AG67T0S170078.docx

AG-67T0-S-17-0026

Weed Inventory – Ft. Pierre National Grasslands Nebraska National Forest

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

870913

2. CONTRACT NO.

RFQ AG-67T0-S-17-0078

6. SOLICITATION ISSUE

DATE

August 7, 2017

Brenda Oster Contracting Officer

b. TELEPHONE NUMBER (No collect calls) 605/673-9322

8. OFFER DUE DATE/

LOCAL TIME

August 30, 2017

USDA Forest Service Rocky Mountain Acquisition Service Team 1019 N. 5th Street Custer, SD 57730

|X| SMALL BUSINESS |_| WOMAN –OWNED SMALL BUSINESS (WOSB)

|_| HUBZONE SMALL BUSINESS ELIGIBLE UNDER THE WOMEN OWNED SMALL

BUSINESS PROGRAM

|_| SERVICE DISABLE VETERAN- |_| EDWOSB-

VETERAN-OWNED SMALL

BUSINESS |_| 8(a)

NAICS Code 561730 Size Standard $7.5 million

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|X| SEE SCHEDULE

12. DISCOUNT TERMS

14. METHOD OF SOLICATION

|X| RFQ |_| IFB |_| RFP

Ft. Pierre National Grassland 1020 North Deadwood Street Ft. Pierre, SD 57532

See Block 9

17a. CONTRACTOR/ OFFERER

TELEPHONE NO. DUNS #____________________

FAX NO.

E-Mail Address: ________________________ 18a. PAYMENT WILL BE MADE BY

USDA, OCFO, COD, APB

PO Box 60075 New Orleans, LA 70160

|_| 17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUMBIT INVOICES TO ADDRESS SHOWN IN BLOCK 18A UNLESS BLOCK BELOW IS CHECKED |_| SEE ADDENDUM

19.

ITEM NO

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

2017/2018 Noxious Weed Treatment Ft. Pierre National Grassland Nebraska National Forest

Contractor must be registered in the System for Award Management (www.sam.gov) to be eligible for award of this project.

Insert your prices on page 3.

25. ACCOUNTING AND APPROPRIATION DATA

JOB CODE

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

|X| 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5. |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

|_| 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ONE

COPY TO ISSUING OFFICE, CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN |_| 29. AWARD OF CONTRACT: REFERENCE RFQ AG-05G1-S-12-00XX OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN , IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (Signature Of Contracting Officer)

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (Rev. 2/2012) Prescribed by GSA-FAR (48CFR 53.212

AG-67T0-S-17-0078

2017/2018 Noxious Weed Treatment – Ft. Pierre National Grassland Nebraska National Forest

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Quotations submitted are considered to be confidential. The name of the Contractor and the amount of the contract will be disclosed only after an award is made.

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

CORRECTFOR

36. PAYMENT

|_| COMPLETE |_| PARTIAL

|_| FINAL

37. CHECK NUMBER

|_| PARTIAL

|_| FINAL

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.2/2012) BACK

Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

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.

This procurement requires the use of biobased products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, are reasonably priced. Where available, these products should first be acquired from among qualified products that fall under the umbrella of items designated through the Federal Biobased Products Preferred Procurement Program (FB4P).

For more information on biobased program: http://www.biopreferred.gov To locate biobased products: http://www.biopreferred.gov

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

FORT PIERRE NATIONAL GRASSLAND

NOXIOUS WEED TREATMENT 2017/2018

Thistles (Canada, bull, & musk)

$15,000.00

Option Item Thistles (Canada, bull, & musk)

$15,000.00*

GRAND TOTAL

NOT TO EXCEED $30,000 TOTAL

*NOTE: At this time, no funding is available for Option Item 0002. The Contracting Officer may exercise this option and fund it by written notice to the Contractor within 60 calendar days of award.

