Solicitation_BooneCreek_NNIS_11Apr17_Package.pdf

COMMERCIAL ITEMS AG-52B1-S-17-0021

NNIS - Boone Creek SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 58

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 842708 1

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

DATE

AG-52B1-S-17-0021

DATE

4/07/2017

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

7. FOR SOLICITATION Cheryl Taylor-Whalen calls)

304-456-3335 x-117

LOCAL TIME

May 5th, 2017 / 4:30 p.m. EST

INFORMATION CALL:

9. ISSUED BY CODE 10. THIS ACQUISITON IS

UNRESTRICTED OR SET ASIDE: 100 % FOR

SMALL BUSINESS Women Owned Small

BUSINESS (WOSB)

USDA Forest Service, R9 Monongahela National Forest

HUBZONE SMALL Economically Disadvantaged Women-Owned Small Business (EDWOSB)

Greenbrier Ranger District PO Box 67 Bartow, WV 24920

SERVICE-DISABLED VETERAN- 8(A) NAICS: 115310

OWNED SMALL BUSINESS

Size Standard:______$7.5M______

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

14. METHOD OF SOLICITATION

XX RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

IPP

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

Furnish all labor, materials, supervision, permits, tools, and equipment required to provide NNIP elimination services on the Hoosier National Forest, County of Perry, IN.

Emailed submissions are preferred to:

ctaylorwhalen@fs.fed.us USPS Mail submissions are to be sent to the attention of: Cheryl Taylor-Whalen **No fax submissions will be accepted**

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

25. ACCOUNTING AND APPROPRIATION DATA

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

X 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 52.212-4. 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)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED mailto:ctaylorwhalen@fs.fed.us

COMMERCIAL ITEMS AG-52B1-S-17-0021

NNIS - Boone Creek

SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Line 1

Line 2

Line 3

Boone Creek / Mill Timber Sale Description and Contract Line Item Number (CLIN)

Estimated Quantity Unit Unit Price Total Cost

Foliar Herbicide Treatment Category Herbaceous Flowering Plants, Grasses, and Vines/Semi-woody Vines

Boone Creek LECU Open Land and/or Roadside NNIP – Field South of Onido Road (Non-selective Herbicide and/or/in combination with Selective Herbicide)

Treatment of the area is to occur two times within the contract time period.

20 Acre $_____ x 2 $________

Description and Contract Line Item Number (CLIN)

Estimated Quantity Unit Unit Price Total Cost

Foliar Herbicide Treatment Category Herbaceous Flowering Plants, Grasses, and Vines/Semi-woody Vines

Mill TS LECU – (Optional Line Item 1) Open Land and/or Roadside NNIP – (Non-selective Herbicide and/or/in combination with Selective Herbicide) (linear roadbed approximately 4,300 ft long and 15 ft wide and includes the 0.5 acre wildlife opening that it passes through)

**This line item may or may not be exercised depending on available funding.**

2 Acre $_____ x 2 $________

Description and Contract Line Item Number (CLIN)

Estimated Quantity Unit Unit Price Total Cost

Foliar Herbicide Treatment Category Herbaceous Flowering Plants, Grasses, and Vines/Semi-woody Vines

Mill TS LECU – (Optional Line Item 2) Open Land and/or Roadside NNIP – (Non-selective Herbicide and/or/in combination with Selective Herbicide)

8.5 Acre $_____ x 2 $________

COMMERCIAL ITEMS AG-52B1-S-17-0021

Line 4

Line 5

Line 6

Boone Creek LECU + Optional Line Items 1-5 Total $____________

The North American Industry Classification System (NAICS) code for this acquisition is 115310.

Service rates apply to this acquisition.

Description and Contract Line Item Number (CLIN)

Estimated Quantity Unit Unit Price Total Cost

Foliar Herbicide Treatment Category Herbaceous Flowering Plants, Grasses, and Vines/Semi-woody Vines

Mill TS LECU – (Optional Line Item 3) Open Land and/or Roadside NNIP – (Non-selective Herbicide and/or/in combination with Selective Herbicide)

12 Acre $_____ x 2 $________

Description and Contract Line Item Number (CLIN)

Estimated Quantity Unit Unit Price Total Cost

Foliar Herbicide Treatment Category Herbaceous Flowering Plants, Grasses, and Vines/Semi-woody Vines

