A10. 1-SF1449andTerms_12970223R0005v2.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

WASHINGTON DC 20250-0001

1400 INDEPENDENCE AVE SW MS-1138

SPOC SOUTHWEST

USDA FOREST SERVICE

9A55 CODE 16. ADMINISTERED BYCODE

X

115310

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR9702

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

02/24/2023 2359 PT

02/09/2023

970-217-6804KLENISE WALLACE

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12970223R0005

5. SOLICITATION NUMBER

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

1 3 1085916OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

SONORA CA 95370

19777 GREENLEY ROAD

SUPERVISOR OFFICE

STANISLAUS NF SO

USDA FOREST SERVICE

15. DELIVER TO

WASHINGTON DC 20250-0001

1400 INDEPENDENCE AVE SW MS-1138

SPOC SOUTHWEST

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$10.0

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. Solicitation DEVIATIONS:

This solicitation uses the SF 1449 and will use the Commercial Contract Format in accordance with FAR 12.303. Section A - Continuation of SF 1449 includes the Schedule of Items and the Summary/Statement of work is located in Section B.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

KLENISE S. WALLACE

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

Company Name:

Address:

UEISAM ID:

POC Name:

POC Email:

POC Phone:

X 100.00

X klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Project Title: Groveland Ranger District (RD)

1654 - FY23 HUD Herbicide Release

Forest: Stanislaus National Forest, Groveland

Ranger District, Pacific Southwest Region (R5)

Description: The Groveland RD 1654 ¿ FY23 HUD

Herbicide Release project will secure spraying application services of herbicides to control woody shrubs, grasses and forbs with the intent of providing a suitable environment for the survival and growth of planted conifers.

Location: The project is located in the

Stanislaus National Forest on the Groveland

Ranger District in Tuolumne County, California.

Wage Determination: SCA WD 1977-0727, Revision

69, Dated 12/27/2022

Forest Service Contacts:

Contracting Officer Representative (COR): Brian

Thornquist, brian.thornquist@usda.gov

Government Technical Monitor (GTM): Christina

Wilkinson, christina.wilkinson@usda.gov

Contracting Officer (CO): Klenise Wallace, klenise.wallace@usda.gov

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

3 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12970223R0005

Delivery: 04/23/2023

Period of Performance: 03/06/2023 to 04/23/2023

0001 Item 1 - Groveland RD 1654 - FY23 HUD Herbicide

Release

Units AA012, AA015, AA019, BB016, BB0017, BB022, BB045

Total Acres - 554

0002 Item 2 - Groveland RD 1654 - FY23 HUD Herbicide

Release

Units P010, P011, P020, P021, P022, Q012, T021, T024C, T025, U017C and U021

Total Acres - 629

0003 Item 3 - Groveland RD 1654 - FY23 HUD Herbicide

Release

Units S001, T007 and Q002B

Total Acres - 872

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury.

All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S.

Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

Solicitation No. 12970223R0005 Groveland RD 1654 – FY23 HUD Herbicide Release Stanislaus National Forest / Groveland Ranger District

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice.

DEVIATION(S): (1) This announcement (and subsequent attachments) constitutes the only solicitation; proposals are being requested and a written solicitation is being issued. (2) The solicitation terms herein use the Commercial Contract Format in accordance with FAR 12.303. (3)

(ii) This solicitation is issued as a Request for Proposal (RFP).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular 2023-01.

(iv) This procurement is set aside for Total Small Business. The NAICS code is 115310, Support

Activities for Forestry and the Small Business Size Standard is $10M.

(v) Schedule of Items / Price Schedule. See Section A – Continuation of SF 1449.

(vi) Pre-Bid Meeting If the Government anticipates hosting a pre-bid meeting, information can be found in Section E of these solicitation terms.

(vii) Date, Time, and Place Offers are due 24 February 2023 | 2359 PT | Email klenise.wallace@usda.gov

Final Date / Time / Contact Info for Questions 22 February 2023 | 1300 PT | Email klenise.wallace@usda.gov, brian.thornquist@usda.gov, AND christina.wilkinson@usda.gov

Any prospective contractor desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must submit requests it in writing (via email) by the final date/time for questions specified herein.

(viii) Government Point of Contact Contracting Officer (CO) - Klenise Wallace, klenise.wallace@usda.gov mailto:klenise.wallace@usda.gov mailto:brian.thornquist@usda.gov mailto:christina.wilkinson@usda.gov

Stanislaus National Forest / Groveland Ranger District

Continuation SECTION A – CONTINUATION OF SF 1449

Blocks 27 (a) and (b): The full text of a clause or provision may be accessed electronically at https://www.acquisition.gov/browse/index/far.

