Attachment_01_Specifications.doc

RTRT CHEMICAL SITE PREP RELEASE KING FIRE

SPECIFICATIONS

ELDORADO NATIONAL FOREST

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

Description of Work: 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 directed spray technique.

Contractor Responsibility: 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).

C.2 Project Location & Description Location: The project is located on the Eldorado National Forest, Georgetown Ranger District. Specific maps of the treatment areas are included in the Contract Maps and Supplemental Specifications.

The Georgetown Ranger District office is located at 7600 Wentworth Springs Road, Georgetown, CA 95634. All work sites on the Georgetown Ranger District are within approximately 1 hour travel time from the district office.

Description:

Item # 1, Mandatory Site Prep: Foliar application of a glyphosate herbicide mixture from backpack sprayers to target vegetation while using a directed spray technique in stands, totaling 3 acres. Target vegetation is relatively light and in various states of regrowth.

Item # 2, Mandatory Release: Foliar application of a glyphosate herbicide mixture from backpack sprayers to target vegetation while using a shielded directed spray technique to protect 1- to 3-year-old planted trees totaling 947 acres. Target vegetation has been previously treated and is in various states of regrowth.

Item # 3, Optional Release: Foliar application of a glyphosate herbicide mixture from backpack sprayers to target vegetation while using a shielded directed spray technique to protect 1- to 3-year-old planted trees totaling 168 acres. Target vegetation has been previously treated and is in various states of regrowth. The government reserves the right to award individual units within this option.

For descriptions of the differing treatment prescriptions, see C.9 Supplemental Specifications, “Herbicide Prescriptions”. For stand specific information, see C.9.1 Supplemental Specifications Data Table.

Boundaries of treatment units will be identified by red-polka-dotted yellow flagging and/or candy-striped flagging consisting of red, yellow, or orange, combined with white stripes, and/or verbally designated by Contracting Officer’s personnel on site at the time of treatment. Boundaries will generally be identifiable features on the ground, such as roads, ridges, drainages, or residual tree line.

Exclusions (non-work areas): Exclusion areas will be designated both inside and outside the boundaries of treatment units. Exclusion 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 exclusion areas. Contractor personnel are prohibited from entering exclusion areas. Acreage of exclusion areas within treatment units may be deducted from stand (payment) acreage. For more information, see C.9 Supplemental Specifications, “Protected Areas”.

Accessibility: 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. Travel routes may be affected by rockslides, down timber and other unforeseen circumstances. 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.

Any prospective contractor desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., 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.

In no event shall failure to inspect the site constitute grounds for a claim after contract award. (See Section L, FAR 52.237-1, Site Visit.)

C.3 Maps Maps showing the general vicinity and/or specific work areas are included in Section J. Maps are general in nature and are not to be considered as definitively identifying locations.

C.4 Estimated Start Date & Contract Time

Start Date: May 2nd, 2024.

Contract Time:( Items 1-3) 60 calendar days total.

Notwithstanding any other clause in this section, in no event shall contract time extend beyond July 1st, 2024, unless it is determined by the Contracting Officer’s personnel that vegetative conditions may allow for continued operations.

See also Section F.

C.5 Restrictions on Work Work may be performed at any time during the period of the contract, except as outlined here. Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14). Restrictions are as follows:

1. In accordance with the fire plan, if included in Section J.

2. Work shall not be performed when the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

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 am or after 6:00 pm.

5. Work shall not be performed on Federal Holidays. Work may be performed on select Sundays with consent of inspectors.

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. 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.

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

9. The Contracting Officer will determine the sequence in which each stand will be treated. Each stand shall be completed prior to starting work on the next stand.

10. Specific stands or portions thereof may have a limited operating period (LOP) during which work may not be performed. See C.9 Supplemental Specifications for details. These restrictions may be lifted by the Contracting Officer based on field review at the time of treatment.

11. Work shall not be performed when weather conditions do not meet application requirements in C.8-2 Technical Specifications, Weather Restrictions.

