RFQAG65T0S150021FPRDNoxiousWeedSpraying.docx

RFQ AG-65T0-S-15-0021 FPRD Noxious Weed Treatment Services

United States Department of Agriculture

Non Discrimination Statement The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

NEBRASKA NATIONAL FORESTS

FORT PIERRE NATIONAL GRASSLANDS

NOXIOUS WEED TREATMENT AND INVENTORY SERVICES

SECTION B - Supplies or Services and Prices/Costs Schedule of Items

$7,500.00

$500.00

GRAND TOTAL

NOT TO EXCEED $35,000 TOTAL

NOTE: Apply herbicide at optimal stage of plant development to be most effective. For the species being treated, this could require the contractor to return to an area at varying times. The preferred development stage for all targeted species is in the rosette to flowering stage.

SECTION C - Description/Specifications/Statement of Work

SCOPE OF CONTRACT

The services covered in this solicitation and resultant contract are for inventorying noxious weeds and applying herbicides for the control of noxious weeds on Public Lands. Areas to be inventoried and treated are predominately rangeland with some riparian areas (creeks, dams, or dugouts) within the boundary of the Fort Pierre National Grassland. The species being targeted are: sickleweed, sulfur cinquefoil, and thistles (Canada, bull, and musk).

LOCATION AND DESCRIPTION

Treatment area covers portions of the Fort Pierre National Grassland south of Fort Pierre, South Dakota. Maps showing priority areas with infestation locations are attached.

TECHNICAL SPECIFICATIONS

PERFORMANCE STATEMENT OF WORK (PWS)

NOXIOUS WEED TREATMENT SERVICES

SECTION I – GENERAL

1.1 SCOPE OF WORK. The contractor shall be required to:

· Furnish all labor, transportation, equipment, herbicide, personal protective equipment, water, services, supervision, permits, and licenses necessary to treat noxious weeds.

· Applications by equipment will require 20 gallons of water/herbicide mix per acre for sickleweed and 10 gallons of water/herbicide mix per acre for the remaining species.

· Preferred herbicide and rates:

· Sickleweed: Telar XP at 1 oz. /acre

· All others: Milestone at 7 oz. /acre

· Apply herbicide at optimal stage of plant development to be most effective. For the species being treated, this could require the contractor to return to an area at varying times. The preferred development stage for all targeted species is in the rosette to flowering stage.

· The government has approximately $35,000 to spend for this contract. The contractor is asked to quote the number of acres they will be able to treat per species based on the following breakdown:

· $7,500 for sickleweed

· $500 for sulfur cinquefoil

· $27,000 for Canada, bull, and musk thistle

· The successful contractor shall submit inventory and treatment data in the specific data format of the Nebraska National Forests & Grasslands Noxious Weeds Geodatabase. The specific data format is an ESRI ArcGIS version 9.2 personal geodatabase. The database contains the spatial and tabular data. Many data elements are required.

· Contractor will provide GIS based maps along with raw GPS data (datum used shall be discussed with Forest Service before collection of GPS data) of treated areas along with pesticide application records to the Forest Service at the completion of treatment. The contractor will also be required to provide the Forest Service with total pounds of active ingredient per acre applied at the conclusion of the project.

· Contractor will comply with all pesticide use requirements set forth under SD Law (SDCL) 38-21 and Administrative Rule (ARSD) 12:56.

· This statement of work consists of completing the tasks/subtasks in Section V to the performance requirements of Section VII. Services shall be in compliance with the terms, conditions, and specifications herein.

1.1.1 LOCATION DESCRIPTION. The treatment area covers priority sections of the Fort Pierre National Grassland. (See attached maps) These maps show the known infestation locations within these priority treatment areas based on past treatments and inventories. They are for reference only and are approximate in nature.

1.1.2 PERIOD OF PERFORMANCE. Services covered in this solicitation and resultant contract are to be performed during the 2015 field season. Work shall occur when the target plants are actively growing and weather conditions allow them to be susceptible to herbicide effects as per label directions. Work may begin mid-May of 2015 and the Contractor shall complete all fieldwork no later than August 28, 2015 and all reporting documents along GPS/GIS data no later than September 11, 2015. All reports and data must be received in satisfactory format prior to payment.

