S-13-0074_ALB_MA_Ground_Survey_pre_sol_draft.docx

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ALB Survey MA Federal contract opportunity
Solicitation number
AG-6395-S-13-0074
Issued by
Department of Agriculture Animal and Plant Health Inspection Service Headquarters Headquarters Administrative Service Headquarterss Division

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S-13-0074_ALB_Survey_Phase_3_area_list.xlsx XLSX spreadsheet
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DRAFT Page 1 of 35

1.0 PRICE SCHEDULE

See Attached Spreadsheet “S-13-0074 ALB Survey Phase 3 area list.”

The program will determine based on the proposals how many option areas to exercise at time of award based on price and available funding. It is anticipated that all option areas will be exercised.

1.0.1 Period of Performance

The approximate period of performance is September 2013 through January 2016

1.1 Evaluation Factors

In this acquisition, the government will obtain best value by using the Tradeoff Process source selection approach defined at FAR 15.101-1; i.e., an approach which permits tradeoffs among cost or price and non-cost factors and allows the Government to accept other than the lowest priced proposal.

Submittal evaluation will occur in accordance with FAR 13.106-2.

Offerors will be evaluated on the following criteria

Price, Past Performance Past performance is a measure of the degree to which an offeror has satisfied customers in the past, and complied with federal, state, and local laws and regulations. Offerors with no past performance information will be given a neutral rating.

Technical Capability Technical Capability consists of four equally weighted sub factors:

Detailed Work Plan
Experience
Key Personnel
Quality Assurance Plan

Technical Capability and Past Performance, when combined, are more important than price.

1.2 Items Required to be Submitted for Award

The following items are required to be submitted in order to be eligible for award.

1) Price schedule

a. Companies are welcome to submit alternate pricing arrangements but MUST complete 1.0 (attachment) and send it as an Excel or other spreadsheet format (e.g., Google Spreadsheets) program

2) Technical Capability

a. Detailed Work Plan: show how you anticipate completing this project

i. Include, at a minimum, a timeline with a list of employees per area and sufficient information to show that the company has the necessary resources available (or a plan on how to get the necessary resources) to complete the survey areas in the times allotted.

b. Key personnel

i. Resumes of Foremen

1. MA Arborists certificates for all Foreman

ii. Resume or c.v. for Project Arborist including ISA certification.

iii. Resume of Project Manager (if separate from Project Arborist)

iv. Table (e.g., Excel, Word) of surveyors including name, years of experience, and/or education.

c. Experience

i. experience conducting pest/disease surveys

d. Quality Assurance Plan

i. Detailed plan explaining how the contractor will conduct quality assurance meeting the minimum requirements of 2.3.8

3) Past Performance

a. Three to five past performance references detailing tree maintenance work (including the use of climbers and bucket trucks). Include

i. Company or agency name

ii. Size of project (in dollars, area, or number of trees)

iii. Point of contact

1. Name

2. Phone number

3. Email address

iv. Brief description of the work

1.3 Proposal Due Date

Proposals are due via email no later than 1500 CST on Tuesday July 23rd to: Nathan.d.johnson@aphis.usda.gov.

Please verify that the Nathan Johnson has received the proposals. Proposals received after this time will not be considered for award.

1.4 Questions

All questions are due via email to Nathan Johnson no later than 1500 CST on Friday July 12th.

Nathan.d.johnson@aphis.usda.gov

2.0 STATEMENT OF WORK ALB GROUND SURVEY WORCESTER COUNTY, MASSACHUSETTS

2.1 INTRODUCTION / BACKGROUND

The Asian Longhorned Beetle (ALB), Anoplophora glabripennis (Motschulsky), currently infests several areas in the States of New York, Ohio and Massachusetts. The ALB bores into and kills a variety of hardwood tree species. This nonnative pest has the potential to spread to other areas of the United States and cause extensive losses to ornamental and commercial tree species. As a consequence, the Secretary of Agriculture has declared an emergency and is committing resources to eliminate ALB and restore the urban forest.

