AG-0398-S-09-0006 Gallatin NF Weeds RFP Retain.pdf

SOLICITATION, OFFER AND AWARD 1.THIS CONTRACT IS A RATED ORDER RATING PAGE OF

UNDER DPAS (15 CFR 700) 1 49 PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE

SEALED BID (IFB) NUMBER

AG-0398-S-09-0006 NEGOTIATED (RFP) March 30, 2009

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7) Eastside Acquisition Team for Gallatin National Forest Eastside Acquisition Team, Helena National Forest

2880 Skyway Drive, Helena, Mt. 596002 NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and 2 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in Supervisor’s Office, Helena National Forest until April 29,. 2009 local time 4:00 p.m. MDST

RETAIN THIS COPY FOR YOUR RECORDS (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION A. NAME B. TELEPHONE NO. (NO COLLECT

CALLS)Area Code/Number/Extension C. E-MAIL ADDRESS

CALL: Cindy Christophersen, Contracting Officer 406-495-3719 cchristophersen@fs.fed.us

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 19-27

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2-4 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 5-12 X J LIST OF ATTACHMENTS 28

X D PACKAGING AND MARKING 13 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E

INSPECTION AND ACCEPTANCE 14 K REPRESENTATIONS, CERTIFICATIONS AND

X F DELIVERIES OR PERFORMANCE 15

X

OTHER STATEMENTS OF OFFERORS

40-46

X G CONTRACT ADMINISTRATION DATA 16 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 47-48

X SPECIAL CONTRACT REQUIREMENTS 17-18 X M EVALUATION FACTORS FOR AWARD 49

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS (See Section I, Clause No. 52-232-8) XX % XX % XX % XX %

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated):

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN 15A.

NAME AND

ADDRESS

OF OFFEROR

OFFER (Type or Print)

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER 15B. TELEPHONE NO. (Include area code and extension)

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE

18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

10 U.S.C. 2304 (c) ( ) 41 U.S.C. 253(c) ( ) (4 copies unless otherwise specified)

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

(Signature of Contracting Officer) IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV.9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

AG-0398-S-09-0006

Gallatin National Forest Weed Spraying

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

B.1 Period of Award:

B.1.1 Base year = is from time of award through December 31, 2009 B.1.2 Option year 1 = January 1, 2010 through December 31, 2010 B.1.3 Option year 2 = January 1, 2011 through December 31, 2011

B.2 SPECIAL NOTE: YOU MUST PROVIDE A QUOTE FOR THE BASE YEAR, OPTION YEAR 1 AND

OPTION YEAR 2 FOR AN ITEM NO. (e.g. B.3.2. must have base year, option year 1 and option year filled in). If you do not provide a quote for each item, your quote may not receive consideration. You do not need to submit a quote for all types of equipment listed under a zone.

B.2.2 East Zone of the Gallatin National Forest is comprised of the Big Timber Ranger District, Livingston

Ranger District and Gardiner Ranger District.

B.2.3 West Zone of the Gallatin National Forest is comprised of the Bozeman Ranger District and Hebgen lake Ranger District.

B. 3 Schedule for Services – East Zone

Item No. Description - Type of Treatment Price per acre

For Base Year Price per acre For Option Year 1

Price per acre For Option Year 2

B.3.1 Truck or Tractor Spraying B.3.2 ATV or UTV Spraying B.3.3 Backpack or Pack Animal Spraying

B.3.4 Capacity to complete the work: FOLLOWING INFORMATION MUST BE PROVIDED

List Equipment/Personnel-may attach additional sheet if needed. Please include the following information that is applicable: number available/make/model/year/capabilities (gallons of water carrying capacity), indicate if equipment has a boom sprayer, availability to treat weeds during peak season (June and July).

Truck/tractor:___________________________________________________________________________

ATV/UTV: _____________________________________________________________________________

Backpack apparatus: _____________________________________________________________________

Backpack Personnel: ____________________________________________________________________

Pack Animals: __________________________________________________________________________

B.4 Schedule for Services – West Zone

Item No.

Description – Type of Treatment Price per acre For Base Year

Price per acre For Option Year 1

Price per acre For Option Year 2

B.4.1 Truck or Tractor Spraying B.4.2 Off-road Truck & Tractor Spraying B.4.3 ATV or UTV Spraying B.4.4 Backpack Spraying Only B.4.5 Backpack or Pack Animal Spraying

B.4.6 Capacity to complete the work: FOLLOWING INFORMATION MUST BE PROVIDED.