Mill TS LECU – (Optional Line Item 4) Open Land and/or Roadside NNIP – (Non-selective Herbicide and/or/in combination with Selective Herbicide)

32 Acre $_____ x 2 $________

Description and Contract Line Item Number (CLIN)

Estimated Quantity Unit Unit Price Total Cost

Foliar Herbicide Treatment Category Herbaceous Flowering Plants, Grasses, and Vines/Semi-woody Vines

Boone Creek MIVI – (Optional Line Item 5) Open Land and/or Roadside NNIP – (Non-selective Herbicide and/or/in combination with Selective Herbicide)

Treatment of the area is to occur one time within the contract time period.

21.5 Acre $________ $________

COMMERCIAL ITEMS AG-52B1-S-17-0021

NNIS - Boone Creek BASIS OF AWARD: Award will be made to the lowest responsive and responsible Contractor whose quote is technically acceptable. Failure to submit employee (s) and subcontractor employee(s) State of Indiana (or reciprocal) licensing certification for herbicide treatment will result in the quote being deemed as nonresponsive and not considered further for award.

Scope and Statement of Work

Introduction/Background The Hoosier National Forest is in south-central Indiana and contains approximately 203,000 acres of National Forest System (NFS) lands. The two zones are the Brownstown Ranger District and the Tell City Ranger District. Brownstown Ranger District includes Brown, Jackson, Lawrence, Martin, Monroe, and Orange Counties. Tell City Ranger District includes Dubois, Crawford, Orange, and Perry Counties. Prior to the acquisition of lands by the Forest Service, nearly all forests had undergone repeated clearing to create small farms, logging, burning, and grazing by domestic livestock. This history of disturbance has contributed both directly and indirectly to the establishment of non-native invasive plant species (NNIS) throughout the Hoosier.

The primary objective of this solicitation is to remove or reduce the vigor and size of invasive plant populations, thereby minimizing the threat to native plant communities and wildlife.

General Treatment Specifications The treatment for various patches of NNIS will depend on factors such as, location, patch size, the response of invasive species to the seasons, concentration of NNIS, and surrounding vegetation. NNIS plant treatments may include the use of hand methods, machinery, and chemicals to eliminate NNIS when possible or at least appreciably reduce their presence in the treatment areas. Only the use of Environmental Protection Agency (EPA) approved, non-restricted use chemicals are to be used. Other EPA approved herbicides may only be acceptable with prior approval of the contractor officer representative (COR).

Other applicable actions associated with this contract may involve the potential need for cutting and mowing of larger shrubs or woody vines in conjunction with foliar application of herbicides. The Hoosier Forest Plan guidelines make recommendations for the timing of mowing in forest openings to minimize disturbance to ground nesting birds. Generally, design criteria in project-level EAs prohibit mowing during April 1st through July 31st in old fields and grassland openings.

The Contractor shall provide all expertise, labor, supervision, services, herbicides, carriers or adjuvants, materials, equipment, tools, supplies, transportation, licenses, permits, worker personal protective equipment (PPE), and incidentals necessary to perform the required work, for which the desired outcome is in strict accordance with the standards in the contract. The Contractor shall perform and accomplish the work in accordance with all applicable federal, state, and local laws, regulations, and ordinances. Contractors shall use selective herbicides or a selective method to reduce to surrounding non-target vegetation. The Scope of Work will list any additional necessary requirements.

Herbicide applicators shall use typical herbicide concentrations according to all EPA approved manufacturer herbicide directions. The Contractor will mix herbicides in accordance with manufacturer’s instructions and any applicable laws or regulations. Application operations shall be conducted as indicated on the herbicide label, including approved concentrations, rates/acre, and environmental conditions. Only chemicals for aquatic use in or adjacent to streams shall be used whenever directed at or adjacent to waterways and wetlands such as the aquatic formulation of glyphosate (Rodeo ® or equivalent product).

The Contractor is responsible for the cleanup of any spills and will notify the COR immediately of any spills.

The contractor must have herbicide labels and copies of material safety data sheets (MSDS) of chemicals used on site. The contractor must provide copies or notification by telephone or email of herbicide labels and MSDS of chemicals to the COR prior to the start of work.

