AG-0356-S-16-0003.pdf

AG-0356-S-16-0003

Carbaryl Tree Spraying

Multiple Ranger Districts

Solicitation Issue Date: February 19, 2016

Method of Solicitation: Request for Quotation (RFQ).

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. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The solicitation and incorporated provisions and clauses are those in effect through the most current Federal Acquisition Circular FAC 2015-86.

North American Industry Classification (NAICS): 115310 (Support Activities of

Forestry) Size Standard is $7.5 Million

Set Aside: 100% small business set-aside.

General Information: The intent of this solicitation is to obtain quotes for Carbaryl Tree

Spraying Services. See below for complete project description.

Provide quote by: 4:00 PM, MST on March 14th, 2016.

DOCUMENTS TO RETURN:

The following documents shall be submitted by the offeror for evaluation to be considered responsive:

Contractors wishing to submit a quote must include the following:

Schedule of Items

Experience Questionnaire

Annual Representations & Certifications (all noted in red ink)

Equivalent Product Certification (if using equal)

Resume of Key Personnel, ie: Supervisor for Spray Operations

Equipment List (list of proposed equipment for use in spray operations)

Copy of Montana State Forest Pest Pesticide Applicator License(s)

Acknowledge Amendments per the instructions in Block 11 on the SF-30) if applicable.

Send quote to: Forest Service, East Side Acquisition Team (ESAT)

Attn: Lisa Rakich

420 Barrett Street

Dillon, MT 59725

E-mail: lrakich@fs.fed.us

For solicitation questions call Lisa Rakich at (406) 683-3968

CARBARYL TREE SPRAYING SERVICES

Dillon, Wisdom, and Pintler Ranger Districts

Beaverhead, Deerlodge, and Granite Counties, Montana.

SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION

METHOD

of

MEAS.

PAY

UNIT

*EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

1.1

Lodgepole

Campground

AQ

Per

Tree

1.2 Philipsburg Bay

1.3 Cable Creek

1.4 May Creek

1.5 Twin Lakes

1.6 Miner Lakes

1.7 Reservoir Lake

1.8 Rainbow Bay

Picnic Area

1.9 Steel Creek

1.10 Spring Hill

Total Estimated Number of Trees to be Sprayed = 15,562

**TOTAL PRICE: $ ______________

Price quotation furnished by:

Name Phone ( )

Address FAX ( )

E-mail

DUNS # ______________________________________

DESIGNATED METHOD OF MEASUREMENT

AQ = Actual Quantity

Special Notes:

1. The offeror must submit an offer for all items. Round to the nearest cent.

2. In the event of an error in extending the total price, unit prices will govern unless otherwise determined by the Contracting Officer.

3. Quantities are estimated. Payment will be made for Actual Quantity of sprayed and accepted trees according to contract specifications.

4. If total price exceeds available government funding, a reduction in the quantity of trees to be sprayed shall occur and not all items will be awarded.

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Scope of Contract: The purpose of this contract is to secure services for Carbaryl insecticide application on up to 15,562 designated trees in specific recreation sites across the Dillon, Wisdom, and Pintler Ranger

Districts of the Beaverhead-Deerlodge National Forest, to provide protection from mountain pine beetle.

The Contractor shall furnish all labor, equipment, supervision, transportation, supplies and incidentals necessary to perform all work required, including the appropriate mix of Carbaryl insecticide. The contractor must have a current Montana forest pest applicator license at time of award.

Project Location: Specific site locations are identified on the attached project maps listed in Section J.

Access via Forest Service roads and trails; some portions within campgrounds are paved. Long distance travel is required between some spray items.

Work shall be performed in the following Beaverhead-Deerlodge National Forest Campgrounds:

Dillon Ranger District

Reservoir Lake Campground

Wisdom Ranger District

May Creek Campground

Steel Creek Campground

Miner Lakes Campground

Twin Lakes Campground

Pintler Ranger District

Spring Hill Campground

Cable Creek Campground

Lodgepole Campground

Philipsburg Bay Campground

Rainbow Bay Picnic Area

GENERAL SPECIFICATIONS

Environmental and Other Conditions: Spraying will only be conducted when wind speed is consistently less than 6 mph. If an event of wind occurs consistently at or above 6 mph after 12 pm, spraying shall cease until the following work day. At least four hours of drying time is needed for the insecticide to adhere to the tree bark. Spraying must be done when bark is dry (Contractor shall follow label directions for application). If root collars are wet after a rain or snow event, spraying shall cease until the following work day. No application will occur when temperature is below 40 degrees Fahrenheit.

