AG-3434-C-13-0009-Rev0.0.pdf

(rev0)

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER AL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 70 PAGES

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICIATION ISSUE

DATE

AG-3434-S-13-0009

DATE

04/15/2013

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION calls) LOCAL TIME

INFORMATION CALL: Mark Corse (812) 277-6863 05/14/13 3:00PM(ET)

9. ISSUED BY CODE 10. THIS ACQUISITON IS

Ohio River Shared Procurement Cluster UNRESTRICTED OR SET ASIDE: 100% FOR

C/O Allegheny National Forest SMALL BUSINESS EMERGING SMALL

BUSINESS

4 Farm Colony Dr.

Warren, PA 16365

HUBZONE SMALL

NAICS: 115310 BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: $17.5 Million OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

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

ORDER UNDER DPAS (15 CFR 700) 13b. RATING N/A

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

Allegheny National Forest

As directed in each Task Order

16. ADMINISTERED BY CODE

Allegheny National Forest

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

Allegheny National Forest

As identified in each Task Order

TELEPHONE N0.

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

OFFER IS CHECKED

SEE ADDENDUM

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

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

INDENFIITE DELIVERY – INDEFINITE QUANTITY

FORESTWIDE TIMBER HERBICIDE TREATMENT

ALLEGHENY NATIONAL FOREST

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

See Schedule

25. ACCOUNTING AND APPROPRIATION DATA

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

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

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.2124. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

MARK CORSE

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

(rev0)

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See attached pages

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECTFOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41 b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41 c. DATE

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV.3/2005) BACK

IDIQ FORESTWIDE HERBICIDE APPLICATION

Rev 0

SECTION B—

SCHEDULE OF ITEMS

PART 1—THE SCHEDULE

SECTION B—SUPPLIES OR SERVICES AND PRICES/COSTS

BASE YEAR 2013

ITEM

NO

DESCRIPTION

ESTIMATED

QUANTITY

UNIT

PRICE

1A Application Only Contractor Sprayer – Group Selection and units 10 acres or less

Acre

1B Application Only Contractor Sprayer – Units between 11 and 20 acres

1C Application Only Contractor Sprayer – Units 21 acres or larger

1D

Materials Only Glyphosate based herbicide1

Gallons

1E

Materials Only Non-ionic Surfactant2

1F

Materials Only Sulfometuron Methyl based herbicide3

Pounds

TOTAL BASE PERIOD $__________________

OPTION PERIOD ONE

TOTAL OPTION PERIOD ONE $__________________

OPTION PERIOD TWO

TOTAL OPTION PERIOD TWO $__________________

OPTION PERIOD THREE

TOTAL OPTION PERIOD THREE $__________________

Materials Only glyphosate based

OPTION PERIOD FOUR

TOTAL OPTION PERIOD FOUR $__________________

Total pricing (for evaluation purposes only)

Total Base Period: $___________________ Total Option Period One $___________________ Total Option Period Two $___________________ Total Option Period Three $___________________ Total Option Period Four $___________________

FAR 52.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause FAR 52.216-18, ORDERING, the

Government shall place orders totaling a minimum of $2,000.00 but not in excess of $975,000.00 ($175,000 for the Base Period and $200,000.00 for each Option Preiod.

Materials Only Sulfometuron methyl

NOTE: Total prices cited here will used for evaluation purposes only. The IDIQ will be awarded at a maximum value ceiling regardless of the number of times each line item is utilized. The prices contained in this section will be firm-fixed prices per unit delivered and utilized for each awarded task order.

Offerors are required to provide pricing for all line items, and all option periods.

Failure to provide complete pricing will result in your offer being considered non-responsive.

SECTION C—

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Allegheny National Forest Service Broadcast Herbicide Application Statement of Work

The intent of this solicitation and any resulting contract is to spray selected herbicides on understory vegetation in designated forested areas on the Allegheny National Forest by licensed Pennsylvania pesticide applicators (category 05, forest pest control), using a contractor supplied ground-based high volume sprayer.

The areas to be sprayed are located on the Bradford and Marienville Ranger District of the Allegheny

National Forest in Warren, Forest, Elk, McKean counties. Treatment areas generally range from 3 to

40 acres, for an estimated total of 600-700 acres per year, but up to 1,200 acres in a single year.

