127EAS23Q0012 Solicitation Power Fire Herbicide Release.docx

Power Fire Herbicide Release Solicitation Number: 127EAS23Q0012 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitation is issued as a Request for Quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-01.

This procurement is set aside for Total Small Business. The NAICS code is 115310 and the Small Business Size Standard is $11.5 million.

Any prospective contractor desiring an explanation or interpretation of the solicitation or attachments must request it in writing from the Contracting Officer soon enough to allow a reply to reach all prospective contractors before the solicitation closing date. Oral explanations or instructions given before the award of a contract will not be binding.

(1) Schedule of Items/Price Schedule See attachment J.00 Schedule of Items Schedule Notes:

Pricing is firm, fixed by the Acre. Be sure to carefully consider the Maps and Supplemental Specifications (attachments J.2 and J.5) to help you develop a fair and competitive price for each line item.

Award will be made by line item. Line items may be awarded to separate contractors.

If you wish to quote on an "all or none" basis, note that in the box provided on the Schedule of Items.

If you wish to limit a potential award to you to a minimum or maximum number of items, enter notes in the box provided on the Schedule of Items.

(2) Attachments The following attachments are made a part of this solicitation and any resultant contract.

J.00 Schedule of Items J.1 Exhibit A Application Coverage J.2 Power Fire Herbicide Maps J.3 Wage Determination 1977-0727 rev68 220626 J.4 Fire Plan J.5 Supplemental Specifications

(3) Description of Requirement The intent of this contract is to secure services for vegetation control treatment in and around young conifer regeneration stands. The specified treatment will be the foliar application of herbicide mixtures from backpack sprayers to target vegetation using a shielded directed spray technique.

The Contractor shall provide everything--including, but not limited to, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

Before work may begin the Contractor shall designate, in writing, at least one person on site with authority to act in case of the Contractor’s absence from the work site. The Contractor shall list the extent of authority this representative will have on the job. The Contractor or authorized representative shall be on the project area whenever work is in progress and shall act as a non-working supervisor. In the absence of the Contractor, this authorized representative shall receive orders and instructions from the Contracting Officer and shall take such action as is required to keep the job in progress under the terms of the contract. The Contractor and authorized representative(s) shall have an oral command of both the English language and the language common to the crew(s).

Project Location & Description Location: The project is located on the Amador Ranger District of the Eldorado National Forest. The location of the work sites and other information pertinent to each treatment unit is contained in the Contract Maps and Supplemental Specifications (Attachments).

The Amador Ranger District office is located at 26820 Silver Drive, Pioneer, CA 95666, approximately 18 miles east of Jackson, CA on State Highway 88. All work sites are within approximately 1 hour travel time from the district office.

Work areas are generally accessible by standard pickup. Four-wheel drive vehicles may be beneficial in improving the access points of any given treatment unit. It is the Contractor's responsibility to reach the work site when it is ready for treatment. The Contracting Officer will determine the access routes which may be used.

Description: Treatment units are regeneration stands resulting from the 2004 Power Fire. The stands have received varying combinations of treatments since the fire, including but not limited to: mechanical site preparation, tree planting, hand or mechanical cutting of woody brush, herbicide treatment, and precommercial thinning. Some stands have recent precommercial thinning and/or brushcutting slash. Some areas have mature timber overstory.

Stands range from 4,000’ to 7,000’ in elevation. Aspect varies but is predominantly south-facing. Slope varies and contains significant steep (>35%) areas.

Woody brush may be large and dense. Woody brush species include but are not limited to: deerbrush and whitethorn (Ceanothus spp.), whiteleaf & greenleaf manzanita (Arctostaphylos spp.), chokecherry and bitter cherry (Prunus spp.), gooseberry & sierra currant (Ribes spp.), and bearclover (Chamabaetia foliolosa).

Trees in these stands consist primarily of planted conifers but will include residual young growth and natural regeneration which may differ in size and species from the planted trees. All conifers, planted and natural, within the treatment units must be protected from herbicide.