SECTION C - Description/Specifications/Statement of Work

NEBRASKA NATIONAL FORESTS & GRASSLANDS

FORT PIERRE NATIONAL GRASSLAND

FY 2017/2018 NOXIOUS WEED TREATMENT SERVICES

SCOPE OF CONTRACT

The services covered in this solicitation and resultant contract are for the application of herbicide to noxious weeds and the inventory of those treated areas on National Forest System lands. The areas to be treated are located on the Fort Pierre National Grassland (FPNG) located in central South Dakota.

Those noxious weeds specific to this contract are thistles (Canada, bull and musk). These species are located predominately on upland rangeland; however, there are some infestations around riparian areas. The identified species will be treated during the plants’ developmental stage when optimum effectiveness can be obtained, preferably the rosette to flowering stage. Treatments could start as early as September 2017 given the fall is not dry otherwise treatment will commence in the spring/summer of 2018, determination of when to spray will be based on agency monitoring of growing conditions. All treatments will be mapped with a global positioning system unit (GPS unit) and the raw GPS data will be converted to a geographic information system (GIS) compatible shapefile, corresponding herbicide application records will be filled out by the applicator for the spatial data. All spatial data and application records will be submitted in satisfactory form prior to payment at the treatments’ conclusion.

All bids for this contract will be done based on the number of acres obtainable for the specified dollar amount. Contractors will be rated based on past experience and the ability to meet GPS/GIS requirements.

LOCATION AND DESCRIPTION

The contract’s work would take place on the Fort Pierre National Grassland located south of Fort Pierre, South Dakota. The contract is to cover select pastures in the northeast corner of the grassland south of SD Highway 1806. The treatment priority is labeled in order by number: 1) Timber Creek (Cactus Flat); 2) Williams (South); 3) Williams (North) and 4) Butte (South). Please see the attached map for further clarification.

TECHNICAL SPECIFICATIONS

PERFORMANCE STATEMENT OF WORK (PWS)

NOXIOUS WEED TREATMENT AND INVENTORY 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 in South Dakota.

· Applications by equipment will require 10 gallons of water/herbicide mix per acre.

· Required herbicide and rate:

· Milestone at 7 oz. /acre

· Carrier agent applied at 3 oz. /acre.

· Apply herbicide at rosette to flowering stage of plant development to be most effective.

· Applications will be done with spot spraying methodology, unless infestations are solid enough to warrant broadcast methods. If such a situation is found, then approval by the COR will be done prior to broadcast treatments.

· The government has approximately $15,000 to spend for this contract with another $15,000 possibly available with the option line item. The contractor is asked to quote the number of acres they will be able to treat based on this dollar amount.

· The contractor will treat the noxious weed infestation with the corresponding herbicide, then will map the infestation’s perimeter with GPS to create a polygon, and finally complete an application record linking the treatment data to that polygon. Once all acres have been met, the contractor will submit all data in an acceptable format prior to any payment being made. The raw GPS data must then be converted to a GIS shapefile by the contractor prior to submittal. The contractor shall submit the raw GPS data and the GIS shapefiles via CD or flash drive along with the application records that correspond with the mapped treatment areas.

· Contractor will comply with all pesticide use requirements set forth under South Dakota State Law (SDCL) Title 38 Chapter 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 map) This map shows fence boundaries and road access to the project area along with the highlighted pastures and the priority level for treatment.

1.1.2 PERIOD OF PERFORMANCE. Services covered in this solicitation and resultant contract are to be performed during the 2017 and/or 2018 fiscal years (September 2017 through September 1, 2018). 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 in September 2017 and the Contractor shall complete all fieldwork no later than August 25, 2018; consideration will be given to varying seasonal conditions and determination of when to spray will be based on agency monitoring of growth conditions. Reporting documents along GPS/GIS data are due no later than December 31, 2017 for fall treatments and no later than September 1, 2018 for spring/summer treatments. 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 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.

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

2.1.8 APPLICATION RECORDS. Records the contractor uses to document herbicide applications on the treated area. Information includes, but is not limited to: herbicide used, amount of active ingredient applied, weather conditions, etc.

