AG82X9S140002-NNF-PrairieDogDustingIDIQ_v3.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NO.

494526

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NO.

AG-82X9-S-14-0002

6. SOLICITATION ISSUE DATE

01/08/2014

7. FOR SOLICITATION

INFORMATION CALL

a. NAME Brenda Anderson

b. TELEPHONE NO. (No collect calls)

(605) 673-9323

8. OFFER DUE DATE/LOCAL TIME

9. ISSUED BY CODE

USDA Forest Service R2 NT-RMAST Black Hills National Forest 1019 N Fifth St Custer SD 57730-8214

(605) 673-9200 bjanderson@fs.fed.us

|_| UNRESTRICTED

|_| SET ASIDE: 100 % FOR

|_| SMALL BUSINESS

DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

13b. RATING

|_| RFQ

15. DELIVER TO CODE

USDA Forest Service, Nebraska National Forest Wall Ranger District, Pennington, County SD Brenda Anderson (605) 673-9323

17a. CONTRACTOR/

ADDRESS TIN:

DUNS No.

67T0

02/10/2014 (1600 MST)

COB

TELEPHONE NO. ( ) -

Administrative Address Block 9 via Dept. Treasure Invoice Processing Platform (IPP) See G.5 for payment information

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

DUNS #:

Cage Code:

See Schedule of Items All Contractors must be registered in the System for Award Management (SAM.gov). This is a free service.

Attac

Please annotate the solicitation number on the outside of your envelope and return your quote to the address in Block 9 to the attention of the CO listed in Block 7.

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

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

|_| 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA |X| ARE |_| ARE NOT ATTACHED.

|_| 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA |_| ARE |_| ARE NOT ATTACHED.

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

34. VOUCHER NUMBER

35. AMOUNT VERIFIED CORRECT FOR

39. S/R VOUCHER NO.

40. PAID BY

42a. RECEIVED BY (Print)

STANDARD FORM 1449 (REV.3/2005) BACK

SECTION B – SCHEDULE OF ITEMS

OFFERORS MUST PROVIDE A PROPOSAL ON ALL ITEMS TO BE CONSIDERED RESPONSIVE

Base Year 03/01/2014 (or when awarded) through 02/28/2015

Acres

Total for Base Year

Option One - 03/01/2015 through 02/29/2016

Acres

Total for Option One

Option Two - 03/01/2016 through 02/28/2017

Acres

Total for Option Two

Option Three - 03/01/2017 through 02/28/2018

Acres

Total for Option Three

Option Four - 03/01/2018 through 02/28/2019

Acres

Total for Option Four

Proposals shall be valid for 60 days after the date of receipt for the solicitation. If additional time is needed, an extension will be requested. Refer to Section L for instructions on preparing your proposal and pricing.

B.2 ESTIMATED QUANTITY

The amounts shown on the schedule of items are estimates only. This is an indefinite quantity contract. This contract has four options which may be exercised by the Government. Reference FAR 52.216-18, FAR 52.216-19, FAR 52.216-22, and AGAR 452.216-72.

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, ect.) 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.

SECTION C - PERFORMANCE STATEMENT OF WORK (PWS)

PRAIRIE DOG COLONY DUSTING

BUFFALO GAP NATIONAL GRASSLAND

BADLANDS NATIONAL PARK

SOUTH DAKOTA

C.1 Introduction and Background C.1.1 The contractor shall apply DeltaDust to burrows in designated prairie dog colonies on the Buffalo Gap National Grassland and Badlands National Park for sylvatic plague abatement. For each fiscal year, dusting can start when conditions allow and in coordination with the COR, but all designated colonies must be completed by 30 September of the same fiscal year.

C.2 Scope of Work C.2.1 Dusting - The contractor shall dust all burrows in designated prairie dog colonies. Designation of colonies and subsequent acres to be dusted will vary on a yearly basis depending on funding and plague movement in the area. A minimum of 5000 acres will be designated in 2014 but could be adjusted as high as 20,000 acres depending on funding. Most, if not all work will be conducted on the Buffalo Gap National Grassland and select colonies in Badlands National Park (Exhibit 1).

C.3 Definitions.

