HUD_Herbecide_Site_Prep_Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 944119 76

8999412. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

129JGP19Q0020 02/28/2019

7. FOR SOLICITATION INFORMATION CALL: a. NAME

Olaine Martinez

b. CONTACT INFORMATION

530-478-6823 tracymartinez@fs.fed.us

8. OFFER DUE DATE / TIME

03/28/2019 4:00 p.m.

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 % FOR:

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

HUBZONE SMALL SMALL BUSINESS PROGRAM

BUSINESS

SERVICE DISABLED EDWOSB

VETERAN- OWNED

SMALL BUSINESS 8(A)

NAICS: 115310

SIZE STANDARD: 7.5 Million

USDA Forest Service Central CA Acquisition Service Area 631 Coyote Street Nevada City, CA 95959

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

See specifications.

16. ADMINISTERED BY CODE

See block 9.

17a. CONTRACTOR / OFFEROR FACILITY 18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

FY19 HUD Herbicide Site Prep Stanislaus National Forest See separate schedule sheet.

Please provide the following information:

DUNS#______________________

Email:_____________________________ PHONE No.:______________________

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

See IAS requisition.

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______1________ 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

9JGP

FY19 HUD Herbicide and Site Prep Stanislaus National Forest

See schedule on next page.

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.2/2012) BACK

PROJECT

UNIT

SOL #

ITEM NO. DESCRIPTION Unit Unit QTY Minimum

UNIT QTY

Maximun UNIT PRICE TOTAL PRICE

1 Unit # J013 Gallons 2,300 2,900 -$ -$ 2 Unit # R022 Gallons 5,240 6,550 -$ -$ 3 Unit # T006 Gallons 15,920 19,900 -$ -$ 4 Unit # T007 Gallons 13,680 17,100 -$ -$ 5 Unit # U003 Gallons 14,240 17,800 -$ -$ 6 Unit # U005 Gallons 920 1,150 -$ -$

TOTAL -$

NOTES

Signature

Vendor

Address

129JGP19Q0020

FY18 Hand Application Hud Mi-Wok Stanislaus N.F, Mi-Wok R.D

SCHEDULE OF ITEMS

SECTION B

SUPPLIES OR SERVICES & PRICE/COST

PRICE SUBMITTED BY

Phone:

Fax:

Email:

POC:

1. Responses for quantities less than those listed in the numbered items may be rejected

2. Responses without prices for each item and sub-item may be rejected.

3.***Contractor will provide the estimated minimum herbicide gallon amount for each unit.

Any amount over the minimum estimate up to the maximum estimate is at the sole discreation of the COR and shall be based on vegetation type, vegetation amounts, heights and the unit needs.

C. DESCRIPTION/ SPECIFICATIONS/ STATEMENT OF WORK

C.1 Scope of Work

Description of Work: The intent of this contract is to secure services for ground, broadcast spray application of herbicides according to the attached specifications. The goal of this contract is to control woody shrubs, grasses and forbs, to provide a suitable environment for the survival and growth of planted conifers.

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 Stanislaus National Forest, Groveland Ranger District.

Description: The area for herbicide treatment is within the 2013 Rim Fire. Ground to be treated is comprised of grass, forbs and small brush. Snags are scattered throughout unit.

Exclusions (Non-Work Areas): Known exclusion areas are flagged within the work areas and are labeled CA on unit maps. See Section J Unit Maps for CA location.

Accessibility: All work areas are 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.

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.

C.3 Maps

Any maps included in Section J are general in nature and are not to be considered as definitively identifying locations.

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.

C.4 Estimated Start Date & Contract Time

Estimated Start Date April 1, 2019, 2

Number of Calendar Days Required: 25 Days

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. 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. The Contracting Officer will determine whether target vegetation is in an appropriate stage of growth for the herbicide application to be effective.

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

5. The Contracting Officer will determine the sequence in which each stand will be treated.

6. Each stand shall be completed prior to starting work on the next stand.

C.6 Licenses and Insurance

The contractor shall obtain the insurance and licenses listed here.

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.