List Equipment/Personnel-may attach additional sheet if needed. Please include the following information that is applicable: number available/make/model/year/capabilities (gallons of water carrying capacity), indicate if equipment has a boom sprayer, availability to treat weeds during peak season (June and July).

Truck/tractor:___________________________________________________________________________

Off-road Truck/tractor: ___________________________________________________________________

ATV/UTV: _____________________________________________________________________________

Backpack apparatus: _____________________________________________________________________

Backpack Personnel: ____________________________________________________________________

Pack Animals: __________________________________________________________________________

Weed Spraying

B.5 AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $2,500, but not in excess of $500,000.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

This contract requires herbicide application. The work to be performed by the contractor includes: a) providing, mixing and applying the specified herbicide to the target weed(s), and b) completing and submitting Forest Service provided application records and a simple map showing where treatment occurred in compliance with its terms, specifications, and provisions. The contractor shall furnish all materials, chemicals, equipment, labor, supervision, transportation, operating supplies and incidentals necessary to safely apply herbicides that are registered in the state of Montana, using ground-operated spraying apparatus, in strict compliance with the herbicide labels. The Forest Service will pay for the herbicides, surfactants, and dyes used by the contractor.

Each year contractors will be issued task orders and maps directing them to spray weeds in various places across the Forest. Task orders will include the following information at a minimum: list bid item(s) included; number of acres for each bid; list start and end date; list any timing restrictions (i.e., no spraying on weekends or holidays); list where warning signs need to be posted and when to remove; areas to avoid (i.e., sensitive plants, amphibians, animal trapping sites, wells and city water diversions); suggested water sources; recommended access routes; procedures for gaining access behind locked gates and permission for working on roads with travel restrictions. When the work is complete and accepted, the contractors will then be paid based on their bids provided in the B.3 and B.4 above and the Government acre estimates. The Government will reimburse the contractor for herbicides used, based on the cost that the contractor paid for the herbicides, as documented with a copy of the receipt

C.2 LOCATION

C.2.1 EAST ZONE is comprised of the Big Timber Ranger District, Livingston Ranger District and Gardiner Ranger District on the Gallatin National Forest.

Location Specifics: Estimates of acres sprayed each year are estimates only.

Big Timber - Roadside Truck or Tractor Spraying: We anticipate treating 0-50 acres of roadside spraying annually. Travel time to the work site is 30 to 60 minutes drive from the Big Timber Ranger District office. Species common in this area are spotted knapweed, sulfur cinquefoil, Canada thistle, leafy spurge, musk thistle, and houndstongue.

Big Timber - ATV or UTV Spraying: We anticipate treating 0 to 50 acres annually. Travel time to the work site is 30 to 60 minutes drive from the Big Timber office. Same weed species as listed for roadside.

Big Timber - Backpack or Pack Animal Spraying: We anticipate treating 0 to 100 acres per year. Travel time to the work site is 30 to 60 minutes drive from the Big Timber office. Same weed species as listed above.

Livingston - Truck, Tractor or ATV Spraying: Travel time from the Livingston office is less than one hour. We estimate spraying between 150 and 350 acres per year.

Livingston – Backpack Spraying or Pack Animal Spraying: These areas are less than ¼ mile walk from a road, near water and usually in wilderness areas. We anticipate treating between 5 and 200 acres per year. Travel time from the Livingston District office and the work sit is less than one hour.

Gardiner Ranger District : We anticipate having 0-100 acres per year and mostly truck or tractor within one hour of the District office in Gardiner.

C.2.2 WEST ZONE is comprised of the Bozeman Ranger District and Hebgen Lake Ranger District of the

Gallatin National Forest.

Location Specifics: Estimates of acres sprayed each year are estimates only .

Bozeman - Roadside Truck and Tractor Spraying: Over 90 percent of the weed spraying on the Bozeman District is along roadsides. We anticipate treating 200-400 acres of roadside spraying annually. Travel times to roadside truck and tractor work sites vary from one half to two hours from the District office.