1.1.3 ACCESSIBILITY. Specific site maps identifying units and road access shall be provided to the contractor.

1.1.4 BOUNDARIES. Maps will be provided to the contractor detailing the treatment area and identifying any interior private lands.

1.1.5 NOXIOUS AND INVASIVE WEEDS. The contractor shall be experienced in noxious and invasive weed management and herbicide use. The contractor shall be able to identify target weed species in all stages of development and to distinguish between target and non-target species.

1.1.6 CONTRACTOR REPRESENTATIVE. The contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who shall act for the contractor when the contractor is absent shall be designated in writing to the contracting officer. The contractor representative or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contractor representative and alternate(s) must be able to read, write, speak, and understand English.

SECTION II – DEFINITIONS

2.1 STANDARD DEFINITIONS

2.1.1 ACCEPTABLE QUALITY LEVEL (AQL). The maximum allowable deviation from perfect performance that may occur before the Government will invoke payment deduction. An AQL does not allow a contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

2.1.2 DEFECTIVE SERVICE. A unit of service which contains one or more defects, or nonconformance with specified requirements.

2.1.3 PERFORMANCE REQUIREMENTS SUMMARY (PRS). Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the contractor.

2.1.4 QUALITY ASSURANCE. Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS).

2.1.5 CONTRACTING OFFICER’S REPRESENTATIVE (COR). A government person appointed by the contracting officer to help the contracting officer with contract administration and surveillance.

2.1.6 GOVERNMENT INSPECTOR. A government person responsible for surveillance of contractor performance.

2.1.7 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document used for quality assurance surveillance. The document contains specific methods the Government will use to perform surveillance of the contractor.

2.1.8 QUALITY CONTROL. Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

2.1.9 SPRAY SHEET. Blank field spray sheets that the contractor uses to document location and type of herbicide used on a particular area will be provided by the NNFG. Herbicide record sheets are required to be submitted to the COR/Inspector within two (2) weeks of final treatment.

2.1.10 RANDOM SAMPLING. A sampling method in which each service output in a unit has an equal chance of being selected.

2.2 TECHNICAL DEFINITIONS

2.2.1 ACCESS TO TREATMENT AREAS: Access to treatment areas requires travel and treatment operations on or near: paved roads, graveled County roads, and non-graveled two track Forest Service roads. The treatment areas may be along or away from roads and within areas with no developed road access. Access is allowed off designated routes as displayed in the Nebraska National Forest’s Motorized Vehicle Use Map by authorization only issued by the Fort Pierre District Ranger. Your access must be timed such that road or trail surfaces are not subjected to unreasonable resource damage.

2.2.2 AQUATIC AREA: Any type of lake, pond, dam, spring, or stream course that contains an invasive plant species.

2.2.3 BOOM SPRAYER: Spray equipment capable of delivering a minimum of 20 gallons per acre. A minimum of 20 gallons of carrier per acre is required for sickleweed and 10 gallons for the other target species. Boom sprayers shall be equipped with an identifier system to minimize swath overlap such as a ribbon or flagging system. ATV/UTV boom-less nozzles are not considered as boom sprayers.

2.2.4 CLEANUP AND DISPOSAL: Clean up and disposal of excess herbicide and empty containers is the contractor’s responsibility and will be in accordance with the manufacturer’s instructions and applicable to Federal and State Laws.

2.2.5 GIS & GPS SPECIFICATIONS:

Field Survey Operations and Procedures:

Inventory, treat and record noxious weed sites in accordance with the Nebraska National Forests and Grassland Noxious Weed User Guide (separate attachment) of this solicitation. The final product submitted is inventory and treatment data in the specific data format of the NNFG Noxious Weeds Geodatabase; this will be submitted to the COR within two (2) weeks of treatment completion. During the contract the contractor may submit data to the COR bi-weekly to ensure that the information is being recorded correctly. The database is an ESRI ArcGIS version 9.2 personal geodatabase. The database contains the spatial and tabular data. Many data elements are required.