COMMERCIAL ITEMS AG-52B1-S-17-0021

NNIS - Boone Creek

This contract does not allow any indiscriminate broadcast applications or aerial spraying. Where appropriate, vehicle or ATV/UTV/OHV mounted sprayers is permissible to apply herbicides in designated old fields or grassland openings, and along roads. Other spot spraying, typically involves the use of backpack sprayers or other hand techniques, and along some wider trails ATV/UTV/OHV mounted sprayers is also permissible. Use of suitable dye is required to indicate where applicators have sprayed or used herbicides. Contractors cannot use ATVs with liquid cargo tanks exceeding 15 gallons.

For foliar herbicide application during the growing season, the contract will require the use of selective herbicides or a selective method of application to reduce effects to the surrounding non-target vegetation. Foliar herbicide application will occur mainly after full leaf expansion and applicators will apply herbicides in a systematic fashion to provide coverage to the entire NNIS infestation. Contractor shall apply foliar spray in such a manner to thoroughly wet foliage, but not to the point of runoff to avoid harm or mortality to desirable non-target plant species. Other work may involve NNIS control of woody shrubs, trees, and woody vines by using a combination of herbicide treatment and mowing or cutting.

Contractor will place caution signs around the sprayed areas according to the appropriate interval per label directions of the chemical used in application areas where the public may have contact with herbicide (e.g.

trails, parking areas). Where necessary per label directions, caution signs may include a temporary closure of treatment areas.

Contractor will conduct treatments to at least 90-95% of the specified project area(s) of the target NNIS infestation(s) as identified in the Scope of Work. Contractor will conduct treatments at a sufficient interval and concentration to meet or exceed the kill rate ranging from 85-90% for target NNIS infestations, and with no more than 10-15% mortality to nearby or interspersed desirable non-target native plant species because of inadvertent treatment or overspray of herbicides (refer to Quality Assurance Plan); or values specified in the Scope of Work.

The Contractor shall progressively accomplish the work at a rate that will result in completion of the work within the time specified as determined by the final accepted work schedule for the awarded contract.

Forest Service COR or Contract Inspectors may conduct visual inspection of NNIS treatments on site to check on their progression to ensure the Contractor is following the specified requirements of the contract. The COR may conduct random inspections and sampling to verify acceptable kill rates to target NNIS infestations and mortality to non-target desirable native plants. At the discretion of the COR, the Forest Service will accept work based on visual inspection, to confirm kill rates to both target NNIS species and non-target native plant species.

All herbicide applicator staff must be able to identify target NNIS plant species in the field, including during dormant seasons, to a sufficient degree without exceeding the maximum acceptable levels of mortality to desirable non-target native species and to meet minimum kill rates to target NNIS infestations (refer to Quality Assurance Plan).

Recordkeeping and Daily Logs/Diary

Minimum record requirements include copies of hazardous material handling certificates, copies of material safety data sheets (MSDS) of chemicals used, and the location of the waste site and/or use destination locations.

Contractor will maintain an accurate daily treatment log of work activities and chemicals applied in treatment areas per contract, with a copy made available to the COR at billing or upon request. At a minimum, the Contractor shall provide to the COR, a copy of the daily treatment log no later than upon submission of the final invoice. When invoicing for partial work payments, the Contractor shall provide information from the daily

COMMERCIAL ITEMS AG-52B1-S-17-0021

NNIS - Boone Creek diary regarding the herbicide treatments done for the relevant specific contract line items. The daily log must record the Contract Line Item, target NNIS species’, chemical used (product name), quantity of herbicide (volume applied & unit of measure per each target NNIS species’ –including product and carrier/dilutant), application rate (active ingredient applied & unit of measure or percent solution), and adjuvant used (product name & rate applied, if any). The log will record weather information consisting of wind velocity (MPH), wind direction, air temperature (F), condition (cloud cover), and precipitation (inches). Other log requirements includes date, time of day (start time and stop time), treatment location, approximate acres treated, hours to complete task, type of application (method/technique), name of licensed commercial applicator, other licensed applicators and non-certified applicators, type of equipment used, plus optional information such as any other miscellaneous notes or observations.

Equipment Cleanliness

Prior to starting work, the Contractor must clean all equipment used in NNIS control activities before entering the treatment areas. Project COR will inspect equipment on-site and may require further cleaning before moving to another treatment area as needed. Equipment must also meet FS fire and safety requirements.

