B3_Solicitation.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-MRPBS-ASD-6395

100 N 6TH STREET

Butler Square, 5th Floor ASD Procurement Branch

USDA APHIS MRPBS

CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MRPBS-ASD-6395

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

02/07/2017 1700 ET

01/17/2017

612-336-3364LISA DRAVES

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-6395-S-17-0028

5. SOLICITATION NUMBER

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

1 61 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

MINNEAPOLIS MN 55403

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

$7.50

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

8(A)

USDA APHIS MRPBS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Marshaling Yard Services - Clermont County, OH

Contract Type: Indefinite-Delivery Indefinite- Quantity (IDIQ)

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

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.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

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. 2/2012) 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

612 of

NOTES TO OFFERORS

1. INSTRUCTIONS FOR SUBMITTING PROPOSALS.

Offerors are advised to carefully review the proposal submission requirements specified in 52.212‐1 Addendum, (a) “Proposal Submission Requirements” (pg. 32‐33) and “Offeror Checklist” (pg. 4).

Proposals will be evaluated in accordance with 52.212‐2, Evaluation – Commercial Items (pg. 33‐34).

Offerors are responsible for ensuring completeness of proposals. The Government may evaluate solely on the information provided in the initial offer. Proposals that fail to include the required information or reject the terms and conditions of the solicitation may be excluded from consideration. Alternate Pricing Schedules will not be considered.

Proposals shall be submitted by email to Lisa Draves at lisa.a.draves@aphis.usda.gov no later than the required response date and time.

2. CONTRACT TYPE. This solicitation will result in a commercial Indefinite‐Delivery Indefinite‐Quantity contract. Contract and task order minimums and maximums are addressed in the following clauses:

See 52.216‐19, “Order Limitations” and 452.216‐73 “Minimum and Maximum Contract Amounts”.

The line item quantities listed in the Pricing Schedule are estimates for evaluation purposes only and are not intended to convey either a minimum or maximum quantity that will be ordered by the Government. The unit price that will be paid for any line item will not be changed based on the quantity actually ordered by the Government. The ultimate contract price for any given ordering period will be the sum of the task orders issued during that period.

3. ISSUANCE OF TASK ORDERS. Work will be ordered through the issuance of individual task orders as the requirements of the U.S. Department of Agriculture (USDA) are defined. Each task order will include the specific requirements related to the work covered by the task order, and delivery or performance requirements. Task Order prices will be in accordance with the fixed rates established in the Pricing Schedule. Orders may be issued orally, by facsimile, or by electronic commerce methods.

4. INQUIRIES. All questions must be submitted in writing to Lisa Draves at lisa.a.draves@aphis.usda.gov.

Questions shall be submitted not later than three business days prior to the response deadline to ensure adequate time is available for the Government to form an appropriate response and amend the solicitation if necessary.

5. Vendors must be registered in the System for Award Management (www.sam.gov), including current online representations and certifications no later than the solicitation response date/time. The Government will review completed Representations in SAM. Separate submission of completed representations and certifications is not required.

6. Evaluation of proposals will be based, among other factors, upon the total price included on the pricing schedule for all items. The Government will award on an “All or None” basis.

7. The United States Department of Agriculture Animal and Plant Health Inspection Service (USDA APHIS) is an agency of the Federal Government and is tax exempt (Tax ID# 41‐0696271).

8. In accordance with Federal Acquisition Regulation (FAR) Subpart 9.1, a prospective contractor may be requested to provide additional information in order to assist the Government in making a responsibility determination.

OFFEROR CHECKLIST

This checklist is provided as a courtesy only to assist firms in submitting a complete response to this solicitation.

Proposals must contain all of the information described below.

a. Cover Page. Provide company name, point of contact information and DUNS number

b. Signed Standard Form (SF) 1449 and acknowledgement of any Amendments to the solicitation

c. Completed Pricing Schedule (see page 5 of solicitation)

d. Technical Proposal

1) Work Plan Submit a detailed narrative description of the proposed work. Address the proposed location, labor, material, and equipment proposed to be used to complete all of the project activities identified in the Performance Work Statement. At minimum, the work plan shall include the following:

A clear and detailed description of the proposed marshaling yard location. Offer shall include an existing or contingent lease agreement as evidence of the offeror’s ability to secure the location.

Evidence of the offeror’s ability to secure the proposed location, such as an existing or contingent lease agreement.