Licensing and Safety Requirements: 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 Applicator Certificate (QAC).

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 www.cdpr.ca.gov.

C.7 Camping and Housing Camping is not permitted in US Forest Service campgrounds. Contractor 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 Definitions:

Adjuvant: Anything added to the herbicide with the exception of water. This includes drift control agents, surfactants, dyes, antifoam agents, acidifiers, etc.

Batch tank: A mixing tank with a constant agitator that can be moved and operated separately from the clean water tank. For example, a tank mounted on a separate vehicle from the clean water tank or mounted on a trailer.

Broadcast spray: The entire area of the unit, excluding protected areas, rock outcroppings, and non-target species, is to be sprayed with the herbicide mix at the specified rate.

Clean water tank: A tank that contains water for mixing and wash down. It must be free of all pesticide residues.

Crop tree: Any tree or seedling present with the exception of knob-cone pine, bull (foothill gray) pine, and California nutmeg.

Damaged tree: The following constitutes unacceptable types of damage:

1. Any herbicide mixture on the terminal leader, or on more than 5% of the green crown.

2. Any physical damage to the terminal bud or leader, or more than 25% physical damage to the live crown.

3. Any damage on the bole or stem of the tree.

Herbicide: The concentrate before mixing occurs.

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

Non-target species: Include, but are not limited to: Alder, Dogwood, Elderberry, Hazelnut, and Willow.

Oaks: Buffer 5 per acre Oak over 0.5 inch DBH and 8 feet tall and identified on the ground if there are over 5 per acre. If under 5 per acre buffer all.

Target vegetation: All green plants not identified as commercial conifers, oaks or other non-target species.

Wash down: Spray a contaminated seedling or other non-target vegetation with wash down solution to runoff.

Wash down solution: Composed of 5 gallons of water and one 3 oz. bar of soap per backpack of water.

C.8-2 Specifications

Licensing and Safety Requirements: 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, have a State of California Applicator Certificate (QAC).

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 www.cdpr.ca.gov.

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

The Contractor shall keep his crew organized so that units are covered systematically without skipped areas. The Contractor shall not scatter his crew over different parts of the unit.

The Contractor shall apply the herbicide mixture to all target vegetation in each stand.

The Contractor shall spray to coverage but not to runoff, the leaves and outer stems over the entire plant for all the vegetation to be treated. Interior surfaces of large, dense target species vegetation shall be sprayed.

The application rate and coverage shall be uniform throughout each unit although the amount of mix applied per acre will vary with plant density and size.

Application rate shall not exceed 40 gallons per acre.

Crop trees in all units shall be protected from herbicide mixture in the following manner:

Seedlings up 2 feet in height shall be shielded to protect the entire plant from herbicide spray (i.e., cones, shields, etc.). Protective equipment shall not damage seedlings. Seedlings taller http://www.cdpr.ca.gov/ than 2 feet will 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.

There shall be at least one clean (i.e. triple rinsed) back-pack sprayer available per crew that is full of wash down solution. Crop trees and non-target plants shall be washed down within 8 minutes of contamination. Individual spray bottles are allowed. Eyewash bottles will not be a substitute for individual spray bottles.

No application of herbicide will be allowed within 10 feet of any meadows, perennial, intermittent, ephemeral stream courses or special aquatic features such as springs, seeps and fens. These areas will be designated by the government prior to entry into the units, and will be considered protected areas. Areas containing standing water not designated by the government prior to entry will be given a 10 foot buffer and treated as non-work areas. The 10 foot buffer does not apply if any intermittent or ephemeral stream is dry at the time of application.

Do not apply herbicide within 20 feet of the bole of leave oaks unless noxious weeds are present. These oaks are identified on the ground and will not exceed 5 per acre.

Non-target species shall not be sprayed in any units.

The Contractor shall keep equipment in good operating condition maintaining flow rate and nozzle pressure. Application of herbicide mixture will be made with a nozzle pressure of 15 psi.

The spray tip will be kept from 12 to 24 inches from the target vegetation during application.

