RFQ_BRD_Cut_Surface_Herbicide.doc

Service RFQ

AG-24H8-S-17-0027

Cut Service Herbicide Treatment

REQUEST FOR QUOTATION

PAGE OF PAGES

UNDER BDSA REG. 2

AND/OR DMS REG. 1

FOB DESTINATION

FORMCHECKBOX

OTHER (See Schedule)

K.C. Morrison 814-728-6243

a. NAME OF CONSIGNEE

29 FOREST SERVICE DRIVE

BRADFORD

11. SCHEDULE (Include applicable Federal, State and local taxes)

CUT SURFACE HERBICIDE APPLICATION

ALLEGHENY NATIONAL FOREST

BRADFORD RANGER DISTRICT

Enter pricing on schedule of items in section B, pages 2-3

12. DISCOUNT FOR PROMPT PAYMENT

are not attached.

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

2017 BRADFORD CUT SURFACE TREATMENT

BRADFORD RANGER DISTRICT, ALLEGHENY NATIONAL FOREST

AREA

PRICE

BID TOTAL

AMOUNT

Bidder's Notes:

a. Award under this solicitation shall be to obtain the best value for the Government and, accordingly, shall consider both price and other factors (EG. 1) Past Performance, which includes quality, timeliness, cost control, business practices, customer (end user) satisfaction, and 2) experience. Bidder is required to complete information sheets attached to the Solicitation Copy.

b. There is no “Show-me” trip scheduled for this project, prospective bidders are “strongly encouraged” to view the sites themselves to make their own estimate on the amount of work needed. Additional technical information or assistance with locating the specific project areas may be obtained by contacting Kevin Wiltsie at the Bradford Ranger District Office, Bradford, PA. Office hours 8:00-4:00 Monday – Friday. Office phone number: 814-363-6042.

c. VARIATION IN QUANTITY: Although the quantities listed in the schedule are the Government’s best estimate of the acreage to be treated quantities may vary plus or minus 10% with no increase or decrease in unit pricing.

If the quantity varies more than 10% above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 110% or below 90% of the estimated quantity. No increase in time will be allowed.

d. All employees working on this contract shall have the ability to identify common trees to northwestern Pennsylvania. There must also be a Pennsylvania certified pesticide applicator on site at all times during the implementation of this contract.

e. This is a Performance Based service Contract. Please note Quality Assurance Plan (QASP) in Section E.

f. No award can be made to a contractor who is not registered in the System for Award Management (SAM). www.sam.gov.

g. No award can be made to a contractor who does not currently hold a pesticide applicators business license with the Commonwealth of Pennsylvania.

h. Award will be made to one contractor. You must submit pricing for all items.

Contractor Acceptance Statement: By signing the offer, the Contractor agrees to all terms, conditions, and provisions included in the solicitation and agrees to furnish any awarded items at the price set in the schedule unless otherwise excepted as follows: _______________________________________________________________.

(Vendor Name) (Date)

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

DIVISION 100 – GENERAL SPECIFICATIONS

110 – Scope of Contract The intent of this solicitation and any resulting contract is to conduct treatment of midstory American beech and black birch on 189 acres within the Allegheny National Forest (ANF). Treatments will be conducted using protocols established by the U.S. Forest Service. The treatment consists of felling American beech and black birch stems that are in the 5- 12 inch DBH (diameter at breast height = 4.5 feet up from the ground) range and subsequently applying herbicide to the stumps using contractor furnished equipment.

The herbicide solution will consist of a 50/50 mix of Rodeo® (glyphosate) and water with an EPA approved blue dye. The solution will contain 26.9% glyphosate.

111- Identification of Project Unit boundaries are marked by “pink” ribbon/flagging, unless otherwise noted by the COR.

Units will be identified by pink cards with Project name “2017 BRD CUT STUMP” & six digit Unit # identified, see example below. All cards will be read, ensured they are at the correct location and initialed by the Contractor or Contractor’s Representative prior to starting work in the unit. This is to ensure that contractor is at correct unit.