Bozeman - Off-road Truck, Tractor or ATV Spraying: There are hundreds of acres of weeds occurring in rangelands accessible by 4-wheel drive trucks and tractors. Range allotments in the northeast Bridger Mountains and on the east side of the Bangtail Mountains, old horse pastures in Gallatin Canyon at Indian Ridge Trailhead and Durnam Meadows, Shenango Work Center, and sagebush flats in Gallatin Canyon will be the focus of off–road spraying. Slopes vary between 5 and 35 percent with most slopes being about 10-20 percent. We anticipate trying to complete 250-500 acres annually. Some broadcast spraying may be required, but infestation levels are typically light to moderate. Durnam Meadows in Gallatin Canyon is an exception. Portions of this area have ½ to 3 acre patches with heavy infestations of yellow toadflax and oxeye daisy.

A few off-road sites can be accessed by pulling 100-300 feet of hose from an existing road to the weed patch.

Bozeman - ATV and UTV: There are several motorized trails in the Bridger Mountains north of Bozeman and in the Bangtail Mountain northeast of Bozeman. We anticipate treating less than 30 acres total spread over a handful of sites.

Bozeman – Backpack Only: Backpack only includes areas too steep to access by motorized equipment, or a pack animal. These are typically a short walk less than ¼ mile but some of the sites are very steep and rocky on slopes in excess of 70 percent. We anticipate treating 5 to 25 acres every years. These sites will be treated in year one and then retreated in year three. Most of these sites were sprayed in 2007 and 2008. Travel times to these roads are about 1-2 hours.

Bozeman – Backpack or Pack Animal: A significant part of the District weed program includes spraying about 50 to 100 acres of decommissioned roads not accessible to motorized equipment. Travel times to these roads are about 1-2 hours. Some of the roads are 1-2 miles long and water is not always readily available for refilling backpacks. Weeds are typically very scattered and concentrated on the road surface with a few dense patches of houndstongue, Canada thistle or spotted knapweed 30-50 feet in diameter. Decommissioned roads will be targeted for spraying each year. Decommissioned roads will be retreated either each year for 3 years or year one then again in year two or three.

Hebgen Lake - Truck, Tractor or ATV Spraying: . Includes both roadside and off road areas Travel times and weed densities fluctuate. Travel times to the work sites vary from one half to one hour, from the Hebgen Lake Ranger District Office. Roadsides will be retreated every two to three years. We anticipate treating 100 to 300 acres per year

Hebgen Lake - Backpack Only: We anticipate treating 10 to 50 acres per year. Most of these sites were sprayed in 2007 and 2008. Weed density is low and scattered over the entire areas. Walking distance is less than 1,000 feet from a road. The sites are less than one hours drive to the work site from the District Office.

C.3 TECHNICAL SPECIFICATIONS

C.3.1 Description of Treatment Types

C.3.1.1 Road Right-of-way spraying with vehicle – Roadside spraying is defined as 35 feet either side of the centerline; one mile of roadside spraying is equal to 8.5 acres. Annual acres to treat are estimates only and will vary with available funding. If possible, roads will be retreated every two to three years.

Weeds are often found every few feet along roads, and it is unusual to have stretches of roads longer than 100 feet with large infestations. These areas may require the use of broadcast spraying in small areas to achieve an effective treatment. Many roadsides are nearly weed-free and will only need spot spraying. While most weeds are found on the road edge, it is not unusual to have to pull hose off the main road surface to spray cut and fill-slopes.

Riparian areas frequently are adjacent to the roads and it will require switching to different herbicides, which are labeled for aquatic use. For this contract, Tordon cannot be used within 50 feet of the high water mark. Other herbicides and surfactants need to comply with the label direction regarding the use and distance to water.

The roadside spraying scheduled for herbicide treatment consists of both maintained and unmaintained, gravel and dirt system roads. The cut and fill slopes vary from slight to steep.

Some roads have restricted seasonal vehicle access or yearlong vehicle closures. The contractor will receive authorization to treat weeds behind these closures with vehicles as needed. The contractor may be asked to time treatment to avoid conflicts with other users in particular treatment areas.

Weed infestation levels vary from light to moderate to heavy in the treatment areas depending on aspect, elevation, canopy cover. Weeds will be found on cut and fill slopes, along the road edge and, in the case of unmaintained roads, within the roadbed and centerline.

C.3.1.2 Off Road Motorized – These treatment areas tend to be meadows, gravel pits, or terraces; and are accessible by a truck, tractor, or ATV.