Field survey operations using GPS requires:

1. Use of a GPS unit capable of loading and using NNFG Noxious weed data dictionary (.ddf) files (TerraSync v5.0 or newer version). Concurrent GPS software.

2. Computer with hardware capacity to run at minimum ESRI 9.2 ArcGIS software and to convert GPS data into ArcGIS layers.

3. At minimum ArcGIS 9.2 software (ESRI) for aggregating exported GPS files into ArcGIS layers.

4. Knowledge and understanding of the requirements of the NNFG Noxious Weed User Guide, Nebraska Noxious Weed GPS User Guide, and Editing the Noxious Weed Geodatabase

5. Knowledge of GPS and ArcGIS accuracy and standards.

GIS Layer:

1. All weed inventory and treatment sites will be combined into one ESRI ArcGIS version 9.2 polygon personal geodatabase. The database contains the spatial and tabular data. Feature class will be referenced to the North American Datum, 1983 (NAD83) in the Universal Transverse Mercator (UTM), zone 13 North. Coordinates will be reported in meters. (Note: If using Trimble Pathfinder Office software, use the NAD83 (Conus) CORS96 Datum.

2. Shapefile will be referenced using the following export coordinate system, units, and velocity:

3. Shapefile will be exported using code values assigned in the Data Dictionary along with the additional attributes:

· PDOP

· Receiver Type

· Correction Status

· Data File Name

Final GPS products submission

· The following digital data is to be provided on CD: Field data files, differentially corrected files, and final GIS feature class within the ESRI ArcGIS v9.2 personal geodatabase. All reports must be submitted within two (2) weeks of final treatment and no later than September 11, 2015. If deficiencies are found, all data will be returned for corrections. Payment will not be made until all reports/data received are found to be satisfactory.

2.2.6 MIXING SITE: All mixing and rinsing during the operational period will take place in the field within the treatment areas at a distance no less than 100’ from any stream course, trees, or crops. All mixing and rinsing prior to the start of each season or at the end of the season, shall be prohibited on National Forest. Riseate will be reused as spray solution as much as possible until project completion. Riseate application rates shall not exceed ¾ ounce per acre.

2.2.7 NOXIOUS WEED LIST:

2.2.8 SPRAY EQUIPMENT: All spray equipment shall be accurately calibrated to ensure herbicide is applied as per manufacturer recommended application rates. All spray equipment would be operated in accordance with owner’s manuals. Weed treatment accomplished by the use of spray equipment installed in trucks, ATVs, or UTVs would follow manufacturer specifications and recommendations, including those specific to weight restrictions.

2.2.9 WEATHER CONDITIONS: Herbicide shall not be applied if temperatures exceed 95 degrees and or the wind speed exceeds 15 mph in all areas excluding aquatic areas.

2.2.10 WEED DATA DICTIONARY: A data dictionary is a list of features and attributes that are collected in the field. It ensures that the collected data is always consistent. In the field, the data dictionary structures and speeds up data collection and allow crews to enter data in the correct format. This ensures data uniformity and integrity, as well as compatibility with the GIS database. The Government provides a TerraSync version 5 or greater data dictionary to the contractor each year at the beginning of the contract as changes can occur.

SECTION III – GOVERNMENT FURNISHED PROPERTY, MATERIALS, SERVICES

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.

1. Hard Copy Maps of detailed treatment areas.

2. NNFG Noxious Weeds User Guide, Nebraska Noxious Weed GPS User Guide, and Editing the Noxious Weed Geodatabase

3. Weed Data Dictionary compatible with Trimble GPS units using TerraSync v5.0 or greater

4. Electronic Data Templates (ESRI ArcGIS v9.2 blank personal geodatabase) containing the proper data format, or a list of attributes to be collected with the format

5. Blank Fields Sheets

SECTION IV - CONTRACTOR FURNISHED ITEMS/SERVICES

The contractor shall furnish everything, including water, required to perform this contract with the exception of the herbicide.

SECTION V - PERFORMANCE WORK STATEMENT TASKS AND CRITICAL SUBTASKS

The following tasks are to be performed to the quality performance requirements shown on the Performance Requirements Summary table in Section VII.