Example of pink project identification card in which contractors must sign to acknowledge they are at correct unit prior to start of project work:

112 – Safety

It is the contractor’s responsibility to ensure that the work environment is safe for themselves as well as their employees. If the contractor feels that a requirement of this contract would place them, or their employees, in an unsafe environment, operations should cease and the contractor should contact the COR immediately. Work on other areas of the contract that the contractor does not view as unsafe shall continue.

The contractor is required to follow all applicable OSHA standards (CFR 29) while working on the job site. In addition, the successful contractor and employees are required to wear and use the following personal protective safety equipment/clothing to include a hardhat, leg and foot protection, ear protection, eye protection and hand protection while working the project area.The contractor must keep the Government representative informed regarding current site work, and must be especially alert to vehicular traffic during field operations.

120 – Description and Location

121 – The areas to be cut and sprayed are located on the Bradford Ranger

District of the Allegheny National Forest in McKean County. Project areas may be reached by Forest Roads that are accessible by standard pickup. The Contractor is responsible for any damage caused by their operations.

All project areas are located on open FS roads and should not require signing out a key; however, if conditioins change a key can be signed out with the Contracting Officer’s Representative (COR).

122 –

Unit 450016 is approximately 40 acres and is located on the West side of FR 267. You will be able to drive to the unit. Slope is approximately 0-20%.

Unit 460042A is approximately 18 acres and is located on the East and North side FR477. You will be able to drive to the unit. Slope is approximately 0-

5%.

Unit 460042B is approximately 28 acres and is located on the East side of FR477. You will be able to drive to the unit. Slope is approximately 0-5%.

Unit 460058 is approximately 18 acres and is located on the West side of FR479. You will be able to drive to the unit. Slope is approximately 0-5%.

Unit 472004 is approximately 22 acres and is located on the West side of

Pine Run Rd. You will be able to drive to the unit. Slope is approximately

10-20%.

Unit 472006 is approximately 14 acres and is located on the West side of

Pine Run Rd (west of unit 427004) You will be able to drive to the unit.

Slope is approximately 10-20%

Unit 472017 is approximately 32 acres and is located on the North side of FR

313. You will be able to drive to the unit boundary. Slope is approximately 0-

15%.

Unit 472037 is approximately 17 acres and is located on the Southwest side of FR 313. You can drive to the unit boudary. Slope is approximately 0-10%.

123 – The general location of and access to each unit will be shown on a project area vicinity maps which will be attached to the contract as a pdf’s. Detailed unit specific maps will be made available to the successful bidder at the pre-work meeting.

124 –The target of this application is to reduce mid-story interference while also controlling stump and root sprouting in American beech. American beech trees from 5 to 12 inches (DBH) will be felled and treated with a 50% soltuion of Rodeo® and dye. There are a few units which will have additonial black birch trees to be felled and treated within the same diameter range. See the attached Workplan Table under Section III Attachments to see unit specific instructions.

130 – Contractor Furnished Property, Services, Responsibilities and Obligations

The contractor shall furnish all equipment, labor, materials, water, herbicide (RODEO®), transportation, supervision, and incidentals necessary to fell trees and apply herbicide in accordance with this contract.

131 – Expertise - The contractor needs to have ability and experience to operate tools/machinery for felling and treating stems. They must also possess the ability to identify common Northwestern Pennsylvania tree species (specifically

American beech and black birch).

132 – Certification – The contractor shall have a representative on the site to supervise the mixing, loading, and application of herbicide who holds a current pesticide use applicator license in the Commonwealth of Pennsylvania for forest pest control (Category 05 in PA).

133 – Project Supervisor – The Contractor shall designate in writing one person on the job to act as the Project Supervisor, representing the company in all contractual matters that require prompt attention. This person should be familiar with all equipment being used and shall attend any pre-work meetings.