Cultural Resources If artifacts or cultural materials are discovered during project implementation, cease work and notify the COR, and the heritage resource specialist at 812-276-4748. If human remains are discovered, cease work, notify the COR, the heritage resource specialist, and secure the area.

Licensing and Certification

The Contractor and/or whoever will supervise the herbicide treatment must possess a current Indiana commercial pesticide applicators certification and license (category 2) at the time of any herbicide treatments. Most contracts will require work requirements in category 2 (Forest Pest Management), which is applicable for all treatments on the Forest.

The Contractor must also possess a current Indiana Commercial Pesticide Business License. Information on Indiana pesticide certification is available at http://www.isco.purdue.edu/.

The Contractor, or subcontractor, shall ensure that there is either an Indiana pesticide licensed applicator on-site at all times of treatment or registered technicians that are in direct voice communication by telephone or radio with the certified supervisor.

Inspections

The Contractor may set up the Work Plan and Schedule to include interim inspections; however, interim inspections will only be done upon completion of at least one line item (CLIN). The Contractor shall complete the CLIN work according to the approved Work Schedule then request an inspection by the COR. Contractors are reminded that some work, such as herbicide application, cannot be immediately inspected, because an appropriate time interval must pass before determining whether the AQL has been met.

Invoicing

Invoicing is tied to successful inspection of work. The Contractor may only invoice after the COR has inspected the line item(s) work and the work is determined to have met the AQL. This applies to both interim and final payments.

http://www.isco.purdue.edu/

COMMERCIAL ITEMS AG-52B1-S-17-0021

NNIS - Boone Creek Safety Plan

The Contractor will provide a written safety plan that demonstrates how the contractor will ensure a safe work environment for themselves, their employees. The safety plan should include: 1) a chemical spill plan documenting internal procedures, in the event of a pesticide spill on-site or in transport, 2) documentation to substantiate that the Contractor has an ongoing safety training program, 3) documentation regarding any Occupation Safety and Health Administration (OSHA) actions/citations issued against the Contractor within the previous three (3) years, to include follow-up measures or remedies taken by the Contractor. The same safety plan information is required of subcontractors.

ATV/UTV Use

Wet weather conditions may preclude the use of vehicles and all-terrain vehicles (ATVs), utility terrain vehicles (UTVs) or off-highway vehicles (OHVs) in off road areas along trails or fields for indefinite periods or possibly the entire area at certain times of the year. The COR will determine those conditions or locations that warrant cessation of vehicle or ATV/UTV/OHV use.

Contract Line Item Treatment Categories:

Foliar Herbicide Treatment Category - Herbaceous Flowering Plants, Grasses, and Vines/Semi-woody Vines: Open Land NNIS and Roadside Grasses – (Non-selective Herbicide and/or/in combination with Selective Herbicide):

Contractor shall apply foliar herbicide in specified locations and times as identified. Typically, work done in these areas is for treatment of smaller scattered infestations and/or NNIS populations that are interspersed with desirable native plant species. Work done in these areas is in selected areas of infestations of NNIS where herbicide use could occur throughout the year. However, if the SOW includes treatment in grasslands, some areas may have restrictions prohibiting herbicide application from April 1st to July 31st to avoid direct effects on ground nesting birds.

Contractor will apply herbicide at a sufficient interval and concentration to meet or exceed the kill rate on target NNIS infestations and not exceed the maximum specified mortality to non-target plant species as indicated on SOW. As indicated, most treatments would occur in grassland areas or along trails and roads in either groups or singular infestations. Because species in this line item category exist primarily in a monoculture or isolated individuals and groupings the potential for harmful overspray is on the periphery of the treatment areas.

Depending on the location, extent and size of the infestation, the contractor may use either backpack sprayers and hand techniques and vehicle or ATV/UTV/OHV mounted sprayers to apply herbicides in old fields and openings. Other work will occur mainly along roads and trails. Foliar herbicide application will occur only after full leaf expansion.

Typically, the Contractor will apply non-selective herbicide such as glyphosate (Roundup ® or equivalent product) in these NNIS infestations and/or use selective herbicide such as (Plateau ® or equivalent product) for control of tall fescue and other NNIS plants. Another option is to use a combination treatment of both non-selective and selective herbicides to meet the objectives. Other EPA approved herbicides may be acceptable with prior approval of the COR.

Interior Forest and/or Trailside Grass NNIS - (Selective and/ or Non-selective Herbicide):

Contractor shall apply foliar herbicide in specified locations and times as identified. This work is for spot-spraying treatments of small infestations using backpack sprayers and hand techniques. Typically, foliar

COMMERCIAL ITEMS AG-52B1-S-17-0021

NNIS - Boone Creek application will occur early in the spring or late fall when most native plants are dormant. For small but dense infestations, work in these areas could occur throughout the year. Generally, this spot treatment would occur within 1000 feet of roads, trails, openings, and in riparian areas or as specified in the SOW.

Contractor will apply herbicide at a sufficient interval and concentration to meet or exceed the kill rate on target NNIS infestations and not exceed the maximum specified mortality to non-target plant species.

Typically, for most work, the contractor will apply selective herbicide such as sethoxydim (Poast ® or equivalent product). Contractor may apply non-selective herbicide such as glyphosate (Roundup ® or equivalent product) in some dense NNIS infestations as indicated in the SOW. Where appropriate near streams, the Contractor shall apply the aquatic formulation of glyphosate (Rodeo ® or equivalent product). Other EPA approved herbicides may be acceptable with prior approval of the COR.

Definitions:

1. 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.

2. 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.

3. Forest Service Inspector: A Forest Service employee designated by the Contracting Officer or COR to perform surveillance of contractor performance.

4. Acceptable Quality Level (AQL): A suitable level of conformance based on an established percentage of defects.

5. Quality Assurance: Those actions taken by the Forest Service to assure services meet specified requirements.

6. Quality Control: Those actions taken by a Contractor to control the performance of services so that they meet the specified requirements.

7. Performance-Based Service Contract (PBSC): A contract which incorporates a results-oriented statement of work, describing the overall work to be accomplished (outcome/result), rather than explicitly describing how the tasks should be performed, to accomplish the work.

COMMERCIAL ITEMS AG-52B1-S-17-0021

Performance Work Statement and Quality Assurance Plan:

Contract Line Item No. –

Work Requirement Task / Critical Sub-tasks Inspection requirements *Acceptable Quality Level (AQL) Monitoring Method

Open Land and/or Roadside NNIS

Contractor will apply foliar herbicides in a systematic fashion to provide coverage to the entire NNIS infestation(s) according to the specifications on the Statement of Work. Typically, this spot treatment and/or selective herbicide spraying would occur in old fields or smaller grassland opening & roadsides where NNIS are interspersed with desirable native plants.

At least 90% of target NNIS infestation(s) treated.

No more than 10-15% mortality to nearby or interspersed desirable non-target native plant species.

AQL determinations are made by the COR upon inspection of the work.

These determinations are unilateral and not protestable

Minimum 85% kill of target NNIS infestation(s)

AND

Less than 15% mortality to non-target plant species’; or values specified on the SOW.

Visual

Interior Forest and/or trailside grass NNIS

Contractor will apply foliar herbicide to control smaller NNIS infestation(s).

Generally, this spot treatment would occur within 1000 feet of roads, trails, and openings or as specified in the

SOW.

At least 95% of target NNIS infestation(s) treated.

No more than 10-15% mortality to nearby or interspersed desirable non-target native plant species.

AQL determinations are made by the COR upon inspection of the work.

These determinations are unilateral and not protestable

Minimum 90% kill of target NNIS infestation(s)

AND

Less than 10% mortality to non-target plant species’; or values specified on the SOW.

Schedule (non-Line Item)

Timely Completion of the contract work

Per the Work Schedule, the Contractor will complete all work prior to the contract end date.

AQL determinations are made by the COR upon inspection of the work.

These determinations are unilateral and not protestable

All work must be complete by the end date of the contract and meet the AQL.

*Meeting the AQL for Line Items: Exceeding the specified mortality value to non-target desirable plants, will result in the Contractor(s) not meeting all elements of the AQL values and not receiving payment. Contractor(s) must reapply the required herbicide, or mechanical work, at their expense upon failure to meet AQL values at the final inspection for each contract line item where the work performed failed to reach the minimum acceptable target kill ratio of the NNIS infestation(s).

COMMERCIAL ITEMS AG-52B1-S-17-0021

Statement of Work and Project Specifications for BOONE CREEK / Mill Timber Sale:

General Requirements:

The initial draft specific Work Plan and Schedule will indicate how the Contractor intends to meet the required Acceptable Quality Level (AQL) values, as well as the contract specifications, within the time allotted. The Work Schedule will provide dates of work for each Contract Line Item Number (CLIN) addressed, to include completion of all work before the required final date specified. The Contractor shall inform the COR of completion of each contract line item.

Upon issuance of the contract, the Contractor will then submit a final site-specific Work Plan and Schedule, including any changes in values or proposed chemical differing from the initial Work Plan for approval by the COR. The Contractor will inform the COR of any relevant changes to the technical specifications when performing work under the contract. The contractor will submit a Work Plan and Schedule, which optimizes the effectiveness of the foliar application for each target NNIS species as specified by the individual Contract Line Item Numbers (CLIN).

As specified, the contractor will complete a daily dairy with information requested for each contract line item (CLIN) and provide a copy to the COR no later than with the final invoice.

The performance period for the Boone Creek Lespedeza contract line items (CLIN) is approximately 4 months beginning on June 1, 2016 and concluding on September 30, 2016, upon issuance of a Notice to Proceed. The performance period is inclusive of the time required for the contractor to submit all technical documentation, as well as the time for Forest Service review and subsequent approval of all required technical submissions.

The Sericea lespedeza contract line items (CLIN) are to be treated twice during the contract time frame. The times of treatment are to be done at the times most optimal for control. The foliar herbicides applied can be different for the two treatment times. Please provide a description of when, and with what herbicides, the infestations will be treated in the initial draft Work Plan. Use of ATV/UTV/OHV and other equipment is allowable.

Open Land and/or Roadside NNIS – Boone Creek and Mill Timber Sale Treatment Area: Sericia lespedeza (Lespedeza cuneata) treatment along a road and throughout wildlife openings as indicated on the attached maps. Work should occur at the appropriate time for optimum effectiveness during Spring and Summer 2017. The use of spot spraying techniques will be necessary to avoid damage to desirable native species. However, broadcast applications can be made in monocultures of lespedeza if no damage is caused to desirable native vegetation. A knowledge of the local flora will be necessary in order to discern between the invasive species and the desirable native plant species.

Interior Forest and/or trailside NNIS - (Selective and/ or Non-selective Herbicide):

-Optional Line Item Boone Creek: Contractor shall apply one foliar herbicide treatment to Japanese stilt grass (Microstegium vimineum) along a fire line and in interior forest areas as specified on the attached maps. This work is for spot-spraying treatments of small infestations using utv’s, backpack sprayers, and hand techniques. Foliar application will occur during the summer of 2017 while stilt grass is actively growing. The project area lies within a designated Hoosier National Forest Special Area that contains rare plant species. The control work occurs adjacent to a wildlife opening, along a roadside next to a stream, along prescribed fire control lines, and interior forest areas. Target NNIS plants occur in scattered individuals or clumps and in combination with desireable native species. Careful application of herbicides and minimizing any inadvertent harm by possible overspray or equipment use is necessary to provide protection to existing desirable native plants.

COMMERCIAL ITEMS AG-52B1-S-17-0021

As in prior years’, because of the potential for possible inadvertent harm or death to both desirable and rare plant species during herbicide application and when operating equipment, it is critical that herbicide applicators have good plant identification skills and experience in performing similar work for those personnel working on this specific contract.

Period of Performance: 1 June 2017 through 30 September 2017

The optional line item may not be exercised due to available funding and is at the sole discretion of the Government.

CONTRACT CLAUSES

FAR 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (JAN 2017)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JAN 2017)

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

(1) 52.203-19, 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)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78

(19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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COMMERCIAL ITEMS AG-52B1-S-17-0021

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.21 9-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

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

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

2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

__ (13) [Reserved] _x_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15

U.S.C. 657 f).

_x_ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

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

_x_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

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COMMERCIAL ITEMS AG-52B1-S-17-0021

_x_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

_x_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

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

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673)(Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016) __ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items

(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(JUN 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693)

__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and

13514).

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

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s

13423 and 13514).

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

_x_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693) __ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693) __ (47)(i)52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

_x_ (48) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

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COMMERCIAL ITEMS AG-52B1-S-17-0021

__ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103- 182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

__ (50) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_x_ (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013)

(31 U.S.C. 3332).

__ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management

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

__ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

__ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.] _x_ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_x_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

_x_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment

(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

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