5.1 WEED TREATMENT/INVENTORY/DATA: The contractor shall use herbicides according to product labels to spray noxious weeds on the Fort Pierre National Grassland and record treatment areas as follows:

5.1.1 Apply herbicide at optimal stage of plant development to be most effective. For the species being treated, this could require the contractor to return to an area at varying times. The preferred development stage for all targeted species is in the rosette to flowering stage. The herbicide application rates are as follows:

· Sickleweed

· Telar XP, Escort XP or Metcal at 1 ounce per acre with a carrier agent applied at 6 ounces per acre.

· Sulfur cinquefoil and thistles

· Milestone at 7 ounces per acre with a carrier agent applied at 3 ounces per acre.

5.1.2 Record data on each site visited and/or sprayed according to the attached requirements. On a regular basis, provide government inspectors with GPS coordinates of sites sprayed by the contractor.

5.2 SUBMITTALS: The contractor shall provide the following submittals:

5.2.1 QUALITY CONTROL PLAN (QCP): The contractor shall establish and maintain a complete Quality Control Plan acceptable to the Government to ensure the requirements of the contract are provided as specified. The QCP includes the contractor’s inspection system and the method for identifying and preventing defectives in the quality of service preformed. No work may start until the Contractor’s Quality Control Plan is submitted and accepted by the Government, and the Notice to Proceed is issued.

5.2.2 WORK PLAN: The Work Plan shall describe how the contractor plans to perform the project, including methods, personnel certifications and calibration rates, and list of equipment by make and model. No work may start until the Contractor’s Work Plan is submitted and accepted by the Government and the Notice to Proceed is issued.

5.2.3 PROGRESS SCHEDULE: The contractor shall prepare and submit a practical schedule showing the order in which the contractor will perform the work and the dates on which the contractor contemplates starting and completing each task, unless specific treatment areas list both required start and stop work dates. No work may start until the Contractor’s Progress Schedule is submitted to and accepted by the Government, and the Notice to Proceed is issued.

5.2.4 DATA SUBMITTAL: The contractor shall provide copies of all digital data on a CD, field data files, differentially corrected files, final GIS geodatabase in meters and shall use Datum NAD83 Zone 13, UTM projection, spray records, and self-inspection records. These items are to be submitted to the COR within two (2) weeks of completion of the final treatment area. Inaccurate or incomplete data will be returned to the contractor for correction.

SECTION VI - GOVERNMENT PUBLICATIONS/INDUSTRY STANDARDS/STATE STANDARDS/GOVERNMENT STANDARDS/TECHNICAL EXHIBITS Technical specifications and attachments:

· All spray equipment must be capable of delivering at least 20 gallons per acre. A minimum of 20 gallons of water per acre is required for sickleweed and 10 gallons for the remaining target species.

· Contractor must certify that spray equipment can be accurately calibrated and the products applied at required label rates.

· Contractor shall comply with all federal, state, and local rules, regulations, and laws pertaining to the work required by this contract.

· Contractor will be required to adhere to all aspects of pesticide labels used during treatment.

· Target weed species shall be sprayed at optimal stage of development for herbicidal action to take place. Timing will be consistent with factors such as target species growth stage, product formulation and weather.

· Treatment areas shall be uniformly traversed with spray vehicles. Overlap of spray swaths should be kept to a minimum. Spray vehicles should be equipped with an identifier or an identifier system to insure reduced overlap of spray swaths. Spray will not come in contact with standing water in ponds or drainages. Care will be taken to avoid spray contact with adjacent crop fields, trees, and stock tanks.

· Spraying will cease in the event of rain or wind in excess of 15 miles per hour or when temperatures exceed 95 degrees Fahrenheit.

· Mixing and rinsing will take place in the field within treatment areas at a distance greater than 100ft. upstream of standing water, trees or crops. Rinseate will be reused as spray solution as much as possible until project completion. Final leftover rinseate may be applied to treatment areas.

· Contractor shall ensure all equipment moved onto National Forest system land is free of soil, seeds, vegetative matter, or other debris that could contain or hold noxious weed seed. The Forest Service may request inspection of equipment prior to it being placed into service.

· Payment for treatment will be based on acres of noxious weeds sprayed with herbicide.

· Preparing tank mixes, cleaning spray equipment or disposing of herbicide containers shall not occur at any Forest Service facility.

· All equipment used in treatment will have adequate fire extinguishers and other fire prevention mechanisms.

SECTION VII - PERFORMANCE REQUIREMENTS SUMMARY

STANDARD

5.1 - Noxious Weed Inventory/ Treatment Data

Weeds will be treated as per herbicide label directions

Responsible for the effects of herbicide residue on non-target species and any drift.

Equipment will be equipped with anti-siphon devices to prevent contamination of any water supply

Treat at temperatures less than 95 F and wind speeds less than 15 mph

Complete treatment data table according to required standards as defined in Section 2.2.5 and on a regular basis, provide Government Inspectors with GPS data of treated sites

90% Acceptable level of performance thus resulting in 90% kill

Less than 20% loss of non-target species

Follow task order direction and manufacturer label direction 100% Review contractor’s records of treatment, inspection, and sampling results, and perform periodic on-site inspections

Government shall perform our own sampling through a series of ocular inspections

Checking compliance of contractor supplied inspection plots

Field check fill site Rework at contractors expense

Payment will be deducted in accordance with G.5 Payments.

Poor performance rating

5.2 - Submittals

5.4.1 - Quality Control Plan (QCP)

5.4.2 - Work Plan

5.4.3 - Schedule of Work

5.4.4 – Data Submittals

All submittals are received within 10 days after contract award

QCP includes contractor’s inspection system and the method for identifying and preventing defectives in the quality of service preformed.

Includes method and frequency of inspections

On-site records of all quality control inspections are submitted weekly

Contractor will submit GPS/GIS data as outlined in 2.2.5 above.

SECTION D - Packaging and Marking (For this Solicitation, there are NO clauses in this Section)

SECTION E - Inspection and Acceptance

52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://acquisition.gov/far/

52.246-1 Contractor Inspection Requirements. (APR 1984)

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

At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

The self-inspection process for treated areas shall be documented and submitted on a weekly basis after the Notice to Proceed occurs, and be representative of a treatment area.

The QCP shall specify:

B. Contractor Quality Control Inspection. The Contractor shall assure themselves that performance meets contract specifications, in accordance with clause FAR 52.212-4, Contract Terms and Conditions – Commercial Items, paragraph (a), Inspection/Acceptance prior to requesting the Government to inspect for payment or acceptance.

The GIS geodatabase containing the data for treated locations needs to be passed on to the COR or Inspector. This is to provide areas for the inspector to complete inspections on treatment areas. Required weed data including field spray sheets, and ArcGIS geodatabase data shall be submitted to the COR or Designated Inspector bi-weekly.

B. Acceptance. Acceptance of the work under the contract will be made after Government inspection and the Contracting Officer has made the determination of satisfactory compliance with the specifications. All required contract specifications shall be satisfactorily completed in each unit before acceptance will be made. Acceptance will not be made for segments broken by unacceptable portions of work.

C. Rework and Re-inspection after Rework. If the contractor fails to meet the minimum AQL, the contractor shall rework the area. The Government will conduct an inspection and up to one re-inspection for each area. When inspections indicates that the performance objectives were not met, the work will be deemed unsatisfactory and payment will not be made until the Contractor has assured the Government that its Quality Control measures have corrected the deficiencies. Inspections after rework will be made in the same manner as the first inspection.

SECTION F - Deliveries or Performance

52.242-15 Stop-Work Order. (AUG 1989)

F.1 SUSPENSION OF WORK

Whenever the Contracting Officer determines that the temperature, humidity, soil moisture, plant moisture stress, winds, or combination of these and other physical conditions have become unsuitable for project to continue in any area, the Contractor shall move the work force to another area(s) prescribed by the Contracting Officer. When no other area is available, the Contracting Officer will issue a suspend work order for the bid item and contract time will stop for that item. When conditions are again favorable, the Contracting Officer will issue a verbal resume work order and confirm the resumption in writing. Contract time will resume on the effective work resumption date. In all cases, the Contractor shall resume work within 3 calendar days after the effective work resumption date. It is the Contractor's responsibility to keep the Contracting Officer currently advised as to where the Contractor or the Contractor's Representative may be reached by telephone during periods of work suspension. If the Contractor cannot be reached at the telephone number provided, or if the Contractor fails to leave a number, a written resume work order will be mailed and contract time will resume on the date specified on the resume work order.

F.2 452.211-72 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

F.3 452.211-74 Period of Performance. (FEB 1988) The period of performance of this contract is from late May/early June 2015 through August 28, 2015

Work may commence as early as the late May, but generally plants are ready for treatment based on growth stage in early June. All treatment work should be completed by August 28, 2015 and all reports and spatial data are to be submitted, in satisfactory condition, by September 11, 2015. However, weather variations can and do occur, thus a starting and ending dates can differ. Ending dates may vary based on the performance and timeliness if reaching the target and requirements in Section VII. See Section 1.1.1 for more information regarding Period of Performance.

F.4 452.211-75 Effective Period of the Contract. (FEB 1988) The effective period of this contract is from late May/early June 2015 through September 11, 2015

SECTION G - Contract Administration Data

G.1 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

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

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly.

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

The COTR's major duties and responsibilities are contained in the Forest Service Handbook of Contract Administration. The COTR is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

G.2 CONTRACTOR’S REPRESENTATIVE

The Government may, at its option, suspend work with full count of contract time continuing, if the Contractor fails to provide a Contractor's Representative (1) conversant in the English language and (2) able to read and understand the contract.

G.3 AGAR 452.215-73 Post award Conference. (NOV 1996)

(a) A post award conference with the successful offeror is required. It will be scheduled within 10 calendars days of award.

(b) The conference will be held at: Fort Pierre District Office, 1020 N. Deadwood Street, Fort Pierre, SD.

G.4 SCHEDULES FOR SERVICE CONTRACTS

If Contractor's progress falls behind progress work schedule, the Contractor shall take such action as necessary to improve his progress; in addition, the Contracting Officer may require Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time(s) set forth in the contract.

Contractor shall schedule work to allow enough time for final inspections and any possible reworks to be completed by the contract end date.

G.5 PAYMENT

Payment at contract price will be made on a per acre cost less any deductions or adjustments as provided in the PWS.

Work meeting at least 90 percent AQL will receive 100 percent payment. Falling below 90 percent to 80 percent AQL will receive the same percentage of the amount due for payment. Falling below 80 percent AQL will result in 90 percent of the actual AQL for that unit.

G.6 NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

G.7 NOTICE TO PROCEED

A Notice to Proceed will be issued in writing by the Contracting Officer or Contracting Officer's Representative (COR). No work shall begin until receipt of this notice. Supplies should not be purchased prior to the Notice to Proceed or the Contractor will not be reimbursed in the case of a Termination of the contract. Contract time shall commence on the day indicated on the Notice to Proceed.

G.8 FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

SECTION H - Special Contract Requirements

H.1 452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Licensed commercial applicator for rangeland/agriculture in the State of South Dakota; Weed Applicators

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

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

For each yarder, loader, jammer, chipper, crawler tractor, skidder, hauling truck, portable welder, or comparable type equipment, the Contractor shall furnish one shovel, size O or larger, attached to each unit and one two and one-half pound or larger dry chemical or four pound or larger carbon dioxide type fire extinguisher attached to each unit.

For each power saw, soil auger, portable pump, or like powered equipment, the Contractor shall furnish one shovel, size 0 or larger, and one dry chemical fire extinguisher, 8 ounce or larger, immediately available to the operator of the equipment. The fire extinguisher shall be with the operator of the equipment; the shovel may be with the fuel can used to refuel the equipment.

Refueling of the equipment shall be done in an area cleared and void of flammable materials. Power saws shall be moved from the spot of refueling before starting.

(b) Fire Prevention.

The Contractor shall immedidately notify the Government of any first sighted on or in the vicinity of the work site. The Contractor may be held liable for all damages and for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents or employees.

Blasting - Advance approval in writing is required from the District Ranger. The use of fuses shall not be permitted, except near power lines where the danger of accidental detonation is present. Use of prima cord will not be allowed in clearing operations where flammable materials are present. A watchman will remain on site for at least one hour after detonation in areas of blasting where flammable fuels are present. Explosives will be stored at all times in a locked box marked "Explosives." All Federal, State, and local laws concerning the use and storage of explosives shall be followed.

Fire Orders/moratoriums – Any fire order issued during the contract will become a requirement of the contract.

Gas and Oil Use and Storage - Gasoline will be stored and transported only in metal containers with tight caps or seals. Gas and oil drum storage areas will be cleared of all flammable material for a distance of 50 feet around the drums. Storage areas will be posted with "No Smoking" signs. Oil filters, oil cans, oily rags, etc., will be removed from the project area and discarded in proper waste disposal receptacles or sites.

Open Fires - In accordance with State and local regulations.

Pursuant to 36 CFR 261.50a the following is prohibited on each National Forest or National Grasslands in the Rocky Mountain Region:

Operating or using any internal or external combustion engine on any timber, brush or grass covered land, including trails traversing such land, without a spark arrester, maintained in effective working order, meeting either (i) Department of Agriculture, Forest Service Standard 5100-1a; or (ii) the 80 percent efficiency level determined according to the appropriate Society of Automotive Engineers (SAE) recommended Practices J335 and J350.

Violation of this regulation and the general prohibitions of 36 CFR 261.3 to .20 is punishable by a fine of not more than $500 or imprisonment for not more than 6 months or both.

Smoking - Smoking is prohibited while operating tractors or open-type vehicles, or while walking or working in an area with flammable fuels.

Welding - All flammable materials will be cleared for a minimum distance of 10 feet around any welding operation. Fire extinguishers and fire tools are required as shown in Section B-1(b).

H.3 Washing Equipment In order to prevent the spread of noxious weeds into the contract area, contractor shall be required to clean all off-road equipment prior to equipment being moved to the project site on National Forest lands. This cleaning shall remove all visible soil, plant parts, seeds, vegetative matter, or other debris that could contain or hold seeds. Only equipment cleaned and inspected by the Forest Service will be allowed to operate within the contract area. All subsequent move-ins of equipment to the contract area shall be treated in the same manner as the initial move in. "Off-road equipment" includes all logging and construction machinery, except for log trucks, chip vans, service vehicles, water trucks, pickup trucks, cars, and similar vehicles.

All spray equipment will be inspected by COR or Inspector and must be washed and cleaned prior to beginning initial project. Any time the equipment is removed and used on lands not included under this contract the COR shall be notified and equipment shall be cleaned prior to commencing work under the contract. In order to minimize the potential for weed spreading, spray trucks and equipment will be pressure washed before moving from one type of infestation to another, unless combinations of infestations already exist.

Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds. Equipment shall be considered free of soil, seed, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required.

Unless otherwise agreed, contractor shall give the Forest Service at least 24 hours’ notice when equipment is ready for inspection. Notification will include an agreed upon location where the equipment will be available for inspection by the Forest Service.

New infestations of noxious weeds are a concern to the Forest Service and shall be identified by either contractor or Forest Service, within the contract area and shall be promptly reported to the other party. Contractor and Forest Service shall agree on necessary steps to reduce or stop the spread of noxious weeds when new infestations are found. A current list, along with photos, of noxious weeds of concern to Forest Service is available at each Forest Service office.

H.5 PERSONAL PROTECTIVE EQUIPMENT

1. The contractor will train in the safe operation and use of equipment to all workers using such equipment. OSHA standards for personal protective equipment shall be followed. Herbicide Material Safety Data Sheets shall be followed.

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used.

CONTRACT CLAUSES

FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (Dec 2014) Alternate I (Dec 2014).

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (Mar 2015)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(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)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

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

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

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

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (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 (Oct 2014) of 52.219-9.

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

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

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

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

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

XX (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

XX (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

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

__ (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (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)).