Most areas have been logged and have logging slash present within them.

Herbicides to be used are provided by the contractor, and include glypsosate based products approved for aquatic use and labeled for forestry site preparation and/or sulfometuron methyl based herbicides labeled for forestry site preparation, along with a non-ionic surfactant.

Herbicide products applied will be approved by the Forest Service in advance of application.

The contractor shall have both a current business pesticide applicator licenses (category A, forest pest control), and have a representative on the site to supervise the mixing, loading, and application of herbicide who holds a current pesticide use applicator license (category 05, forest pest control) in the State of Pennsylvania.

The majority of the Task Orders will be issued for work to be accomplished between July 15th through September 20th of each year, weather permitting. The Contractor is required to begin spraying by August 1 (Or as otherwise identified in the Task Order), and will follow an order of treatment area herbicide application specified by the Forest Service.

NOTE: (For information purposes only) There are frequently no areas to treat in July, and if there are, quantities of areas to treat are small. There generally will be a break between the August and

September units.

1 Glyphosate based herbicide with 53.8% active ingredient (quantities specified in contract assume), approved for aquatic use and labeled for forestry site preparation such as:

• Rodeo®

• Accord®

• Forester’s®

• Glypro®

2 Non-ionic surfactants such as:

• Timberland 90®

• Chemsurf 90®

• Alenza 90®

• Red River 90®

• Red River Adherent 90®

3 Sulfometuron Methyl herbicide labeled for forestry site preparation such as:

• Oust®

• Oust XP®

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK (cont)

DIVISION 100 – GENERAL SPECIFICATIONS

110 – Scope of Contract

The intent of this solicitation and any resulting contract is to spray selected herbicides on understory vegetation in designated areas on the Allegheny National

Forest during July, August and September by licensed Pennsylvania pesticide applicators (category 05, forest pest control), using a contractor supplied ground-based high volume sprayer.

120 – Description and Location

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

Districts of the Allegheny National Forest in Warren, Forest, Elk, McKean counties.

122 – The areas are usually less than 40 acres and greater than 3 acres in size, although some units may be smaller or larger than this. Most areas have been recently harvested and have logging slash and tree tops on the ground.

123 – The general location of and access to each area will be shown on a project area map of each area. These maps will be provided at the pre-work conference and with subsequent task orders. There is usually road access to the units, although sometimes the roads may be blocked with dirt mounds. If these mounds are damaged or removed, by the contractor accessing the unit, the contractor shall repair or replace them.

124 – Interfering understory vegetation includes fern, grass, beech, birch and striped maple. Each unit will have one or more of these target species identified for treatment, as well as the prescribed herbicide (glyphosate only, sulfometuron methyl only, or glyphosate and sulfometuron methyl mixed) to be applied to treat these target species.

130 – Contractor Furnished Property, Services, Responsibilities and Obligations

The contractor shall furnish all equipment (except for that listed as Government

Furnished Property), labor, materials, herbicide, transportation, supervision, and incidentals necessary to apply herbicide in accordance with this contract.

131 – Contractor Supplied Sprayer – The contactor shall provide a ground-based high volume mist blower herbicide sprayer capable of delivering herbicide solution at a rate of 25 gallons per acre. As specified in contractor’s proposal.

132 – 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 should 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 USFS district inspector early in the day (by 8

AM) where they plan to work that day, or when they do not plan to work.

Should weather conditions (e.g. rain or wind) preclude herbicide application, the decision to spray or not shall be decided by the USFS inspector.

133- The contractor may choose to utilize more than one herbicide spray machine at once, with concurrence from the COR at least 24 hours in advance.

134 – Certification – The contractor shall have both a current business pesticide applicator licenses , (category A, forest pest control) and have a representative on the site to supervise the mixing, loading, and application of herbicide who holds a current pesticide use applicator license (category 05, forest pest control) in the State of Pennsylvania.

135 – All work under this contract shall be performed in a skillful and professional manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems unprofessional.

136 – Flagging – The contractor shall use only biodegradable or photodegradable flagging.