C.3.1.3. OHV – Off Highway Vehicles only (such as an ATV or UTV) will treat weeds in areas with physical limitations (width of trail, rocks, slopes too steep for truck), travel restriction, or other resource concerns. Weed infestations to be treated range from widely scattered to dense patches in meadows near riparian areas. When treating weeds on trails using an ATV, trails will be sprayed 35 feet either side of the trail and one mile of trail equals 8.5 acres of spraying.

Annual acres to treat are estimates only and will vary with available funding.

Weed Spraying

C.3.1.4 Non-Motorized – Backpack or horse spraying includes treatment of areas that are too steep to access by motorized equipment or where motorized vehicle use is not acceptable. These are typically a short walk less than ¼ mile, and some of the sites are very steep and rocky on slopes in excess of 40 percent. Water is usually less than ¼ mile from the site.

C.3.1.5 Backpack spray only – These treatment areas are steep rugged terrain that is not accessible to pack stock but within two miles of a road that cannot be driven by a truck.

C.3.2 Herbicide Treatment Standards

C.3.2.1 The contractor shall treat all of the target species in the table below with an appropriate herbicide at an effective rate. The Forest Service will approve which herbicide(s) and concentration rates are used on each site, prior to application.

Weed species known to exist on the Forest

New Invader Species - Currently not on the Forest, but treat and report if found scentless chamomile (Anthemis arvensis) golden chamomile (Anthemis tinctoria) common burdock (Arctium minus) hoary alyssum (Berteroa incana) spotted knapweed (Centaurea maculosa) diffuse knapweed (Centaurea diffusa) Russian knapweed (Centaurea repens) plumeless thistle (Carduus acanthoides) white top (Cardaria draba) nodding or musk thistle (Cardus nutans) bull thistle (Cirsium valgare) Canada thistle (Cirsium arvense) poison hemlock (Conium maculatum) field bindweed (Convolvulus arvensis) houndstongue (Cynoglossum officinale) leafy spurge (Euphorbia esula) orange hawkweed (Hieracium aurantiacum) meadow hawkweed (Hieracium piloselloides / pratense/ et al) St. Johnswort (Hypericum perforatum) field scabiosa (Knautia arvensis) Dalmatian toadflax (Linaria dalmatica) yellow toadflax (Linaria vulgaris) oxeye daisy (Chrysanthemum leucanthemem) sulfur cinquefoil (Potentilla recta) tall buttercup (Ranunculus acris) common tansy (Tanacetum vulgare) common mullein (Verbascum spp.)

Blueweed (Echium vulgare) Dyers woad (Isatis tinctoria) Japanese knotweed (Polgonum cuspidatum) Perennial pepperweed (Lepidium latifolium) Rush skeletonweed (Chondrilla juncea) Tansy ragwort (Senecio jacobaea) Yellow starthistle (Centaurea solstitalis) Meadow knapweed (Centaurea pratensis)

C.3.2.2 At a minimum, 80% of the weeds treated and acreage claimed will show mortality or physical signs of herbicide treatment such as wilting, curling or discoloration. Contract inspections will allow sufficient time for target plants to exhibit herbicide effects. If treatments are less than 80% effective, then the contractor shall re-treat the area (and will not be paid for the second application), but the FS will pay for the additional herbicides.

During fall applications, treatment effectiveness cannot always be determined and follow-up inspections may be needed the next spring before final acceptance of the unit can be attained. The contractor will receive 90% payment after the fall application. Upon inspection the following spring, if the unit is accepted the remaining 10% maybe invoiced. But if it determined that effectiveness is less than 80%, the contractor shall be required to return and re-treat the area (and will not be paid for the second application), but the FS will pay for the additional herbicides. At the completion of the retreatment, the contractor may invoice for the remaining 10%.

C.3.2.3. Avoid broadcast herbicide application (use spot treatment instead) where target species occur only sporadically in a dominant cover of non-target plants.

C.3.2.4 Avoid herbicide injury to trees and other woody species.

C.3.2.5. The choice of herbicide and surfactants is up to the Contractor, however, its use is subject to prior approval by the Government.

C.3.2.6 Carrier - Water shall be used as a carrier and the contractor needs to supply. The Forest Service will help to identify possible sources of water.

C.3.2.7 Dye/Marker: A water-based dye or other approved color marking system will be used at the direction of the Forest Service to further identify target species and area that have been sprayed. Dye amount in the herbicide must be visible on the sprayed sites for a minimum of 24 hours after application.