To avoid damaging nozzles the Contractor shall use a soft material such as natural or nylon bristle to clean the nozzles. Wire or other hard material that can enlarge the nozzle orifice, or otherwise damage the nozzle shall not be used.

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

Under no circumstances shall sprayers, containers, clothing, personnel or other contaminated materials be washed within 50 feet of any running or dry stream course, lake, reservoir, wet meadow, or other wet area.

The Contracting Officer will use the following criteria to determine when application operations will cease:

1. Sustained winds in excess of 5 mph.

2. Precipitation, or a 70% or greater chance, predicted within 24 hours.

3. Foggy weather.

4. Excessive dew on target plants.

5. Temperature inversions that could lead to off-site movement of the herbicide mixture.

Batching of Herbicide Mix: Contractor shall do all batching of herbicide mix and conform to label instructions and safety requirements.

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 will be done in the presence of the Contracting Officer or their representative at the work site. The Contractor shall use only water sources approved by the Contracting Officer.

Glyphosate herbicide Mix for 100 gallons of 2% herbicide mix

1. 2 gallons of Glyphosate.

2. ¼ gallon of SLY-Tac Surfactant.

3. ¼ gallon of Becker Underwood Colorfast Purple.

4. Sufficient water to equal 100 gallons of mix.

Batching sequence is as follows:

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

2. The herbicide and colorants 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.

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.

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 units.

Disposal of Containers: The Contractor shall dispose of the containers in the following Federal, State, and County regulations in the disposal of the empty herbicide containers.

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.

C.8-3 Contractor-Furnished Equipment

The contractor shall provide the following herbicides, adjuvants, and dye.

1. A 53.8% active ingredient glyphosate herbicide formulation without an integrated surfactant.

2. SYL-TAC (CA Reg. No 2935-50167).

3. Colorfast brand or equivalent purple dye.

4. Tree shields

All herbicides and adjuvants shall be provided in factory sealed containers no larger than 2.5 gallons each. 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.

All required chemicals shall be provided in sufficient quantities to complete the job.

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.

All valves capable of emptying herbicide from the batch tank, must be lockable.

Clean water tank: Shall be a tank exclusively for 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.

Tree Shield: A shield or cone to protect seedlings from herbicide spray. Each applicator shall carry a shield when there are seedlings in a unit under 2 feet in height.

Storage area: Locked area for herbicide and containers. This can’t be inside of the passenger area of a vehicle.

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: 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.

Other: 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.

Personal protection equipment for workers: All safety equipment as listed on the herbicide label and as required by State and Federal regulations shall be used. Note that the State of California requires gloves and eye protection whenever working with pesticides.

Additionally, the following Forest Service requirements shall be met:

1. Hardhats without leather or other porous headband.

2. Disposable or washable long-sleeve coveralls. Clean coveralls, without tears, shall be worn each day.

3. Tee shirts and long pants shall be worn under coveralls.

4. Leather boots with socks.

5. Individual eye wash bottle (16 ounces of water), to be carried by applicator.

Workers shall change their personal protective equipment (PPE) and under clothes and wash thoroughly, wet areas of the skin if the workers PPE becomes sufficiently wet that spray material soaks through the PPE and under clothes.

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.

C.8-3 Contractor-Furnished Equipment Contractor shall be required to have all equipment necessary to perform.

C.8-4 Government-Furnished Equipment 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. None.

SECTION E - INSPECTION AND ACCEPTANCE

E. INSEPCTION AND ACCEPTANCE

E.1 Contract Inspection Requirements (FAR 52.246.01) (APR 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.

E.2 Inspection of Services Fixed Price (FAR 42.246.04) (FEB 1992)

a. Definitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

a. The Contractor shall provide and maintain an inspection system acceptable to the

Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

b. The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

c. If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, without additional charge, all reasonable facilities and assistance for the safe and convenient performance of these duties.

d. If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

e. If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

E.3 Informal Inspections

The Contracting Officer and/or his/her appointed representative may visit the work units to observe the Contractor's work and progress. Acceptance of the unit may be based on informal inspections.