140 – Government Furnished Property

141 – Radios – The government will supply if requested, King portable radios, batteries, and chargers for the contractor to use for communication between the sprayer operator, crewmembers, and the government inspector while spraying.

142 – Spray block maps

DIVISION 200 – TECHNICAL SPECIFICATIONS

210 – Equipment Requirements

To avoid contamination of areas not scheduled for treatment, Contractor must ensure that the spray system has no leaks, and does not have excessive dripping from the nozzles. The spray equipment must have a delivery method that controls application rates given different travel speeds, terrain, etc.

220 – Herbicide

221 – The contractor shall furnish the required quantities of glyphosate (approved for aquatic use and labeled for forestry site preparation) (example trade names Glypro®, Rodeo®, Accord Concentrate®, or Foresters®) and sulfometuron methyl herbicide (labeled for forestry site preparation)

(example trade names Oust® and OustXP®) and a non-ionic surfactant using nonylphenol ethoxylates plus isopropanol and free fatty acids in a 90% active formulation. Example surfactants approved for use on the ANF include Timberland 90®, Chemsurf 90®, Alenza 90®, Red River 90®, Red River

Adherent 90®.

222 -- The herbicide carrier will be water obtained from approved domestic water systems or other approved fresh water sources. The Contracting Officer’s

Representative may approve, on occasion, water drafting zones to supplement domestic water trucked to treatment areas, if it is convenient to application operations and the Contracting Officer’s Representative 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 and have no visible suspended sediments.

223 -- Additives other than a non-ionic surfactant may not be used.

224-- Due to changes in herbicide labeling and product manufacturing, the contractor shall notify the Forest Service by June 1 annually of the herbicide and surfactant trade names that they intend to use. The Forest Service will approve use of these products in advance of application.

230 – Application Rate

231 -- Glyphosate shall be applied at the rate of 1 pound active ingredient per acre

(for example if the Accord® formulation is applied, 0.8 quarts [26 ounces] of

Accord® product per acre), and Sulfometuron Methyl shall be applied at the rate of 1.5 ounces active ingredient per acre (for example if the Oust XP® formulation is applied, 2 ounces of Oust XP® product per acre). Surfactant will be applied with glyphosate at the rate of 1 pint (16 ounces) per acre.

The application rate shall not exceed 120% of this rate on average of all units treated. On individual units where the vegetation is very thick or tall, the application rate shall not exceed 150% of the above stated rate.

232 -- Sometimes portions of the treatment area will not be able to be traversed by a ground-based sprayer because of steep slopes, pipelines, or large rocks.

If these inaccessible areas are less than 1 acre in size they are considered inclusions and may be left untreated (determined by the FS inspector).

However, any areas larger than 1 acre that are inaccessible by the motorized sprayer will be dropped from treated acreage total for payment purposes.

233 -- Herbicide solution (water plus herbicide specified at rates listed in specification 231) will be applied at the rate of 25 gallons per acre, within limits of ±20% on average of all units, or -25% to +50% on any one unit.

240 – Performance Requirements

241 -- Equipment Calibration and Spray Characterization. The Contractor shall be required to calibrate to the specified application rate and characterize the spray system. Forest Service personnel will observe this activity which will occur at a mutually agreed upon location, date, and time before work begins on this project, and during the project if required by the Forest Service.

Water shall be used for this exercise.

242 -- 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.

243 -- 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.

When changing from application of a blend of Glyphosate and Oust

(Sulfometuron Methyl) to only Oust, the contractor will ensure all residual herbicide is removed from machine or used prior to applying Oust only.

244 -- Prior to starting application on ANF lands, all herbicide application equipment will be visually inspected to ensure it is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. The contractor shall not move herbicide application equipment which last operated in an area that is infested with one or more invasive species of concern (identified prior to operations by the Forest Service) into a treatment block without using whatever cleaning measures are necessary to ensure the equipment is free of noxious weeds. Disassembly of equipment components or specialized inspection tools is not required.

The contractor must advise a Forest Service representative what measures were taken to clean the equipment following use on non-ANF lands or an area infested with an invasive species, and arrange for Forest Service inspection prior to use of equipment. Equipment shall be considered free of soils, seeds, or other such debris when a visual inspection does not disclose such material. If the contractor desires to clean the equipment on National

Forest land, the contractor and Forest Service shall agree on locations for the cleaning and control of off-site impacts, if any.