C.3.1. Acceptable Quality Level. The allowable leeway or variance from a standard before the government will reject the specific service. An AQL does not say that the contractor may knowingly offer defective service. It implies that the government recognizes that defective performance sometimes happens unintentionally. As long as the percent of defective performance does not exceed the AQL, the service will not be rejected by the government. The contractor, however, must re-perform the defective service when possible.

C.3.2 Biobased Products: A product determined by the Secretary of Agriculture(USDA) to be a commercial or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products or renewable domestic agricultural materials (including plant, animal, and marine materials) or forestry materials. Information on biobased/biopreferred products can be found at http://www.usda.gov/biopreferred. In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other biobased products. The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification. The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

C.3.3. Quality Assurance. Those actions taken by the government to check goods or services to determine that they meet the requirements of the SOW.

C.3.4. Quality Assurance Surveillance Plan. An organized written document used for quality assurance surveillance. The document contains information about how the government will assess performance, checklists, and may contain decision tables.

C.3.5. Quality Control. Those actions taken by a contractor to control the production of goods or services so that they will meet the requirements of the SOW.

C.3.6 Quality Control Plan. Contractors plan for self-monitoring work prior to Government inspection and acceptance. See C.5.3.

C.3.7. Random Sampling. A method of looking at a few individual items in a lot to determine the quality of that lot against a standard.

C.3.8. (Acceptable) Service. A job performed to the standard and within the acceptable quality level. The contractor must do the specific job, and meet the standard, and meet the acceptable quality level before one can say that performance has been acceptable and that he/she should be paid.

C.3.9. Standard. An acknowledged measure of comparison.

C.4 Government Furnished Property/Services/Materials/Items C.4.1 Maintain gov’t furnished equipment and perform minor repairs as needed. At completion of project turn-in equipment to FS Rep in working condition. Blow-out technidusters once a week for preventive maintenance. See FAR 52.245-1 Government Property for liability on lost or damaged equipment/supplies.

C.4.1.2 The following list identifies the replacement cost for each government furnished item.

Consumables

C.4.2 Services C.4.2.1 FS will conduct major repairs (defined as needing replacement parts) on technidusters if contractor cannot make repairs themselves. Repaired technidusters will be returned to the Contractor within 10 days.

C.4.2.2 Ensure contractor has government items/property on first day of dusting.

C.4.2.3 FS will provide maps of each prairie dog colony to be dusted.

C.4.3 Contractor Furnished Property/Services/Materials/Items C.4.3.1 The contractor is responsible for furnishing all necessary labor, supervision, equipment and supplies not specifically provided under C.4.2 Government Furnished Property/services/Materials/Items, any incidentals, permits, certifications, trainings needed to comply with the specifications and provide service needed in this solicitation and any resulting contract.

C.4.3.2 In the performance of this contract, the Contractor shall make maximum use of biobased oils and lubricants that are designated by the United States Department of Agriculture unless the product cannot be acquired:

· Competitively within a time frame providing for compliance with the contract performance schedule;

· Meeting contract performance requirements; or

· At a reasonable price.

· Information about this requirement and these products is available at http://www.usda.gov/biopreferred

C.4.3.3 The Federal Acquisition Regulation (FAR) requires Contractors to report the purchase of biobased products under service and construction contracts during the previous Government fiscal year (October 1 thru September 30) and to submit this report no later than:

1. October 31 of each year during contract performance; and

2. At the end of contract performance.

3. Information about this requirement is available at http://www.biopreferred.gov/FARReporting/FARReporting.xhtml C.5 Required Results/Specific Tasks Requirements C.5.1 Crew Qualifications.

C.5.1.1 At least one individual needs to be able to use a Trimble GeoXM GPS to delineate polygons for tracking area dusted and determine acres.

C.5.1.2 Crew members need to be able to operate government furnished and contractor equipment.

C.5.1.3 At least one individual needs to be able to make repairs to technidusters, such as:

1.) Gear replacement 2.) Hose assembly replacement 3.) Circuit board replacement 4.) Gear motor replacement 5.) Air compressor replacement C.5.1.4 Individuals doing the actual dusting need to be certified in categories G and 9 from the State of South Dakota.