Before starting each day’s operations, this person shall coordinate all activities between the Government and the Contractor including, but not limited to, logistics, equipment use, and daily plans and schedules. The project supervisor shall notify the COR early in the day (by 8 AM) where he/she plans to work that day, or when he/she does not plan to work.

134- Contractor Supplied Sprayers, Brushcutters and/or, Chainsaws – As specified in contractor’s proposal.

135 – Flagging – If flagging is used by the contractor, they shall use only biodegradable or photodegradable flagging.

140 – Forest Service Furnished Property, Services, Responsibilities and Obligations 141 – PROVIDED by the Forest Service

1. Treatment Area Maps: Maps depicting location of treatment sites (See Attached Vicinity Maps).

2. Project Workplan Table, which will provide detailed unit specific information

3. Treatment Site Reporting Form: Form to be completed by contractor for each day of treatment which includes site conditions and treatment information (Attached)

4. Herbicide Treatment Notification Signs (Provided by the COR at the prework meeting.)

142 – REQUIRED by the Forest Service

1. Completed Treatment Site Reporting Forms (Attached). A signed copy by the contractor will be provided to the COR for each day of treatment within 10 calendar days of the completed treatment site.

2. Contractor will provide the entire herbicide label and/or a copy of the label from the herbicide containers used. (Label information of interest includes the EPA registration number and EPA Establishment number (factory where it was produced).

Division 200 will be split into TWO parts:

200.1 will address the tree felling/cutting portion of the contract.

200.2 will address the herbicide application portion of the contract.

DIVISION 200.1 - TECHNICAL SPECIFICATIONS FOR TREE CUTTING

SPECIES REQUIRING TREATMENT

201.1- Vegetation to be Retained: The following desirable species are to be protected: Red oak, white oak and other oak, yellow poplar, cucumber tree, white ash, red maple, sugar maple, black cherry, basswood, all hickory species, butternut, American chestnut, black walnut, red pine, white pine, and hemlock. Care shall be taken to not damage or cut Desirable Species.

Boundary trees are not to be felled unless specified by the COR. Project area boundary trees are flagged with pink flagging.

202.1- Vegetation to be cut:

1) Beech: All live beech from 5.0 to 12.0 inches in diameter at a point 4.5 feet (breast height - dbh) above the ground shall be felled and completely severed from the stump.

2) Birch: All live birch from 5.0 to 12.0 inches in diameter at a point 4.5 feet (breast height-dbh) above the ground shall be felled and completely severed from the stump.

210.1 - STUMP REQUIREMENTS

Stump heights shall be a maximum of 6 inches, unless designated in writing by the COR.

Stumps will be cut in a manner which result in a flat (parallel with the ground) surface.

Angular stump cuts will not be allowed. (The stumps must be flat to ensure that the herbicide remains on the stump surface and does not run off.)

All sawdust must be removed from the stump prior to herbicide application.

230.1 – SPECIAL REQUIREMENTS

231.1 - Only live trees will between 5.0 and 12.0 inches DBH will be cut; all snags encountered will be retained unless they are a hazard to contractor safety.

232.1 - Lodged (hung up trees) shall be pulled or cut down to meet slash disposal requirements as discussed in section 240, 241 & 242.

240.1 - SLASH DISPOSAL

All stands will be treated without lopping, except stand 472004. Felled slash shall be removed 10 feet from recreational trail and private land. Felled slash shall be removed from pipelines, powerlines, well openings, ditch lines, maintenance trails, fence maintenance trails, fences, stream courses, seep, forest roads, oil/gas roads and historic railroad grades unless otherwise approved by the COR.

There may be stands in the contract where the slash disposal may exceed 10 feet. All of these stands will be identified prior to bid and listed on the attached Work Plan Table.

241.1 – Slash disposal without lopping –

Slash shall be placed on or near the ground surface, so that it will not lean against or be suspended by an uncut tree or deer fencing. Do not pile cut trees or brush on top of desirable trees.

All preferred species trees will be released from all slash so they are standing straight up on their own.