250 -- Application

Forest Service personnel have marked spray area boundaries with flagging or paint.

In accordance with the ANF Land and Resource Management Plan Standards and

Guidelines, the following procedures are required:

251 – Before beginning treatment in an area, the COR or designated inspector and the Contractor’s representative will discuss resource features requiring protection, buffers, mitigation measures, and spray patterns. In some cases, the COR or designated inspector and the Contractor’s representative may walk through the area to review special conditions or areas to avoid during

252- A government inspector will be on site during application.

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

254 -- When spraying within 75 feet of outer boundaries of units or buffer strips, equipment shall travel adjacent to the perimeter, with spray directed away from boundary whenever possible.

255 -- Buffer areas or places where spraying is not permitted will be identified by the COR or inspector prior to beginning a unit. The boundaries of these buffer areas may or may not have been painted or flagged. Minimum required buffer distances for water quality are as follows:

A - 25 feet wide along each side of perennial streams, impoundments, seeps, springs, or intermittent streams flowing water the day of

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

C - 25 feet wide around wet areas (standing water), including vernal ponds, having no defined outlet.

256 -- Contractor shall avoid damaging saw timber and pole timber crop trees, or snags, with the spray equipment.

257 -- Application of spray material shall be confined to the designated spray area.

258 -- Some units may be treated on weekdays only because of safety concerns caused by access to these units on ATV trails, proximity to private camps, recreation use or other reasons.

259 -- Sequence of areas to be sprayed: The government reserves the right to determine the sequence of blocks to be treated.

260 – Climatic Limitations

Spraying operations should not occur when any of the following conditions exist, and as determined by the Forest Service inspector:

261 - The wind exceeds 10 mph in the open or 4 mph under the canopy, or

262 - Rain, fog, or morning dew causes moisture to drip from the foliage, or

263 - Air turbulence (thermal updrafts, etc.) is so great at the spray area as to seriously affect the normal spray pattern, or

264 - Rain is anticipated within 4 hours at the spray area. (The COR or inspector will inform the contractor when the weather conditions indicate that rain is reasonably expected).

265 - Respray for Unexpected Rain – Contractor may be required to respray any area or portion of an area treated where rain falls within 4 hours of the time of treatment. Compensation will be made to the contractor for this respray at the calculated per acre rate for the area within which the respray occurs, using the unit bid price and the acreage specified in the Schedule of Items section of this contact.

266-- The government reserves the right to suspend or cancel spray operations due to unfavorable climatic conditions at any time.

270 - Records

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

After completing each unit the Contractor’s Project Supervisor will compare his records with the information on the Stand Data Sheet (maintained by the

Government) and then sign this form if the information is correct.

280 - Safety

281 – The Contractor or their Project Supervisor shall report all accidents or incidents associated with this contract to the Contracting Officer within 24 hours. This report shall contain description, cause, and future actions contemplated to avoid future occurrences.

282 -- The Contractor shall comply with all Federal and State regulations for spraying herbicide.

283 -- All persons who may come in contact with the spray solution shall wear protective clothing, consistent with that specified on the herbicide label.

284 -- The contractor will provide soap and water for personnel to wash with on the job site.

290 – Accidents, Incidents, and Spills

291-- Accidents, as used throughout this contract shall mean destruction or substantial damage to the motorized spray equipment, the spray vehicle, or the 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 Contracting Officer’s Representative by July 1 annually.

Herbicide wasted through spills greater than 5 gallons of diluted product, or

1 quart of undiluted product must be reported to the Contracting Officer’s

Representative 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 and

Pennsylvania programs such as Chemsweep. Recycling of herbicide containers is strongly encouraged.

DIVISION 300 – MEASUREMENT AND PAYMENT

310 – Measurement

Acreage is determined by a survey using a computer traverse program or GPS 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 15% from the estimated acreage for that unit, as described below in Specification 320.