C.3.2.8. Treatments areas often require changing herbicide to meet the requirements and restrictions of the product labels, to be effective on the weeds present, to be respond to different site conditions and to minimize damage to non-target vegetation. Do not use Tordon within 50 feet of water or sub-irrigated land, only use herbicides and surfactant approved for aquatic use in these areas.

C.3.2.9 Off-road treatment may be by ATV (or similar low psi vehicle), stock or backpack sprayer.

Treatment method will not create any new permanent wheeled tracks in the soil. Treatment activity and techniques will not contribute to measurable or noticeable erosion, extensive or intensive (localized) soil disturbance or long term physical damage to desirable vegetation.

C.3.3 Monitoring and Record Keeping Requirements for Herbicide Treatments

C.3.3.1 Federal and State laws require record keeping for all applications of pesticides on public lands.

The Contractor shall provide complete, accurate, and detailed records throughout the duration of the contract and provide the Government with legible, readable copies of such records on Forest Service provided forms (attached) see Section J.

C.3.3.2 Upon completion of each project or unit of work on the contract, and prior to or accompanying each invoice, the Contractor shall provide the Government with a individual herbicide application records (complete one form for each day, and each unique area as shown on the maps from the task order, and for each type of herbicide mixture used) and a map showing where the herbicide record pertains to. At a minimum, the contractor can draw on maps provided by the Government and write the date treatment occurred on the map.

C.3.3.3 The Contractor will notify the COR within 48 hours of discovery and record GPS locations of all new invader weed species (as identified on weed list above).

C.3.3.4 If new weed patches are found and not on the Government provided maps, the Contractor needs to negotiate with the Contracting Officer prior to treatment of any area not listed in the Task Order. The contractor shall not spray any area not specifically identified in the Task Order without direction of the Contracting Officer.

C.3.4 Certification and Personnel Requirements

The Contractor performing herbicide mixing or application operations under this contract must meet the State of Montana certification and application requirements for the use and application of Restricted Use herbicides and must hold a current Montana Commercial Pesticide Applicators License. Personnel employed by the Contractor must be briefed and trained in application and safety techniques. Personnel employed by the Contractor must be under the direct supervision of a licensed applicator at all times on the National Forest.

The contractor will show adequate proof of insurance coverage.

C.3.5 Safety Requirements and General Provisions

C.3.5.1 A pumping system may be used to fill the spray mixing and spray application tanks provided it will avoid contamination of wells, springs, streams, lakes, and ponds used as a water source. The system shall be so constructed that a back flow from the mixing or application tanks will not be possible if the pump loses prime.

C.3.5.2 Herbicide pouring and mixing operations will not occur within 150 feet of any open water source.

C.3.5.3 Signs will be posted at access points of heavily used recreation areas (as identified on the individual task orders) to let the general public avoid herbicides. List the date of treatment, the re-entry period, the herbicide used, and a name and phone number of who to call for more information.

C.3.5.4 Spray drift shall be avoided. Do not spray when winds exceed 10 miles per hour.

C.3.5.5 No spraying shall be done inside ditches containing water unless it is within the labeled use of the particular herbicide being used.

C.3.5.6 Spraying shall not occur while it is raining or snowing. The Contractor shall take all reasonable precautions to avoid spraying if it appears that precipitation sufficient to wash herbicide(s) off target species or into open water may occur within 2 hours after herbicide application or as cautioned by the herbicide label.

C.3.5.7 Buffer strips may be designated by the Forest Service during operations to protect rare plants (50 feet), amphibian (50 feet) or water influenced areas (100 ft from potable water development, and ½ mile municipal water divergent point). No spraying shall occur within these designated buffer strips.

C.3.5.8 When spraying herbicide to the waters edge, spray with your back to the water. Spray away from the water, not towards it.

C.3.5.9 The Contractor shall insure that containers or tanks used for herbicide application are not washed out within 150 feet of open water: springs, ditches, streams, ponds, or lakes. The contractor will follow all State, Federal and label regulations involving rinsing and washing procedures.

C.3.5.10 No ester formulation of herbicides used to reduce fish toxicity concern.

C.3.5.11 The Forest Service is not responsible for the safety of the Contractor nor any operators or assistants. The Contractor shall provide and maintain work procedures which will safeguard the public and Government personnel, as well as the Contractor’s own personnel. The Contractor shall be expected to use reasonable safety procedures and equipment while operating on National Forest lands.

C.3.5.12 The Contractor and all application personnel are required to review, understand, and follow the herbicide label recommendations, requirements, precautions, and prohibitions.