242.1– Slash disposal with Lopping – (Unit 472004) All slash shall be pulled back 50 feet from Pine Run Rd. Slash shall be lopped/ cut down to within three feet of the ground surface for an additonal 50 feet. ( A total of 100 feet of lopping.)

All preferred species trees will be released from all slash so they are standing straight up on their own.

No slash shall be left hanging in trees and will be laid horizontal to the ground to within three feet of the ground.

250.1 - PROTECTION, USE, AND MAINTENANCE OF IMPROVEMENTS

Cut trees shall be felled away from pipelines, oil, gas and mineral development, wells, power lines, trails, fences, survey monuments, roads, streams, and any other improvements designated by the COR. If such improvements are damaged by Contractor's Operations, Contractor shall restore them to conditions existing prior to damage.

270.1 – RESERVE AREAS

Reserve Areas are areas within the stands that are uncut. These areas will be designated with “pink” flagging. No trees shall be cut within these reserve areas.

DIVISION 200.2 - TECHNICAL SPECIFICATIONS FOR HERBICIDE APPLICATION

210.2 – HERBICIDE

A 50% Rodeo®(Glyphosate) and water solution with an EPA approved dye will be applied to all beech and birch stumps within one hour of the tree being felled. The requirements listed below.

211.2 – The contractor shall furnish the required quantities of glyphosate herbicide to complete the required contract units. ( RODEO® is the mandatory brand to be used).

212.2 – The Rodeo® will be mixed to a 50% solution with water. This will result in an herbicide solution containing 26.9% active ingredient Glyphosate.

213.2 -- Water shall be obtained from approved domestic water systems, or other approved fresh water sources. The COR may approve, on occasion, water drafting zones to supplement domestic water hauled to the treatment areas, if it is convenient to application operations and the COR approves the drafting site prior to drafting.

The Allegheny National Forest reserves the right to reject any water drafting zones it regards as unsuitable. Any water supply must be approved by the Forest Service, have no visible suspended sediments, and water hardness not to exceed 60 mg. per liter.

214.2 --Additives other than an EPA approved water soluble dye may not be used.

220.2– APPLICATION RATE

221.2 --Glyphosate (Rodeo®) shall be applied to the flat cut surface of the stump within one hour of the tree being felled. The outer two inches of the stump surface shall be treated with the herbicide solution.

It has been studied that 3.5 ml of solution per inch of stump diameter will be enough to wet the outer 2 inch band around the perimeter of the stump (Kochenderfer). The table below (Table 221.2) shows how much solution shall be applied to a stump based off the inches in diamter. I have included diameters outside the DBH range that is listed in

Section 201.1, as the application will occur at the stump, not at 4.5 feet.

Table 221.2 Required milliliters (ml) of solution per inch of stump diameter.

222.2 -- The maximum application rate for a cut surface application on the Allegheny

National Forest shall not exceed 3.0 lbs. per acre of active ingredient (Glyphosate).

The “typical” application amount should be near 2.0 lbs. per acre of active ingredient.

The Rodeo® label states that there is 5.4 lbs. of active ingredient (Glyphosate) per gallon.

Below is a table that was developed to show the maximum number of stems per acre that can be treated by diameter class to ensure application is under 3.0 lbs. per acre of active ingredient. This table was developed using the application rate information from Table 221.2.

Table 222.2 Maximum Number of Stems per acre that can be treated by diameter class.

treated per acre

**This table is meant to serve as a rough guide. In the forested setting, you will have a wide range of diameters spread across an acre of ground. All sites have been managed in the past, and we do not anticipate the application to near the maximum level of 3.0 lbs. per acre.

230.2 – PERFORMANCE REQUIREMENTS

A variety of low volume spray equipment can be used for this contract; however the equipment used must be able to be calibrated to ensure there is minimal overspray, yet quality application to the stump surface. Hand spray bottles, or a backpack sprayer with a low volume wand are preferred.