The project is divided into 4 items as follows:

Item 1 consists of 406 acres of stands planted or interplanted in the spring of 2023. In addition to relatively large and easily seen crop trees, there will be numerous small and relatively hard to find first year seedlings requiring protection from herbicide application. Woody vegetation has been recently treated but will be in various states of regrowth.

Item 2 consists of 260 acres of stands which were brushcut by hand in the summer of 2021. There will be significant slash on the ground from the cut vegetation. Cut vegetation is expected to be regrowing rapidly. These areas are generally well stocked with relatively large and easily seen crop trees, with few small seedlings to protect.

Item 3 consists of 145 acres of stands dominated by bearclover which have not received recent treatment. They will have widely varying stocking of crop trees and amounts of woody brush species.

Item 4 consists of 711 acres of stands dominated by woody brush which have not received recent treatment. They will have widely varying stocking of crop trees and amounts of woody brush species.

For descriptions of the differing treatment prescriptions, see Attachment J.5 Supplemental Specifications, “Herbicide Application Prescriptions”. For stand specific information, see Attachment J.5 Supplemental Specifications, “Supplemental Specifications Data Table”.

Boundaries of treatment units will be designated by description by the Contracting Officer’s personnel on site at the time of treatment. Boundaries will generally be identifiable features on the ground, such as property lines, roads, ridges, drainages, or the residual tree line. Boundaries may also be indicated with blue and white striped flagging.

Exclusions (non-work areas): Protected Areas will be designated both inside and outside the boundaries of treatment units. Protected areas will be designated by the Contracting Officer’s personnel. They may be designated by description, by contract map, by flagging on the ground, or combination thereof. No treatment shall occur within protected areas. Contractor personnel are prohibited from entering protected areas. Acreage of protected areas within treatment units may be deducted from stand (payment) acreage. For more information, see Attachment J.5 Supplemental Specifications, “Protected Areas”.

Estimated Period of Performance Estimated Start Date: April 3, 2023 Estimated Time: 49 calendar days Period of Performance: April 3, 2023 – June 30, 2023 Work must be complete no later than June 30, 2023. If weather or other factors delay the start of work or slow the estimated production schedule, the contractor may be required to increase personnel to finish on time.

Award of contract shall be considered the Notice to Proceed pending approval of the COR on field conditions. The Contractor shall work at a rate that will result in completion within the given Period of Performance.

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time. The Government reserves the right to set the priority of items or sub-items.

In a contractor is awarded more than one line item, times will run consecutively. Time on the second item will begin automatically the day following expiration of time (including any extensions) on the first item, and so on.

The table below is an Estimated timeline – all dates are subject to adjustment depending on award date, scheduling of prework meeting, and field conditions meeting approval for start of work.

Restrictions on Work Work may be performed at any time during the period of the contract, except as outlined here:

1. Work must be in accordance with the attached fire plan. The area of responsibility for fire is 70 meters around the perimeter of the unit being worked in.

2. When the Contracting Officer determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage, work will be stopped.

3. Work shall be performed only when the Contracting Officer or their Representative is present on the work site.

4. Work shall not be performed before 6:00 a.m. or after 6:00 p.m.

5. Work shall not be performed on Sundays or Federal Holidays.

6. Work shall be performed only when the Contracting Officer determines that target vegetation is in an appropriate stage of growth for the herbicide application to be effective.

7. Once contract work has begun, replacement of key personnel will be subject to approval of the Contracting Officer.

8. Specific stands or portions thereof may have a limited operating period (LOP) during which work may not be performed. See Attachment J.5 Supplemental Specifications for details. These restrictions may be lifted by the Contracting Officer based on field review at the time of treatment.

9. Work shall not be performed when weather conditions do not meet application requirements under Technical Specifications, Weather Restrictions.

10. Camping will not be permitted in US Forest Service campgrounds nor elsewhere on US Forest Service land while working on this contract.

Licenses and Insurance All pesticide licensing documentation must be provided with the quote package; submissions missing this documentation may be rejected. If the contractor fails to provide documentation for all items below within 10 calendar days of award, the contract may be terminated for cause in accordance with FAR 52.212-4.

MSPA Card (Form WH510): This contract requires the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a legible copy of their current Form WH510.