The Asian Longhorned Beetle Cooperative Eradication Program is conducting a tree survey program for the detection of ALB in Worcester County, Massachusetts. The survey requires ground surveyors to thoroughly inspect host trees for signs of ALB infestation on public and private property.

2.2 SCOPE OF WORK

The program’s goal for this survey contract is to detect all ALB infested trees in order to eliminate the infestation as quickly as possible.

There are a total of 66,698 acres to be inspected consisting of 3,147 acres in the base contract with option areas totaling an additional 63,551acres. Option areas are divided into two categories, acreage that has not yet been surveyed and acreage that will be part of the second cycle of survey for eradication. Contract surveyors will be responsible for recording all inspections on PDAs provided by ALB staff. All contractor’s crews will be monitored by program (DCR/USDA) staff.

The times listed to complete the survey are fixed. Days will be calculated in .25 day (2 hour) increments.

Government personnel may conduct surveys within the area at the same time as the Contractor. The areas they survey will be coordinated with the project manager and/or the team foreman to prevent duplication of efforts. However, the Contractor is 100% responsible for completing the survey in the time provided regardless of any assistance from Government survey personnel.

Contractor will be paid for actual days worked. For example if the survey area is 1,000 acres to be completed in 100 days and the contractor finished in 90 days they will be paid for the 90 days.

The completion times listed for each area exclude weather delays and holidays (i.e., holidays and weather delays do not count towards the working day total). The times represent the actual number of days allowed to complete the survey. For example:

If the contractor works for 4 hours it will be calculated as .5 days.

If the contractor works for 10 hours it will be calculated as 1.25 days.

BOY/HOL/SHR base contract area, consists of 3,147 acres located in Boylston, Holden, and Shrewsbury of urban/suburban interface with some woodlots. Mixed use areas include commercial and light industrial properties as well as residential lots of various sizes and some cultivated land. Completion time is 93 working days.

See attached document for a complete description of all option areas.

Individual proposals may vary with regard to staff numbers or week length, but the completion timeframe is fixed. When the contract is awarded or option exercised new completion dates for each area will be established. There will be no extensions of the number of working days without penalty.

In general, work shall proceed in an orderly manner. This can be on a block-by-block basis in residential areas and a sectioned or property basis in woodlots. Surveyors work in teams in areas as directed by ALB Program staff, inspecting ALB host species for evidence of infestation. The survey (inspection of trees) shall include trees located along streets, backyards, parklands, railroads, industrial parks, cemeteries, and woodlots etc. The majority of the survey will be conducted in dense, heavily wooded areas.

The contractor shall inspect all host trees, regardless of DBH in the assigned areas for ALB damage and active infestations. All properties will be inspected for the presence of host trees. The properties that do not have host trees shall be recorded in the PDAs as no-host properties. Properties with ALB host trees that cannot be accessed due to a physical barrier (fences, etc.) shall be recorded as a call back. For call back properties, the contractor shall make efforts to determine if host trees are present on the property by viewing the property from adjacent properties and notate the presence of ALB host trees requiring inspection. The contractor will make three attempts to access these properties, two at a different time of the day and one attempt on a weekend. If they are unsuccessful, they will give a list of those properties to the USDA staff. The number of callbacks is expected to be minimal. USDA will gain access to these properties by contacting the property owner. As long as access is gained within the allotted completion time frame for each area the contractor will be responsible for completing the survey.

The order and progression of all survey work will be directed by ALB Program staff.

2.2.1 Survey Crews

The contractor shall provide a sufficient number of surveyors experienced in hardwood tree identification to complete successful ALB tree inspections in the allotted time frame. All of the necessary equipment for said surveyors (including but not limited to binoculars, DBH tapes, flagging, tree paint and other supplies as specified by the program), transportation (at least one vehicle per three surveyors) of said surveyors to and from the designated work sites, insurance, licenses, state bonding, permits, fees, tolls, general and administrative expenses, and other such costs required to perform the services shall be supplied by the contractor.. The contract price shall include all costs associated with the performance of surveying ALB host trees in the Commonwealth of Massachusetts, in accordance with this Statement of Work (SOW).

Surveyors must be able to communicate effectively (in English) and be able to comprehend detailed instruction.