231.2 --Equipment Calibration and Spray Characterization. The Contractor shall be required to calibrate to the specified application rate as shown in Table 231.2 The contractor must ensure that the spray system has no leaks, and does not have excessive dripping from the nozzles.

232.2 --Mixing – Sites selected for mixing, loading, and cleaning of equipment shall be located so as to prevent contaminating streams, ponds, or spring seeps. The

Forest Service will approve all such locations.

233.2 -- Prior to herbicide application on the ANF, the contractor shall ensure all tanks and application equipment are clean of residual herbicide or material from other applications.

240.2 -- APPPLICATION

Forest Service personnel have flagged spray area boundaries with pink flagging. In accordance with the Forest Service Environmental Impact Statement the following procedures are required:

241.2 –Before beginning a treatment area, the applicator must contact the COR or designated FS inspector, to let them know what site they will be working on that day.

242.2- A government inspector will be on site during application on and off throughout the day.

243.2 --Seeded roads, landings, or gravel pits will not be treated with herbicides.

250 – APPPLICATION BUFFERS

251.2 --Buffer areas or places where spraying is not permitted will be identified by the

COR or FS inspector prior to beginning a unit. The boundaries of these buffer areas have been flagged in pink.

The minimum required buffer distances for water quality are as follows:

A - 10 feet wide along each side of perennial streams, impoundments, seeps, springs, or intermittent streams flowing water the day of spraying.

B - 10 feet wide along each side of dry intermittent streams, dry springs, and dry seeps.

C - 10 feet wide around wet areas (standing water), including vernal ponds, having no defined outlet.

**Most of the units in the contract were laid out for broadcast herbicide in 2014 with 25 foot water buffers. The buffers were kept intact under this contract.

252.2 -- There are areas within the project area that may contain “healthy beech”.

A “healthy beech” is defined as an American beech that is greater than 8” in DBH that exhibits resistance to the beech bark disease complex. It should be free of scale and show no signs of cankers or rot. It is thought that these trees may be resistant to Beech bark disease and they are in the process of being studied. The Allegheny Forest Plan standards, require no treatment shall be administered within 30 feet of a healthy beech stem. These areas/stems have been identified by the Forest Service in the field and are designated on the map. If the contractor encounters a healthy beech that is not reserved, they must not apply herbicide within 30 feet of the healthy stem and notify the COR of the location of the beech tree.

260 – WEATHER CONDITIONS

Spraying operations shall not occur when rain is anticipated within 4 hours at the spray area.

As this treatment is a spot treatment and herbicide is applied within inches of the target, wind and air turbulence will not be considered as a limiting weather condition.

Re-spray for Unexpected Rain – The Contractor may be required to re-spray any area or portion of an area treated where rain falls within 4 hours of the time of treatment.

The contractor will not receive payment for areas in which rainfall occurred within 1 hour of treatment for this re-spray at the calculated per acre rate for the area within which the re-spray occurs, using the unit bid price and the acreage specified in the

Schedule of Items section of this contact.

270 - Records

The Contractor shall maintain an accurate record of the herbicide used on each area.

The attached stand data sheet and treatment reporting form must be completed by the contractor and will be supplied to the Government following the completion of each unit.

A copy of the Stand Data Sheet and Treatment Reporting Form is attached to the contract.

290 – Accidents, Incidents, and Spills

The contractor shall report all accidents or incidents associated with this contract to the COR/CO within 24 hours. This report shall contain description, cause, and future actions contemplated to avoid future occurrences.

291-- “Accidents”, as used throughout this contract shall mean destruction or substantial damage to equipment or service truck, and minor, serious, or fatal injury to personnel.

292 -- Incidents, as used throughout this contract shall mean any mishap, malfunction, or situation involving equipment or personnel, which results in a deviation from standard procedures or has the potential of resulting in an accident, injury, or death.

293 -- Herbicide Spills. The Contractor must have a spill prevention and clean-up plan approved by the COR prior to July 1st. Herbicide wasted through spills greater than 5 gallons of diluted product, or 1 quart of undiluted product must be reported to the COR and the appropriate state and federal agencies.