Worker's Compensation Insurance: The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement.

State of California Licensing and Safety Requirements: California Food and Agriculture Code 11701 requires that any person who may advertise, solicit, or operate as a pest control business be licensed with CA DPR. This licensing must be held by the prime contractor at time of submitting a quote and throughout performance. A prime without licensing but planning to subcontract to a licensed company is NOT acceptable.

The Contractor shall have a current State of California Agriculture Pest Control Operator License including Category "E" (Forest), and Pest Control Business License, prior to the award of contract. The Contractor shall register this State License with the appropriate County Agriculture Commissioner(s) prior to beginning work. The Contractor shall be required to provide the following:

1. Required permits.

2. Complete and file all reports, with a copy to the Contracting Officer.

3. Complete any other incidental requirements.

The Contractor's authorized representative(s) on site must, at a minimum, be a State of California Certified Pesticide Applicator.

The Contractor shall comply with the State of California Safety Orders found under the California Administrative Code and with the requirements of the Federal Worker Protection Standards (40 CFR, part 170). For further information regarding licensing requirements contact the California Department of Pesticide Regulation at (916) 445-4038, or online at https://www.cdpr.ca.gov/docs/license/liccert.htm.

Technical Requirements Definitions Clean Water: Water having low turbidity (less than 5.0 NTU), low to moderate hardness (less than 150 ppm CaCO3), and an acid pH (less than 7.0). It must be visibly clear and free of all foreign material, soil particles, and organic matter – including but not limited to silt, sand, sediment, algae, and vegetative debris.

Crop Tree: The healthiest, most vigorous, well-formed conifer seedlings or saplings meeting the spacing and species mix guidelines that were used to plant the stand.

Herbicide: The concentrate before mixing occurs.

Herbicide mixture: The mixed herbicide, water, surfactant, and dye.

Stand: A discrete treatment area given a unique number on the contract detail maps and in the Supplemental Specifications Data Table.

Streamcourse: A defined channel where water flows during some portion of the year. The three types of streamcourses are as follows:

Perennial – a streamcourse that flows water throughout the year.

Seasonal – a streamcourse that flows water throughout the wet season and through a portion of the dry season.

Ephemeral – a streamcourse that flows only in direct response to recent rainfall or snowmelt.

Target Vegetation: All vegetation except crop trees and excluded vegetation.

Tree Damage: An unacceptable level of herbicide exposure or physical damage resulting from the contractor’s operation. Any of the following will be considered tree damage:

1. Herbicide mixture or physical damage affecting more than 25% of the green crown.

2. Evidence of any amount of herbicide or physical damage on the terminal leader.

3. Any physical damage to the bole or stem of the tree.

Triple Rinse: Filling the empty container at least 1/4 full of clean water, replacing the container lid, shaking vigorously for at least 30 seconds, and immediately pouring contents from the container into the batch tank, and repeating this for a total of three times.

Woody Brush: Non-tree form vegetation having hard woody stems as opposed to soft herbaceous stems.

Specifications Work Methods:

General:

The Contracting Officer will determine the sequence in which each stand shall be treated. Each stand shall be completed prior to moving on to the next stand. The contractor shall flag a line with orange flagging to delineate the sprayed portion of any partially completed stand at the end of each day.

The Contractor shall keep their crews organized so that treatment units are covered systematically without skipped areas. The Contractor shall not scatter the crews over different parts of the stand.

Number of crews and size of each crew may be stipulated by the Contracting Officer. More than one crew may be required in order to complete the work within the specified performance period.

Each crew shall have 9-12 workers, plus one foreman and one mixer/loader per crew. Each crew must have a dedicated batch tank.

The Contractor shall be responsible for training their employees in the proper techniques to be used during application of herbicides and safety procedures to be followed when handling herbicides.

Application:

The Contractor shall apply the herbicide mixture to all target vegetation in each stand. The application shall be uniform. All surfaces of the target vegetation shall be covered, including the interior of dense woody brush species. See Attachment J.1 Exhibit A Application Coverage for examples of acceptable and unacceptable application coverage.