C.3.5.13 The Contractor shall carry and have within easy access during all spraying operations, a label and MSDS for the herbicides being used.

C.3.5.14 The Contractor will remove all herbicide containers from the National Forest and dispose of them in accordance with all local, state and federal requirements.

C.3.5.15 All equipment will be in good mechanical condition and will be inspected prior to work. The spray pattern, application rates and calibration shall be checked before beginning the job and at least once during the project or more frequently if deemed necessary by the Forest Service. The contractor will inspect equipment daily for leaks and suspend operations until all leaks are repaired.

C.3.5.16 Herbicides shall be transported daily to the project site as follows: Transport, as closely as possible, only the estimated quantity needed for that day’s work; transport concentrate containers only in a manner that will prevent spills; and transport herbicides and additives in a compartment that is isolated from food, clothing and safety equipment.

C.3.5.17 Herbicide application operations will not occur when any one of the following conditions exist in a treatment area:

1. Wind velocity exceeds ten (10) miles per hour.

2. Relative Humidity readings are less than 20% and /or temperature greater than

80 degrees.

3. Frost, snow, or ice covers target plants.

4. Emergency closures such as Fire Restrictions.

5. When in non-compliance with the contract provisions

C.3.5.18 The Gallatin NF Spill Plan is attached in Section J. of this package. Compliance with this plan is mandatory. All spray operations and herbicide transport vehicles will have an adequate spill containment and cleanup materials and equipment. Operators will be trained in responding to and dealing with any spills of herbicide.

C.3.5.19 The contractor will keep spray rigs and equipment appearing neat, professional and organized.

Dye stains on the rigs, tanks, and employee clothing will be kept to a minimum by regular cleaning. It is important to project a professional image and to demonstrate that the herbicide applications are performed carefully, professionally and without spillage.

C.3.5.20 The contractor will apprise the COR or Inspector of the spray operation location plans on a weekly basis.

C.3.5.21 Roads popular with recreationists, outside of hunting season, will not be treated with herbicides on, Saturday, Sunday or holidays. These will be identified by the Forest Service in each project area (task order).

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

E.2 Treatment Area Inspection

The Contracting Officer Representative or designated Inspectors will inspect the treatment sites within 10 days of being notified by the Contractor that the areas are ready for inspection. Enough time needs to lapse between the treatment and the inspection for the plants to develop signs of herbicide damage (wilting, color change, or stunted growth) which is usually 2 to 3 weeks. Areas treated in late fall will not show herbicide effects until the following summer, by June 30th. The work for a task order will not be accepted until 80 percent of the weeds show sign of herbicide damage.

http://www.arnet.gov/far/

Weed Spraying

SECTION F--DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

F.2 AGAR 452.211-75 Effective Period of Contract (FEB 1988)

The effective period of this contract is from date of contract award through December 31, 2011. This contract will consist of a base year, contract award date through December 31, 2009 and two one-year option periods.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled at an agreed upon date between the Contractor, Contracting Officer and Contracting Officer’s Representative and at an agreed upon location prior to beginning work on the first task order.

G.2 GOVERNMENT-FURNISHED PROPERTY

There is no government furnished property.

G.3 CONTRACTOR INVOICING FOR HERBICIDE, SURFACTANTS AND DYES.

The Contractor shall submit with their invoice a copy of the paid invoice from their supplier of the herbicide, surfactant and/or dye indicating the cost of each product. The supplier’s invoice will determine the rate at which the Contractor will be reimbursed for products used on this contract. The supplier’s invoice must contain supplier’s name, address, must indicate kind, price per unit, number of units and be dated. The contractor’s invoice shall indicate the quantities of each herbicide, surfactant and/or dye that was used on each unit. The Contractor’s invoice for herbicides used must be submitted at the same time as the invoice for acres treated.

G.4 ORDERING OFFICIALS

Any warranted Contracting Officer assigned to the Eastside Acquisition Team, Region One, is hereby authorized to issue task orders so long as the project area is within the boundaries of a covered unit of the contract.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACTOR REQUIRED LICENSE/PERMITS/ABILITIES

H.1.1 BEFORE work may begin on this project, the contractor SHALL provide the documentation required in this section prior to beginning work or the contract may be terminated for cause in accordance with 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)

1. A valid Restricted Use pesticide license from the State of Montana.

2. Proof of Worker’s Compensation Coverage or Contractor’s Exemption Certificate

3. Must have an approved Spill Plan, which includes a spill containment plan and equipment necessary to contain a spill as listed in Section J.