List of Equipment that will be used in grinding operation, including: photograph, make and model, production capacity, age, horsepower. Indicate if proposed grinder is a tracked or trailer model.

Graphical representation and written description of lines of authority/supervision of marshaling yard activities. Describe how the labor force and all other aspects of work performed will be managed and supervised under this contract on a daily basis.

2) Examples of Recent and Relevant Experience Submit examples of recent and relevant projects by completing Attachment 1, Project Experience Questionnaire.

A minimum of two (2) and a maximum of five (5) projects total shall be submitted.

Recent experience is defined as work that is ongoing but not less than 50% physically complete or work that was completed by the firm within the last ten (10) years.

Relevant experience is defined as work requiring operation of a marshaling yard and/or tree grinding operations.

Project examples shall be provided for the firm (prime and/or subcontractor(s)) that will perform the work. A letter of commitment is required for a subcontractor’s experience to be evaluated.

PRICING SCHEDULE

ITEM DESCRIPTION EST QTY UNIT UNIT

PRICE

AMOUNT

Base (Notice of award through 12 months) 0001 Mobilize/Demobilize 1 Lump Sum

0002 Manage Marshaling Yard 26 Biweekly*

0003 Chip/Incinerate (Normal) 30,000 Cubic Yards

0004 Chip/Incinerate (Mixed) 600 Cubic Yards

Total Base Period

Option 1 (12 months)

0005 Manage Marshaling Yard 26 Biweekly*

0006 Chip/Incinerate (Normal) 30,000 Cubic Yards

0007 Chip/Incinerate (Mixed) 600 Cubic Yards

Total Option 1

Option 2 (12 months)

0008 Manage Marshaling Yard 26 Biweekly*

0009 Chip/Incinerate (Normal) 30,000 Cubic Yards

0010 Chip/Incinerate (Mixed) 600 Cubic Yards

Total Option 2

Option 3 (12 months)

0011 Manage Marshaling Yard 26 Biweekly*

0012 Chip/Incinerate (Normal) 30,000 Cubic Yards

0013 Chip/Incinerate (Mixed) 600 Cubic Yards

Total Option 3

Option 4 (12 months)

0014 Manage Marshaling Yard 26 Biweekly*

0015 Chip/Incinerate (Normal) 30,000 Cubic Yards

00 Chip/Incinerate (Mixed) 600 Cubic Yards

Total Option 4

Total Price (Base and Options 1 – 4)

*Unit of Measure for Manage Marshaling Yard line items is “Biweekly” (The estimated quantity of 26 Biweekly units is equal to approximately 52 weeks/year)

1.0 PERFORMANCE WORK STATEMENT

1.1 Period of Performance

The contract period of performance includes a base year and four (4) option years. Marshaling Yard operations shall commence on April 1, 2017.

2.0 General Requirements

The United State Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) Plant Protection and Quarantine (PPQ) Asian Longhorned Beetle (ALB) program is contracting for the grinding or incineration of ALB host and/or co‐mingled non host materials from trees, shrubs, limbs, branches, exposed surface roots and stumps (not all inclusive) infested or exposed to infestation by the Asian Longhorned Beetle in Clermont County Ohio. Service is in support of the USDA/Ohio Department of Agriculture (ODA) program for the eradication of ALB in in Clermont County Ohio.

The material for grinding will be from the current area of work which includes properties in Clermont County but the work area may expand into other counties throughout Ohio if other infestation pockets are identified. (See Attachment 2, Map of Quarantine Area.) As USDA/ODA continues surveys, additional infested trees are expected to be detected. The USDA is working under the authority of the Plant Protection Act of June 20, 2000, as amended, Section 412 (a), 7 U.S.C.7712 (a) and the Ohio Revised Code (ORC) Sections 901.051 and 927.70.

2.1 Background

The ALB was initially detected in the United States in 1996 in the Greenpoint section of Brooklyn, New York. ALB was introduced into the United States on solid wood packing material accompanying cargo shipments from Asia. The beetle infestation in New York spread to Long Island (portions of Nassau and Suffolk counties, Queens County, New York County (Manhattan), and Richmond County (Staten Island). In 1998 a separate introduction of the beetle was discovered on trees in the suburbs of Chicago, Illinois.

Beetles were also detected in two separate New Jersey locations. In April 2008 USDA successfully eradicated the ALB infestations from Illinois and from Hudson County, NJ. In August 2008 an ALB infestation was detected in Worcester County Massachusetts and subsequently in Boston Massachusetts in 2010. Most recently an ALB infestation was detected in Tate Township, Clermont County Ohio in 2011.