E.4 Compliance with Inspections If, during the performance of the contract, the Contracting Officer determines that work performance fails to comply with a specification or specifications, the Contracting Officer may issue a work order to the Contractor. The Contractor shall immediately correct performance to comply with the work order and the referenced specifications and shall rework as necessary all area worked that does not comply with the referenced specifications. Failure to correct unsatisfactory conditions may be considered non-compliance with the terms of the contract and may be grounds for contract termination.

E.5 Quality Control Plan

a. The Contractor shall provide a general Quality Control Plan (QCP) with the technical proposal. The Contractor shall supplement the QCP within 7 days before start work based on items awarded to the Contractor and Government comments. The contractor shall conduct quality control inspections on all aspects of work. The field inspections shall be performed on each sub-item listed in each task order.

b. The general Quality Control Plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. The Plan shall describe how quality will be monitored to assure the performance standards are met, the supervision of crew and work, and personnel that will be performing the quality control. Quality control shall include monitoring quality while work is in progress, residiual tree care and other associated tasks, an unbiased sample of:

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:

Herbicide mixture or damage on more than 25% of the green crown.

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

2. 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.

c. The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

E.6 Plot Inspections

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:

1/50 acre

The plot system shall be consistent with method of work. The Contractor shall sample at least 1-percent of the unit, with a minimum of 5 plots per 10 acres unit.

a) Plots shall be marked and identifiable on the ground, this includes plot numbers and visible flagging.

b) The Contractor shall provide inspection sheets and a sketch map of the unit with plot locations to the Government. Inspection sheets shall be signed and dated by the person who conducted the inspection and shall certify that the inspection records are complete and accurate.

E.6 Government Quality Assurance Surveillance Plan Quality assurance specific to individual items will be found in Appendix A.

a) Forest Service Inspection – The Forest Service shall conduct inspections of the Contractor’s work to determine compliance with the contract specifications (Appendix A) and determine a basis for making payment of Service Items. Inspections will consist of a visual walk-through inspection of the work performed and will be based on adherence to the Acceptable Quality Level (AQL). The Forest Service May also install a series of inspection plots to check for compliance to AQL.

b) Forest Service Acceptable Quality Level for Harvest and Fuel Reduction – Within cutting units, all trees designated for cutting are cut and removed to designated landings for removal or to disposal sites. No un-designated trees are cut or removed.

a) Residual Trees: No more than 2% (cumulative) of the residual leave trees are damaged by the contractors operations.

b) Felling: 90% of material is felled, 90% of cut stumps are within the specified stump height, and 90% of slope indicated in B.2 (Schedule of Items) are felled to accomplish fuel reduction goals.

c) Snag Retention: 90% of Snag retention requirement and number are met.

d) Piling: 90% of all piles meet specifications.

e) 90% of the required erosion control measures conform to the contract.

f) Brush Treatment: 90% of all material meets specifications.

g) Road Maintenance: 90% of road surfaces are returned to prior state before work began.

h) Controlled Areas: No damage to controlled areas

E.8 Unit Acceptance

a) The Contractor shall submit a unit to the Contracting Officer for acceptance only when the Contractor's inspections for quality control assure the work specifications have been met.

b) The Government may perform formal inspections to determine acceptance of the work units. Formal inspections will inspect at least two percent of the work unit on a random plot basis and will address the work specifications.

c) If the results of the Contractor's inspections cannot be verified by Government inspections, the Government may elect to conduct all subsequent inspections. If the Government does assume the burden of the Contractor's inspections, there shall be an inspection charge of $25/ha ($10.00 per acre) inspected.

E. Acceptance of Services

The Contractor shall provide a written request for inspection and submit inspection sheets in accordance with the QCP. The Government will conduct an inspection and up to one re-inspection for each unit. If the contractor fails to meet the minimum AQL, the contractor shall rework the unit. Anytime more than two inspections are required per unit, the contractor may be assessed for additional inspections, which will include mileage and hourly rate of the COR. If follow-up inspections indicate that the minimum AQL was not met, the work will be deemed unsatisfactory and a deduction in payment may result (Section G-3.4). Acceptance may be made for all or portions of work.