C.6 Licenses and Insurance Before work may begin on this project, the Contractor shall provide the documentation required in the section (C.6.). Failure to provide the information will not change the date for starting work and contract time may begin before the contractor is actually permitted to work. Once contract time begins, the contractor shall provide the documentation within 10 calendar days or 20% of the contract time (whichever is less) or the contract may be terminated for default in accordance with the clause governing default (termination for cause).

The contractor shall obtain the insurance and licenses listed here (see also Section L, Notices to Offerors and Respondents).

MSPA Card (Form WH510): This contract [ X ] does [ ] does not require the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy.

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. Note: The Contractor working alone is not required to carry the insurance.

The Contractor shall have a California State Pesticide Licensed (QAL/QAC) individual.

Other: See C.8-2 Specifications, Licensing and Safety Requirements.

C.7 Camping and Housing Camping is not permitted in US Forest Service campgrounds. Contractor [ ] will [ X ] will not be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit. (See also Section H, Camping Permit Compliance) C.8 Technical Requirements .

C.8-1 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. Lodgepole pine, knobcone pine, and gray pine shall not be considered crop trees.

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.

C.8-2-1 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 flagging to delineate the sprayed portion of any partially completed stand at the end of each day.

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

The Contractor shall be responsible for training 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 evenly 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 Section J, Exhibit A 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.

The Contractor shall protect all excluded vegetation from the herbicide mixture by directed spray application. See C.9 Supplemental Specifications for the list of excluded vegetation.

The Contractor shall at the end of each spray day when a unit is not complete, flag the sprayed edge to establish a clean line to follow in case of dye fade.

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 2 feet in height shall be physically shielded to protect the entire tree from herbicide spray using equipment such as a hard tube, cone, or other device. 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 8 (or less) applicators there shall be one worker equipped with a clean backpack sprayer full of clean water. Crop trees and excluded vegetation contaminated with any amount of herbicide mix shall be washed down within 1 minute of exposure. Wash down shall remove all traces of herbicide mix.

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 speeds that cause uncontrolled herbicide drift.

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

Spraying shall be discontinued when wind speeds cause uncontrolled herbicide drift, 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 or their Representative.

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:

The Contractor shall only use fresh clean water to batch the herbicide mixture, no drafting of water will be permitted. Contractor shall do all batching of herbicide mixture and conform to label instructions and safety requirements. All treatment stands will be treated with the same herbicide mixture.

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 the herbicide mix will 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 or their Representative and shall only be done by a California State Pesticide Licensed individual.

The Contractor shall have a California State Pesticide Licensed (QAL/QAC) individual at the batch truck at all times when the tank contains any amount of herbicide mixture.

Batching sequence is as follows:

1: One half of the water for the mixture 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 agitating.

4: Add the remaining water in the batch tank while continuing to agitate.

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

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

Storing and Transporting Herbicides:

All unattended herbicide concentrate shall be stored in a lockable storage area in its original container.

The Contractor shall work with the Contracting Officer or their Representative to ensure a minimal amount of herbicide mixture is moved between units.

Disposal of Containers:

The Contractor shall dispose of the empty 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 receipt from a 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 Officer’s Representative on site.

3: Be under the control of the Contracting Officer or their Representative during the spill cleanup.

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

Licensing and Safety Requirements:

The Contractor shall have a current State of California Agriculture Pest Control Operators License including the Category “E” (Forest), and Pest Control Business License, prior to the award of contact. The Contractor shall register this 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 pesticides use reports, with a copy to the Contracting Officer.

3. Complete any other incidental requirements.

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 California Food & Agricultural Dept., Pesticide Licensing at (916)322-4647.

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

C.8-3 Contractor-Furnished Equipment

Required Materials:

The Contractor shall provide the following herbicides and adjuvants:

1. Items 1-3: Glyphosate herbicide, without surfactant, containing at 53.8% active ingredient (Roundup Custom, Rodeo, or equivalent).

2. All Items: Non-ionic esterified vegetable oil surfactant (Hasten or equivalent)

3. Items 1-3: Purple colored water-soluble marking dye (Colorfast Purple or equivalent).

All herbicides and adjuvants shall be provided in the original factory sealed containers no larger than 2.5 gallons each, however, if such 2.5-gallon containers are not available (due to something like industry shortage), then other container options (such as 30-gallon barrels) may be considered. If 30-gallon barrels or other nonstandard containers of chemical are used a system will be established and agreed to, to accurately measure chemicals for batching. Equivalent herbicides, surfactants, and dye must be approved by the Contracting Officer in advance.