C.5.2 Performance Tasks The Contractor is responsible for all necessary labor, supervision, equipment, operating supplies not specifically provided by the Government in C.4, and incidentals necessary to provide service under this contract.

C.5.2.1 The contractor shall dust all burrows in designated prairie dog colonies. Detailed maps of each colony will be provided by FS Rep. Estimated acres for each colony are based on 2013 GPS data. Prairie dog colonies can expand and contract on a yearly basis, thus it is likely that the actual acreage covered will vary from that data.

C.5.2.2 DeltaDust is applied to the inside of the burrow opening via a battery-powered techniduster. Application rate is 4-5 grams of DeltaDust per burrow opening. All burrow openings are dusted, whether active, inactive, badger or other, that are at least 2.75 inches in diameter and deep enough that the end is not visible.

C.5.2.3 Individuals keep track of each burrow dusted. At the end of the work day the dusters will fill-out the data sheet with the total number of burrows they dusted.

C.5.2.4 The area(s) dusted for each day will be GPS’d and acres determined; GPS data will be saved on the device for download at the FS office. Pin flags will mark the corners of the dusted area (i.e., the area dusted for each day) until inspected by FS personnel. Ensure all flags are picked-up after dusting a colony.

C.5.2.5 Data sheets will be filled-out daily to include acreage dusted and total burrows dusted per individual (Exhibit 2). These will be turned-in to the FS when verifying acres dusted through GPS/GIS data and submitting invoice.

C.5.2.6 Coordinate with FS Rep for major repairs on equipment, dust resupply and any other issues.

C.5.2.7 Coordinate with FS Rep on work schedule.

C.5.2.8 Return empty DeltaDust bottles to FS Rep. Any unused DeltaDust will also be returned to the FS.

C.5.2.9 Contractor will cease dusting during significant rain events. Moisture can plug the technidusters. If the ground is muddy or wet and travel to and from the site will cause severe rutting, the contractor must wait for it to dry-out before dusting.

C.5.2.10 The contractor shall dust all burrows towards the edge of the colony until burrow density is less than 2 per acre.

C.5.2.11 When GPSing the area dusted, the contractor shall follow the outer boundary of dusted burrows to determine acres dusted for the day. Upon completion of a colony, the acres dusted per day will be compiled for a total acreage for the colony. Payment will be based-on the contractor’s GPS acres dusted.

C.5.3 Submittals – The Contractor will submit the following:

C.5.3.1 Certifications: Copy of pesticide license for all personnel applying DeltaDust. The Contractor and employees shall be certified by the State of South Dakota to provide pest control services in all the categories specified in this contract (Category G and 9).

C.5.3.2 Quality Control Plan: The Contractor shall provide a Quality Control Plan that describes how the Contractor will assure that the quality of work meets the objectives and requirements of the contract. The Plan will include:

1) How the dust application rate will be measured per individual to meet specifications.

2) How the percent burrows dusted will be measured per individual to meet specifications.

3) What oversight will you provide in filling-out the daily data sheet?

4) Who is responsible for performing quality control plan?

C.5.3.3 Safety Plan: See breakdown in section H.2 Safety Plan. The Contractor shall prepare and supply a contract Safety Plan covering the tasks being performed under the contract. The plan will identify personal safety equipment, a monitoring method to ensure compliance, inspection of equipment and crew transportation, employee certifications, communications, and what is done when adherence to the plan is not followed by the crew. This plan shall be submitted to the Government for review at the time of the pre-work meeting. Work under this contract shall not commence until the plan is provided and reviewed. The Contractor is responsible to follow all applicable state laws, and regulations including OSHA requirements. Ensure individuals that are actively engaged in dusting have required Personal Protective Equipment for DeltaDust application according to label standards (Exhibits 3 and 4).

C.5.3.4 Data Sheets: Turned-in when completing Government acceptance to verify acres when submitting invoice for payment.

C.6 Performance Requirements C.6.1 The contractor is expected to ensure performance to standard through the Contractor’s Quality Control Plan.

C.6.2 Performance Based Summary

C.5.2 Dust Prairie Dog Burrows

Application rate: 4-5 grams of DeltaDust per burrow.