Surveyors must pass an ALB survey test. The test includes a host tree identification test with a 90% or better grade required.

The second portion of the test is an ALB inspection field test. The inspection test will consist of the contract surveyor inspecting trees where some of the trees have been marked with pseudo-infestation sites (counterfeit ALB damage). Contract surveyors must detect at least 75% of all pseudo damage sites located in the trees.

Surveyors will be given one additional attempt to successfully complete the exam if they do not pass the first time.

2.2.2 Foreman

The Contractor shall provide a dedicated, experienced, foreman to manage the crews. There shall be one foreman for every 8 inspectors. Every foreman must be a Massachusetts Certified Arborist (MCA). The foreman is expected to be in the field at all times.

The contractor must immediately replace the foreman in the event of separation or when the existing foreman is on leave. The contractor shall notify program staff (DCR/USDA) in advance of the change in personnel.

2.2.3 Project Manager

The contractor shall provide a dedicated experienced Project Manager to oversee all aspects of the survey contract. The project manager will have overall responsibility for ensuring the successful execution of the contract. The project manager shall be a Massachusetts Certified Arborist.

The contractor must immediately replace the project manager in the event of separation or when the existing project manager is on leave. The contractor shall notify program staff (DCR/USDA) in advance of the change in personnel.

2.2.4 Project Arborist

The contractor shall provide a Project Arborist who will serve as technical expert. The project arborist must have certification from the International Society of Arboriculture (ISA). The project manager and the project arborist can be the same person.

2.2.5 Equipment

The Contractor shall ensure that all supplies, equipment, and materials required for use in the performance of this contract are in good operating condition. Equipment that is in unsatisfactory condition, or otherwise determined by the program staff to be unsuitable for safe and efficient performance of the services required of this contract, shall not be used or promptly removed from the work site and replaced with supplies, equipment, and material that are in good operational condition. Equipment failure is not an acceptable cause for work delays.

Binoculars with a minimum resolution of 8 x 42 are required equipment for each surveyor.

Worn, lost, or unserviceable supplies, materials, or equipment shall be repaired or replaced so as to be ready to work at the start of the next shift.

2.3 WORK REQUIREMENTS

2.3.1 Contractor Compliance

The Contractor must review and abide by the description of the Asian Longhorned Beetle Quarantine as presented in the attached publication. The Contractor must work under a compliance agreement with the Asian Longhorned Beetle Eradication Project.

The Contractor shall comply with the United States Department of Labor (DOL), “Occupational Safety and Health Administration,” Regulations Volume 36, Number 105, applicable DOL wage rates and fringe benefits, U.S. Immigration and Naturalization Service laws, and all other rules and regulations as may be applicable.

The Contractor shall comply with local safety requirements, including but not limited to traffic safety, traffic lane closures, etc. Safety precautions shall be taken against injury to all persons engaged in the work of any contract awarded to the Contractor by USDA and the general public.

2.3.2 Contract Work Hours and Weather Delays

There are numerous biological, entomological, and physical factors that determine the time and method of survey. Starting and completing surveys on time are critical to the success of the ALB eradication project. Contract surveyors shall report in a timely manner, ready and properly equipped to work.

Work days shall primarily consist of an 8-hour work day (plus a 1/2 hour lunch break), 40 hours per week, Monday through Friday, between the hours of 0730 and 1600, except for Federal holidays. Overtime, weekend, or holiday work may be required. Work may be suspended due to adverse weather conditions. Saturday work or differing work hours (e.g., late starts due to inclement weather) may be coordinated with the Contracting Officers Representative (COR) and upon mutual agreement of the program staff and the contractor.

Work days may be affected by weather conditions. Signs of ALB infestation are hard to detect on wet trees. Crews are not allowed to work in conditions that complicate or negate ALB inspections.

It is the contractor’s responsibility to maintain accurate benchmarks in order to complete the survey areas within the allotted timeframe.