294 -- Security – The Contractor shall be responsible for the security of all herbicide, equipment, and materials furnished for this project.

295 -- Herbicide and Container Disposal. Contractor shall dispose of any excess herbicide and used herbicide containers in accordance with the label.

PROGRESSION OF WORK

A contractor will only work on one Item/ Area at a time unless they have two complete crews, then they can work on a second Item/ Area after informing COR. Work has to be completed before leaving each Item/ Area and going to the next Item/ Area.

Items/ Areas can be identified, by COR, as priority and must be completed first in order to meet Forest objectives.

DIVISION 300 – MEASUREMENT AND PAYMENT

310 – Measurement

Acreage is determined by a survey using GPS/GIS satellite mapping. This measurement shall be utilized for payment purposes, unless the actual acreage on the ground for a given area varies by more than 10% from the estimated acreage for that unit, as described below in Specification 320.

320 – Suspected errors in measurements

If the contractor requests a re-measurement of any area and the results of the re-

Measurement show that the acreage is more than 10% different from original measurement, the Government will pay at the unit price for the number of acres shown on the re-measurement and the cost of the re-measurement itself. If, however, the re-measurement shows the acreage to be within the 10% allowable variation, payment will be made for the original acreage for that unit and the contractor will pay for the cost of the re-measurement. The Forest Service will determine the method of re-measurement. The Forest Service will perform all re-measurements.

330 – Inclusions

The acreages shown in the work plan Table have not been reduced to account for

Inclusions of 1 acre or less which are unsuitable for spraying due to topography, soil conditions, standing water, or buffer strips. Though some of these inclusions exist within the project areas, no reduction will be made in the contract payment to account for them. All areas within units will be treated except for designated reserve areas.

340 – Payment

Payment will be made at the contract unit price for each area that is acceptably felled and sprayed with herbicide, with no accidents or herbicide spills that require reporting to the Contracting Officer. Payments will be processed at least monthly.

AGAR 452.211-73 Attachments To Statement Of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

C.1 Sustainable Acquisitions

The Contractor shall comply with FAR Part 23 Sustainable Acquisition Policy and all associated laws, rules, regulations, and executive orders referenced therein. Contracts that include the supply of products and for the acquisition of services (including construction) that include the supply of products, require that the products provided are—

(1) Energy-efficient (ENERGY STAR® or Federal Energy Management Program (FEMP)-designated); (applicable if FAR Clause 52.223-15 is included)

(2) Water-efficient; (applicable if FAR Clause 52.223-15 is included)

(3) Biobased; (applicable if FAR Clause 52.223-2 is included)

(4) Environmentally preferable (e.g., EPEAT®-registered, or non-toxic or less toxic alternatives); (applicable if FAR Clause 52.223-13,14, or 16 are included)

(5) Non-ozone depleting; (applicable if FAR clause 52.223-11,12,20, or 21 are included), and/or

(6) Made with recovered materials (EPA-Designated products) (applicable if FAR clause 52.223-9 or 17 is included).

(b) The required products in the contract actions for services include products that are—

(1) Delivered to the Government during performance;

(2) Acquired by the contractor for use in performing services at a Federally-controlled facility; or

(3) Furnished by the contractor for use by the Government.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984)

PERFORMANCE-BASED SERVICE CONTRACT (PBSC) REQUIREMENTS

QUALITY ASSURANCE – PERFORMANCE BASED DISINCENTIVES

Performance Work Statement – Contractor The Contractor shall perform all cut surface work in accordance with the specifications contained in this contract.

Quality Assurance - Performance Based Program Performance based program apply to the Government’s inspections for contract compliance. Contract extensions are not eligible for performance based program unless covered under the Excusable Delays Clause listed in Section I of the contract clauses.

The Government will conduct compliance inspections on a minimum of 10% of the acres in each area that Contractor has reported as completed to specifications. Plots to check compliance will be randomly placed in the areas to be inspected by the Government inspector.