The Contractor shall provide clean water for wash down backpack sprayers used in tree protection.

Required Equipment:

Personnel Protective Equipment PPE – during all stages of the operation all Label required PPE will be in place including and not limited to chemical resistant gloves with a minimum Mil of 14, safety glasses with brow and temple protection, clean coveralls, and boots.

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

All backpack sprayers will be labeled with the herbicide chemical name and percent, the surfactant name and percent, the dye name and percent, the label designated “Signal Word” for each chemical, and the company name and contact information. Backpack sprayers with water for tree washing will be labeled with “Non-Potable Water”.

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 a 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.

All batch tanks and tanks used to transport batched material into the units will be labeled with the herbicide chemical name and percent, surfactant name and percent, dye name and percent, the label designated “Signal Word” for each chemical, and the company name and contact information.

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

All clean water tanks will be labeled with “Non-Potable Water”.

Tree protection equipment – shall be sufficiently tall enough to completely cover and/or completely shield trees from contamination of herbicide mixture spray or drift. Tube or cone shaped devices shall not be less than 6” diameter and no greater than 8” diameter at the opening.

Locked storage area – for herbicide and containers.

Spill Kit – shall contain a minimum of 25 lbs. of absorbent material such as kitty litter, two 30 gallon, and 4 mil polyethylene garbage bags with ties, and two 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 or their Representative reserves the right to inspect, test, and approve equipment. For example, the Contracting Officer or their Representative will check for cracked hoses, worn seals, and leaks.

Prior to and during work the Contracting Officer or their Representative reserves the right to test and inspect the herbicide concentrate and mix.

Prior to and during work the Contractor shall be required to calibrate all equipment in the presence of the Contracting Officer or their Representative.

C.8-4 Government-Furnished Property

See Section G.

C.8-5 Public Safety The Contractor shall be required to carry out all operations in a manner which ensures the safety of the Public.

C.8-6 Salvage Rights There are no salvage rights under this contract.

C.8-7 Road Maintenance The Contractor may be required to repair damage to any roads which are used without the consent of the Contracting Officer or their Representative.

C.9 Supplemental Specifications Herbicide Mixture Specifications:

For Items 1- 3: the herbicide mix shall contain the following:

5% glyphosate herbicide formulation

5% nonionic surfactant 0.25% purple dye 100 gallons of herbicide mixture would thus be as follows:

89.75 gal. clean water

5.00 gal. glyphosate herbicide formulation

5.00 gal. nonionic surfactant

0.25 gal. purple dye

Herbicide Application Prescription:

Apply the herbicide mix to target vegetation in each stand in a uniform manner that meets minimum acceptable foliar coverage on all surfaces, including the interior, as shown in Section J, Exhibit A. If coverage is not acceptable, the Contractor may be required to retreat the stand.

Target vegetation varies by item as follows:

Items 1- 3: Target vegetation will be all live vegetation, woody and herbaceous, except crop trees and excluded vegetation.

Protected Areas (Exclusion 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. Protected areas include but are not limited to the following:

Streamcourses and other water features:

Stream buffers will be designated by the Contracting Officer’s personnel at the time of treatment. In the event the contractor encounters undesignated water features, the contractor shall notify the Contracting Officer’s personnel immediately, and proceed to implement the standard buffer width shown below. Distances are in feet from the high-water mark on each side of the channel/feature:

Items 1-3:

Perennial streams = 300’ non treatment buffer blue/white stripe flagging

· Intermittent streams = 150’ non treatment buffer blue/white stripe flagging

· Ephemeral streams = 25’ non treatment buffer blue/white stripe flagging

· All other special aquatic features = minimum of 25’ or as flagged on the ground non treatment buffer blue/white stripe flagging.

Other resource protection areas:

The contract detail maps contain known resource protection areas. Additional areas may be designated at time of treatment. Flagging colors for these protected areas include but are not limited to pink & black checkerboard and pink & green combinations.

Invasive Plants:

Known invasive plant populations are shown on the contract detail maps. Additional areas may be designated at time of treatment. The contractor shall avoid disturbance in these areas as much as practicable during treatment. This includes parking, staging, batching, and other concentrated activities. These are not exclusion areas. Where they occur within treatment stands, these areas shall still be treated, unless otherwise designated by the Contracting Officer’s personnel at the time of treatment.

Excluded Vegetation:

Bear grass (Xerophyllum tenax)

California black oak (Quercus kelloggii) >1” base diameter and/or > 3’ in height.

California hazelnut (Corylus cornuta)

California nutmeg (Torreya californica)

Canyon live oak (Quercus chrysolepis) >1” base diameter and/or > 3’ in height.

Elderberry (Sambucus spp.)

Fresno mat (Ceanothus fresnensis)

Lily (Lilium spp.)

Pacific yew (Taxus brevifolia)

Quaking aspen (Populus tremuloides)

Red hill soap root (Chlorogalum grandiflorum) Western dogwood (Cornus nuttallii)

Willow (Salix spp.)

C.9.1 Supplemental Specifications Data Table *Acreage is estimated. Actual acres treated may be measured by the government for payment purposes. See Section G.

Item 1: Mandatory Site Prep

UNIT

ACRES

Item 2: Mandatory Release

UNIT

ACRES

19DCS

203DCS

42S

52E

52N

52W

54N

54S

62E

65M

Item 3: Optional Release

UNIT

ACRES

SECTION E--INSPECTION AND ACCEPTANCE

E.1 Sampling

[X]Plots. 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:

[ ] 1/250 acre

[ ] 1/100 acre

[X] 1/50 acre

[ ] 1/10 acre

[ ] other (specify)

[ ]Transects.

[ ]Other (specify)

E.2 Specific Inspection Procedures

The Contracting Officer will make visual inspections while work is in progress for compliance with the terms of the contract.

Additionally, the Contracting Officer 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.

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 damage on more than 25% of the green crown.

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

3. Any mechanical damage to the bole, limbs, or terminal leader 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.

E.3 Acceptance

The following clauses which affect acceptance are incorporated by reference in Section I:

Responsibility for Supplies, Clause 52.246-16

Use and possession, Clause 52.236-11

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.

See Section G regarding method of payment.

E.4 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.

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/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

Work Timing

The Contractor shall begin work within _3_ calendar days after the effective date of the Notice to Proceed and shall prosecute the work at a rate that will result in completion of all work within the following time frame:

Item No.

Estimated Start Work Date Contract Time (Calendar Days) Mandatory Items 1, 2 and Optional Items 3 May 2nd, 2024 60 calendar days total

Notwithstanding any other clause in this section, in no event shall contract time extend beyond July 1st, 2024, unless it is determined by the Contracting Officer’s personnel that vegetative conditions may allow for continued operations.

Failure to begin work on schedule will make the contract subject to immediate termination for default.

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 subitems. Contractor shall complete all work on one subitem before proceeding to another.

[ X ] If this solicitation has more than one numbered item, award of more than one item to one contractor will not change the start work dates or the amount of contract time; times will run concurrently.

[ ] In the event of award of more than one item to one contractor, 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. Likewise, time on a third item would begin immediately following expiration of time on the second, and so on.

Winter Shutdown

When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time.

SECTION G--CONTRACT ADMINISTRATION DATA

Pre-work Pre-work conference. Before work begins on service contracts, a pre-work conference 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.

Notice to Proceed.

A. [X] No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed.

B. [ ] Work on this contract may proceed and contract time will begin upon receipt of the awarded contract. Any adjustments to the anticipated completion date will be noted in the award letter.

Measurement

Methods of Measurement.

[ ] Acreage was measured by dot grid method from aerial photographs.

[ ] Acreage was measured on a horizontal plane using compass and chain.

[X] Acreage was measured on a horizontal plane using a Global Positioning System.

[ ] Linear measurements have been taken with a wheel on the centerline of the trail or road.

[X] Estimated acreage: Actual acreage worked will be measured by the method(s) indicated above.

Remeasurement. Unless otherwise indicated by this contract, the contractor may request remeasurement of any quantities in Part B, when the units are acres or any linear measurement. The request must be made in writing and must be made within 10 calendar days of completing work on the unit in question. If remeasurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of remeasurement and no adjustment will be made in the quantity as stated in Part B. If remeasurement indicates a variance more than five percent from the stated quantity, payment will be based on the remeasured quantity, and the Contractor will not be liable for the costs of remeasurement. All remeasurements will be done by the Government. Remeasurement 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.

Payment

Payments and Deductions. Payment will be made for fully acceptable work at the prices bid 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:

A. [ ] Payment will be made in full if inspection results are 90 percent or higher. No payment will be made if inspection results are less than 90 percent.

B. [X] 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.

C. [ ] Liquidated damages will be charged as follows:

Contract Release. The following supplements the Payments clause in Section I:

Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

Invoices.

A. [ ] Payment will be processed using Form FS-6300-30, Contract Pay Estimate and Invoice, prepared by the C.O.R. The Contractor need not submit any other invoice, nor is Contractor required to sign any invoice except the last.

B. [X] Payment will be made from Contractor's invoice.

RETAINAGE (applicable to service contracts where work accomplishments are measured in units other than time) The following supplements Clause 52.232-1, Payments:

The Contracting Officer may retain up to 10 percent of the invoiced amount if the contractor is behind schedule at the time the invoice is presented. “Behind schedule” means that the percentage of work completed is less than the percentage of time used.

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. 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: Fresh water made available at Georgetown only.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

Loss, Damage or Destruction

Equipment Furnished with Operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

Other. Even though this contract may provide for performing services at the direction of Government personnel, the contract is not for personal services, and neither the Contractor nor his or her personnel are Government employees. The Government assumes no liability for injury occurring to Contractor personnel or to third parties, or for loss, damage, or destruction involving third parties' property as a result of the Contractor's operation. Except that the Government is liable for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment.

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

Crew Superintendent(s)/Foreman(s)

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

Emergencies

Fire Plan [X] See Section J, Fire Plan [ ] Not applicable; however, Contractors are required to comply with State law during fire season.

Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the following define the limits of a contractor's area of responsibility for fire under the terms of the Fire Plan (Section J):

[ ] (a) Trail Maintenance -50 meters on either side of the centerline

[X] (b) Silviculture Projects - 70 meters around the perimeter of the unit being worked in

[ ] (c) Special for this project:

Wages

[X] See Section J, Wage Determination

[ ] As of this date, no wage determination applicable to this specified locality and class of service employees has been received. The minimum wage specified in the Fair Labor Standards Act is currently $5.15 per hour.

Personal Protective Equipment

1. The contractor will train in the safe operation and use of equipment to all workers using such equipment.

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.

4. The contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

5. The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

6. The contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

7. The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

8. The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.

Superintendence by Contractor

The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.

Camping Permit Compliance

Contractor shall comply with all terms and conditions of any camping permit issued to allow use of premises. Any non-compliance will result in suspension of work until compliance is achieved.

Camping Provisions for Labor Intensive Contracts

The following provisions apply to all camping on National Forest lands during performance of this contract:

1. These provisions are in addition to those contained in, or provided for, in the clause titled “Use of Premises”, in this contract.

2. Every structure used as shelter shall provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold. Firewood may be cut only after obtaining a District Firewood Permit.

3. The campsite will not encroach beyond the boundaries designated by the Forest Service. The campsite shall be located so as to minimize impacts on streams, lakes, and other bodies of water. No camping shall be permitted within developed recreation sites or along primary recreation roads.

4. The campsite shall have a clean appearance at all times.

5. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the contractor fails to remove all structures or improvements within the 10 calendar days, they shall become the property of the United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site.

6. Unless otherwise designated by the Contracting Officer, the use of this area is not exclusive, and may be granted to other Permittees, contractors, or recreating public. Disorderly conduct is not permitted.

7. Damaging or removing any natural feature or other property of the Forest Service is prohibited.

8. Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area.

9. Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items.

10. An adequate and convenient…