320 – Suspected errors in measurements

If the contractor requests a remeasurement of any area and the results of the remeasurement show that the acreage is more than 15% different from original measurement, the Government will pay at the unit price for the number of acres shown on the remeasurement and the cost of the remeasurement itself. If, however, the remeasurement shows the acreage to be within the 15% allowable variation, payment will be for the original acreage for that unit and the contractor will pay for the cost of the remeasurement. The Forest Service will determine the method of remeasurement. The

Forest Service will perform all remeasurements.

330 – Inclusions

The acreages shown in the Schedule of Items 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 inclusions of 1 acre or less.

340 – Payment

Payment will be made at the contract unit price for each acre acceptably sprayed with herbicide, with no accidents or herbicide spills that require reporting to the Contracting

Officer. Payments will be processed at least monthly.

INCENTIVES

Incentives will be applied at the end of each Task Order as follows:be applied.

If the assigned acreage is completed in accordance with delivery schedule and there are no accidents or herbicide spills that require reporting to the Contracting Officer, as required by the specifications, contract price for item 1A (2A, 3A), and amount of herbicide solution applied is within +25 percent on all treated areas, application will be increased by a 5% premium for the applicable Task Order.

If the assigned acreage is not completed in accordance with delivery schedule or there are more than one accident or herbicide spills that require reporting to the Contracting Officer, as required by the specifications, contract price for item 1A (2A, 3A), application will be decreased by a 5% premium for the applicable Task Order.

For cases of poor or late performance these incentives are in addition to other contract remedies available to the Government.

ORDER OF WORK: (Unless otherwise directed in the Task Order)

Contractor is required to spray in the following order:

From July 15 to July 31, the contractor may treat units which have as their target species only fern, grass and beech, and have been identified as “July” units.

On August 1, the contractor will begin treating units identified as August units. These units may be treated up until the contract end date. These include areas prescribed for glyphosate only, or glyphosate and sulfometuron methyl tank mixes of herbicides.

Finally, the contractor will treat designated units that may not be treated after September1 or Labor

Day weekend. Such areas include, but not limited to, those where seedlings are present and/or where sulfometuron methyl (Oust®) alone will adequately control competing vegetation, those subject to a large amount of summer public use, or areas with prescribed mitigation measures requiring treatments to occur after Labor Day.

After the commencement of work the contractor will continue with the project until completion of units within the time frames stated above. There are frequently no areas to treat in July, and if there are, quantities of areas to treat are small. There generally will be a break between the August and

September units.

DEFINITIONS

1. Forest Service (FS): The United States of America, acting through the Forest

Service, U.S. Department of Agriculture.

2. Government: The Contracting Officer or the duly authorized Contracting

Officer's Representative (COR) who has signatory and binding contract authority and/or the authority to formally accept contractor-furnished products and services.

3. Contracting Officer: A Forest Service employee with the authority to: enter into, administer, and terminate contracts, as well as issue determinations regarding such matters as claims.

4. Contracting Officer’s Representative (COR): A Forest Service employee that is appointed and officially designated by the Contracting Officer to assist the

Contracting Officer with the technical matters related to contract administration. The COR will assist the Contracting Officer with surveillance of contractor performance.

5. Forest Service Inspector: A Forest Service employee designated by the

Contracting Officer or COR to perform surveillance of contractor performance.

6. Contractor Representative: A foreman, superintendent, or manager, assigned in writing, to be responsible for the execution of work under this contract.

7. Subcontractor: Any supplier, distributor, vendor, or firm that furnishes supplies or services to a prime contractor.

8. Contract: A mutually binding legal relationship which obligates the seller

(Contractor) to furnish supplies or services, to include construction; to the buyer (Government), with payment as consideration. It includes varying types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing.

In addition to this type of bilateral instrument, contracts can include (but are not limited to) awards and notices of awards; task orders orders issued under an Indefinite Delivery / Indefinite Quantity Contract (IDIQ contract;

purchase orders - which becomes effective by written acceptance or performance; as well as bilateral contract modifications.

9. Indefinite Delivery / Indefinite Quantity Contract (IDIQ): Type of contract for which the delivery of a specific service or supply is not known at the time of contract award. An IDIQ allows for later ordering of supplies or services and construction), with an established minimum and maximum order amount, as well as a maximum total contract amount.

10. Task Order (TO): By use of an IDIQ, the method by which the FS will order construction necessary to perform the work.