Non-Discrimination Statement: The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, etc.)

should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250- 9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

Biobased/Sustainable Products Program: This procurement requires the use of biobased products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, are reasonably priced. Where available, these products should first be acquired from among qualified products that fall under the umbrella of items designated through the Federal Biobased Products Preferred Procurement Program (FB4P). For more information on biobased program and biobased products, refer to the links under Section B.1.4.1 and B.1.4.2.

SCHEDULE OF ITEMS/PRICE SCHEDULE

**For this solicitation, please input pricing on the Excel provided schedule of items. Return the completed costs on the Excel Spreadsheet with the proposal package. This will be a Firm Fixed Price Contract.** https://www.acquisition.gov/browse/index/far

SECTION B – STATEMENT OF WORK

B.1. DESCRIPTION OF REQUIREMENT

B.1.1. Background.

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

The Groveland Ranger District (RD) 1654 – FY23 HUD Herbicide Release project will secure spraying application services of herbicides to control woody shrubs, grasses and forbs with the intent of providing a suitable environment for the survival and growth of planted conifers.

B.1.2. Scope of Work.

The Contractor shall provide all personnel, labor, equipment, supplies and incidentals, transportation, and supervision necessary to complete all requirements of this work. Supplies and incidentals include any items necessary to accomplish the required contract work while complying with herbicide label directions, pesticide application license requirements, and worker safety protection standards.

Any data, instruction or materials furnished by the Government shall be clearly identified in the Government Furnished section of the solicitation/contract terms. See Section B.4.

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.

Option Items. Bid options will be awarded at the discretion of the Government, based on continuing need, price reasonableness, and availability of funding. Award will be based on the contract total value, which considers base and optional items combined.

B.1.2.1. Work Specifications.

All Items are a release treatment of areas planted with conifers/seedlings. The conifers/seedlings, some oaks, willow and elderberry whether planted or growing naturally are not target species and are not to be sprayed.

B.1.2.1.1. Protection of Non-Target Species. All Items are a release treatment of areas planted with conifers/seedlings. The conifers/seedlings, some oaks, willow and elderberry whether planted or growing naturally are not target species and are not to be sprayed.

B.1.2.1.2. Protection with/without Shade Cards. 1) All Conifer/seedlings Shade Cards, with up to 2 feet in height and oak seedlings from three (3) inches to two (2) feet in height shall be covered with plastic produce bags to protect the plant from the herbicide spray. Seedlings that are covered with plastic produce bags shall be covered no sooner than 30 minutes before applying the herbicide mixture and shall be uncovered by the Contractor no more than 30 minutes after application. Planted conifers with 8” by 12” inch shade cards are not to be sprayed and shall also be covered with plastic produce bags to protect them from the herbicide.

2) Conifer and oak seedlings taller than 2 feet will be protected by using a shield or if allowed by the Contracting Officer a controlled (directed) spray application. Protective equipment shall not damage trees.

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.

Stanislaus National Forest / Groveland Ranger District

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.

B.1.2.1.3. Batching the 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.

B.1.2.1.4. 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 Hi-Light Blue Dye.

4. Sufficient water to equal 100 gallons of mix.

5. No-foam agent as needed

B.1.2.1.5. Batching Sequence.

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.

B.1.2.1.6. 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.

B.1.2.1.7. 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.

B.1.2.1.8. 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 cleanup.

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

B.1.2.2. Contractor Equipment The contractor shall provide the following herbicides, adjuvants, dye and other equipment.

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

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

3. Hi-Light® Blue dye.

4. No-foam agent

5. Tree shields

6. Plastic produce bags

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.

B.1.2.2.1. 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.

B.1.2.2.2. 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.

B.1.2.2.3. 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.

B.1.2.2.4. Plastic Produce Bags. Appropriate sized bags for covering seedlings that do not have shade cards that are up to 2 feet tall that will protect them from herbicide spray.

B.1.2.2.5. 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 that are over 2 feet in height.

B.1.2.2.6. Storage Area. Locked area for herbicide and containers. This can’t be inside of the passenger area of a vehicle.

B.1.2.2.7. 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.

Stanislaus National Forest / Groveland Ranger District

B.1.2.2.8. 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.