Currently USDA’s Animal and Plant Health Inspection Service’s (APHIS), Plant Protection and Quarantine (PPQ) division is implementing quarantine and control strategies in NY, MA, NJ and OH that seek to eradicate this serious pest from the United States.

The Asian Longhorned Beetle is classified in the wood boring beetle family (Cerambycidae). Adults are 1 to 1½ inches in length with long antennae and are shiny black with small white markings on the body and antennae. After mating, adult females chew depressions into the bark of various hardwood tree species in which they lay their eggs. Once the eggs hatch, small white larvae bore their way through the cambium into the tree, feeding on the sensitive vascular layer beneath. The larvae continue to feed deeper into the tree’s heartwood forming tunnels, or galleries, in the trunk and branches. This damage weakens the structural integrity of the tree eventually resulting in the death of the tree. Over the course of a year, larva will mature and then pupate near the surface, under the bark. From the pupa, an adult beetle emerges, chewing its way out of the tree; forming characteristic round exit holes approximately 3/8ths of an inch in diameter. Many of these holes will appear on a heavily infested tree frequently accompanied by frass and sap oozing from the holes. The emergence of the beetles typically takes place from June through October with adults moving in search of mates and new egg‐laying sites to complete their life cycle (www.aphis.usda.gov).

2.2 Marshaling Yard ‐ General

The contractor shall secure a Government approved location within the quarantine area and provide all personnel, labor, supervision, supplies, equipment, machinery, security, and materials required to operate a marshaling yard/location for the temporary storage of woody host and non‐host comingled debris generated within the quarantine area(s), by homeowners, general landscape and other local contractors, or State, Local, and Federal authorities. The location shall be inspected and approved by the Contracting Officer’s Representative no later than March 17, 2017 and prior to commencement of Marshaling Yard operations on April 1, 2017. See also Section 3.0, Marshaling Yard.

2.3 Contractor Requirements

1. The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The contractor shall be responsible for determining what permits are necessary to perform under the contract. Copies of all permits shall be submitted to the COR.

2. Before commencing work, the successful contractor (and any sub‐contractors) shall attend an ALB compliance training and be certified by the USDA to perform work within the ALB Regulated Area.

3. Contractors shall ensure that employees and subcontractors have passed a standard commercial back ground check prior to conducting work for the program. The contractor shall provide evidence of background checks to the Contracting Officer or Contracting Officer’s Representative no later than 14 days after notice of award. The contractor may be required to provide evidence of background checks at any time during the contract.

4. The Contractor shall pre‐screen employee candidates using the E‐verify program (http://www.dhs.gov/E‐verify) website to meet the established employment eligibility requirements.

The contractor must ensure that the candidate has two valid forms of Government issued identification prior to ensure the correct information is entered into the E‐verify system. An initial list of verified/eligible candidates must be provided to the Contracting Officer and Contracting Officer’s Representative no later than 14 days after notice of award.

2.4 Public Relations

Contractor and subcontractor personnel shall display a positive image of USDA and the State of Ohio.

All personnel must be courteous, and work shall be completed with minimal interference, inconvenience or disruption to the general public and property owners.

The contractor shall perform all work with due care, taking precautions against injury to all persons, animals, or property and shall protect against damage to existing trees, plants, grass, turf, vegetation, or other exterior fixtures.

Arguments, fights, use of profanity, and other negative public displays that could adversely affect USDA's public image may be grounds for removal of offending parties or the issuance of a stop‐ work and cure notice by the Contracting Officer.

2.4.1 Questions about the ALB Program Received From the Public/Media The contractor may receive inquiries relative to the removal activities from local residents or the media.

All such questions received shall be directed to USDA personnel for official response. Literature about the

ALB is available and will be provided to the contractor for distribution to members of the public interested in the ALB and the USDA tree removal program.

The contractor and subcontractors are barred from discussing or providing interviews to the media or press relative to the ALB program without the consent of the Contracting Officers Representative (COR).

News releases (including promotional literature and commercial advertisements) pertaining to this Contract shall not be made without prior written USDA approval, and then only in accordance with the explicit written instructions from the USDA. No results of the activities associated with this Contract are to be released without prior written approval from the USDA and then only to persons so designated.

2.4.2 Identification

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 its employees, as well as subcontractors, to wear a uniform and safety vest clearly identifying them as working for the contractor. All employees shall have and use as appropriate any and all required ANSI/OSHA approved personal protective equipment.