11. Contract Modification Any written change in the terms of a contract.

12. Task Order Modification: Any written change to a specific task order.

13. Supplemental Agreement: A type of contract modification that is accomplished by the mutual action or agreement by both parties.

14. Notice To Proceed: Forest Service document that indicates the offical start date for the TO period of performance.

15. Offer: A response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract.

16. Best Value: The expected outcome of an acquisition: whether contract or

TO, that, in the Government’s estimation; provides the greatest overall benefit in response to the requirement.

17. Price Schedule: Schedule containing a list of contract line items (CLINs), quantities, units of measure, unit price and amount.

18. Quality Assurance: Those actions taken by the FS to assure that the contractor’s performance meets the specified requirements.

19. Quality Control: Those actions taken by a contractor to control performance so that the work meets the specified requirements.

20. Warranty: A promise or affirmation given by a contractor to the

Government regarding the nature, usefulness, or condition of the the work furnished under the contract.

21. Station: A horizontal distance of 100 lineal feet as measured along the centerline of a trail or trail.

22. Where "as directed", "as required", "as permitted", "approval", "acceptance": or words of similar import are used, it shall be understood that direction, requirement, permission, approval or acceptance of the

Contracting Officer is intended unless stated otherwise.

SECTION D

Packaging and Marking

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

SECTION E

Inspection and Acceptance

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

SECTION F

Deliveries or Performance

FAR 52.211-74 Period of Performance. (FEB 1988)

The period of performance of this contract is from Date of Award through 365 days following the date of award.

(End of Clause)

FAR 52.211-75 Effective Period of the Contract. (FEB 1988)

The effective period of this contract is from Date of Award through 365 days following the date of award.

SECTION G

Contract Administration Data

TASK ORDER AUTHORITY: Any Contracting Officer assigned to the US Department of Agriculture, with the requisite warrant authority, may issue task orders against this contract.

CONTRACTOR INVOICES: Invoices shall be submitted in arrears, no advance payments will be authorized. Unless otherwise noted, contractors shall submit invoices for payment as follows:

A. If the work performance period cited in the individual Task Order is 30 days or less, the contractor shall submit an invoice to the government at the end of the performance period. No partial payments are authorized.

B. If the work performance period cited in the individual Task Order is greater than

30 days partial payments may be authorized on a monthly basis and upon acceptance of the work. Payment schedules will be covered in the pre work meetings.

C. In accordance with Prompt Payment Act (Public Law 97-177), contractors are to submit proper invoices for payment.

A proper invoice includes:

1. Name and address of the Contractor

2. Invoice date and invoice number

3. Contract/order number

4. Taxpayer Identification Number (TIN)

5. Description, quantity, unit of measure, unit price, and extended price

6. Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice .

D. GOVERNMENT INVOICE ADDRESS: Unless otherwise directed, all invoices from the contractor shall be mailed to the address cited on the Task Order documents.

E. PROPERLY SUBMITTED INVOICE: The invoice must contain specific information as listed below or the invoice shall be returned to the contractor within seven days after receipt, noting reasons why it is not a proper invoice. The agency payment office will no longer “hold” or “pen and ink” the invoice in an attempt to correct it.

The contractor must correct and resubmit the invoice to the payment office where it will again be date stamped upon receipt.

F. PAYMENT TERMS: Once the properly submitted invoice is received, and services are accepted, the payment will be processed in accordance with the Prompt

Payment Act. Notify the Contracting Officer or COR if payment is not received within ten (10) calendar days following the due date.

G. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor under this contract will be made in accordance with Electronic Funds

Transfer (EFT) methods referenced in this solicitation. All required contractor information must be entered in the Central Contractor Registration (CCR) database

(www.ccr.gov). The CCR database information must also remain current.

H. PAYMENT STATUS: To receive a status regarding past due payments, contractors are encouraged to contact the PAYMENT INQUIRY branch at the USDA National

Finance Center (800) 421-0323 or 504-426-6510.

I. NOTIFICATION OF PAYMENTS: Contractors are encouraged to enroll in the U.S.

Department of Treasury’s Financial Management Service (FMS), Internet Payment

Platform (IPP). To enroll in the IPP-PAID service, please call IPP’s toll-free number at

(866) 973-3131 or email at bos.ipp.helpdesk@bos.frb.org. This service is free and provides contractors with advance notification of payments processed through EFT.