The Contractor shall keep equipment in good operating condition, maintaining flow rate and nozzle pressure. Application of herbicide mixture shall be made with a nozzle pressure of 15 psi. The spray tip shall be kept from 12 to 24 inches from the target vegetation during application.

Tree Protection:

The contractor shall apply the herbicide mix in such a manner as to minimize tree damage. The crop trees in all stands shall be protected from herbicide mixture in the following manner:

Crop trees up to 2 feet in height shall be physically shielded to protect the entire plant from herbicide spray (i.e., cones, shields, etc.). Protective equipment shall not damage the trees. Crop trees taller than 2 feet shall be protected by directed spray application. Where there are multiple trees planted per spot, all trees on that spot shall be protected while the adjacent area is being sprayed.

For every 5 (or less) applicators there shall be one worker equipped with a clean Government-supplied backpack sprayer full of clean water. Crop trees contaminated with any amount of herbicide mix shall be washed down within 1 minute of exposure to remove all traces of herbicide mix.

Other excluded vegetation shall be avoided by directed spray application. See Attachment J.5 Supplemental Specifications for a list of excluded vegetation.

Weather Restrictions:

Application of herbicide mix must be discontinued if the following critical weather parameters exist:

1. A forecast of 70% or greater chance of precipitation within 24 hours.

2. Conditions on-site indicate that precipitation is likely within 4 hours.

3. Target vegetation is wet with precipitation, dew, or other moisture.

4. Wind speed and/or air temperature exceed herbicide label requirements.

5. Wind speed in excess of 5 mph.

6. Temperature cold enough to freeze the herbicide mix in the nozzles.

Spraying shall be discontinued when wind speeds are in excess of 5 mph, or as otherwise specified on the product label, whichever limit is lower. Spraying shall also be discontinued whenever any amount of wind causes drift exposure to workers, crop trees, or protected areas. The Contractor shall be responsible for monitoring weather conditions. In case of discrepancy between government’s monitoring of weather conditions and that of the contractor, the government’s measurement will prevail.

Cleanup:

The Contractor shall be responsible for washing and cleaning out all equipment at the end of each workday. The exact location for cleanup will be selected by the Contracting Officer.

The Contractor shall use soft material such as bristle to clean the nozzles. Wire shall not be used.

Under no circumstances shall sprayers, containers, clothing, personnel or other contaminated materials be washed in any stream, lake, reservoir, or other surface water.

Batching of Herbicide Mix:

Contractor shall do all batching of herbicide mix and conform to label instructions and safety requirements. See Attachment J.5 Supplemental Specifications for the herbicide mix for each stand.

A graduated container of at least one-half gallon in size shall be used to measure chemicals and surfactants during the batching operation.

All batching of herbicide mix shall be done in the presence of the Contracting Officer or their representative at the work site. The batching location will be designated by the Contracting Officer. When drafting water into the clean water tank, the batch tank and any containers of herbicide concentrate shall remain at the approved batching location. The Contractor shall use only water sources approved by the Contracting Officer.

Batching sequence is as follows:

1. One half of the water for the mix shall be put in the batch tank.

2. The herbicide(s) and colorants, if used, shall be put in the batch tank next.

3. Begin agitation.

4. Add the remaining water in the batch tank while continuing agitation.

5. The last ingredient to be added to the tank will be the surfactant, if used.

The herbicide mix shall be under constant agitation in the batch tank to prevent separation. All mix shall be sprayed out. The mix shall not sit overnight in the batch tank or other equipment unless permitted by the Contracting Officer.

Storing and Transporting Herbicides:

All unattended herbicide concentrate shall be stored under lock and key in its original container.

The Contractor shall work with the Contracting Officer to insure a minimal amount of herbicide mix is moved between treatment units.

Disposal of Containers:

The Contractor shall dispose of the containers in the following manner:

1. All containers shall be triple rinsed, with clean water, on the work site. The rinse water shall be disposed of by placing it in the batch tank.

2. Used containers, except those that are returnable, shall be punctured on the top and bottom to render them unusable.

3. A log of the containers and how they were rinsed and where they were disposed of shall be made available to the Contracting Officer.

