an inspection and up to one re-inspection for each area. When inspections indicates that the performance objectives were not met, the work will be deemed unsatisfactory and payment will not be made until the Contractor has assured the Government that its Quality Control measures have corrected the deficiencies. Inspections after rework will be made in the same manner as the first inspection.

SECTION F -- DELIVERIES OR PERFORMANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

52.242-15 Stop-Work Order. (AUG 1989)

SUSPENSION OF WORK

Whenever the Contracting Officer determines that the temperature, humidity, soil moisture, plant moisture stress, winds, or combination of these and other physical conditions have become unsuitable for project to continue in any area, the Contractor shall move the work force to another area(s) prescribed by the Contracting Officer. When no other area is available, the Contracting Officer will issue a suspend work order for the bid item and contract time will stop for that item. When conditions are again favorable, the Contracting Officer will issue a verbal resume work order and confirm the resumption in writing. Contract time will resume on the effective work resumption date. In all cases, the Contractor shall resume work within 3 calendar days after the effective work resumption date. It is the Contractor's responsibility to keep the Contracting Officer currently advised as to where the Contractor or the Contractor's Representative may be reached by telephone during periods of work suspension. If the Contractor cannot be reached at the telephone number provided, or if the Contractor fails to leave a number, a written resume work order will be mailed and contract time will resume on the date specified on the resume work order.

452.211-74 Period of Performance. (FEB 1988)

The period of performance of this contract is from beginning of May 2018 through August 1, 2018.

Work may commence the beginning of May 2018. All work should be completed by August 1, 2018. However, weather variations can and do occur, thus a starting and ending dates can differ. Ending dates may vary based on the performance and timeliness if reaching the target and requirements in Section VII. See Section 1.1.1 for more information regarding Period of Performance.

SECTION G -- CONTRACT ADMINISTRATION DATA

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

The COTR's major duties and responsibilities are contained in the Forest Service Handbook of Contract Administration. The COTR is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

AGAR 452.215-73 Post award Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 calendars days of award. The conference will be held at: Pine Ridge District Office, 125 N. Main Street, Chadron, NE.

SCHEDULES FOR SERVICE CONTRACTS

If Contractor's progress falls behind progress work schedule, the Contractor shall take such action as necessary to improve his progress; in addition, the Contracting Officer may require Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time(s) set forth in the contract.

Contractor shall schedule work to allow enough time for final inspections and any possible reworks to be completed by the contract end date.

PAYMENT

Payment at contract price will be made on a per acre cost less any deductions or adjustments as provided in the PWS.

Work meeting at least 90 percent AQL will receive 100 percent payment. Falling below 90 percent to 80 percent AQL will receive the same percentage of the amount due for payment. Falling below 80 percent AQL will result in 90 percent of the actual AQL for that unit.

NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

NOTICE TO PROCEED

A Notice to Proceed will be issued in writing by the Contracting Officer. No work shall begin until receipt of this notice. Supplies should not be purchased prior to the Notice to Proceed or the Contractor will not be reimbursed in the case of a Termination of the contract. Contract time shall commence on the day indicated on the Notice to Proceed.

FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

FIRE PREVENTION AND CONTROL

(a) Tools and equipment. The Contractor shall furnish and maintain in a serviceable condition one shovel, size O or larger, for each employee working in the project area. The shovels may be stored in the employees private vehicle or the contractor's vehicles, but must be readily available to each employee while in the project area.

For each skid steer, yarder, loader, jammer, chipper, crawler tractor, skidder, hauling truck, portable welder, or comparable type equipment, the Contractor shall furnish one shovel, size O or larger, attached to each unit and one two and one-half pound or larger dry chemical or four pound or larger carbon dioxide type fire extinguisher attached to each unit.

For each power saw, soil auger, portable pump, or like powered equipment, the Contractor shall furnish one shovel, size 0 or larger, and one dry chemical fire extinguisher, 8 ounce or larger, immediately available to the operator of the equipment. The fire extinguisher shall be with the operator of the equipment; the shovel may be with the fuel can used to refuel the equipment.

Refueling of the equipment shall be done in an area cleared and void of flammable materials. Power saws shall be moved from the spot of refueling before starting.

(b) Fire Prevention –

The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents or employees.

Blasting - Advance approval in writing is required from the District Ranger. The use of fuses shall not be permitted, except near power lines where the danger of accidental detonation is present. Use of prima cord will not be allowed in clearing operations where flammable materials are present. A watchman will remain on site for at least one hour after detonation in areas of blasting where flammable fuels are present. Explosives will be stored at all times in a locked box marked "Explosives." All Federal, State, and local laws concerning the use and storage of explosives shall be followed.