Completion date: All colonies completed by 30 September of the Fiscal Year

+ Full payment for meeting AQL + Good Performance Rating Disincentives:

- Rework of un-acceptable work

- Deduction of payment for incomplete or percent-age of work completed See Section G, Part G.6 Deductions

C.5.3 Submittals

Review list of Licenses provided to the COR against State Database.

Random check of individuals spraying.

+ Meeting requirements for full pay

· Contract Notice of Non-compliance

· Individuals will not be able to apply DeltaDust until certification can be validated.

· Contract shutdown until meet compliance

C.5.3.2 Quality Control Plan

Random monitoring of work on ground and submittals.

+ Quality work receives full payment.

· Contract Notice of Non-compliance

· Deduction

C.5.3.3 Safety Plan

Provide Safety Plan as stated in contract.

100% Update as needed.

Review for contract compliance

+ Issuance of notice to proceed.

· Notice of noncompliance.

100 % All entries filled-in and correct.

Data sheets will be reviewed when submitting invoice and determining acres dusted.

+ All Sheets meet compliance authorization of payment.

· Any sheets not filled-out correctly will be given back to the contractor to correct.

SECTION D -- PACKAGING AND MARKING

{No clauses in this section.}

SECTION E -- INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

E.2 Contractor Self Inspection:

A. The contractor shall conduct self-inspections (QCP) on all aspects of work, collection of data, mapping, and data submittal. The field inspections shall be spread throughout the project area. For all submitted data, the contractor shall provide the Government with an acceptable method of self-inspection. This method shall be accepted and approved by the Government prior to the Notice to Proceed being issued.

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.

E.3 Government Inspection and Acceptance:

A. Government Quality Assurance Inspection. The Government will, at its convenience, make periodic inspections of the work to assure itself of contract compliance and to perform Quality Assurance Inspections to determine if the Contractor is performing quality control in accordance with its QCP and that the Contractor monitoring results in quality performance are within the contract objectives. The Government will assure quality is being met through plots and visual inspections as stated in Section 6.2 - PRS. Inspections will determine both the adequacy of coverage and rate of dust application. A determination of acceptance will be based on percent burrows dusted and dusting application rate meeting the AQL.

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 Reinspection 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. Anytime more than two inspections are required per area, the contractor will be accessed for additional inspections which will include mileage and hourly rate of Inspector or Inspectors. If follow-up inspections indicate that the minimum AQL was not met, the work will be deemed unsatisfactory and a deduction in payment will result (Section G-6).

SECTION F -- DELIVERIES OR PERFORMANCE

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 FAR 52.242-15 Stop Work (AUG 1989) F.3 FAR 52.242-17 Government Delay of Work (APR 1984)

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. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).

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 30 calendars days of award.

(b) The conference will be held at: Location to be determined after award.

(End of Clause)

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 will be made upon completion of each prairie dog colony, sub-colony or a combination of colonies and meeting or exceeding the AQL. Upon acceptance, the Government will pay the per-acre rate for the amount of acres dusted according to the sum of the daily GPS acres dusted. Payment will be determined on the service less any deductions for any nonconforming or unacceptable performance. See Section G-6 Deductions for further explanation.

A signed payment certification must accompany your invoice for payment to be authorized. See Section J.

Effective February 24, 2014, the "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

If you have questions, contact your Contracting Officer.

G-6 DAMAGES

If the Contractor does not complete the work within the designated contract time, actual excess costs will be assessed, such as - but not limited to, additional COR and Inspector time and travel.

The costs associated for re-inspections are: COR Rate - $50.00/hour roundtrip plus mileage at $0.555/mile roundtrip.

Additional deductions may apply under each task item.

G.6.1 - Application rate: Three verbal warnings will be given for not meeting the 4-5 gram requirement per prairie dog colony. If there are 4 or more incidents of not meeting the standard then a 1 dollar per acre deduction per incident will be assessed upon final payment for that particular prairie dog colony. For example, the contractor bids the job at $12.00 per acre and if there are three verbal warnings and a fourth check shows that an individual is not applying 4-5 grams of dust and the entire colony is 500 acres then at completion the contractor will be paid $11.00 per acre ($6,000 vs. $5,500) for a $500 dollar deduction. If there were two incidents above the three warnings then that would be a $1,000 dollar deduction and so forth.