2.3.3 Public Relations

It is essential for all employees of the Contractor to display a positive image in their demeanor and appearance as a representative of the ALB program by ensuring that their employees maintain favorable relations with the general public. Work shall be completed without inconvenience or disruption to the general public and property owners, and work sites shall be restored to their original condition. Personnel must be courteous in their dealings with property owners. All personnel working for the Contractor must carry identification at all times documenting employment by the Contractor. Personnel shall wear either a company uniform or insignia visible to the public. Work shall be performed with due care taking precautions against damage to property and interference with vehicular or pedestrian traffic. The contract crews shall be responsible for any damage caused to trees, plants, grass, vegetation, or other fixtures during the inspection process.

Work sites will be accessed from public roadways or through adjacent property with the permission of adjacent/surrounding property owners. No thoroughfare of any kind shall be closed without the written consent of the proper authorities. The Contractor is responsible for contacting proper authorities as necessary. The Contractor shall, without additional cost to the Government, prevent traffic interference warning signs, cones, flags, etc., in accordance with State and local rules and ordinances. The Contractor shall not block driveways, or inconvenience property owners, and the general public in any manner.

2.3.4 Notification and Work Site Access Requirements

The contract surveyors shall notify the property owner in advance of conducting surveys on private property. This notification shall be upon initial entrance to private property before inspections begin. If the property owner is absent, lawn signs/door hangars informing property owners that inspections for ALB are in progress will be placed by the survey crew in a conspicuous location/front door. Upon completion of the survey the lawn signs/’Survey in Progress’ door hangars will be removed. Door hangars (provided by program staff) will be completed by the survey crew and left in a visible location or given to the property owner at completion of the survey.

2.3.5 Mandatory ALB Training

Each employee to work on this contract as a tree surveyor must complete the Asian Longhorned Beetle survey protocol and identification course to be given upon award of contract by the ALB cooperative eradication project.

All employees of the contractor who will work in the regulated area must also attend a Compliance Training Workshop, which provides information about ALB regulations and proper handling of regulated materials. After participating in the workshop, the contracting company is eligible to receive an ALB compliance agreement.

A total of two days of training is required before starting work in addition to passing the host tree and ALB damage assessments noted under Survey Crews and Minimum Qualifications.

2.3.6 Contractor Liability

The Contractor is liable for any damages, losses, or injuries to people, property, and animals, which occur as a result, directly or indirectly, from work performed. The Contractor shall immediately notify program staff, of any damages, losses, or injuries occurring during the performance of this contract.

2.3.7 Vehicle Identification

The Contractor’s vehicles shall be clearly marked as to identify the vehicle as being part of the Contractor’s fleet and identified as an ALB Cooperative Eradication Program survey vehicle.

2.3.8 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 to the USDA designated COTR a report of daily quality control field observations. This report should include any problems identified and corrective actions taken. The plan should include at a minimum:

• Training and certification plan to ensure personnel able to identify ALB host material and ALB damage.

• Details on how agreed upon contract timelines (start and end times/lunch breaks, etc.) will be monitored.

• Details on monitoring feedback from the public about interactions with the surveyors (Public Relations).

• Details on how host tree identification, measurement and documentation will be monitored.

• Details on how quality of host tree inspections will be monitored.

• Details on how monitoring of proper employee equipment (including ID, uniform and binoculars, etc.) will occur.

2.3.8.1 Failure to Perform

This survey requires ground surveyors to identify and thoroughly inspect all host trees for signs of ALB infestation on public and private property. Failure to properly inspect 100% of the host trees within the USDA designated survey areas could result in infested trees being missed, allowing for ALB populations to continue to survive. This may result in an extension of the time line for eradication. 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 exotic 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. 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.

Based on the nature of the defective performance and the immediate environment (i.e. residential vs. forested area) the COTR and CO, with input from the contractor will decide what type of corrective action will be taken. Examples of defective performance issues may include, but are not limited to, a host tree not inspected during survey, or incorrectly identified; a pseudo site is missed; ground surveyors repeatedly mistake mechanical damage, damage from squirrels or damage from other insects for ALB damaged/suspicious trees; or a positive tree is missed. The response to the defective performance will be graduated depending on the severity of the deficiency and the frequency of occurrence. Corrective actions required may include, but are not limited to:

The responsible employees will attend a 2 hour dendrology refresher training, or half day ALB training;

Contractor will resurvey an entire unit of residential area or up to a 300 foot radius at no additional cost to the government;

Contractor will resurvey an 1/8 mile around a single missed positive tree.

These corrective actions will be at the discretion of the CO/COR.

All corrective actions will be underwritten by the contractor and at no additional cost to the government.

Failure to perform includes failure to complete the survey within the allotted number of working days.

2.4. WORK DESCRIPTION

2.4.1 Progression

Contractor will be given a map detailing the areas for survey; however, progression will be led by program staff. Benchmarks will be provided at the beginning of the contract and the contractor will be responsible for increasing or decreasing the field staff component as necessary to complete the overall task within the specified timeframe.

2.4.2 Survey Protocol

ALB Project Staff will provide monitors daily to direct and assist the contract surveyors with survey, infestation verification, public relations, and accessing private properties. ALB project staff will be available at all times work is being performed to verify suspect infestations and to respond to the public’s questions/concerns. Contract crews, however, must be able to conduct and document survey tasks and progression.

It is the responsibility of the contract crews to ensure that all host trees listed below have been inspected for ALB damage in each area.

· Acer (maple, box elder)

· Aesculus (horse chestnut, buckeye)

· Albizia (mimosa, silk tree)

· Betula (birch)

· Celtis (hackberry)

· Fraxinus (ash)

· Platanus (plane tree, sycamore)

· Populus (poplar)

· Salix (willow)

· Sorbus (mountain ash)

· Ulmus (elm)

· Cercidiphyllum (katsura)

· Koelreuteria (golden rain tree)

As noted in Section 2.3.5 survey protocol will be reviewed in training for all field employees.

2.4.3 Suspected Infestations

If suspected symptoms of infestation are detected, the contract surveyors shall notify program staff immediately for verification.

· If adult beetles are found, contract surveyors shall collect the adult beetle and store it in a sturdy, enclosed container for identification.

2.4.4 Clean-up and Disposal of Debris

Work areas shall be restored to their original condition upon completion of survey work. The Contractor is required to attend training to obtain a compliance agreement with regard to handling and disposal of ALB regulated articles including, but not limited to, branches, tree limbs, brush, etc. from regulated areas and abide by Federal and State Agriculture regulations concerning the proper disposal of host material from ALB quarantined areas.

2.4.5 Productivity

The Contractor will be expected to meet productivity goals during the duration of this contract. If the contractor has been awarded multiple areas (options) under this contract, survey crews will survey one option area at a time as directed by USDA. If the USDA determines that an area is nearing completion, the contractor may be allowed to move some crews to begin a new area.

Productivity goals will be based on daily, weekly or monthly benchmarks of acreage surveyed, depending on the size of the assigned area.

If any benchmark is not met, contractor will increase the number of survey staff. There will be no time extensions to this contract. Productivity losses are the responsibility of the contractor and the award of option areas may be rescinded from the contract if productivity projections indicate the option areas will be not completed by within the allotted timeframes.

2.4.6 Data Collection and Management

The Contractor will collect daily inspection records for all trees inspected. This data will be collected via input into hand held program owned and furnished PDA’s {personal digital assistants}. The PDA’s will be issued to contractor staff at the start of the work day and collected at the conclusion of each work day. Hard copy paper records will be required if PDAs are unavailable for any reason. After contract award, the Government will identify both the format of the PDA data collection and any paper back up data sheets that may be required.

2.4.6.1 PDA Hardware

The PDA’s and equipment such as, but not limited, car chargers, extra batteries, removable data cards, and protective sleeves (such as Otter boxes or dry paks), will be inventoried by number, issued to and maintained throughout the work day by the contractor in good working condition. Damage or loss to any furnished equipment will be replaced by the contractor at no cost to the USDA. PDAs will be loaded with the appropriate software by the USDA.

2.4.6.2 PDA training

The contractor and employees using the PDA’s will be required to attend training classes provided by program personnel. A thorough understanding of the data entry requirements and process is a mandatory outcome of the training. Failure to pass the training requirement may be handled as a failure to perform issue.