4. Certification of disposal at an approved dump or a receipt from the point of redemption on returnable containers is required.

Herbicide Spills:

If a spill occurs, the contractor shall:

1. Take action immediately to contain the spill.

2. Notify the Contracting Officers' Representative on site.

3. Be under the control of the Contracting Officer during the spill clean up.

4. Be liable for all costs of damages, clean-up, and decontamination.

Contractor-Furnished Equipment This project requires the contractor to provide certain materials for use in the performance of herbicide application services. Any reference to a brand name product within this solicitation shall be interpreted as “or equal” with the description of salient characteristics to be found with each reference.

Required Materials:

The contractor shall provide the following herbicides, surfactants, and dye:

1. Herbicide: A 53.8% glyphosate herbicide formulation without an integrated surfactant. E.g. Roundup Custom (EPA Reg. No. 524-343), or equivalent.

2. Surfactant: A nonionic NPE based surfactant. E.g. R-11 Spreader Activator (CA Reg. No 2935-50142), or equivalent.

3. Dye: A purple colored water soluble marking dye. E.g. Colorfast Purple, or equivalent.

All herbicides and adjuvants shall be provided in factory sealed containers no larger than 2.5 gallons each. Proposed equivalent herbicides, adjuvants, and dye may be substituted only as approved by the Contracting Officer. Contractor shall provide clean water for the wash down packs.

Required Equipment:

Backpack sprayers – shall have an adjustable pressure regulator or a pressure gauge mounted on the spray wand. All sprayers shall be equipped with a "TeeJet" XR80-04VS spray tip or equivalent, with a 50 mesh screen. Plastic, brass, or aluminum spray tip nozzles shall not be used.

Batch tank – shall be a mixing tank equipped with a constant agitator, a sight level in good condition to measure tank volume, and a leveling gauge which will be adequate for leveling the tank in all directions. The filler hose from the batch tank shall be equipped with a self-closing nozzle. The batch tank shall be in good condition, meeting all state requirements. The batch tank shall be mounted such that it can be moved and operated separately from the clean water tank; for example, mounted on a separate vehicle from the clean water tank, or mounted on a trailer.

Clean water tank – shall be a tank exclusively for clean water, having a back flow prevention device or proper air gap filling apparatus. The water tank and all drafting equipment must be free of pesticide and dye residue. Pesticides and dyes shall not be stored or transported in the same vehicle used to transport the clean water tank.

Locked storage area for herbicide and containers.

Spill kit containing a minimum of 25 pounds of absorbent material such as kitty litter, two 30 gallon, 4 mil polyethylene garbage bags with ties, and 2 shovels.

Trailer hitches used to tow equipment and trailers shall be securely mounted directly to the vehicle frame. Bumper hitches shall not be used unless specifically designed and rated for towing heavy loads.

Contractor shall provide all other supplies and incidentals necessary to accomplish the required contract work while complying with herbicide label directions, pesticide application license requirements, and worker safety protection standards.

Calibration and Equipment Check:

Prior to and during work the Contracting Officer reserves the right to inspect, test, and approve equipment. For example, the Contracting Officer will check for cracked hoses, worn seals, and leaks.

Prior to and during work the Contracting Officer reserves the right to test and inspect the herbicide concentrate and mixture.

Prior to and during work the Contractor shall be required to calibrate his equipment in the presence of the Contracting Officer.

Government-Furnished Property The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract.

1. Clean backpack sprayers for wash down of accidently sprayed conifer seedlings.

Inspections and Acceptance Government Inspections Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.

The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request.

Compliance Inspections. Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government.

Final Inspections. Final (formal) inspections for payment will be made on completed sub-items only. Contractor shall request final inspections in writing and give the Forest Service at least two working days advanced notice. Inspections will be completed within four working days after the notice is received. If the work is not ready for inspection at the time specified by the Contractor, the cost associated with the inspection attempt may be charged to the Contractor.

Disputed Inspection. The Contractor may request reinspection without rework if the results are unacceptable. Reinspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Reinspection will be accomplished within five working days after receipt of the contractor's written request.