G.6. 2 - Burrow dusting: Anything less than 95% (main) / 90% (edge) and the contractor will have the opportunity to re-do that particular lane or upon completion of the colony the average percent dusted will be used for payment. For example, on a 500-acre colony bid at $12.00 per acre if the contractor meets the AQL of greater than 95% of the burrows dusted then he will be paid 100% for the acres dusted ($6,000) but if there were one or more lanes that were less than 95% burrows dusted and the contractor did not want to re-do them and the final average for the colony comes-out to 93% covered then the contractor will be paid $5,580 (0.93 x $6,000).

G.6. 3 - Completion date: If the contractor does not finish dusting all designated colonies by 30 September for that fiscal year, then the contractor will be given the opportunity to complete the left-over acres at a $0.25 dollar/acre reduction per day until complete. For example, the contractor is on the last colony, which is 500 acres in size and bid at $12.00 per acre. He completes 200 acres and on 30 September but still has 300 acres to go. It takes him 8 days (-$2.00/acre) beyond 30 September to finish dusting. Thus the contractor gets paid $10.00/acre for all 500 acres; a $1000 decrease in what would have been the payment had he completed all colonies by the deadline.

If the contractor is not able to complete the dusting by 30 September because of delays caused by weather (i.e., rain and wet ground conditions) then the contractor will work with the CO/COR on a new completion date with no reduction in pay.

G.6. 4 - Daily data sheets: Upon completion of dusting a colony the contractor will submit the daily sheets as part of the payment process. Any sheets not filled-out correctly will be given back to the contractor to correct. Once all sheets are 100% correct then the contractor will be paid for that particular colony.

G-7 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 REQUIRMENTS

H.1 FIRE PREVENTION AND CONTROL

(a) Tools and Equipment:

The Contractor shall furnish and maintain in a serviceable condition one shovel, size O or larger, for each employee working in the project area. The shovels may be stored in the employee’s private vehicle or the contractor's vehicles, but must be readily available to each employee while in the project area.

For each ATVor comparable type equipment, the Contractor shall furnish one two and one-half pound or larger dry chemical or four pound or larger carbon dioxide type fire extinguisher attached to each unit.

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.

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 H.1 (a).

Open Fires – In accordance with State and local regulations.

Pursuant to 36 CFR 261.50a the following is prohibited on each National Forest 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.

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.

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

H.2 SAFETY PLAN

a. The Contractor shall provide a copy of their safety plan at the pre-work meeting. This copy of the Safety plan shall be kept in the contract folder for OSHA’s review.

b. The Safety Plan should be available to all employees and subcontractors working on the contract.

c. The Safety Plan should cover at a minimum:

i. Safety briefings covering the work area, equipment being used, and any special considerations for the work under the contract.

ii. Personal Protective Equipment required for the work under the contract.

iii. Identify appropriate OSHA requirements for the type of work under the contract.

iv. Weather considerations for the time of year of the contract.

v. Communication issues and locations of the nearest medical facilities.

vi. Name and point of contact information of supervisor responsible for enforcing Safety Plan.

vii. Name, position title and point of contact information of company executive responsible for approving the Safety Plan.

viii. Specific contingency plans for emergencies such as medical, fire, hazard material spills and any other contract assessed hazard prevention and abatement requirement needs that apply to this project.

H.3 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. DeltaDust 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.

H.4 TRAVEL MANAGEMENT AND MOTORIZED EQUIPMENT

Use of motorized equipment other than hand-held equipment such as sprayers will not be permitted off designated roads in the project area without approval of the Contracting Officer Representative or as provided elsewhere herein.

H.5 REGISTER OF WAGE DETERMINATIONS UNDER THE SERVICE CONTRACT ACT

Register of Wage Determination No. 1979-1157, Rev 38, dated 11/04/2013 are made a part of this solicitation and any resultant contract. Classification determination for applicable labor furnished under this contract is the responsibility of the contractor. The highlighted classifications must be posted at the worksite with the applicabable poster when operations are underway.