2.4.6.3 Data collection pilot

The program may require the contractor’s staff to participate in a live pilot of the data collection functionality. The pilot will be used to identify and correct any deficiencies in training, understanding, or data management protocols. Additionally, the pilot will provide real time live experience to identify and correct problems that may occur in the daily hardware issuance and collection.

2.4.6.4 Data management

The program will be responsible for the management of all data. On a daily basis, the government will supply PDA’s or back up hard copy data sheets. The USDA will manage the data, assure the quality of the data, request contractor follow up of questionable data, and make corrections as required. Data loss that is directly attributable to failure on the part of the contractor will require correction by the contractor.

2.4.6.5 Data quality assurance/control

The program will monitor the entire data management process in order to assure the highest quality data is collected and maintained. Program staff will review the data collection process on a routine basis, review the actual data collected for conformity to requirements, and report results to the contractor. Contractor staff repeatedly failing to improve to acceptable standards will be removed from PDA data collection functions.

2.4.7 Work Environment/Logistical Concerns

The area to be surveyed contains challenges to completing the survey on all host trees for Asian Longhorned Beetle infestation and damage. The area contains streambeds, wetlands, overgrowth and deadfall. There is poison ivy, as well as ticks and mosquitoes.

2.5 USDA, APHIS QUALITY ASSURANCE

According to the Inspection of Services clause, FAR 52.246-4 INSPECTION OF SERVICES - FIXED PRICE (Aug 1996), located at Section 5 the program will evaluate the contractor’s performance under any contract awarded under this solicitation for ALB survey. Program personnel will record all surveillance observations. All observations will be presented to the contractor’s project manager or representative at the site in a timely manner. All reports presented must be initialed by the contractor’s project manager or representative. The initialing of the observation does not constitute concurrence with the observation, only acknowledgment that he or she has been made aware of the performance. The program reserves the right to establish the kind of quality assurance protocols that will be used.

Quality assurance will include the review of all aspects of the work. Any action taken by the contracting officer, as a result of surveillance, will be in accordance with the terms of the resulting contract.

2.6 GOVERNMENT FURNISHED PERSONAL DIGITAL ASSISTANTS (PDAs)

The program will furnish the Contractor with an agreed upon number of PDAs and accessories for use during survey activities. An inventory will accompany these supplies noting the identification numbers and quantity of each item. This inventory shall be signed and dated by both parties upon delivery. PDAs shall be handled carefully and used with a protective sleeve to protect the device from the weather and provide added protection should the device be dropped. When contract activities are completed or upon program staff request, the contractor shall return all PDAs and accessories, regardless of their condition or working status, to the USDA COTR. The USDA COTR will sign a receipt for the units returned, noting the condition and working status of each unit or accessory. Any PDAs or accessories not returned must be replaced by the contractor.

2.7 MINIMUM QUALIFICATION REQUIREMENTS

Every foreman actively working on the contract shall be a Massachusetts Certified Arborist (MCA).

All surveyors must have at least one year of related specialized experience, such as: inspecting plants for the presence of pests, surveying area for plant pests or for the presence of alternate plant hosts, performing survey or eradication procedures in a local pest control program OR successful completion of a 2 year degree from an accredited college or university, that included at least 16 semester hours in course work such as biology, plant pathology, entomology, zoology, botany, forestry, chemistry or agriculture.

All surveyors must be able to identify Asian longhorned beetle host trees during all seasons.

Surveyors must pass the ALB host tree identification test with a 90% or better grade as well as the ALB damage recognition test with a 75% or better grade.

Surveyors must attend an Asian Longhorned Beetle survey protocol and identification course to be given by the ALB cooperative eradication project (approximately 1 day).

Surveyors must attend a compliance training workshop (approximately 4 hours).

Surveyors must attend a PDA training class provided by program personnel. A thorough understanding of data entry requirements and process is a mandatory outcome of the training (approximately 4 hours).

Documentation certifying that the majority of the company’s work for the past three (3) years has been primarily in the performance of tree maintenance work.

SECTION 3.0 CONTRACT ADMINISTRATION

3.1 PAYMENTS

Payment is available on a line item basis for mobilization or demobilization or on a per day basis.