The same sampling and inspection procedures will be used, but new samples will be taken. The inspection pattern will be shifted so that new samples will not overlap previously inspected samples. Results will be rounded to the nearest whole percent.

If reinspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If reinspection results are greater than five percentage points above or below the first inspection, the reinspection results will be used.

If the reinspection results are within five percentage points of the first inspection, the Contractor shall pay the actual costs of the reinspection.

Reinspection after Rework. Where rework after a failed inspection may improve the inspection results, the Contractor may rework the area and request (in writing) a second inspection. The Government will charge to the Contractor the cost of this additional inspection. Reinspection will be accomplished within five working days after the notice is received. The results of the second inspection will be final, and no further rework will be permitted. Areas not ready for reinspection at the time specified by the Contractor will not be reinspected, and the results of the first inspection will be final.

Measurement Acreage was measured on a horizontal plane using a Global Positioning System. Actual acreage worked will be measured by the same method.

The contractor may request re-measurement of work units. The request must be made in writing and must be made within 10 calendar days of completing work on the unit in question. If re-measurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of re-measurement and no adjustment will be made in the quantity as stated in the Schedule of Items. If re-measurement indicates a variance more than five percent from the stated quantity, payment will be based on the re-measured quantity, and the Contractor will not be liable for the costs of re-measurement. All re-measurements will be done by the Government. Re-measurement of acreage will be done with two people using a hand compass and ground measurement or by means of a Global Positioning System. This clause is not applicable to quantities listed as estimated quantities.

Sampling At least one percent of each treatment area will be sampled by a random series of plots distributed over the entire area. Plot size will be 1/50 acre.

Specific Inspection Procedures The Government will make visual inspections while work is in progress for compliance with the terms of the contract.

Additionally, the Government may make a systematic inspection using 1/50th acre (16.7 foot radius circle on a horizontal plane) plots to calculate an inspection quality based on application coverage and crop tree damage. Plots will be selected randomly and will not overlap. Sufficient plots will be taken to achieve a 1% sample of the treatment area (i.e. 1 plot for every 2 acres). Results will be recorded on inspection forms.

The quality of application coverage will be determined by observing the indicator dye or colorant on the target vegetation surfaces. To determine this, the inspection plots will be divided into four (4) quadrants on cardinal directions (North, South, East and West). Each quadrant will be examined for coverage. If more than 90% of the target vegetation surfaces within the quadrant have been treated to specifications, it will be considered acceptable. See also Attachment J.1 Exhibit A Application Coverage.

To determine the percent satisfactory coverage, the number of acceptable quadrants will be divided by the total number of quadrants examined, then multiplied by 100 to give a percentage. For example, out of a total of 30 plots examined (120 quadrants), 112 quadrants received acceptable coverage:

112 / 120 x 100 = 93% Tree damage will be determined by inspecting each crop tree on the inspection plot. Crop trees will have unacceptable levels of damage if the following occurs:

1. Herbicide mixture or physical damage affecting more than 25% of the green crown.

2. Evidence of any amount of herbicide or physical damage on the terminal leader.

3. Any physical damage to the bole or stem of the tree.

Tree damage will be determined by dividing the number of damaged trees by the total number of trees in all inspection plots. Percent of damaged trees in excess of 5% will be deducted from the inspection quality.

To calculate inspection quality, inspection plots will be grouped by stand, and then stands will be grouped in order of treatment until the total number of plots equals or exceeds 30. An inspection quality percentage will then be calculated for each such group. Results will be rounded to the nearest whole percent.

EXAMPLE INSPECTION QUALITY CALCULATION: Inspection of two stands yields 25 and 15 plots respectively, which are then grouped to exceed 30 plots. In the total of 40 plots, 152 of 160 quadrants are acceptable, and 12 of 200 crop trees are damaged. The overall inspection quality would be calculated as follows:

Application coverage = 152 / 160 X 100 = 95% Crop tree damage = 12 / 200 X 100 = 6% - 5% = 1% deduction Inspection quality = 95% - 1% = 94% Inspection results will be available to the contractor upon request.

Acceptance Work will be deemed acceptable when the government’s visual inspections show acceptable performance and sample plot data indicate a work quality of 90% or higher.