For additional information, please refer to the IPP-PAID website

(https:www.ipp.gov/).

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with successful offeror is required. It will be scheduled within 20 days after the date of contract award. The conference will be held at:

Forest Supervisor’s Office

4 Farm Colony Drive

Warren, PA 16365

VETS-100 PROGRAM

In accordance with Title 38, United States Code, Section 4212(d), the U.S.

Department of Labor (DOL), Veterans' Employment and Training Service (VETS) collects and compiles data on the employment of veterans with Federal contractors and subcontractors. Federal contractors are required to submit one of two reports

(VETS-100 and VETS-100A) and, in some cases, both reports.

The VETS-100 Report and the VETS-100A Report must be submitted each year between August 1 and September 30.

Per the recent DOL change, the Contractor need only report if the contract amount exceeds $100,000. For this IDIQ, the threshold will be $100,000 for any year, base or optional year.

Contractor questions concerning VETS-100 reporting and reporting requirements to the U.S. Department of Labor (DOL), Veterans' Employment and Training Service

(VETS) at the following address:

U.S. Department of Labor

200 Constitution Ave., NW

Washington, DC 20210

By Phone:

National Toll-Free Contact Center. Live assistance is available Monday through

Friday from 8:00 a.m. to 8:00 p.m. Eastern Time by calling, 1-866-4-USA-DOL (1-866-

487-2365), TTY: 1-877-889-5627.

Phone Numbers by Topic. Search for a Departmental phone number based on the topic of your question.

The Leadership Team. A list of phone numbers for key personnel in the Department.

General VETS-100 / VETS-100A Questions: Call the VETS-100 Service Center at

(866) 237-0275 or email VETS100-customersupport@dol.gov. For international callers, please call (202) 693-4715.

SECTION H

Special Contract Requirements

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Supervisor, Licensed Pennsylvania Commercial Pesticide Applicator.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below.

After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the person being replaced. The Contracting Officer will notify the

Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

SECTION I

Contract Clauses

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): [Insert one or more Internet addresses]

FAR 52.202-1 Definitions. (JAN 2012)

FAR 52.203-3 Gratuities. (APR 1984)

FAR 52.203-5 Covenant Against Contingent Fees. (APR 1984)

FAR 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)

FAR 52.203-7 Anti-Kickback Procedures. (OCT 2010)

FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity. (JAN 1997)

FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997)

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

(OCT 2010)

FAR 52.203-16 Preventing Personal Conflicts of Interest. (DEC 2011)

FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content

Paper. (May 2011)

FAR 52.204-7 Central Contractor Registration. (DEC 2012)

FAR 52.204-12 Data Universal Numbering System Number Maintenance

(DEC 2012)

FAR 52.204-13 Central Contractor Registration Maintenance (DEC 2012)

FAR 52.207-3 Right of First Refusal of Employment. (MAY 2006)

FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--

Representation. (MAY 2011)

FAR 52.209-6 Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment.

(DEC 2010)

FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility

Matters. (FEB 2012)

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

(MAY 2012)

FAR 52.215-2 Audit and Records - Negotiation. (OCT 2010)

FAR 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

FAR 52.217-2 Cancellation Under Multi-year Contracts. (OCT 1997)

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

FAR 52.219-8 Utilization of Small Business Concerns. (JAN 2011)

FAR 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business

Set-Aside. (NOV 2011)

FAR 52.222-3 Convict Labor. (JUN 2003)

FAR 52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation. (JUL 2005)

FAR 52.222-21 Prohibition of Segregated Facilities. (FEB 1999)

FAR 52.222-26 Equal Opportunity. (MAR 2007)

FAR 52.222-35 Equal Opportunity for Veterans. (SEP 2010)

FAR 52.222-36 Affirmative Action for Workers with Disabilities. (OCT 2010)

FAR 52.222-37 Employment Reports on Veterans. (SEP 2010)

FAR 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act. (DEC 2010)

FAR 52.222-41 Service Contract Act of 1965. (NOV 2007)