B.1.2.2.9. 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.

B.1.3. Contractor Responsibilities.

B.1.3.1. Contractor Designee.

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/or Contracting Officer Representative and shall take such action as is required to keep the job in progress under the terms of the contract. Any deviations from the contract terms must be requested in writing and approved by the Contracting Officer only via contract modification (via SF 30), except in cases of emergency that pose imminent danger to safety or life, in which case an interim verbal will suffice until such time the CO can provide the decision in writing.

B.1.3.2. Standard Language.

The Contractor and authorized representative(s) must be able to read, write, speak, and understand English. It is up to the contractor to ensure the authorized representative can communicate the Governments instruction in the language common to the crew(s) if English is not the common language.

B.1.3.3. Licenses and Training.

The contractor shall obtain licenses listed herein.

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

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

California State Agriculture Pest Control Operator License. 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 contract award.

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.

Stanislaus National Forest / Groveland Ranger District

3. Complete any other incidental requirements.

B.1.3.4. Safety Compliance.

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.

B.1.3.4.1. 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.

B.1.3.4.2. COVID-19 Considerations.

The forest service is required to not allow Contractors showing COVID-19, flu, or any virus-related symptoms to continue to work.

Should any Forest Service authorized representative (See Section B.8) believe there is cause for concern, the contractor authorized representative and/or individual may ask the following questions:

Have you, someone living in your household, someone with you, someone you have been in close or frequent contact with, or someone you are caring for been diagnosed with COVID- 19(Coronavirus) or had any contact with a confirmed case of COVID-19?

In the last 14 days, have you, someone living in your household, or someone with you have been in close or frequent contact with, or someone you are caring for returned from another country?

Do you currently have, or have you had within the last 24 hours, any cold or flu symptoms, including a fever greater than 100.4, shortness of breath, body aches and coughing?

B.1.3.4.3. Additional Safety. When Contractor's operations are in progress adjacent to or on Forest Service controlled roads and trails open to public travel, Contractor shall furnish, install and maintain all temporary traffic controls, which provide the user with adequate warning of, hazardous or potentially hazardous conditions associated with Contractor’s operations. This may require the use of flag persons in addition to signing or other methods of warning. Devices shall be appropriate to current conditions and shall be covered or removed when not needed. Flagmen and devices shall be as specified in the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD).

B.1.3.5. Work Methods.

The Contractor shall be responsible for training his employees in the proper techniques to be used during application of herbicides.

http://www.cdpr.ca.gov/

The Contractor shall be responsible for ensuring employees are trained on and follow all applicable safety procedures when handling herbicides in compliance with federal, state and county requirements.

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 60 gallons per acre.

B.1.4. Bio-Based/Sustainable Products Program The Contractor shall utilize products and material made from biobased materials (e.g. biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards.

All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer.

B.1.4.1. In the performance of this contract, the Contractor shall make maximum use of biobased oils and lubricants that are designated by the United States Department of Agriculture unless the product cannot be acquired:

- Competitively within a time frame providing for compliance with the contract performance schedule;

- Meeting contract performance requirements; or

- At a reasonable price.

- Information about this requirement and these products is available at https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

B.1.4.2. The Federal Acquisition Regulation (FAR) requires Contractors to report the purchase of biobased products under service and construction contracts during the previous Government fiscal year (October 1 thru September 30) and to submit this report no later than:

1. October 31 of each year during contract performance; and

2. At the end of contract performance.

Information about this requirement is available at https://www.biopreferred.gov/BioPreferred/

B.2 LOCATION

The project is located in the Stanislaus National Forest on the Groveland Ranger District in Tuolumne County, California.

The map (Section D) included are georeferenced to work in the AVENZA application by the offeror/contractor, so that the contractor has hard boundaries when utilized in the application. At contract start, all botany locations will be flagged physically and identified on final maps and provided to contractor (if there are any sensitive botany sites). New maps may be provided and may be larger to view https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml https://www.biopreferred.gov/BioPreferred/

Stanislaus National Forest / Groveland Ranger District in nature. And once again, all our maps are usable for this project, but contractors may request new maps per each Unit being sprayed.

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 Representative will determine the access routes which may be used.

Exclusions (Non-Work Areas). Known exclusion areas are flagged within the work areas and are labeled “CA” on unit maps. For access to these maps, offerors/contractors must have access to the AVENA application.

B.3 PERIOD OF PERFORMANCE

The anticipated start work date is 6 March 2023.