Payment Payment will be made for fully acceptable work at the prices established in the schedule of items. In the event of extended non-work periods because of adverse weather, the Contracting Officer may authorize progress payments for partially completed sub-items on a case-by- case basis. In accordance with the inspection clause, payment may be made for less than fully acceptable work at a reduced price. Other exceptions are noted below:

Payment will be made in full if inspection results are 90 percent or higher. If inspection results are below 90 percent, a deduction will be made equal to 2 percent for every 1 percent below 90. For example, if inspection results are 87 percent, the bid price would be reduced by 6 percent. No payment will be made if results are less than 80 percent.

Liquidated damages will be charged as follows:

Trees determined to be “damaged” will be charged for at the rate of $ 3.33 per tree. Such charges will be deducted from earnings. The number of trees to be charged for will be calculated as follows: Total number of damaged trees from the inspection record, multiplied by the reciprocal of the plot size, times the number of acres in the pay item, divided by the total number of plots taken, plus trees determined to be damaged under care of trees specifications.

Invoice Processing Platform (IPP) All payment requests must be submitted electronically through the US Department of the Treasury’s Invoice Processing Platform System (IPP). To constitute a proper invoice, the payment request must comply with clause 52.212-4 Contract Terms and Conditions – Commercial Items. The IPP website address is: https://www.ipp.gov.

Each invoice shall be submitted on the Contractor’s letterhead or invoice form with the following:

1. Invoice date and Government Contract Number.

2. Billing period specified with beginning and ending dates. The beginning date must not be later than the completion date or within any previous billing dates.

3. An accounting (bulleted list, for example) of charges claimed and amounts due.

4. Total amount due for the billing period.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 – 5 business days of award or the system implementation date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

Pre-work Meeting Before work begins on service contracts, a pre-work meeting is normally held to discuss the contract – especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer.

(4) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (DEC 2022) (DEVIATION 2017-1)

(5) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (DEC 2022) (DEVIATION 2017-1, DEVIATION APR 2020, and DEVIATION DEC 2022)

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

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

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

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

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

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

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

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

[Contracting Officer check as appropriate.] ☒ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

☒ (4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1) ☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (6) [Reserved].

☒ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

☒ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (11) [Reserved].

☐ (12) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.657a).

☐ (13) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (14) [Reserved] ☒ (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

☐ (ii) Alternate I (Mar 2020) of 52.219-6.

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

☐ (ii) Alternate I (Mar 2020) of 52.219-7.

☒ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)). (DEVIATION DEC 2022) ☐ (18) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).

☐ (ii) Alternate I (Nov 2016) of 52.219-9.

☐ (iii) Alternate II (Nov 2016) of 52.219-9.

☐ (iv) Alternate III (Jun 2020) of 52.219-9.

☐ (v) Alternate IV (Sep 2021) of 52.219-9.

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

☐ (ii) Alternate I (MAR 2020) of 52.219-13 ☒ (20) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s) [Contracting Officer check as appropriate.] ☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (21) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

☒ (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Oct 2022) (15 U.S.C. 632(a)(2)).

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

☐ (24) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

☐ (25) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

☐ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☐ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

☒ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

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

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

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

☒ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☒ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

☒ (36) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

☐ (37) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

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

☐ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (41) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Oct 2015) of 52.223-13.

☐ (42) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

☐ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

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

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

☒ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (47) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

☐ (49)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

☒(ii) Alternate I (Oct 2022) of 52.225-1 ☐ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

☐ (ii) Alternate I [Reserved] ☐ (iii) Alternate II (Dec 2022) of 52.225-3.

☐ (iv) Alternate III (Jan 2021) of 52.225-3.

☐ (v) Alternate IV (Oct 2022) of 52.225-3.

☐ (51) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☐ (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

☐ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

☐ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☐ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☒ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

☐ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

☐ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☒ (62) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) (DEVIATION APR 2020) (31 U.S.C.3332).

☐ (63) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

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

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

☐ (iii) Alternate II (Nov 2021) of 52.247-64.

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

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

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332. This Statement is for Information Only: It is not a Wage Determination

☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☒ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

☒ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form.