2.1.9 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 roads 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 10 gallons per acre. 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:

The final product submitted is inventory and treatment data in the form of raw GPS data, a GIS shapefile, and corresponding application records submitted to the contracting officer’s representative (COR). Submittals can be made after contract completion but no later than December 31, 2017 for fall treatments and September 1, 2018 for spring/summer treatments. During the contract the contractor may submit spatial data to the COR to ensure that the information is being recorded correctly.

GIS Layer:

1. All weed treatment sites will be combined into one GIS shapefile. 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. If possible, the shapefile will be exported 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 or flash drive: raw GPS files and the final GIS shapefile. All reports must be submitted no later than December 31, 2017 for fall treatments and September 1, 2018 for spring/summer treatments; early submittals are accepted. 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 greater than 100’ from any stream course, trees, or crops. Rinseate will be reused as spray solution as much as possible until project completion and 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.

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. A blank application record sheet

SECTION IV - CONTRACTOR FURNISHED ITEMS/SERVICES

The contractor shall furnish everything, including water and herbicide, required to perform this contract.

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 apply herbicide according to product’s label in order to treat noxious weeds on the FPNG and each treatment shall be recorded with spatial data and application record field sheets.

5.1.1 Herbicide will be applied at the 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:

· Thistles (Canada, bull and musk):

· Milestone at 7 ounces per acre

· Carrier agent applied at 3 ounces per acre.

5.1.2 Record data on each site treated according to the attached requirements. On a regular basis, provide the COR with information as to where the recent treatments have been made.

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 or flash drive and hard copy application records. These items are to be submitted to the COR before December 31, 2017 for fall treatments and September 1, 2018 for spring/summer treatments; early submittals will be accepted. 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 10 gallons per acre.

· 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 to required standards as defined in Section 2.2.5 and provide COR with updates on where treatments have occurred.

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

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.

DEFINITIONS

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.

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

CONTRACTING OFFICER (CO): A Government personnel with the authority to bind the government in a contract.

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

CUSTOMER FEEDBACK: Customer feedback is firsthand information from the actual users of the service.

GOVERNMENT INSPECTOR: A Government person responsible for surveillance of contractor performance.

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.

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

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.

QUALITY CONTROL: Those actions taken by a contractor to control the performance of services so that they meet the requirements of the Performance Work Statement (PWS).

QUALITY CONTROL PLAN (QCP): A quality control plan is a plan developed by the contractor for its internal use to ensure that it performs and delivers high-quality service.

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

SECTION D -- PACKAGING AND MARKING

{No clauses in this section.}

SECTION E -- INSPECTION AND ACCEPTANCE

52.252-1 Solicitation Provisions 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

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. This is to provide areas for the COR to complete inspections on treatment areas. Required weed data including field spray sheets, and ArcGIS geodatabase data shall be submitted to the COR 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

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/

52.242-15 Stop Work Order (AUG 1989)

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.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from Fall 2017 through September 1, 2018

SECTION G -- CONTRACT ADMINISTRATION DATA

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:

2 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.

3 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.

4 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.

Once the order is complete, you will need to submit a proper invoice to the "Submit Invoice-to" address for USDA orders in 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 in the previous communications from USDA and Treasury. 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.

5 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.

6 NOTICE TO PROCEED

A Notice to Proceed will be issued in writing by the Contracting Officer. 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.

7 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

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 employees private vehicle or the contractor's vehicles, but must be readily available to each employee while in the project area.

For each skid steer, 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 immediately notify the Government of any fires sighted on or in the vicinity of the work site. The Contractor may be held liable 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).

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.

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.

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.

SAFETY PLAN

(a) The Contractor shall provide a copy of their safety plan at the pre-work meeting.

(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 area working in, 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. 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 to the job site.

vi. Emergency numbers to contact if an accident happens.

PART II – CONTRACT CLAUSES

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

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 52.212-4 Contract Terms and Conditions—Commercial Items (JAN 2017)

ADDENDUM TO FAR 52.212-4

FEDER…