Contractor Furnished Property: The Contractor shall furnish all insecticide, supplies and equipment necessary to complete the work. The Contractor’s equipment and insecticide shall meet the following minimum requirements:

The hose on the Contractor’s spray rig shall be capable of reaching at least 300 feet to allow the contractor to reach all trees designated for spray while keeping vehicles and spray rig on developed roads and campground pads.

The applicator must use a hydraulic power sprayer with a minimum operating PSI (pounds per square inch) of 500. (A PSI of 550 is preferred, if available.) The nozzle shall be a washer nozzle with a #10 orifice.

Arrangements will be made to inspect equipment prior to commencement of work.

The Carbaryl insecticide product must be new or one that has been properly stored for no more than one year from date of purchase.

The Contractor is to furnish equipment needed to draft water for use from available sources, including backflow prevention devices in order to prevent contamination. A draft hose can be used to retrieve water from sources but the hoses will be required to be attached to a 3/32 inch screen. Ideally, water for mixing would be pumped from non-fish bearing sources to eliminate any chance for entrainment or impingement of juvenile fish. Containers must be located 300 feet from water sources when mixing.

All items have a water source (identified by the COR) within eight miles of each spray site, usually closer.

A sticking agent for use in mixing with emulsifiable concentrate Carbaryl solutions (i.e., Sevin XLR, Carbaryl 4L, Carbaryl 4f, and Carbaryl SL shall be used. Do not use wettable powders.

PH meter and additives necessary to obtain the required PH of 7 (some water sources on the Beaverhead-

Deerlodge National Forest are 8+).

Contractor Requirements – License/Permits: All insecticide applications shall be performed by, or directly supervised by a Montana licensed applicator. The applicator(s) and/or supervisor shall have a current and valid Montana State Forest Pest Pesticide Applicator’s License.

SUPPLEMENTAL SPECIFICATIONS/ADDITIONAL INFORMATION

Designated Trees: Trees to be sprayed are all lodgepole pine with a dbh of between 6” and 36”. To assist the quoter in determining the amount of chemical needed, the average dbh of trees in these items is listed as follows:

Recreation Site Average Diameter at Breast Height

(dbh) for Site

Reservoir Lake Campground 10.2”

May Creek Campground 10.0”

Steel Creek Campground 9.3”

Twin Lakes Campground 11.2”

Miner Lakes Campground 10.2”

Spring Hill Campground 8.6”

Cable Creek Campground 9.2”

Lodgepole Campground 9.4”

Philipsburg Bay Campground 10.5”

Rainbow Bay Picnic Area 13.4”

To further aid the quoter in determining the amount of chemical needed per individual tree, see the

Required Level of Application paragraph below and the attachment in appendix J4. The calculations in appendix J4 will be used during the inspection process.

Trees to be sprayed will be designated with a paint mark at the base of the tree and/or flagging prior to the time of operations. Paint and/or flagging color will be disclosed at the Post Award conference. If trees have been flagged, the contractor will remove the flagging just before each individual tree is to be sprayed and dispose of said flagging properly. Sprayed trees shall be recorded by a Government inspector. Copies of the Contractors’ daily application logs shall be submitted to the COR prior to final invoice.

Timing and Personnel Restrictions: Spraying in campgrounds will occur midweek (Monday through

Thursday) so areas may be opened on weekends. No spraying shall occur in campgrounds between Friday, July 1, 2016 and Monday, July 4, 2016. Due to Government restrictions, work shall only be allowed to be performed for 12 continuous hours during days of operation. Coordination between the Contractor, Forest

Service, and campground concessionaires will be necessary and discussed during the Post Award conference for working outside these restrictions.