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 for approval within two weeks following notice of award.

The contractor shall furnish and maintain all necessary signage at the yard as required by State and local authorities. This includes all necessary signs for the safe movement of traffic, including stop signs, speed limit signs, dumping instruction signs, safety signs, hours of operation including a phone number for afterhours, Open/Closed signs, etc.

There shall be at least 2 additional signs located at the marshaling yard. The first shall be at the entrance and the other shall be at another visible location (e.g., if one side of the yard faces a street it should be on that side of the yard.) Signs shall be of professional quality, clearly legible at 20 feet, and with white lettering on a green background to read as follows:

ASIAN LONGHORNED BEETLE COOPERATIVE ERADICATION PROGRAM

MARSHALING YARD

USDA, ANIMAL AND PLANT HEALTH INSPECTION SERVICE

OHIO DEPARTMENT OF AGRICULTURE

(513) 381‐7180

All signs are subject to USDA approval.

Commercial vehicles used by the contractor must have appropriate commercial plates and abide by Ohio vehicle regulations.

3.0 Marshaling Yard

The marshaling yard shall be at least 60,000 square feet and be laid out in such a way so as to prevent the comingling of regulated articles with deregulated articles. The marshaling yard shall also be arranged so that regulated articles can be deposited while allowing for the operation of equipment deregulating the woody material (i.e. grinding or incinerating material). The marshaling yard shall be accessible from a public road with sufficient room to allow vehicles to enter and exit the yard safely. At the marshaling yard the contractor will be responsible for the stacking, loading, general handling, and chipping or tub grinding of all such material to deregulated size, and the proper disposal of the deregulated chips or tub grindings, or incineration of the material and disposal of incinerated residue. The contractor will supply and maintain a suitable office trailer with a desk or cabinet to be used exclusively by the Government and suitable to secure necessary paperwork; toilet facilities; and covered observation post at the yard for the use of contractor personnel and Government inspectors that may be assigned to monitor yard operations. The office trailer shall include steps to the entrance. The facilities must be waterproof and heated.

The contractor is to supply refuse containers, police the facility for litter, and perform maintenance to the property as needed. This includes snowplowing, building maintenance, pruning, weed suppression, and keeping roadways clean of mud/dirt/debris/snow. It is the responsibility of the contractor to conduct operations in a fashion that ensures the safety of public and private entities that come to the Marshaling Yard.

Contractor must provide all necessary equipment and personnel for complete operation of yard.

Adult beetle emergence typically occurs between June 1 and October 31. To account for any early or late emergence that may occur, the 48‐hour chipping requirement dates are 21 May – 12 Nov, when regulated material at the marshaling yard must be chipped to its deregulated size (less than 1” in at least two dimensions) within 48 hours of receipt of material.

The contractor must assure that such yards are fenced, secured, and monitored and that non‐ALB host materials and refuse are not deposited in the marshaling yard unless otherwise approved by the USDA.

Contractor must provide a point of contact to the USDA who will be available for periodic meetings regarding the activities and progress of the operations. The contractor must maintain a point of contact that can be reached 24 hours per day, 7 days per week, in case of an emergency.

Contractor must provide access to the grinding/incineration operation by USDA or other USDA‐approved parties for purposes of record inspections, research activities, etc. within the constraints of health and safety regulations and efficient operations of the yard.

The contractor is responsible for safeguarding the marshaling yard area, and safeguarding the equipment used in the process at all times.

3.1 Receipt of Material

The Government shall be responsible for receiving all materials to be deregulated regardless of whether they are delivered by a public utility, commercial landscape/tree service, or a private individual. The contractor shall be responsible for chipping or incinerating all woody debris approved for receipt into the yard by USDA.

Material received at the Marshaling Yard is primarily woody debris (i.e. tree trunks, stumps, branches, logs) and may include other materials such as soil, sand, stones, and rocks. A small portion of materials received may include other miscellaneous debris (i.e. nails, wires, concrete, metal) that a tree has grown around or attached to. Quantities of materials that consist of only woody debris are normal quantities.