3.2 SUBMISSION of INVOICES

A draft invoice may be submitted via E-mail to the local COR for review and discussion before the finalized incremental invoice is submitted for payment.

Invoices will be done on a monthly basis unless both parties agree to another arrangement. Originals of the invoices must be sent to:

Clint McFarland– CONFIDENTIAL

USDA APHIS PPQ

151 West Boylston Drive Worcester, MA 01606

Invoices shall include the following information:

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number and contract line item number

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Name, title, and phone number of person to notify in event of defective invoice;

3.3 CONTRACTING OFFICERS REPRESENTATIVE

The Contracting Officer will designate a [Contracting Officer’s Representative (COR)/Contracting Officer’s Technical Representative (COTR)] at the time of award. The COR/COTR will be the Contractor’s local Government contact for contracts awarded against this requirement.

The COR/COTR is responsible for monitoring the performance of work under contracts awarded as written in the contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of the contract be effective or binding upon the Government unless advance authorization is received from the Contracting Officer, and proper contractual documents executed by the Contracting Officer prior to performing the work.

The COR/COTR shall inform the contracting Officer as soon as possible of any understandings, tentative agreements, recommended modifications, and actions or inactions of the Contractor or the Government which could affect the Contractor’s ability to comply with the contract performance requirements or completion times.

Whenever, in the opinion of the Contractor, the COR/COTR requests effort outside the scope of the contract, the Contractor shall so advise the COR/COTR. If the COR/COTR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer shall be notified immediately.

PROCEEDING WITH WORK WITHOUT PROPER CONTRACTUAL COVERAGE AND APPROVAL OF THE CO COULD RESULT IN A BREACH OF CONTRACT AND NONPAYMENT.

An exception will be considered by the Contracting Officer for additional work determined necessary by the COR/COTR after contract work hours, or on Saturday, Sunday, or Holidays, provided the additional work is within the scope of the contract. If additional work within the scope of the contract is required outside contract work hours, the Contractor and the COR/COTR shall inform the Contracting Officer on the next business day of the circumstances, and request issuance of a contract modification.

The designation (delegation of authority) shall be provided in writing to the COR/COTR and the Contractor. The delegation of authority shall clearly explain the COR/COTR’s role and responsibility on the contract, and limitations of authority.

The following contacts are the only persons authorized to interact with the contractor on this contract:

1. Contract Specialist/Contracting Officer – For contract related issues:

Nathan Johnson, Contract Specialist—(612) 336-3404 Margie Thorson, Contracting Officer—(612) 336-3209

2. Contracting Officers Representative (COR) – For requirement related issues:

Clint McFarland, Project Manager—(508) 852-8090

3. ALB Program Quality Assurance Personnel:

Data Quality Assurance, Antony Massop, Supervisory PPQ Officer—(508) 852-8090 Field Quality Assurance, Ryan Vazquez, Supervisory PPQ Officer—(508) 852-8090

SECTION 4 List of documents, exhibits, and other attachments

Attachment 001 ALB Pest Alert and Signs and Symptoms Attachment 002 ALB Quarantine Description – Massachusetts Attachment 003 Wage Determination Attachment 004 Sample Survey Sheet Attachment 005 Survey Maps

SECTION 5 Contract Clauses NOT COMPLETE

5.1 CLAUSES INCLUDED by REFERENCE

52.212-4 Contract Terms and Conditions—Commercial Items (Feb 2012)

52.245-1 Government Property (June 2007)

5.2 CLAUSES INCLUDED by FULL TEXT

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Jan 2013).

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(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. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (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.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

__ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved] __ (12)(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).

__ (13)(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.

__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

__ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

__ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (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)(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.)

__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

__ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 2012) (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 (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (Nov 2012) of 52.225-3.

__ (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (42) 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).

__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (51)(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.] __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-7 Option for Increased Quantity—Separately Priced Line Item (Mar 1989)

The Government may require the performance of the numbered line items, identified in the Schedule as optional items, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor prior to the contract end date. Performance of added items shall continue at the rate called for under the contract, unless the parties otherwise agree.

(End of clause)

52.246-4…

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