Acceptance – Work will be accepted when it is determined by the visual inspection or plot data collected at a 1 percent sample that the Contractor’s work conforms to the Acceptable Quality Level (AQL) for the unit designation. Areas missed within the work unit will be considered part of the work being inspected and must be re-worked regardless of the results of the inspection of the work completed in the Service Item. Service Items that do not comply with the Acceptable Quality Level will be in non-compliance and shall result in no-payment until AQL is met.

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.acquisition.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 ___5_______ 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.1: Estimated Start Work Date/Contract Time (Calendar Days)

April 1st, 2019 25 Days

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.

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.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.acquisition.gov/far/

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 ADMINISTRATON

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

G.2 Measurement Methods of Measurement.

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

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

a. 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.

G.3 Payment http://www.arnet.gov/far/

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: Payment will be made upon presentation of a properly prepared invoice for work that meets all specifications and all GPS files of all completed treatment area acreage that is included on the invoice. Refer to the Prompt Payment Act clause in Section I for the elements of a proper invoice.

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.

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).

G.4 Invoices Payment will be made from Contractor's invoice which shall be submitted to the COR with all GPS files of all completed treatment acreage that is included on the invoice.

a. Retainage. 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.

G.4 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.

Maps, Electronic shapefiles or track logs for uploading in GPS or mobile electronic device (smart phone, tablets).

G.5 Additional HUD Administrative requirements.

See NDR Service Contract Addendum.

SECTION H. SPECIAL CONTRACT REQUIREMEMENTS

State of California HUD Additional Requirements

Additional State of California Department of Housing And Community Development Provisions are included at the addendum attached.

Emergencies Fire Plan See Section J, Fire Plan

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):

Silviculture Projects - 70 meters around the perimeter of the unit being worked in

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.

Archaeological and Historic Sites Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)--will be identified for the contractor before work commences.

Spill Plan If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean-up of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

Equipment Cleaning All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.

If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

AGAR 452.236-72 USE OF PREMISES (NOV 1996)

Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a camp site or trailer parking area of any employee working on the project for the Contractor.

Unless accepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State, and local regulations.

AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (NOV 1996)

Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

Landscape preservation The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

Approval of Subcontracting The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

• The name, address and telephone number of the subcontractor.

• The date upon which the subcontract was entered into and its duration

• A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

• Documentation of the subcontractor's representative authority.

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

Employment of Eligible Workers

a) Labor standards for contracts involving H-2B workers or migrant and seasonal agricultural workers

1. General This contract is subject to the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 United States Code (U.S.C) 1801-1872, and to the U.S. Department of Labor (DOL) regulations implementing MSPA 29 Code of Federal Regulations (CFR) Part 500. MSPA eliminates activities detrimental to migrant and seasonal agricultural workers, requires registration of Farm Labor Contractors, and ensures necessary protection for the workers.

Information regarding MSPA can be found at http://www.dol.gov/whd/mspa/index.htm.

If workers are hired under the H-2B program, (8 CFR Section 274A provisions of the Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S. to perform temporary labor or services) a Temporary Employment Certification issued by the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration is required. For further information on the requirements of the H-2B program, visit OFLC’s website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour’s website at http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm.

Compliance with MSPA and the INA is a material condition of this contract. If the contractor employs any unauthorized worker(s) during the performance of this contract that violates section 274A of the INA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

2. Definitions

a) H-2B worker: as used in this part means a nonimmigrant holding a visa authorizing the individual to legally work in the US to perform temporary labor or services. A worker with an H-2B visa (“H-2B worker”) may also be considered a migrant agricultural worker under MSPA depending on the type and nature of work performed.

b) Migrant Agricultural Worker and Seasonal Agricultural Worker: as used in this part means individuals employed for agricultural (including forestry) work on a seasonal or temporary basis. i. A worker, moving from one seasonal activity to another, is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year.

ii. An overnight absence from the migrant workers permanent place of residence is required.

iii. Members of the contractor's immediate family are not considered migrant or seasonal workers. Immediate family includes:

• Spouse

• Children, stepchildren, or foster children

• Parents, stepparents, or foster parents, or

• Brothers…