Quantities of materials that are comingled with miscellaneous debris are mixed quantities. A mixed quantity may require an adjustment in methods and equipment. Material quantities are defined as follows:

1. Normal Quantity: Free from miscellaneous material

2. Mixed Quantity: Comingled with miscellaneous material

The Government will visually inspect loads of material brought to the Marshaling Yard. The Government will not receive garbage. If there is an attempt to bring in a mixed load, the Government will require that it is sorted by the depositor. The sorting may occur at the yard upon approval by the Government. For example:

A truck brings in a 12 cubic yards of material. The load is separated by the depositor in to an 8 cubic yard normal quantity and a 4 cubic yard mixed quantity as some stumps contained excess soil. This is then recorded on 2 separate tickets, indicating that the 4 cubic yard quantity is a mixed quantity.

Or:

A truck brings in a 12 cubic yards of material. The depositor is unable to separate excess soil from wood chips. This is recorded as a 12 cubic yard mixed quantity.

The Contractor shall plan its work and select its equipment in anticipation of encountering materials as described in this paragraph. The Contractor shall not be entitled to an adjustment in contract price as a result of encountering the materials identified, or similar to those identified, in this paragraph. The Contractor shall immediately notify the Contracting Officer’s Representative whenever there is a significant change in the nature of the material received and accepted by the Government.

3.2 Hours of Operation

All operations at the marshaling yard performed by the contractor may only be done in the presence of an USDA‐appointed representative. This includes, but is not limited to, receiving, shipping, and grinding materials as well as maintaining or removing equipment from the yard. The marshaling yard must remain closed and locked unless an USDA‐appointed representative is present.

The marshaling yard shall be open for receiving material from the public Monday through Friday, 8:00 a.m.

to 4:30 p.m. and on the first Saturday of each month from 9 a.m. to 1 p.m.

The Government may receive material at the marshaling yard at any time. The contractor is not required to be present at the time material is received.

The Contractor is responsible for scheduling and executing the work within the time specified in the contract. The contractor should expect the need to schedule deregulating operations, outside of the hours the Marshaling Yard is open for receiving material from the public. Coordination shall be through the Contracting Officer’s Representative. The Government is responsible for scheduling the USDA‐appointed representative. The contractor shall cooperate fully with Government employees and shall carefully adapt scheduling as necessary. Schedules may be changed as mutually agreed upon by the Contractor and

Contracting Officer’s Representative.

The Contractor is expected to be present during business hours, however, if agreed upon the contractor may be absent providing that they notify the Contracting Officer’s Representative 24 hours in advance of absence.

The Contractor may not be required to perform work on the following Federal Observed Holidays:

New Year’s Day Martin Luther King Jr.’s Birthday President’s Day Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

Between May 21 and November 12, the Contractor shall deregulate materials within 48 hours from the time regulated material is received at the Marshaling Yard.

There are other on‐going Government contracts and work in the area of this project. The Contractor shall coordinate their work with the other contractors to prevent delays and interferences with those contracts and the Government’s efforts to Asian Longhorned Beetle eradication efforts. The Contractor should expect rescheduling requirements due to these contracts and work.

Hours of operations may be changed as agreed upon by the COR and the prime contractor. All work hours are daylight permitting.

3.3 Deregulation Options

3.3.1 Grinding and Disposal of Material

The contractor must assure that regulated and deregulated materials remain separated at all times. Any co‐mingled material will be reprocessed at the contractor’s expense. A clearly defined separation point between regulated and deregulated material must be maintained at all times.

All wood must be chipped, ground, or shredded inside the regulated area to a size of less than one inch (1”) in at least two dimensions. Wood chips that exceed this size must be re‐chipped to the required specifications. Chips of this size are not subject to federal or State regulations and shall be disposed of as follows:

Every Friday (as selected by the USDA), deregulated chips/mulch shall be made available free‐of‐charge to properties within ALB‐quarantined areas. These chips are for the personal use of residents that reside inside of the ALB Ohio quarantine area. On the day after the day chips are made available to property owners the contractor may dispose of the remaining chips at the contractor’s discretion. The first Saturday of each month (as selected by the USDA), the contractor shall load the free‐of‐charge chips for the property owners. On the other days when property owners are allowed to obtain free‐of‐charge chips, the contractor can load the chips for the property owners, but has no obligation to do so. The free chips offered to the public are for personal use only and the quantity is limited to no more than ten cubic yards per address per day. Before any chips are dispersed to property owners or removed from the marshaling yard by the contractor the government will inspect the chip pile to ensure it is composed exclusively of deregulated chips.

Contractor must provide independently mobile loading equipment to bring wood to the grinder.

Contractor must provide front‐end loader with conventional bucket for loading transport trucks. Chip loading at temporary sites must be done with a loader of sufficient power, reach, and capacity to complete the work to USDA specifications.