4. A copy of the State of Montana - Daily Pesticide Application Records.

H.1.2 All contractor personnel must have the ability to recognize all of the weed species on the Montana Statewide noxious weed list in all their stages of development, Category I-III and listed under C.3.2.1 These consist primarily of, but are not limited to, houndstongue, spotted and diffuse knapweed, Canada thistle, common tansy, sulfur cinquefoil, St. Johnswort, oxeye daisy, leafy spurge, and Dalmatian and common toadflax

H.2 Task Order Award and Administration

The Issuing Contracting Officer will award the Task Order which will included additional specification including:

H.2.1 Location H.2.2 Herbicide H.2.3 Application Method H.2.4 Performance Period H.2.5 Contracting Officer’s Representative for project information

Contract performance evaluations are required on every Task Order issued.

H.3 Weed Control

To mitigate the spread of noxious weeds, all equipment entering the site shall be cleaned thoroughly. Equipment will be inspected by the Contracting Officer's Representative prior to entrance onto Federal lands. Equipment shall proceed directly to the job site following the inspection.

H.4 Camping

Camping near or on the project site may or may not be allowed. It is the discretion of the district, where the project is located, to approve camping sites prior to moving in any equipment or supplies. Campsites and camping methods shall follow all applicable public camping provisions set forth by the Gallatin National Forest.

Camping Information on these provisions may be obtained by telephoning the district where each the project is located. The Contractor must have written approval for camping.

Use of developed Forest Service campgrounds and other high use areas will not be allowed during the term of the contract.

Camping under this contract may be limited to 14 days in some locations, and is subject to availability of a suitable site. The Contractor must get written approval from the Government to camp in one location longer than 14 days.

The Contractor shall comply with Forest Service and local fire and sanitary regulations; including, but not limited to: (1) clearing combustible material as directed by the Contracting Officer; (2) having a five gallon backpack pump with water and a shovel at the camp; (3) maintaining the camp in a neat and orderly condition. Inspections performed by the Government for the work required by this contract will include periodic inspections of approved campsites.

H.5 Food Storage Order

The Gallatin National Forest special order #07-11-00-01 requires all attractants (feed, refuse or attractants) to be acceptably stored (either inside a hard sided vehicle or hung 10 feet heigh and 4 feet horizontal). For more detail and definition of terms refer to the special order as attached in Section J.

H.6 Pollution and Erosion Control

During all operations under this contract, the Contractor shall exercise reasonable measures to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes, from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be stored, collected, and disposed of in a sanitary and nuisance-free manner.

During all of the work, the Contractor shall make every reasonable effort to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to minimize soil erosion and water pollution.

H.7 Emergency Response

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

( c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES-Fixed Price clause, FAR 52.243-1.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008) 52.215-2 Audit and Records -- Negotiation (JUN 1999) 52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-14 Limitations on Subcontracting (DEC 1996) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible

Veterans (SEP 2006) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans (SEP 2006) 52.222-41 Service Contract Act of 1965, as Amended (JUL 2005) 52.222-43 Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (NOV 2006) 52.222-44 Fair Labor Standards Act and Service Contract Act--Price Adjustment (FEB 2002) 52.222-50 Combating Trafficking in Persons (SEP 2007) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) http://www.usda.gov/procurement/policy/agar.html

Weed Spraying

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-1 Payments (APR 84) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-9 Limitation on Withholding of Payments (APR 1984) 52.232-11 Extras (APR 1984) 52.232-17 Interest (OCT 2008) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-25 Prompt Payment (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.242-13 Bankruptcy (JUL 1995) 52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984) 52.244-6 Subcontracts for Commercial Items (DEC 2008) 52.245-1 Property Records (JUN 2007) 52.246-25 Limitation of Liability—Services (FEB 1997) 52.248-1 Value Engineering (FEB 2000) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004) 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) 452.237-75 Restrictions Against Disclosure (FEB 1988)

I.2 52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

Weed Spraying

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

http://fedgov.dnb.com/webform

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database.

Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

Weed Spraying

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

I.3 52.222-39 Notification Of Employee Rights Concerning Payment Of Union Dues Or Fees (Dec 2004)

(a) Definition. As used in this clause-

"United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees.