AG-6395-S-10-0008.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

APHIS-ASD-ESB-6395

Minneapolis MN 55403 100 N. 6th Street, Suite 510C

USDA, APHIS, ESB

CODE 16. ADMINISTERED BYCODE

X

X

115310

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR

APHIS-MRPBS-ASD-6395

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

01/20/2010 1500 CT

12/15/2009

612-336-3404NATHAN JOHNSON

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-6395-S-10-0030

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEM 1. REQUISITION NUMBER PAGE OF

1 71OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

MINNEAPOLIS MN 55403

100 N 6TH STREET

Butler Square, 5th Floor ASD Procurement Branch

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$7.0

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

HUBZONE SMALL

BUSINESS

EMERGING SMALL

BUSINESS

8(A)

USDA APHIS MRPBS

Sole Source

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Tax ID Number:

DUNS Number:

ALB Treatment throughout the State of Massachusetts

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDEND

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

OFFER

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS

NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 3/2005) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

712 of

SECTION B – Price Schedule

The Government intends to award multiple Indefinite Delivery Indefinite Quantity (IDIQ) contracts. It is anticipated that the task orders will be firm fixed price with payment on a per tree or DBH basis as appropriate.

This firm fixed price will include all overhead, labor, material, and profit.

In order to achieve price competition in selecting contractors all offerors shall submit a price schedule for a base plus four years detailing the various labor categories and materials needed to perform the tasks detailed below. Labor rates shall be fully burdened (i.e., include all overhead). These prices represent the labor ceiling prices for the specific year subject to adjustment per 52.216-4 Economic Price Adjustment Labor and Material (allowing up to a 10% adjustment to labor and material prices based on actual costs) and 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (allowing adjustment to labor rates due to changes in the Service Contract Act). Materials not identified in this base schedule that are found by the Government and the Contractor to be needed later in performance may be added by negotiation (e.g., if a new ALB treatment method is approved prices for the new materials and equipment may be added via negotiation).

The maximum award amount (combination of all task orders issued to all contractors) is $25,000,000.

The minimum guaranteed amount (the lowest amount awarded to any one contractor) is $5,000

Task orders and solicitations may be issued via mail, facsimile, or electronic methods (i.e., email)

SECTION C – 2010 Statement of Work (SOW) for Chemical Treatment Applications for Massachusetts

TABLE OF CONTENTS

SECTION B – Price Schedule SECTION C – 2010 Statement of Work (SOW) for Chemical Treatment Applications for Massachusetts

C1. Background C2. Scope of Work C3. Task Orders C4. Contractor Qualification Requirements C5. Post Award Conference and Preparation C6. Contractor Performance Requirements C7. Contractor Quality Control C8. Failure to Perform C9. USDA Quality Assurance C10. Contractor Liability C11. Contractor Employee and Equipment Requirements

Revised: 12/15/2009

C12. Notification of the Public Prior to Treatment C13. Treatment Protocol C14. Access Issues into Private Property C15. Soil Injection – Approved Formulation, Application Method, and Rate of Application C16. Treatment Procedures for Pressurized Trunk Injection C17. DBH Measurement, Standard and Special Requirements for Japanese Maples C18. Precautions / Public Relations C19. Record Keeping and Reporting C20. Government Furnished Trunk Injection System and Basal Soil / Soil Drench Meters C21. Government Furnished Personal Digital Assistants (PDAs) C22. Texting While Driving C23. Definition

SECTION D – Packaging and Marking SECTION E – Inspection and Acceptance

52.246-4 Inspection of Services—Fixed-Price (Aug 1996) SECTION F – Deliveries or Performance SECTION G – Contract Administration Data

Contract Minimum and Maximum Invoicing and Payment Information Contracting Officers Representative

SECTION H – Special Contract Requirements 452.215-73 Post-award Conference (Nov 1996) 452.228-71 Insurance Coverage (Nov 1996) Alternate I (Nov 1996) 52.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996) 452.237-74 Key Personnel (Feb 1988)

SECTION I – Contract Clauses 52.204-4 Printed or Copied Double-Sided on Recycled Paper (Aug 2000) 52.211-18 Variation in Estimated Quantity (Apr 1984) 52.215-23 Limitations on Pass-Through Charges (Oct 2009) 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997) Alt 1 (July 1995) 52.245-1 Government Property (June 2007) 52.245-9 Use and Charges (June 2007) 52.212-4 Contract Terms and Conditions—Commercial Items 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Items 52.216-4 Economic Price Adjustment—Labor and Material (Jan 1997) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.252-2 Clauses Incorporated by Reference (Feb 1998)

SECTION J – List of Documents, Exhibits, and Other Attachments SECTION K – Representations, Certification, and Other Statements of Proposers

52.212-3 Offeror Representations and Certifications—Commercial Items SECTION L – Instructions, Conditions, and Notices to Proposers

52.215-22 Limitations on Pass Through Charges – Identification of Subcontract Effort (Oct 2009) 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999) 52.222-46 Evaluation of Compensation for Professional Employees 52.212-1 Instructions to Offerors—Commercial Items (June 2008) 52.216-27 Single or Multiple Awards (Oct 1995) 52.237-1 Site Visit (Apr 1984) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

SECTION M – Evaluation Factors for Award 52.217-5 Evaluation of Options (July 1990) 52.212-2 Evaluation—Commercial Items (Jan 1999) Items Required to be Submitted for Award

***The only treatment method approved for use in Massachusetts is trunk injection. Any reference to soil injection or soil drench included in this statement of work is for informational purposes only.***

C1. Background

The United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), in conjunction with the State of Massachusetts (MA), is planning a program to apply a systemic insecticide (Imidacloprid), for the control of the Asian Longhorned Beetle (ALB), Anoplophora glabripennis (Motschulsky). The program is intended to reduce the potential for damage from this significant pest species.

The ALB bores into and kills a variety of tree species including, but not limited to, species of maple, elm, ash, horsechestnut, birch, poplar, and willow. This invasive beetle has the potential to spread across the United States and cause extensive loss to ornamental and commercial tree species. As a consequence, the Secretary of Agriculture has declared an emergency, committed resources to eliminate the ALB, and pledged to restore urban forests.

C2. Scope of Work

The USDA intends to chemically treat ALB host trees located in portions of the ALB infested areas in the Massachusetts counties of Worcester. This contract covers the entire state of MA and the USDA reserves the right to add and/or remove treatment areas as deemed necessary.

The Contractor shall provide all personnel, labor, supervision, supplies, equipment, and materials required to apply pesticides for the control of ALB, in accordance with this Statement of Work (SOW) and contract. The task order prices shall include all costs associated with the performance of all work issued against this contract for the control of ALB in the State of Massachusetts, including but not limited to, furnishing and transporting personnel and equipment, materials (including insecticides) necessary to chemically treat trees on public and private property, insurance, licenses, permits, fees, tolls, general and administrative, and other such costs required to perform the services specified herein. Any costs that the contractor may incur in replacing employees for poor performance or due to employee personal situations will not be charged to contract costs. The Contractor is also responsible for obtaining access rights and work permits for nonresidential properties as required. Such properties include, but are not limited to, schools (public and private), railroads, public utilities, and highways. These permits and permissions must be obtained in a timely manner, usually prior to the treatment work order period, to ensure adequate time for training and processing. It is important to note that obtaining access rights to railroads can be a lengthy process. Therefore, attempts to obtain these rights should begin immediately following contract award.

It is anticipated that treatments of all host trees identified within this SOW will be applied during the spring. All treatment shall be scheduled for Monday through Saturday. The program anticipates that the start time will be 7:00 a.m., with actual applications commencing by 7:30 a.m. and concluding at 6:30 p.m. Starting and ending times may be changed, for both appointments and routine application hours, as agreed upon by the COR and the Contractor Representative (CR). The time of the last daily application should normally be no later than ½ hour before the end of the work day. Agreed upon scheduled appointments may fall outside the routine application hours. All work hours are daylight and weather permitting. All work hours are daylight permitting. Unpaid lunch breaks will be 30-45 minutes long (or more if necessary up to 1 hour) to secure and consume lunch and will be coordinated in the field between the Contractor and USDA. The lunch interval is to be scheduled within the 11:30 a.m. to 1:30 p.m. time frame.

Currently we estimate treatment anywhere between 5 and 70 thousand trees with a projected start dates in the middle of April each year.

Maps of each treatment area will be provided as task orders are issued. A sample map showing the core treatment area of 5 thousand trees has been included as an attachment to this work statement.

In no event shall the failure of the Contractor to visit these treatment areas and consider general and local site conditions prior to submitting their proposal be grounds for a claim or price adjustment after award.

C3. Task Orders

The delivery and management of work under this contract shall be through the issuance of task orders from the Contracting Officer (CO) against the base contract. Requests for quotes and task orders may be issued via mail, facsimile, or through electronic methods (i.e., email).

Competition amongst awardees will occur in accordance with FAR 16.505

Task orders will be managed by the Contracting Officer Representative (COR) or the Contracting Officer Technical Representative (COTR), as authorized. Individual task orders will include specifics regarding treatment zones, approximate locations of host trees, estimated number of trees, estimated total DBH, treatment area maps, and other pertinent information. Daily and/or weekly work progression will be scheduled by the USDA in consultation with the Contractor. USDA will determine when a work order is closed.

The Contractor must provide the USDA with the necessary documentation to support invoiced line items to receive payment.

C4. Contractor Qualification Requirements

See Section M for a complete list of qualifications and items required in order to submit a proposal.

The Contractor shall meet the following minimum qualification requirements.

Minimum Skills and Experience

1. A valid pesticide applicator’s license for the State of Massachusetts.

2. All licenses, registrations, and permits required by the State of Massachusetts to apply pesticides to soil, trees, etc.

3. Bonded and insured at the minimum levels established by the State of

Massachusetts, or by the Federal Acquisition Regulation (FAR), whichever is higher.

4. Minimum 3 years of arboriculture experience.

5. Prior commercial contracts performing application of soil injection, soil drench, and/or trunk injection treatments for trees within the last 3 years.

6. At least one full time arborist certified by the International Society of

Arboriculture, employed on a full time basis, and dedicated to work onsite for the duration of the contract.

7. There must be one category 36 certified pesticide applicators for every 4 applicators in each contract area for the duration of the contract as part of the applicator crews. Work shall not be delayed due to the lack of certified applicators available to treat schools and other properties that require a certified applicator.

8. The Contractor must train all field personnel engaged in applications or supervision for this contract to identify ALB host material. The USDA maintains the right to review the training materials used by the Contractor and make suggestions for improvement. Materials will be submitted to USDA upon request.

In addition, the USDA has the right to attend any training hosted by the Contractor. The Contractor shall notify the USDA COR of training dates two weeks in advance.

****All field personnel must be able to identify sugar maples and distinguish them from other maples****

9. All field personnel must pass a host identification test created by USDA with a score of 90% or better.

10. All Contractor applicator personnel will be trained and certified to conduct treatment using all methods included in this SOW.

11. If there are identified rail road lines and other transportation locations in the treatment area, safety training or clearance for access must be accomplished before the start of treatment activities. Insurance or security bonds for applications must be secured before application. The contractor is responsible for tracking safety personnel as required, including but not limited to flaggers and lookouts. This may be accomplished by using contractor personnel or if required rail road authorized staff. The contractor is responsible for all associated costs for this staff.

12. Contractors shall ensure that employees and subcontractors have passed a standard commercial background check prior to conducting work for the program.

C5. Post Award Conference and Preparation

The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. Post award preparation shall be completed before ALB control treatments can be started. These formalities include approval of employee identification, uniforms, marking of vehicles, and inspection of equipment. Post award preparation shall be completed prior to the issuance of the first work order.

C6. Contractor Performance Requirements

The Contracting Officer (CO), Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the CO or COR will apprise the Contractor of how the government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. The Contractor shall also notify the Contracting Officer (in writing) of any work requested that the Contractor considers over and above the requirements of the contract.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

The goal of this contract is to chemically treat all the Asian Longhorned Beetle host trees within the USDA designated treatment area as detailed in this SOW within the designated time frame. After award and prior to the start of the contract, USDA shall provide available information for host trees within treatment areas, detailing the property address, tree species, tree DBH, and other applicable information. Additional properties and trees may be added during the contract period as additional treatment releases (permissions) are received or obtained from residents. ALB program staff shall accompany the treatment crews in the field throughout the treatment process to facilitate any issues that would delay the treatment process and/or jeopardize the success of treatment applications. The USDA will record all treatment data and shall assist the Contractor in locating host trees and gaining access into difficult to access properties.

ALB program staff and the Contractor shall work together to ensure that all host trees within the USDA designated treatment areas are treated with the appropriate application method. The Contractor shall correctly identify, treat, and then mark all treated host trees with an approved USDA marker to indicate that treatment has been completed. It is essential that only host material receives treatment. The Contractor shall ensure proper identification of trees and shall take corrective action if treatment of non-host material occurs due to improper tree identification. There will be no payment for non host trees treated by the contractor.

The USDA COR/COTR shall issue work orders to identify the work progression. USDA shall coordinate with the Contractor the daily production and progression to ensure the timely and effective treatment of all host trees as identified within this SOW. The USDA will provide the Contractor with the number of program personnel available to monitor the work. The Contractor should anticipate having a minimum of one program representative with each applicator team. The Contractor is responsible for the pesticide application to all host trees within the area designated by the work order.

C7. Contractor Quality Control

The Contractor shall develop and maintain an effective pro-active quality control program to ensure services are performed in accordance with this SOW. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor shall ensure management oversight and supervision, training to employees (including subcontractor employees), error-free work, early problem detection and corrective actions, increased productivity and efficiency, and superior public relations. The Contractor shall provide the USDA with daily quality control field observations. This report should include any problems identified and corrective actions taken. The Contractor shall submit a copy of the Quality Control Plan to the COR two weeks prior to the start of treatment for review and approval.

C8. Failure to Perform

Chemical treatment of host trees protects trees from becoming infested with ALB.

Failure to properly treat 100% of the host trees within the USDA designated treatment areas provides host material for ALB populations to continue to survive and the time line for the eradication program to be extended. Each year the program is extended requires additional resources applied toward survey, control, and regulatory activities and increases the potential for failing to eradicate this invasive insect from the United States.

If the USDA determines that the Contractor is not meeting the requirements set forth in this contract, the government may temporarily stop all work being performed until the Contractor can rectify the problem or require the Contractor to re-perform the work at no additional cost to the government. The Contractor program manager must meet with field supervisors and applicators to rectify the situation. USDA reserves the right to observe such meetings. The Contractor will be held to original time period designated in any current work order.

C9. USDA Quality Assurance

USDA staff will be monitoring treatment operations in the field on a daily basis. They will be available to assist the Contractor in resolving contractual, technical or property access problems encountered by the Contractor during the delivery of the contract. The government will evaluate the Contractor’s performance and record surveillance observations. The Contractor will be presented with a daily performance report. The COR, COTR, or designated APHIS representative will require the Contractor’s project manager, or representative on site, to initial the report. When an observation indicates defective performance, the initialing of the report does not necessarily constitute concurrence with the observation, only acknowledgement that they have been made aware of the defective performance. When an observation indicates defective performance, the Contractor shall immediately incorporate corrective actions into their quality control system, provide training to the employee responsible for the defective performance, and/or replace the employee. Should the problem employee need to be replaced, the contractor will be responsible for the return transportation costs for the employee and the initial reporting transportation costs for the replacement employee.

The COR and COTR monitor all technical aspects of the contract and assist in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements including Government drawings and specifications, monitor Contractor's performance and notify both the Contracting Officer and Contractor of any deficiencies. A full description of the COTR/COT duties can be found in Section G.

To assure proper coverage and uniformity of application, government calibration checks will be conducted on all equipment prior to the issue of the first work order and anytime during the course of the contract when there is a reason to believe that the equipment is not functioning properly. USDA reserves the right to require additional calibrations, checks, and inputs as required during the period of performance.

C10. Contractor Liability

The Contractor is liable for any damages, losses, or injuries to people, property, vegetation, or animals which occur directly or indirectly from work performed by the Contractor and their subcontractor’s under this contract. For the purpose of this contract, indirect damages include, but are not limited to, damage to other plant materials and killing of non-host plants, shrubs, and trees near the treated host. This could, for example, occur during soil injection when roots of surrounding plants come in contact with soil injection area.

When remediation to a property is required due to incorrect application or unauthorized application, the entire cost of the remediation will be borne by the contractor.

The Contractor shall have and maintain insurance at the minimum levels specified herein (see 452.228-71 Insurance Coverage) throughout the effective period of performance of the contract. A certificate of insurance shall be provided by the insurance company demonstrating proper insurance coverage for the contract and properly endorsed with USDA as the certificate holder.

The Contractor shall immediately notify USDA COR and Contracting Officer of any damage, loss, or injury occurring during the effective period of performance of the contract. Each instance shall require an insurance claim, when in the judgment of the COR, corrective action can not be completed within 48 hours of the occurrence to the satisfaction of the COR and property owner or injured party. When in the judgment of the COR, an insurance company claim needs to be filed, the Contractor shall file the claim within 24 hours of receipt of the notification to file an insurance claim from the COR. Corrective action shall be completed within 2 weeks thereafter unless an extension of time is authorized by the COR and is acceptable to the property owner or injured party. The Contractor, or the Contractor’s insurance company, shall provide a written notice to the COR and Contracting Officer, explaining the corrective action and showing the property owner or injured parties acceptance of the corrective action taken.

The notification shall be on letterhead and include the Contractor’s policy number, claim number, Contractor’s name and address, contract number, work order number, location, claimant’s name and address, brief description of loss, damage, or injury, date of occurrence, corrective action taken, and acceptance by the property owner or injured party.

C11. Contractor Employee and Equipment Requirements

The Contractor shall designate a Project Manager for overseeing all contracts and a Contractor’s Representative and Contractor Field Supervisors for each contract area.

The contractor shall ensure that there is an adequate number of field supervisors to allow for proper supervision of all injector crews. A crew may consist of an applicator and field assistants as needed. The Contractor will define their respective roles, responsibilities, and delegation of authority on the contract in their detailed work plan.

USDA shall not pay the travel costs for replacement of unacceptable staff or emergency staffing changes.

Contractor Field Supervisors shall be present in the field (in close proximity to the actual work being performed rather than a remote office location) in each contract area at all times while work is being performed and maintain direct contact with their pesticide applicators during the period any work ordered by USDA for treatment and control of ALB in Massachusetts is being completed. The Contractor’s Representative shall be present in the field as administrative duties permit. The Project Manager, Contractor’s Representative, or authorized designee shall remain available to the USDA COR/COTR by cellular phone twenty-four hours per day during active field operations. The Contractor’s Representative and/or Contractor’s Field Supervisor and the COTR will coordinate when and where each of the applicators will be working before the start of the work day. This may be accomplished at the conclusion of the previous work day or via a weekly schedule; the Contractor’s Representative and/or Contractor’s Field Supervisor and the COTR will determine when this coordination will occur. The Contractor’s Representative and/or Contractor’s Field Supervisor will inform the COTR when individual trucks or applicators have completed their assignments for the day and request additional work or permission to release the crew(s) from the work site. State of Massachusetts guidelines regarding pesticide applicator supervision must be followed.

The Contractor shall require each employee (including subcontractor employees) to visually display a photographic identification badge. The badge placement on each person shall be consistent and it shall be readily visible to another individual. The badge shall be worn at all times during working hours. The badge shall display the Contractor’s company name and phone number, “Asian Longhorned Beetle Cooperative Eradication Program,” and the employee’s full name and full facial image.

The Contractor shall also require all employees, as well as subcontractors, to wear a uniform clearly identifying them as working for the Contractor. The uniform shall be readily visible at all times to another individual. All employees working on this contract shall portray a positive image (in dress, mannerism, actions, and speech). Uniforms and IDs will be approved by USDA. The Contractor shall submit in their technical proposal a description and image of the uniform and a sample of the ID.

Contractor applicators must possess the required training and licensing as required by the Massachusetts Department of Agricultural Resources (MADAR) and Massachusetts Department of Conservation and Recreation (MADCR). Contractor applicators must demonstrate knowledge of and ability to identify woody tree ALB host species in Massachusetts. All Contractor field personnel providing services under this contract must be able to identify host species by common name in both winter stage and foliated.

The Contractor must have all appropriate equipment available for treatment. Adequate back ups of equipment including, but not limited to, soil injection/drench wands with and without kick plates, ArborJet injectors, battery operated drills, drill bits, charged batteries, chemical, and personal protective equipment must be available. There should be 1 back up ArborJet unit for every 2 injectors. Prudent preventative maintenance should minimize delays due to equipment malfunction. Malfunctioning equipment shall be removed from service and replaced with a working unit, or may be repaired and returned to service if the problem can be corrected within 2 hours. Work shall not be unduly delayed due to malfunctioning equipment.

The Contractor will assign 2 personnel to perform tree trunk injections using the EcoJect System (manufactured by BioForest Technologies, Inc) during the entire contract or a portion thereof, as determined by the COR. BioForest will provide all equipment including the injection capsules and tips, a capsule refill station and initial training on the device. The Contractor will supply other appropriate equipment including electric drills and drill bits as well as the pesticide formulation. Additional technical help and support will be provided by personnel from APHIS's Otis Methods laboratory. Treatments using the EcoJect device will continue as long as operational efficiency is being demonstrated.

If EcoJect applications are terminated by the COR, Contractor personnel can be reassigned to other appropriate work within the contract.

The USDA as an agency of the Federal government is a self-insured entity. The Federal Tort Claims Act (28 U.S.C. 1346(b), 2671 et seq) is the legal mechanism for compensating persons injured or property damaged by a negligent or wrongful act of a Federal employee, when committed within scope of their employment. Employees of the USDA are Federal employees and are covered by the Federal worker’s compensation insurance if injured while in the performance of their duties.

The Contractor shall have 2 signs secured to every vehicle used during the performance of this contract. Signs shall be of professional quality, clearly legible at 20 ft, and with green lettering on a white background to read as follows:

ASIAN LONGHORNED BEETLE COOPERATIVE ERADICATION PROGRAM

USDA, ANIMAL AND PLANT HEALTH INSPECTION SERVICE

MA DEPARTMENT OF CONSERVATION AND RECREATION

MA DEPARTMENT OF AGRICULTURAL RESOURCES

1-866-702-9938

The Contractor’s vehicles shall be clearly marked as to identify the vehicle as being a part of the Contractor’s fleet. Commercial vehicles used by the Contractor must have appropriate commercial plates and abide by Massachusetts vehicle regulations.

C12. Notification of the Public Prior to Treatment

USDA Notification Requirements:

The Contractor shall notify all residents and businesses in the treatment areas via a written notice (door hanger) approved by USDA. The Contractor is responsible for reproduction and distribution of the written notice. All properties within the treatment area shall be notified via this written notice of potential treatment regardless of the host status of the property. The door hangers will be provided by the contractor. The language on the door hanger shall be approved by USDA in advance of public distribution.

Public notification to all residents and businesses in the treatment area must be completed no later than 48 hours prior to the commencement of chemical treatments.

The Contractor will not be paid for any trees treated prior to the 48 hour lapse period. In addition to the minimum 48 hour general public notification via door hangers, the contractor shall notify local community boards, local poison control, local hospitals, police, schools (public and private), etc within the treatment area prior to the start of treatment. Notification to local communities via the chief elected officials will be made in writing a minimum of 14 calendar days before actual commencement of treatment applications and include at a minimum the following information, 1- company name, 2-local company telephone contact number, 3-name and telephone number of contract project manager, 4- Labels for each chemical to be applied, 5- anticipated dates of operation within the community board jurisdiction. The contractor may be required to attend pre- treatment community board meetings with program officials if needed.

Written confirmation of community board notice will be provided to the USDA prior to commencement of treatment application. Notification to locally elected government officials will be handled by USDA through a general news release prior to treatment.

The Contractor shall notify the COR, or designated COTR, in writing immediately upon completion of the notification in a scheduled treatment zone specifying the date and time of completion.

Massachusetts Department of Agricultural Resources and Massachusetts Department of Conservation and Recreation Requirements:

In addition to USDA notification requirements, the Contractor shall be required to meet Massachusetts Department of Agricultural Resources (MADAR) and Massachusetts Department of Conservation and Recreation (MADCR) regulations as they apply to the chemical treatment application for ALB. This includes the distribution of the appropriate pesticide label(s) to property owners or their representatives for actual treatment properties. Such notification may be accomplished in coordination with door hanger notification only with the concurrence of the MADAR and MADCR. The Contractor is strongly encouraged to contact the MADAR and MADCR. The Contractor shall submit to USDA in their technical proposal the protocol they will follow in meeting these requirements.

Special Notification Procedures for Schools, Day Cares Facilities, and Playgrounds:

For outdoor applications of pesticides:

i. Pesticides cannot be applied on the outdoor property while children are located in, on, or adjacent to the area of pesticide application.

ii. When a pesticide is to be applied outdoors, the school administration, day care center operator, or school child care program operator must ensure that employees pupils or supervised children and their guardians receive standard written notification at least two working days before pesticides are to be applied to the property. Standard Written Notification includes the following information:

o Approximate dates when the application shall commence and conclude;

o Specific location of the application;

o Product name, type and EPA Registration number of the pesticide;

o A Massachusetts Pesticide Bureau Fact Sheet;

o A description of the purpose of the application and o A Massachusetts Pesticide Bureau approved statement describing ways to minimize exposure and precautions to be taken.

This information can be obtained from the pesticide applicator. The notification must also be posted in a common area of the facility at least two working days before the outdoor application is to commence and at least 72 hours after the application. Treated areas will be posted with clear and conspicuous warning signs along the perimeter.

iii. Standard written notification must be posted in a common area of its facility at least two working days before and three days after the outdoor pesticide application. Treated areas will be posted with clear and conspicuous warning signs along the perimeter in accordance with regulations promulgated by the Department of Food and Agriculture governing indoor and outdoor pesticide applications at schools.

iv. A written or electronic record of any pesticide application made at a school in the commonwealth shall be maintained on site for a period of not less than five years, and shall be made available to the public upon request.

v. Only the following pesticide products can be used on outdoor grounds:

o Pesticides used as part of the facility's IPM Plan**;

o Pesticides which are not classified as known, likely or probable human carcinogens;

o Pesticides which do not contain any inert ingredients of toxicological concern; and o Pesticides that are applied for reasons other than purely aesthetic purposes.

(HOWEVER, a municipality can decide to allow the use of pesticides for aesthetic purposes on outdoor grounds).

For indoor and outdoor applications of pesticides All schools, day care centers and school age day care programs must develop and implement an Integrated Pest Management (IPM) plan**. The IPM Plan must be submitted to the Department of Agricultural Resources. Details on how to develop and submit an IPM plan are featured on the DEPARTMENT OF AGRICULTURAL RESOURCES website.

EXEMPTIONS

Five day rule A school is exempt from this notification policy if the facilities are not scheduled to be open for at least five consecutive days after the pesticide application date.

**While the contractor will be responsible for proper notification to all schools, daycare facilities and playgrounds, the USDA will ensure all required IPM Plans are in place.

C13. Treatment Protocol

The Contractor shall apply a systemic insecticide, Imidacloprid, via soil application or trunk injection methods approved by this contract, to all host trees within the treatment area(s) designated on work orders issued under this contract for the control of ALB.

Treatment applications to host species trees shall be performed in an organized method that ensures treatment of 100% of available host material. The Contractor shall ensure 100% treatment of the available host material within each city block or designated program work unit before the treatment team assigned to that location proceeds to the next progression.

Instructions for measuring the diameter breast height (DBH) of host trees are found in the following sections:. C15 - Soil Injection – Approved Formulation, Application Method and Rate of Application; C16 - Treatment Procedures for Trunk Injection; and C17 - DBH Measurement, Standard and Special Requirement for Japanese Maples

The program is responsible for providing information and data about the location of host species within zones/units or city blocks. The Contractor shall cooperate with inspectors in order to treat all host trees within zones/unit/city blocks even if they are not identified in the data records or on the maps. For properties identified as stands or woodlots, the program will assist the Contractor in locating and ensuring the treatment of all host trees. One-hundred percent treatment is defined as all properties with secured written releases being treated or determined as no access, refusal, no host, or not treatable due to various valid reasons. The Contractor and COTR shall identify and concur on the staging area(s) for their treatment teams so that program staff will know where to meet the Contractor crews each treatment day.

Applicators shall physically measure the diameter at breast height (DBH) of each host tree immediately prior to its treatment, and the proper amount of chemical shall be applied based on this measurement in accordance with the contract. Visual estimates or guesses will not be acceptable.

The host trees to be treated under this contract include all species listed below. USDA reserves the right to add or subtract host trees listed for treatment.

• Elm (Ulmus spp.)

• Maple and Box Elder (Acer spp.)

• Birch (Betula spp.)

• Willow (Salix spp.)

• Horsechestnut and Buckeye (Aesculus spp.)

• Mountain Ash (Sorbus spp.)

• Hackberry (Celtis spp.)

• Ash (Fraxinus spp.)

• Poplar (Populus spp.) except for eastern cottonwood

• London Plane Tree and Sycamore (Platanus spp.)

• Mimosa (Albizia spp.)

• Katsura (Cercidiphyllum spp.)

USDA shall provide, at a minimum, available information in the form of a spreadsheet of host trees within treatment areas, detailing the property address, tree species, tree DBH, resident contact information, tree identification number (where applicable), release/access permission information, and area/zone maps with each work order issued under the contract. Transfer of this information to the Contractor may be accomplished using the Contractor’s FTP website or other electronic means as agreed upon by the Contractor and the COR. Updates to the information provided will be presented to the Contractor as available. Treatment sites include, but are not limited to, streets, highways, rail yards, private property, high rise buildings, schools, medians, alleys, parks, woodlots, and marshes. The Contractor is responsible for treating all available host trees within the treatment areas.

A line, approximately 2 inches long, shall be placed lightly by the contractor on every treated tree (once per tree) with a yellow forestry crayon, or other method agreed upon by the COR and Contractor, once treatment has been applied. The mark will only be placed once a tree has been treated; placing marks on trees ahead of treatment is prohibited. Marks shall be placed on the side of the tree most easily seen from the point of access approximately 4 inches off the ground. Marks on signs and placards attached to trees are unacceptable.

Exceptions to this marking rule will be those containerized trees growing in private residential situations where durable marks would be unsightly. To avoid confusion in these situations the Contractor may apply a small flag or easily removable marker to the container to distinguish the treated from untreated plants during the treatment process.

All treated sugar maples will be marked with a permanent tag that has been approved by the USDA.

When possible, applicators should complete the area they are working in rather than another applicator taking their place to reduce the incidence of trees treated twice or not treated at all.

The Contractor shall take special care not to soil or damage the resident’s property during the treatment process and shall leave the property in the same condition as it was upon entry. Contractor should be aware that there may be the need for disposable booties to prevent soiling of floor surfaces, and application equipment may need to be carried in to prevent marring floor surfaces. All necessary spill clean up materials shall be readily accessible.

C14. Access Issues into Private Property

A written release is required for all private trees to be treated. This “Treatment Release” may not be obtained for all private properties located within the treatment area prior to the start of treatments. The master treatment list provided to the Contractor by USDA shall indicate which properties have a “Treatment Release” and the properties for which no release has been obtained. Trees on properties with a treatment release are considered to be “Available Trees.” The Contractor shall not treat any property without a “Treatment Release.”

USDA may continue to receive “Treatment Releases” from property owners/residents throughout the treatment period. If the Contractor is still working within the treatment zone, the Contractor will treat these locations in conjunction with previously issued work. A separate work order may be issued to complete no access properties and these “late release” properties.

The Contractor shall be responsible for treating all available (see above) street, park, and private host trees (with a “Treatment Release”). For private properties (with a “Treatment Release”), the Contractor shall acknowledge their presence to the property owner/resident. If the property owner/resident is not home and the Contractor can access the property, the Contractor shall treat the host trees located on that property.

There are many private properties throughout Massachusetts which are not accessible for entry due to physical barriers (locked gates, dogs, row houses, courtyards enclosed completely by buildings, etc.). USDA will have obtained “Treatment Releases” for many of these properties at the time of treatment or throughout the treatment period. The Contractor shall be responsible to gain access into the property from the owner/resident to treat the host trees located on the property. The program personnel present may assist in gaining access. There may be properties where some trees are accessible and some are not. All accessible trees will be treated by the Contractor. If a location is deemed to be unsafe by the accompanying USDA representative and/or the applicator, the location will not be treated. These properties will be brought to the immediate attention of the COTR and the Contractor’s Representative for final treatment determination.

The Contractor shall attempt to gain access from the resident/property owner to treat private host trees using the following methods:

1. ALB Treatment Notice - delivered to the property/resident in advance of treatment. This notice shall be delivered to every property owner within the treatment area, regardless of host tree status. USDA shall approve the wording of the notice. The Contractor shall reproduce and distribute the notice.

2. Personal Contact the Day of Treatment – The Contractor shall knock on the doors of all property owners/residents for properties that have host trees. The program representative accompanying the Contractor will inform the Contractor of host properties.

With Signed Treatment Release

a. If the property owner/resident is NOT HOME and the Contractor CAN access the tree(s), then the Contractor shall treat the host tree(s) on the property.

i. For properties under treatment without the property owner/resident at home, an “ALB Treatment in Progress” notice alerting the property owner/resident to the treatment in progress shall be left on the entrance door or gate of the property. The Contractor shall remove this notice at the end of treatment. The Contractor shall produce and distribute this notice. The language of the notice shall be reviewed and approved by USDA.

ii. Upon completion of the treatment, the Contractor shall leave a written “ALB Treatment Completion” notice for the property owner/resident. The Contractor shall produce and distribute this notice. The language of the notice shall be reviewed and approved by USDA.

b. If the property owner/resident is NOT HOME and the Contractor CAN NOT access the tree(s), then the Contractor shall leave a written “Notice for ALB Treatment” for the property owner/resident. The notice will provide the property owner/resident with the name and phone number of the USDA in order to schedule an appointment for treatment. The Contractor shall reproduce and distribute this notice as required. The language of the notice shall be approved by USDA. The USDA shall indicate in the treatment records the trees that were not treated on the property due to “NO ACCESS.”

Without a Signed Treatment Release

a. If the property owner/resident is HOME, the Contractor shall attempt to contact the property owner/resident so that they may sign a treatment release.

i. If a treatment release is signed, the Contractor will treat the host trees on the property. The Contractor will retain the signed release and submit to the program representative present or to the COTR at the staging area. The program representative will record the release information in the PDA.

ii.