The Forest Service can only accommodate 5 sprayers per day.

Access to Designated Trees: Contractor shall be required to keep the spray vehicle on established campground roads. All designated trees will be within 300 feet of an established road within the campgrounds.

Chemical Formulation/Rate of Application: A formulation of Carbaryl shall be used. It shall be registered for mountain pine beetle and be properly formulated and applied, following all label directions for mountain pine beetle applications. One of the following insecticides will be used for this treatment:

Carbaryl 4L, Carbaryl 4F, Carbaryl SL or Sevin XLR with an added sticking agent. The insecticide shall be liquid concentrate. The application rate to be applied is specified on the label for bark beetle insecticide treatments and on the calculation sheet attached in appendix J4.

Required Level of Application: All bole surfaces, including the root collar, must be treated with insecticide. The applicator cannot choose to ignore a particular face of a tree due to a heavy component of tree branches on one or more bole faces. The applicator will have to move around the bole face to ensure thorough coverage of all bole faces. No more than 4 trees shall be sprayed from a single static location to guarantee complete coverage. Insecticide must be applied just to the point of runoff to ensure all bark crevices, bark flaps and the root collar are thoroughly treated. All bark surfaces where beetles may enter the tree must be treated with insecticide. Tree boles must be treated to a minimum spray height of 45 feet or to the point where the top bole diameter is 4”.

The Contractor shall be in compliance with all applicable OSHA and EPA manufacturer’s directions, Montana State and federal requirements for handling insecticides, including storage, transportation, application and cleanup of spills.

Riparian Area Protection: No Carbaryl spraying shall occur within 75 feet of any live water, including streams, creeks, rivers, or lakes.

Protection of Improvements: Contractor shall cover all improvements including picnic tables, fire rings and pits, water hydrants, latrine doors, signs, campsite indicator markers, handrails, horse troughs and railings, garbage container lids and handles, fee tubes and bear-proof containers in all campsite areas within

100’ of sprayer to prevent chemical from contacting and adhering to these surfaces. Spraying shall not commence until these items are covered. Conversely, coverings shall not be taken off until exposure of the covered items to the chemical is gone, as in dripping from trees or being blown in from wetted trees. If chemical gets on improvements, contractor is responsible to make sure the improvements are cleaned off.

EMERGENCY SPILL PLANNING/RESPONSE

Emergency Spill Planning: Pesticide spills, incidents, and accidents are addressed in Chapter 60 of Forest

Service Handbook (FSH) 2109.14 – Pesticide Use Management and Coordination. The Handbook is available for review at U.S. Forest Service offices.

Definitions of Key Terms:

Hazardous Material: An umbrella term that includes pesticides and all other hazardous chemicals, hazardous wastes, hazardous substances and oil.

Spills on Land: An emergency spill is defined as a release of a hazardous material or petroleum product in amounts greater than normal consumer quantities (25 gallons for petroleum products and 5 gallons for pesticides products – either concentrated or mixed) and must be reported.

Spills on Water: All chemical and petroleum product spills that have entered or threaten to enter water bodies are an emergency spill and must be reported. A sheen on water caused by a spill would constitute an emergency.

Required Spill Response Equipment: Spill response equipment will be available in the immediate vicinity of all pesticide application operations, on vehicles used to transport pesticides and/or where spills are most likely to occur. Recommended spill kit contents include the following, however, modifications to spill kit may be made to consider site conditions and logistical considerations:

1. Rubber gloves

2. Rubber boots

3. Coveralls or rain suit

4. Safety glasses/goggles

5. Shovel and/or broom

6. Polyethylene or plastic bags with ties or bucket(s)

7. 10-30 lbs. absorbent substance or absorbent pads

Material Safety Data Sheets and pesticide labels will be reviewed and carried with all personnel involved in the handling of pesticides.

Roles and Responsibilities: The Contractor shall immediately notify Contracting Officer if an emergency

Hazardous Material Spill occurs. The information that should be reported is outlined in the ‘Spill

Information and Reporting Form’ – (to be provided at the post award conference). Additionally, it is the

Contractor’s duty to contact the appropriate state and county emergency response personnel and to satisfy any related reporting requirements. All clean-up costs associated with the hazardous material spill will be the Contractor’s responsibility.