H.6 CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS) PROGRAM

This contract may be subject to reporting in the Contractor Performance Assessment System (CPARS) program. Contractors will need to provide a point of contact with email address upon award of contract. Contractors are encouraged to take training and register in this program. Information can be found at:

· Contractor Overview (1.5 hours). View Schedule - This training will give the student an understanding of the Contractor Representative and Contractor Corporate Senior Management levels of access, the policies and regulations governing ACASS/CCASS and CPARS, and the electronic workflow with particular attention to the Contractor comment function.

· Target Audience: This session is specifically targeted to Contractor users who provide Past Performance Evaluation comments or who manage the ACASS/CCASS and CPARS process for their company.

Online course: https://www.cpars.gov/allapps/cpartrng/webtrain/coursecalendar_contov.asp

H.7 PERSONAL PROTECTIVE EQUIPMENT – Migrant Workers

1. The contractor will train in the safe operation and use of equipment to all workers using such equipment.

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.

4. The contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

5. The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

6. The contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

7. The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

8. The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.

H.8 CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS

The following provisions apply to all camping on National Forest lands during performance of this contract:

1. These provisions are in addition to those contained in, or provided for, in the clause titled “Use of Premises”, in this contract.

2. Every structure used as shelter shall provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold. Firewood may be cut only after obtaining a District Firewood Permit.

3. The campsite will not encroach beyond the boundaries designated by the Forest Service. The campsite shall be located so as to minimize impacts on streams, lakes, and other bodies of water. No camping shall be permitted within developed recreation sites or along primary recreation roads.

4. The campsite shall have a clean appearance at all times.

5. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the contractor fails to remove all structures or improvements within the 10 calendar days, they shall become the property of the United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site.

6. Unless otherwise designated by the Contracting Officer, the use of this area is not exclusive, and may be granted to other Permittees, contractors, or recreating public. Disorderly conduct is not permitted.

7. Damaging or removing any natural feature or other property of the Forest Service is prohibited.

8. Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area.

9. Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items.

10. An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes.

11. Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition.

12. Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodants.

13. Basic first aid supplies shall be maintained, available and under the charge of a person trained to administer first aid. The supplies shall include:

a. Gauze pads (at least 4x4 inches)

b. Two large gauze pads (at least 8x10 inches)

c. Box adhesive bandages (band-aids)

d. One package of gauze roller bandage at least 2 inches wide

e. Two triangular bandages

f. Scissors

g. At least one blanket

h. Tweezers

i. Adhesive tape

j. Latex gloves

k. Resuscitation device such as resuscitation bag, airway, or pocket mask

14. Any washing of laundry shall be done in such a way as to provide for washing and rinsing without polluting lakes, streams, or other flowing water.

15. Waste water must be disposed of away from living and eating areas and in a fashion that minimizes pollution to lakes, streams, and other flowing water.

16. The contractor shall take all reasonable precautions to prevent and suppress forest fires. No material shall be disposed of by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

17. The contractor shall comply with the following fire regulations during fire season:

a. A shovel, axe or pulaski, 10 quart pail which is full of water for immediate use and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 1:A 10:BC is required during the fire season.

b. All fire rings or outside fireplaces will be approved by the Forest Service representative. The area will be cleared down to mineral soil for a distance of 1 foot outside of the ring or fireplace and it will not have any overhanging material. Fire rings will be dismantled and material disposed prior to leaving the site.

c. All generators and other internal combustion engines will be equipped with USFS approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in (b).

d. All fuel will be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition.

18. Any violation of these conditions constitutes a breach of contract, and may result in revocation of camping approval.

19. The Forest Service reserves the right to terminate a camping permit at any time.

SECTION I -- CONTRACT CLAUSES

FAR 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):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

I.1 FAR 52.212-4 Contract Terms and Conditions - Commercial Items. (SEP 2013)

I.2 ADDENDUM TO FAR 52.212-4

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT (OCT 1997)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications)

(b) Representations and other instructions

(c) Contract clauses

(d) Other Documents, exhibits, and attachments

(e) The Specifications

FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Base period through the end of fourth option year period or until the ceiling amount is reached whichever is reached first.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 250 acres the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under this contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of 10,000 acres;

(2) Any order for a combination of items in excess of $20,000 acres; or

(3) A series of orders from the same ordering office within 45 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractors shall honor any order exceeding the maximum order limitations in…