Chip loading at stationary site can be done with the aid of a ramp, bucket size should be sized to assure sufficient capacity to load trucks efficiently.

3.3.2 Incineration Method

If the selected method of deregulation is incineration, it is the sole responsibility of the contractor to assure that the process is compliant with all local, state, and federal laws and that any required permits are obtained.

The contractor will be responsible for the proper disposal of any residual debris/ash resulting from the incineration process after it has been inspected by the government to ensure that it is completely deregulated.

Contractor must provide independently mobile loading equipment to bring wood to the incinerator and any other equipment required.

3.4 Crew Qualifications

Contractor warrants that it has the necessary personnel to perform the work described in this Statement of Work in the time period of performance. Contractor warrants that only personnel with the necessary training, skills and experience are to be assigned to this contract.

Crew personnel must be experienced and possess the equipment operating skills to successfully complete this Contract.

Contractor shall comply with all the applicable laws and regulations of the U.S. Department of Labor and U.S. Immigration and Naturalization Service. Undocumented workers are not authorized to work on this contract.

The contractor must review and abide by the description of the ODA and USDA ALB Quarantine. Before commencing work, the successful contractor (and any subcontractors) shall attend an ALB compliance training and shall be certified by the USDA and ODA to perform work within the ALB Quarantine area. The training will be provided at the Ohio ALB Program office at a mutually agreeable date and time.

3.4.1 Foremen

The contractor shall ensure that one foreman is assigned to work with and supervise work at the marshaling yard. USDA shall not pay the travel costs for replacement of unacceptable staff or emergency staffing changes.

The Foreman shall remain available to the USDA COR by cellular phone on a twenty‐four hour basis during active field operations.

3.4.1.1 Telephone Communications:

The contractor shall have a minimum of one cell phone per foreman (and provide the numbers to USDA) to use to maintain communications with designated employees of contractor and USDA.

The contractor shall be responsible for the maintenance and proper operation of the telephones at its expense.

3.5 Equipment Specifications

The contractor is responsible for furnishing all equipment necessary to accomplish the work. Necessary equipment may include, but is not limited to, the following:

Chipper/Grinder: Minimum 30” capacity needed. NOTE: Site specifications may require larger capacity or additional equipment.

Incinerator: high heat/clean burn technology with exhaust opacities under 10% per EPA Method 9 Testing

Contractor must provide independently mobile loading equipment to bring wood/debris to the grinder/incinerator (e.g. loader with claw attachment).

Contractor must provide front‐end loader with conventional bucket for loading chip transport trucks if producing chips/mulch.

Upon request by the COR or Contracting Officer, the contractor must present specifications for any required machinery that will be used during the performance of the contract.

3.5.1 Condition of 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 determined by the contractor or USDA Inspector 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 that is observed to be leaking fluids of any kind shall not be used on the project until repairs are completed so there is no leaking of fluids.

3.6 Reporting Requirements

Contractor shall provide all reports deemed necessary by USDA, including but not limited to, record keeping associated with the designated site records of material ground, safety training and weekly safety inspections of personnel, and grinding operation, including production output sent for incineration.

3.6.1 Record Requirement

Records shall attest that all portions of the regulated material have been appropriately processed.

3.7 Safety Precautions

Safety must be given top priority and will take precedence over deadlines, production schedules, and all other considerations.

The contractor will perform the work with due care taking precautions against injury to persons, damage to property and interference with vehicular or pedestrian traffic. The contractor shall take the necessary precautions to ensure the safety of all persons engaged in the work of this contract.

The contractor must prevent traffic hazards by erecting barricades, lights or signs at his/her own expense.

The contractor is required to follow the rules and regulations of all other agencies and all authorities who have jurisdiction to safeguard the public. No thoroughfare of any kind shall be closed without the written consent of the proper authorities. The contractor is advised to post “No Parking” signs prior to commencing work. Signs will be taped or tied in place. Stapling, nailing or tacking of signage to trees or utility poles is strictly prohibited. All signs are to be removed upon completion of work. If permits are required for posting signage it will be the contractor’s responsibility to secure the permits and pay any fees or bonds required.

3.8 Damage Claims

It is the contractor’s responsibility for repairing any damages to buildings, sidewalks, cars and any other property damage caused by the contractor’s operation. The contractor shall be responsible for the treatment costs and financial losses of an individual physically injured or treatment costs or value of an animal owned by a private party, be it a “pet” or livestock, if injured, or killed by contractor operations.