FAR 52.222-43 Fair Labor Standards Act and Service Contract Act - Price

Adjustment (Multiple Year and Option Contracts). (SEP 2009)

FAR 52.222-50 Combating Trafficking in Persons. (FEB 2009)

FAR 52.222-54 Employment Eligibility Verification. (JUL 2012)

FAR 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

FAR 52.223-6 Drug-Free Workplace. (MAY 2001)

FAR 52.223-14 Toxic Chemical Release Reporting (AUG 2003)

FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving. (AUG 2011)

FAR 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

FAR 52.227-1 Authorization and Consent. (DEC 2007)

FAR 52.228-5 Insurance - Work on a Government Installation. (JAN 1997)

FAR 52.229-3 Federal, State, and Local Taxes. (APR 2003)

FAR 52.232-1 Payments. (APR 1984)

FAR 52.232-17 Interest. (OCT 2010)

FAR 52.232-18 Availability of Funds. (APR 1984)

FAR 52.232-23 Assignment of Claims. (JAN 1986)

FAR 52.232-25 Prompt payment. (OCT 2008)

FAR 52.232-26 Prompt Payment For Fixed-Price Architect-Engineer Contracts.

(OCT 2008)

FAR 52.232-33 Payment by Electronic Funds Transfer - Central Contractor

Registration. (OCT 2003)

FAR 52.232-36 Payment by Third Party. (FEB 2010)

FAR 52.232-37 Multiple Payment Arrangements. (MAY 1999)

FAR 52.233-1 Disputes. (JUL 2002)

FAR 52.233-3 Protest after Award. (AUG 1996)

FAR 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984)

FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation.

(APR 1984)

FAR 52.237-3 Continuity of Services. (JAN 1991)

FAR 52.242-13 Bankruptcy. (JUL 1995)

FAR 52.243-1 Changes - Fixed-Price. (AUG 1987)

FAR 52.243-1 Changes - Fixed-Price. (AUG 1987) - Alternate II (APR 1984)

FAR 52.244-5 Competition in Subcontracting. (DEC 1996)

FAR 52.244-6 Subcontracts for Commercial Items. (DEC 2010)

FAR 52.246-25 Limitation of Liability - Services. (FEB 1997)

FAR 52.249-4 Termination for Convenience of the Government (. (APR 1984)

FAR 55.249-8 Default (fixed Price Supply and Services (APR 1984)

FAR 52.253-1 Computer Generated Forms. (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.228-71 Insurance Coverage. (NOV 1996)

452.236-73 Archaeological or Historic Sites. (FEB 1988)

452.236-72 Use of Premises (NOV 1996)

452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

FAR 52.204-99 -- System for Award Management Registration (DEVIATION)

Except for awards where the Government wide purchase card (GPC) is used as the method of payment, contracting officers shall include the attached clause 52.204-

99, System for Award Management Registration, in lieu of FAR clause 52.204-7, Central Contractor Registration, and DFARS 252.204-7004, Alternate A, Central

Contractor Registration.

System for Award Management Registration (August 2012) (DEVIATION)

(a) Definitions. As used in this clause-

"Central Contractor Registration (CCR) database" means the retired primary

Government repository for Contractor information required for the conduct of business with the Government.

"Commercial and Government Entity (CAGE) code" means-

(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information

Service to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an

"NCAGE code."

"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 SAM records for identifying alternative Electronic Funds

Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the SAM database" means that-

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

(2) The Contractor's CAGE code is in the SAM database; and

(3) 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 Attachment, Page 1 of 4 validation to the Government as a part of the SAM registration process.

"System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes-

(1) Data collected from prospective federal awardees required for the conduct of business with the Government;

(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and

(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations , or by the Government Accountability Office.

(b)

(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

(3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM.

(c) If the Contractor does not have a DUNS number, it should contact Dun and

Bradstreet directly to obtain one.

(1) A contractor may obtain a DUNS number- (i) Via the internet at http://fedgov.dnb.com/webform or if the contractor 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 contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The Contractor 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.

(ix) Line of business (industry).

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

(d) Reserved.

(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM 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 SAM database to ensure it is current, accurate and complete. Updating information in the SAM 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 sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to-

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible

Contracting Officer.

(ii) If the Contractor fails to comply with the…