Fire Orders/moratoriums – Any fire order issued during the contract will become a requirement of the contract.

Gas and Oil Use and Storage - Gasoline will be stored and transported only in metal containers with tight caps or seals. Gas and oil drum storage areas will be cleared of all flammable material for a distance of 50 feet around the drums. Storage areas will be posted with "No Smoking" signs. Oil filters, oil cans, oily rags, etc., will be removed from the project area and discarded in proper waste disposal receptacles or sites.

Open Fires - In accordance with State and local regulations. Pursuant to 36 CFR 261.50a the following is prohibited on each National Forest or National Grasslands in the Rocky Mountain Region:

Operating or using any internal or external combustion engine on any timber, brush or grass covered land, including trails traversing such land, without a spark arrester, maintained in effective working order, meeting either (i) Department of Agriculture, Forest Service Standard 5100-1a; or (ii) the 80 percent efficiency level determined according to the appropriate Society of Automotive Engineers (SAE) recommended Practices J335 and J350.

Violation of this regulation and the general prohibitions of 36 CFR 261.3 to .20 is punishable by a fine of not more than $500 or imprisonment for not more than 6 months or both.

Smoking - Smoking is prohibited while operating tractors or open-type vehicles, or while walking or working in an area with flammable fuels.

Welding - All flammable materials will be cleared for a minimum distance of 10 feet around any welding operation. Fire extinguishers and fire tools are required as shown in Section B-1(b).

WASHING EQUIPMENT

In order to prevent the spread of noxious weeds into the contract area, contractor shall be required to clean all off-road equipment prior to equipment being moved to the project site on National Forest lands. This cleaning shall remove all visible soil, plant parts, seeds, vegetative matter, or other debris that could contain or hold seeds. Only equipment cleaned and inspected by the Forest Service will be allowed to operate within the contract area. All subsequent move-ins of equipment to the contract area shall be treated in the same manner as the initial move in. "Off-road equipment" includes all logging and construction machinery, except for log trucks, chip vans, service vehicles, water trucks, pickup trucks, cars, and similar vehicles.

Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds. Equipment shall be considered free of soil, seed, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required.

Unless otherwise agreed, contractor shall give the Forest Service at least 24 hours’ notice when equipment is ready for inspection. Notification will include an agreed upon location where the equipment will be available for inspection by the Forest Service.

New infestations of noxious weeds are a concern to the Forest Service and shall be identified by either contractor or Forest Service, within the contract area and shall be promptly reported to the other party. Contractor and Forest Service shall agree on necessary steps to reduce or stop the spread of noxious weeds when new infestations are found. A current list, along with photos, of noxious weeds of concern to Forest Service is available at each Forest Service office.

SAFETY PLAN

(a) The Contractor shall provide a copy of their safety plan at the pre-work meeting.

(b) The Safety Plan should be available to all employees and subcontractors working on the contract.

(c) The Safety Plan should cover at a minimum:

i. Safety briefings covering the area working in, equipment being used, and any special considerations for the work under the contract

ii. Personal Protective Equipment required for the work under the contract

iii. Appropriate OSHA requirements for the type of work under the contract

iv. Weather considerations for the time of year of the contract.

v. Communication issues and locations of the nearest medical facilities to the job site.

vi. Emergency numbers to contact if an accident happens.

PERSONAL PROTECTIVE EQUIPMENT

1. The contractor will train in the safe operation and use of equipment to all workers using such equipment. OSHA standards for personal protective equipment shall be followed. Herbicide Material Safety Data Sheets shall be followed. All PPE will comply with the product label regulations.

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used

PART II – CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FAR 52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT (OCT 1997)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications)

(b) Representations and other instructions

(c) Contract clauses

(d) Other Documents, exhibits, and attachments

(e) The Specifications

FAR 52.212-4 Contract Terms and Conditions—Commercial Items (JAN 2017)

ADDENDUM TO FAR 52.212-4

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Alternate I (JUL 1995)

0. Stop Work Order (AUG 1989)

(APR 1984)

52.249-8 Default (Fixed-Price Supply and Service). (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

FOREST SERVICE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

4G52.222-705 Camping Provisions for Labor Intensive Contracts (FEB 2007)

FAR 52.217-8 Option to Extend the Services (NOV 1999)

The Government may require continued…