The contractor shall notify the USDA of any damages by the end of the business day on which such damage occurred or were reported by a property owner, except that injuries to persons or animals will be reported immediately to the COR/COTR via cell phone or in person. All damage shall be repaired within two (2) weeks or other time frame as agreed upon by the two parties. The contractor shall supply, on company letterhead, an original of the release agreement signed by the injured party and counter‐signed by a Principal of the contractor indicating that the damage claim has been resolved. An alternate acceptable release shall be a letter from the contractor’s insurance company indicating policy number, contractor’s name and address, contract number, location, claimant’s name and address, and a statement saying that they are processing said claim and releasing the USDA from any and all liabilities. The contractor has three (3) weeks from the time the damage occurred to submit the release to the USDA for final approval.

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.

3.9 Contractor Performance Requirements

The Contracting Officer (CO), Contracting Officers Representative (COR), and other Government personnel, as appropriate, will 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 being performed 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. Meetings may be in person, or teleconference as agreed to by the parties.

The contractor shall become familiar with restrictions and regulations established by all governing authorities having jurisdiction. Implementation of restrictions and regulations will not be considered as grounds for any additional costs over the contract sum. All work shall be performed in accordance with the most recent revision of the American National Standards Institute (ANSI) A300, Tree Care Operations ‐ Tree, Shrub, and other Woody Plant Maintenance – Standard Practice (www.tcia.org), and applicable Occupational Safety and Health Administration regulations (www.osha.gov).

All surplus material from sites shall be cleaned up and disposed of in accordance with the applicable requirements. All areas shall be kept clear. The contractor shall clean, sweep and restore to original condition, all areas of paving, parking, lawns and sidewalk that have been disturbed or dirtied by the work of this contract. This material is to be disposed of in a manner acceptable to authorities having jurisdiction.

The contractor shall comply with recommendations from the State of Ohio or other Government entity as approved by USDA to minimize air pollution due to dust and other particulate dispersal, erosion, and soil damage in connection with any operations under this contract. The contractor will install all mitigation measures according to the most recent standard available. Further, the contractor will comply with all applicable state and federal laws pertaining to air and water quality in connection with any operations under this contract. The contractor will take every reasonable precaution not to pollute or obstruct the flow of any stream, lake or reservoir on or adjacent to the contract area as follows:

No hazardous materials, including but not limited to oils, fuels, and hydraulic fluids, may be deposited during contracted operations. This excludes the legal application of herbicides in accordance with label instructions, local, state, and Federal regulations. In the event that hazardous materials, inclusive of approved herbicides, are deposited on private or Government lands through an accidental spill or otherwise, the contractor agrees to immediately contain the spill using appropriate means and further agrees to notify the Government as soon as possible regarding the type, amount, and location of deposited materials.

The contractor is liable for all costs incurred from the cleanup of all spills and leakages of hazardous materials from the contractor’s equipment. The contractor agrees to correct the situation to the satisfaction of the Government, including but not limited to removal and appropriate disposal of contaminated soil based on the Government's determination. All petroleum products, industrial chemicals and similar materials will be stored at the contractors staging facility only and in durable containers so any accidental spillage does not drain into any river, watercourse, lake, or reservoir.

The contractor shall conduct all operations in connection with this contract in compliance with applicable provisions of Federal, State and Local labor safety, health and sanitation laws, codes, and regulations.

The Contractor shall supervise and direct the work, using skillful labor and proper equipment for all work.

The Government reserves the right to inspect the site, verify quantities, and review operations at any time.

The Contractor shall give 24 hours advanced notice for all removal subcontract work done in conjunction with the Asian Longhorned Beetle project and will be monitored by the Contracting Officer’s Technical Representative or the Contracting Officer’s Representative.

4.0 Contract Administration

4.1 Payments

The payment provided for in the contract shall constitute full compensation for furnishing all materials and for performing all work under the contract in a complete and acceptable manner. The contract work shall include providing the location, equipment, tools, supplies, labor, supervision, incidental materials, quality control, environmental protection, meeting safety requirements, and performing all work required for which separate payment is not otherwise provided. Compensation for all work shown, specified, or essential to completion of the project (whether or not the specific material or operation is indicated) shall be included on the Pricing Schedule. The payment provided for in this contract includes compensation for all risk, loss, damage, and expense arising out of the nature of the work or its prosecution, subject to conditions of the contract. Payment for each contract line item will constitute full compensation in full for performing the requirements of this contract as specified.

a. Mobilization and Demobilization.

Payment will be made for furnishing all materials, equipment and labor, and performing all operations necessary for moving the equipment to the project site, and for moving of equipment off the site.

The Government will pay all costs for the mobilization and demobilization of all of the Contractor’s plant and equipment at the contract lump sum price for this item.

(1) Sixty (60) percent of the lump sum price upon completion of the contractor’s mobilization at the work site

(2) The remaining forty (40) percent upon completion of demobilization.

The Contracting Officer may require the Contractor to furnish cost data to justify this portion of the contract price if the Contracting Officer believes that the percentages in items (1) and (2) above do not bear a reasonable relation to the cost of work in this contract.

b. Manage Marshaling Yard. Invoices may be submitted on a bi‐weekly basis for supervision and direction of safe and efficient operation of the marshaling yard. Maintaining a safe and efficient marshaling yard encompasses activities such as machine maintenance and repair, deregulated chip disposal, snow removal, mowing/landscaping, placing/removing signs, building maintenance, and general upkeep. Staffing of the marshaling yard to adequately complete the deregulation of the material brought to the yard shall be included in cost of managing the yard as well as the contractor securing the physical location of the marshaling yard.

c. Chip/Incinerate Normal Quantities.

The USDA will pay on a cubic yard basis for all materials incinerated or ground to a one (1") or less in two or more dimension chip size at the marshaling yard. Please note that even if it is necessary to grind the material multiple times, the contractor will still be paid only once for the cubic yardage. It is the contractor’s responsibility to have equipment capable of incinerating or grinding the material to a deregulated state.

The cubic yard measurement of material will be determined when the material is received at the marshaling yard, through a combination of visual estimate and truck bed measurement. Trucks with less than full capacities will be adjusted down by visual inspection by the USDA/ODA monitor.

Load tickets will be used for recording volumes of regulated materials. Measurements may be made of material after it has been deposited to determine the quantity.

Items of work include, but are not limited to, furnishing all materials, equipment and labor, and performing all operations required for deregulating and properly disposing of materials. If there is a dispute COR has the final say on ticket quantities. This contract line item is stand‐alone and may not be combined with Chip/Incinerate Mixed Quantities Quantities for payment purposes.

d. Chip/Incinerate Mixed Quantities.

The USDA will pay on a cubic yard basis for chipping mixed quantities. Tree removal contractors sometimes bring in large quantities of dirt and other materials mixed in with woody debris. The cubic yard measurement of the mixed material will be determined when the material is received at the marshaling yard, through a combination of visual estimate and truck bed measurement.

This contract line item item is stand‐alone and may not be combined with Chip/Incinerate Normal Quantities for payment purposes.

Items of work include, but are not limited to, furnishing all materials, equipment and labor, and performing all operations required for separating miscellaneous material from the woody debris or chipping/incinerating woody debris with the miscellaneous material. The COR has the final say on ticket quantities.

4.2 Submission of Invoices

Draft invoices should be sent to the Contracting Officers Representative (COR) via email. The COR will confirm the draft is accurate and notify the contractor to submit an invoice into IPP.gov (see below).

All Invoices must be submitted through the Invoicing Processing Platform at:

www.ipp.gov

USDA uses the Invoice Processing Platform (IPP) for electronic submission and tracking of purchase orders, invoices, and payment information to its suppliers of goods and services: Enroll at https://ipp.gov. The IPP is a government‐wide secure web‐based invoice processing service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s Financial Management Service (FMS).

The COR confirms services and the regional office completes invoice payment

4.3 Contracting Officers Representative

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

The COR will be the contractor’s local Government contact for contracts awarded against this requirement and will be designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions.

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

Contracting Officers Representative (COR) – The Primary COR and Alternate CORs must have a letter of COR delegation.

Primary: Sarah Pollard 1761 State Route 125

Amelia Plaza Suite A Amelia, Ohio, 45102 Office (513) 381‐7180 Fax (513) 381‐7198 Cell (513) 430‐0684 Email: Sarah.E.Pollard@aphis.usda.gov

Alternate COR: Ian Krieglstein 1761 State Route 125 Amelia Plaza Suite A Amelia, Ohio, 45102 Office (513) 381‐7180 Fax (513) 381‐7198 Cell (513) 773‐6070 Email: Ian.Krieglstein@aphis.usda.gov

2.0 CONTRACT CLAUSES

52.212‐4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (MAY 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post‐acceptance rights—

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

(2) Before any…