The Contractor is expected to begin work within 3 calendar days* of the notice to proceed effective date.

Failure to begin work on schedule may subject the contract to termination for default.

The project duration is estimated to have a performance period of 48 calendar days** from the notice to proceed date..

All work must be completed by 23 April 2023*.

*The pre-work meeting must be held prior to contractor mobilization.

** 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.

B.3.1. Restrictions on Work. Work may be performed at any time during the period of the contract, except as outlined in this section. 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 included in Section D.

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 Representative 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 Representative or Government Technical

Monitor is present on the work site.

5. The Contracting Officer Representative 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.

B.3.2. 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.

B.4 GOVERNMENT FURNISHED PROPERTY OR EQUIPMENT

Except for the materials specifically stated within the awarded contract, the contractor shall be expected to provide all the tools, equipment and materials necessary to carry out this work in accordance B.1.2.

Stanislaus National Forest / Groveland Ranger District

B.5 DELIVERABLES

Spray herbicides to the designated areas in accordance with B.1 herein to control woody shrubs, grasses and forbs using the data table and schedule of items provided as Attachment D.1.

CDBG Annual Performance Report due with the submittal of the final invoice.

B.6 INSPECTION AND ACCEPTANCE

All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and testing at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract. See FAR Clause 52.212-4(a) contained in Section C of these contract terms. Supplemental information to the inspection clause is as follows:

B.6.1. Sampling.

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

B.6.2. 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:

FORMULA: 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:

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.

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

Stanislaus National Forest / Groveland Ranger District 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.

B.6.3. 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.

B.6.3.1. Compliance Inspection(s).

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.

B.6.3.2. Disputed Inspection(s).

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.

B.6.3.3. 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.

B.6.4. Acceptance.

Work on this contract 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.

Stanislaus National Forest / Groveland Ranger District

B.7 SPECIAL CONTRACT REQUIREMENTS

B.7.1 Wage Determination The Service Contract Act Wage Determination(s) for this contract is: SCA WD 1977-0727, Revision 69, Dated 12/27/2022.

B.7.3 Key Personnel

(a) The Contractor shall assign to this contract the following key personnel: Contractor Representative, Foreman/Superintendent.

(b) During the first fifteen (15) 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 5 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 15-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 5 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 10 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.

B.7.3.1. 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 shall document the name and contact information of all key personnel assigned to this contract on 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 fluent and fully conversant in the English language both oral and written.

B.7.4. Camping Camping ☐ is / ☒ is not authorized for this project and therefore is not permitted on US Forest Service Lands during the performance of this contract. Any non-compliance will result in suspension of work until compliance is achieved.

B.7.5. Archaeological and Historic Sites.

Location of known historic or prehistoric sites, buildings, objects, and properties related to American history, architecture archaeology, and culture, such as settler or Indian artifacts, protected by American Antiquities Act of 1906 (16 U.S.C. 432,433) National Historic Preservation Act of 1966 (16 U.S.C. 470) and implementing regulations (36 CFR 800), the American Indian Religious Freedom Act, and the Archaeological Resources Protection Act of 1979 (PL 96-95 and 36 CFR 261.9(e) shall be identified on the ground by the Forest Service with blue and black stripped flagging.

Forest Service may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact, or similar object which is or may be entitled to protection under these Acts regardless of when the area, object or artifact is discovered or identified. Discovery of such areas or objects by either party shall be promptly reported to the other party.

Contractor shall protect Controlled Areas flagged on the ground in blue and black flagging, and all known and identified or discovered historic or prehistoric sites, buildings, objects, and properties related to

Stanislaus National Forest / Groveland Ranger District

American history, architecture, archaeology and culture against destruction, obliteration, removal or damage during Contractor's operations. Contractor shall immediately notify Forest Service if damage occurs to any Cultural Resources and immediately halt operations in the vicinity of the Resource where damage occurred until Forest Service authorizes Contractor to proceed. If such damage is negligently or willfully caused by Contractor's operations, Contractor shall bear costs of investigation and restoration in accordance with 36 CFR 296.14(c), provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

B.7.6. 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 cleanup 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.

B.7.7. 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 equipment such as ATVs or chippers; it does not include service vehicles, 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.

B.7.8 Employment of Eligible 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.

http://www.dol.gov/whd/mspa/index.htm

Stanislaus National Forest / Groveland Ranger District

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

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.

Migrant Agricultural Worker and Seasonal Agricultural Worker: as used in this part means…