These performance-based surveys apply only to initial inspections; areas that have previously been rejected and corrected do not fall into this population.

Disincentive

If a Contractor has to be sent back to an Item/Area (that the Contractor has asked for final inspection) to fix work that was not done to the contract specifications a second time, there will be a deduction 3% from the payment for that Item/Area. With each following return to the Item/Area to fix the work will add-on an extra 2% deduction to the final payment of that Item/Area.

If the Contractor does not meet the time outline in Section F, there will be a deduction of 3% from the unfinished acres payment. An additional 2% deduction will occur for each additional week that the required work is not completed.

If less than 80% of the plots inspected comply with contract requirements; the contract price for the area will be decreased by a 10% deduction.

The uses of negative incentives do not waive any other rights of the Government, in dealing with inadequate performance.

SECTION F--DELIVERIES OR PERFORMANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-17 Government Delay of Work (APR 1984) AGAR 452.211-74 Period of Performance. (Feb 1988)

TIME OF PERFORMANCE

It is estimated that the work on this project will start at the earliest July 5, 2017. The contractor shall be required to following:

a) Contractor will set up a pre-work date within 7 days of the start of the contract,

b) Contractor will have to complete 50% of the contract acres by end of August, and

c) the Contractor shall be required to prosecute the work diligently and complete the entire contract no later than September 25, 2017.

The Contractor shall maintain progress at a rate which shall assure completion and acceptance of work within the specified contract time.

SECTION G--CONTRACT ADMINISTRATION DATA

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

G.1 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The contracting Officer will designate a Contracting Officer's Representative(COR) at the time of award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

On all matters that pertain to the contract terms the contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the contracting officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal for a contract claim.

G.2 INVOICING

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Your company must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice on this project.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

FOREST SERVICE ACQUISITION REFERENCE (FSH 6309.32 4G52) CLAUSES

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

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-13 System for Award Management Maintenance (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

52.217-8 Option to Extend Services (NOV 1999)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

52.219-11 Special 8(a) Contract Conditions (JAN 2017)

52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (MAY 2008) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2011)

52.232-9 Limitation on Withholding of Payments (APR 1984)

52.232-17 Interest (MAY 2014)

52.232-18 Availability of Funds (APR 1984) 52.232-32 Performance-Based Payments (APR 2012)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-75 Restrictions Against Disclosure (FEB 1988)

52.213-4 Terms and Conditions -- Simplified Acquisitions (Other Than Commercial Items) (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(iii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(iv) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(v) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

(vii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (JAN 2017).

(ix) 52.253-1, Computer Generated Forms (JAN 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (OCT 2016) (E.O. 13126) (Appliesto contracts for supplies exceeding the micro-purchase threshold.)

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014)

(41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212) (applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to- Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693) (applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be—

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition—

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (JUL 2013) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information).

(xx) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (JUN 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) (Applies to contracts over $35,000).

(iii) 52.211-17, Delivery of Excess Quantities (SEPT 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) 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):

https://www.acquisition.gov/

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights—

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

1. Wage Determination, No. 1981-0682, Revision No. 45, 12/29/2015

2. Work Plan Table

3. Standard Data Sheet

4. Treatment Reporting Form

5. Maps (separate document) WD 81-0682 (Rev.-45) was first posted on www.wdol.gov on 01/05/2016

Forestry and Land Management Services

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON, D.C. 20210

Daniel W. Simms Division of Wage | Wage Determination No: 1981-0682

Director Determinations | Revision No: 45

| Date Of Revision: 12/29/2015

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Service Contract Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

State: Pennsylvania

Area: Pennsylvania Statewide

**Fringe Benefits Required Follow the Occupational Listing**

Employed on contracts for forestry, land management, and the cleaning of public use areas.

OCCUPATION CODE - TITLE FOOTNOTE RATE

08010 - Brush/Precommercial Thinner 12.69

08040 -…