Spill Response Plan: A spill plan shall be formulated and supplied at the post award meeting.

BIOBASED PRODUCTS

1) The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of

2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and

Transportation Management,” and the Federal Acquisition Regulation to provide bio-based products.

a) The Contractor shall utilize products and material made from bio-based materials (e.g., bio-based greases, bio-based hydraulic fluids, and bio-based 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 Representative (COR).

b) Bio-based products that are designated for preferred procurement under USDA’s Bio-

Preferred program must meet the required minimum bio-based content as stated in the USDA

Final Rule available at www.biopreferred.gov.

c) The Contractor should provide data for their bio-based products such as bio-based content.

The product categories list can be found at http://www.biopreferred.gov/ProductCategories.aspx. In addition to bio-based, preference should be given to cleaning products that meet the following Green Seal Standards: GS-37 for

Commercial and Institutional Cleaners for those product categories covered by this Standard and GS-34 for Degreasers.

(http://www.greenseal.org/FindGreenSealProductsandServices.aspx?vid=ViewProductDetail

&cid=0&sid=23)

*Note Many cleaning products found in the Bio-Preferred catalog also meet Green Seal specifications. The Contractor is encouraged to use all bio-based products.

d) The Contractor shall submit with the initial proposal a complete list of bio-based products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract known as the

Bio-based Plan.

e) Additionally, the awarded Contractor; on each anniversary date of the contract shall compile a complete list of bio-based products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

f) The Contractor shall comply with the provision at FAR 52.223-1, Bio-based Product

Certification.

g) The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of

Bio-based Products Under Service and Construction Contracts.

h) The Bio-based Plan must be reviewed and updated annually, and as required by the COR. The

Plan must contain and define the following elements:

i) The Contractor’s written policy stating its commitment to the use of bio-based products, employee health and safety, and sound environmental management practices.

j) Detail on how the Contractor intends to keep abreast of the development and increasing availability of bio-based products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

k) Proposed bio-based custodial products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

*NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

l) The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of bio-based products; proper maintenance of equipment;

and other procedures/instructions to accomplish work under this contract.

m) The Contractor shall provide data on the quantity and dollar values of bio-based products used in this contract. The data will be submitted to the COR quarterly.

n) A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some bio-based products that may function differently than a conventional product. Therefore we will look for a Contractor who will 1) demonstrate products, and 2) when selected, offer any necessary training to all of the construction staff and 3) be available with technical assistance to trouble shoot problems.

http://www.biopreferred.gov/ http://www.biopreferred.gov/ProductCategories.aspx http://www.greenseal.org/FindGreenSealProductsandServices.aspx?vid=ViewProductDetail&cid=0&sid=23 http://www.greenseal.org/FindGreenSealProductsandServices.aspx?vid=ViewProductDetail&cid=0&sid=23

INVOICING & PAYMENTS

All payments are processed using The Invoice Processing Platform (IPP). 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.

The IPP Customer Support Desk is available to assist users Monday through Friday (excluding

Federal holidays) from 8 a.m. to 6 p.m. ET, to answer questions related to accessing IPP or completing the registration process. Their toll-free number is 1-866-973-3131 or they can be reached at IPPCustomerSupport@fms.treas.gov. If you have any additional questions or concerns, please contact the Controller Operations Division Help Desk at 1-877-243-3072 or cod.help@usda.gov.

CONTRACT CLAUSES

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): http://farsite.hill.af.mil/

52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2015)

52.212-4 - Contract Terms and Conditions—Commercial Items.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2015) (IAW

FAR 12.301(b)(4))

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014).

(2) 52.233-3, Protest After Award (Aug 1996)(31 U.S.C 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and

108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep

2006), with Alternate I (Oct 1995)(41 U.S.C. 4704 and 10

U.S.C. 2402).

__ __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr

2010) (41 U.S.C. 3509).

__ __ (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of

Pub. L. 111-5). (Applies to contracts funded by the American

Recovery and Reinvestment Act of 2009.)

__ __ (4) 52.204-10, Reporting Executive Compensation and First-Tier http://farsite.hill.af.mil/

Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C.

6101 note).

(5) [Reserved]

__X__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub.

L. 111-117, section 743 of Div. C).

__ __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-

Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ __ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment (Aug 2013) (31 U.S.C. 6101 note).

__ __ (9) 52.209-9, Updates of Publicly Available Information Regarding

Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

____ (10) [Reserved}

__ __ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award

(Nov 2011)(15 U.S.C. 657a).

__ (11) (ii) Alternate I (Nov 2011) of 52.219-3.

__ __ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone

Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C.

657a).

__ (12) (ii) Alternate I (Jan 2011) of 52.219-4.

(13) [Reserved]

__X__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15

U.S.C. 644).

__ __ (14) (ii) Alternate I (Nov 2011).

__ __ (14) (iii) Alternate II (Nov 2011).

__ __ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June

2003)(15 U.S.C. 644).

__ __ (15) (ii) Alternate I (Oct 1995) of 52.219-7.

__ __ (15) (iii) Alternate II (Mar 2004) of 52.219-7.

__ __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15

U.S.C. 637(d)(2) and (3)).

__ __ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014)(15 U.S.C.

637(d)(4

__ __ (17) (ii) Alternate I (Oct 2001) of 52.219-9.

__ __ (17) (iii) Alternate II (Oct 2001) of 52.219-9.

__ __ (17) (iv) Alternate III (Oct 2014) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C.

644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011)(15 U.S.C.

637(a)(14)).

__ __ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15

U.S.C. 637(d)(4)(F)(i)).

__ __ (21) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small

Business Set-Aside (Nov 2011)(15 U.S.C. 657 f).

__ X __ (22) 52.219-28, Post Award Small Business Program Re-representation (Jul

2013) (15 U.S.C. 632(a)(2)).

(g) If the Contractor does not have representations and certifications in

SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following re-representation and submit it to the contracting office, along with the contract number and the date on which the re-representation was completed:

The Contractor represents that it ___ is, ___ is not a small business concern under NAICS Code 115310 assigned to contract number

AG-0356-C-16-_____________________________.

Contractor signature and date

Authorized signer's name and title

__ __ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged

Women-Owned Small Business (EDWOSB) Concerns (Jul

2013) (1 U.S.C. 637(m)).

__ __ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business

(WOSB) Concerns Eligible Under the WOSB Program (Jul

2013) (15 U.S.C. 637(m)).

__X__ (25) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

__X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies

(Jan 2014)(E.O. 13126).

__X __ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__X __ (28) 52.222-26, Equal Opportunity (Apr 2015)(E.O. 11246).

__X__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C.

4212).

__X__ (30) 52.222-36, Equal Opportunity For Workers with Disabilities (Jul

2014)(29 U.S.C. 793).

__ __ (31) 52.222-37, Employment Reports on Veterans (Jul 2014)(38 U.S.C.

4212).

__ __ (32) 52.222-40, Notification of Employee Rights Under the National Labor relations Act (Dec 2010) E.O. 13496).

__X __ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22

U.S.C. chapter 78 and E.O. 13627).

__ __ (33) (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and

E.O. 13627).

__ __ (34) 52.222-54, Employment Eligibility Verification (Aug 2013).

(Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ __ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for

EPA-Designated Items (May 2008)(42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ _ (35) (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

(Not applicable to the acquisition of commercially available off-the-shelf items.)

__ _ (36) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment

(Jun 2014) (E.O.s 13423 and 13514).

__ _ (36) (ii) Alternate I (Jun 2014) of 52.223-13.

__ _ (37) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun

2014) (E.O.s 13423 and 13514).

__ _ (37) (ii) Alternate I (Jun 2014) of 52.223-14.

__ __ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec

2007) (42.U.S.C. 8259b).

__ __ (39) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer

Products (Jun 2014) (E.O.s 13423 and 13514).

__ _ (39) (ii) Alternate I (Jun 2014) of 52.223-16.

__X __ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging

While Driving (Aug 2011)(E.O.13513).

__X__ (41) 52.225-1, Buy American--Supplies (May 2014)(41 U.S.C. chapter 83).

__ __ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act

(May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19

U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

__ _ (42) (ii) Alternate I (May 2014) of 52.225-3.

__ _ (42) (iii) Alternate II (May 2014) of 52.225-3.

__ _ (42) (iv) Alternate III (May 2014) of 52.225-3.

__ __ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19

U.S.C. 3301 note).

__ X __ (44) 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008)(E.O.s, proclamations, and statutes administered by the Office of

Foreign Assets Control of the Department of Treasury).

__ __ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the

National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

__ __ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov

2007)(42 U.S.C. 5150).

__ __ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or

Emergency Area (Nov 2007)(42 U.S.C. 5150).

__ __ (48) 52.232-29, Terms for financing of Purchases of Commercial Items

(Feb 2002)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41

U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award

Management (Jul 2013)(31.U.S.C. 3332).

__ __ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013)(31.U.S.C. 3332).

__ __ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

__ __ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial

Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C.

2631).

__ _ (54) (ii) Alternate I (Apr 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.]

__ X __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.

13495).

__ X __ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C.

chapter 67).

__ X __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014)

(29 U.S.C. 206 and 41 U.S.C. chapter 67).

This Statement is for Information Only: It is not a Wage Determination

Employee Class

0462 – Forestry Technician GS 4 Step 1 $13.84/ Hour

__X__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor

Standards--Price Adjustment (Multiple Year and Option

Contracts) (May 2014)(29 U.S.C. 206 and 41 U.S.C. chapter

67).

__X__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor

Standards - Price Adjustment (May 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

__ __ (6) 52.222-51, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C.

chapter 67).

__ __ (7) 52.222-53, Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services—Requirements

(May 2014)(41 U.S.C. chapter 67).

__X__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec

2014)(E. O. 13658).

__ __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792).

__ __ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

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

Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

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

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs

(e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow

Down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xi) __X __ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

__ __(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements

(May 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E. O.

13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May

2014) (42 U.S.C. 1792). Flow down required in accordance with paragraphs (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.222-99 Establishing a Minimum Wage for Contractors (DEVIATION) (OCT 2014) This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated

February 12, 2014, and OMB Policy Memorandum M-14-09, Implementation of the President’s Executive

Order Establishing a Minimum Wage for Contractors, dated June 12, 2014.

(a) Each service employee, laborer, or mechanic employed in the United States (the 50 states and the

District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive

Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour.

(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of

Labor’s annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order

13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.

(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.

(d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service

Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate

Requirements (Construction) statute (formerly known as the Davis Bacon Act).

(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.

(End of clause)

52.223-2 Affirmative Procurement of Bio-based Products Under Service and Construction Contracts.

(SEP 2013)

52.242-17 Government Delay of Work. (APR 1984)

452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate

Applicants. ALT 1 (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L.

No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that is –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 and 434.

(End of Clause)

INSPECTION AND ACCEPTANCE

52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

Quality Assurance

The Government will inspect spray operations to verify compliance with specifications.

Inspections will consist of five parts:

1. Observation of mixing of the spray solution.

2. Periodic pH testing of spray solution.

3. Visual observation of application of spray and tally of sprayed trees.

4. Inspection of individual trees to ensure adequate coverage (thorough coverage of all bark surfaces to the point of runoff up to the proper height).

5. Amount of chemical mix used per tank, per number of trees.

Inspection Procedures: Inspection will be done concurrently with spray operations in such a way as to not interfere with contract operations. Inspectors will observe and tally each tree being sprayed. Individual tree inspections will be performed as follows:

1. A visual inspection will be performed whenever mixing chemical to ensure proper mixture and quality of chemical.

2. When a new water source is introduced or conditions change, the pH level shall be tested.

3. All trees being sprayed will be visually observed to ensure that all sides of each tree bole are being covered thoroughly and to the appropriate height of 45’ or to the 4-inch top diameter, whichever is less. Each tree will be tallied when complete.

4. To ensure spray is reaching the proper application height or diameter and coverage of the tree, a minimum of one (1) tree per 25 treated trees will be measured. A visual as well as a hands-on inspection, which will entail digging around the root collar and peeling off bark to ensure the tree has been thoroughly covered with insecticide on all sides of the tree bole, will be conducted.

5. Sprayed trees shall be counted per tank to determine amount of mix used per tree, per tank, to check compliance of application rates to the chemical label and the calculation in section.

If inspection determines a tree has not been sprayed according to specifications, the tree shall be re-sprayed at no extra cost to the Government.

Acceptance: If the inspection determines a tree has not been sprayed according to specifications, the tree shall be re-sprayed. Final acceptance of work performed will be based on the Government’s inspection results, including tree tally numbers, which will be considered conclusive. If inspections indicate tree(s) have not been sprayed in accordance with contract specifications, no payment will be made for that/those tree(s) until contract specifications are met. The Contractor, or a designated representative, is encouraged to observe the Government’s inspections while they are underway.

52.253-1 Computer Generated Forms. (JAN 1991)

452.211-70 Brand Name or Equal. (NOV 1996)

(a) If items called for by this solicitation have been identified by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Offers of "equal" products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the offer (see clause 452.211-71) and are determined by the Contracting

Officer to meet fully the salient characteristics requirements listed in the solicitation.

(b) Unless the offeror clearly indicates in its offer that it is offering an "equal" product, the offeror shall be considered as offering the brand name product(s) referenced in the solicitation.

(c)(1) If the offeror proposes to furnish an "equal" product or products, the brand name(s), if any, and any other required information about the product(s) to be furnished shall be inserted in the space provided in the solicitation. The evaluation of offers and the determination as to the equality of the product(s) offered shall be the responsibility of the Government and will be based on information furnished by the offeror or identified in its offer as well as other information reasonably available to the contracting activity. Caution to offerors: The contracting activity is not responsible for locating or securing any information which is not identified in the offer and is not reasonably available to the contracting activity. Accordingly, to assure that sufficient information is available, the offeror must furnish as a part of its offer all descriptive material

(such as cuts, illustrations, drawings, or other information) necessary for the contracting activity to

(i) determine whether the product offered meets the salient characteristics requirement of the solicitation, and (ii) establish exactly what the offeror proposes to furnish and what the Government would be binding itself to purchase by making an award. The information furnished may include specific reference to information previously furnished or to information otherwise available to the contracting activity.

(2) If an offeror proposes to modify a product so as to make it conform to the requirements of the solicitation, the offer shall include (i) a clear description of such proposed modifications and (ii) clearly marked descriptive material to show the proposed modifications.

(End of Provision)452.211-71 Equal Products Offered. (NOV 1996)

(a) Offerors proposing to furnish an "equal" product, in accordance with the "Brand Name or Equal" provision of this solicitation, shall provide the following information for each offered "equal" product:

Contract Line Item Number (if any): ____All_________________________

Brand Name or Equal Product identified by the Government in this solicitation: Carbaryl, Sevin

Offered Product Name: ___________________________________________

Catalog Description or part number: _________________________________

Manufacturer's Name: ____________________________________________

Manufacturer's Address: __________________________________________

(b) Offerors are responsible for submitting all additional information on the above product necessary for the

Contracting Officer to determine whether the product offered meets the "brand name or equal" product's salient characteristics listed in the solicitation.

452.211-72 Statement of Work/Specifications. (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications.

452.211-74 Period of Performance. (FEB 1988) The period of performance of this contract is from June 13, 2016 through October 6, 2016 this includes two separate performance periods. (Spring and Fall)

CONTRACT ADMINISTRATION DATA

452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled at a date TBD by the

COR after contract award.

452.228-71 Insurance Coverage. (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

Policies covering automobiles operated in the United States shall provide coverage of at least

$200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

SPECIAL CONTRACT REQUIREMENTS

Noxious Weeds

All equipment, material, and vehicles to be used in the performance of the contract shall be cleaned and inspected for noxious weeds/seeds prior to entrance onto Federal lands. Inspection times/locations will be coordinated at the post award conference.

452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Supervisor with a current and valid Montana State Forest Pest Pesticide Applicator’s License.

(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 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…