COMMERCIAL_ITEMS.doc

COMMERCIAL ITEMS

AG-82B1-S-10-0047

Road side Weed Spraying

EROC Intermountain, Flathead NF

11/12/09

INFORMATION CALL:

12/14/09 @ 4:00 p.m local time

U. S. Forest Service

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UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100% FOR

SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

BUSINESS

740 SIMMS STREET

GOLDEN, CO 80401-4702

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HUBZONE SMALL

NAICS: 115310 BUSINESS

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SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A)

SIZE STANDARD: $7.0 OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

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SEE SCHEDULE

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE N0.

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

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SEE ADDENDUM

RECOVERY - ROADSIDE WEED SPRAYING

FLATHEAD NATIONAL FOREST

Flathead, Lake and Missoula Counties, Montana

To submit a quotation complete and return:

Form 1449 and Schedule of Items Technical Proposal

Provision 52.212-3 Offerors Representations and

Certifications – Commercial Items se Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

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

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ARE NOT ATTACHED

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ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212

Flathead National Forest roadside weed control Flathead, Lake, and Missoula Counties, Montana

SCHEDULE OF ITEMS

II-1. Schedule of Items

Site visits are recommended prior to submitting an offer. Many areas are open and accessible, while others may be gated (see tables below). Access can be arranged by contacting Tris Hoffman at

(406) 758-3510.

Technical Proposal - Technical proposals are required to be submitted with your quotation.

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

CONTRACT CLAUSES

1.

Scope of Contract This contract is a firm-fixed price, performance-based service contract for weed control services on the Flathead National Forest. The Contractor shall provide everything necessary to perform this contract including, but not limited to all labor, supervision, equipment, tools, material, supplies, transportation, and incidentals (except those designated as Government-furnished).

Weed spraying must be conducted during the following periods: June 1 to July 15, 2010 and September 1 to September 30, 2010.

2.

Description of Roads and Weed Infestations Vicinity maps for each item are provided in Attachments. More detailed maps will be provided at the time of project initiation or upon request.

Some roads have more weeds than others. Those portions of roads with no weeds should not be sprayed. It may be assumed that 80% of the miles shown above will require herbicide treatment.

The roads scheduled for herbicide treatment on the Flathead National Forest (FNF) consist of both maintained and unmaintained gravel or dirt system roads. Width of the road prisms vary but are typical of Forest roads in the area. There are numerous drainage crossings and road segments that parallel live and intermittent streams. Cut and fill slopes vary from slight to steep. The area for treatment is considered the road prism (top of the cut to the bottom of the fill), including pullouts and the fill on the downward side of the pullout. Overall, this area averages to approximately 30 feet wide and therefore about 3.6 acres to the mile. Weeds are found on cut and fill slopes, along the road edge and, in the case of unmaintained roads, within the roadbed and centerline.

Some roads have restricted seasonal vehicle access or yearlong vehicle closures. The contractor will receive authorization to treat weeds behind these closures with vehicles as needed. The contractor may be asked to time treatment to avoid conflicts with other users in particular treatment areas.

On roads within the perimeters of recent wildfires, greater than average windthrow and deadfall may be encountered. Occasional down tree (3 or less / mile) removal will be the contractor’s responsibility. Heavier accumulations of trees across the road will be the Forest Service responsibility to remove. It is the contractor’s responsibility to inform the Forest Service if a road is impassible due to heavy tree accumulations, so the Forest Service may clear the road.

Some roads are loops or could be made into loops by combining road segments. Other roads need to be traveled up and back down the same road. Many roads, especially those behind gates, may be single lane roads without turnouts.

Those roads in the tables that are indicated “Closed road (gate)” may have a gate at the start of the actual road, but for many the gate may be on a different road from with the road in question takes off from. Therefore, do not always look for gates at the end of every closed road.

Some roads have been sprayed for noxious weeds in past years by the Forest Service or by contractors in conjunction with timber sales. Other roads have never been sprayed.

Specific Locations and Descriptions Item. 1. Swan Lake Ranger District Island Unit Roads.

This area includes roads or road segments that are accessible from Highway 2 near Kila or from Highway 93 at Lakeside. Roads or road segments are listed below in Table 1.

The major weeds in this area are spotted knapweed, oxeye daisy, orange and yellow hawkweed, St. Johnswort (goatweed) sulfur cinquefoil, common tansy, and houndstongue. In some places weeds cover 100% of the roadsides. Roads may have trees down, or may be partially brushed in, especially those roads that are closed.

A variety of activities may be ongoing in the area. Timber sales, including Island will be active in 2010, and log trucks and equipment may be using the roads. Some roads are within cattle grazing allotments, and livestock may be found along the roadsides. Recreationalists use the area, and may be parked, walking, or biking along the roadside. Their vehicles, including motorbikes and ATV’s will be using the roads.

Table 1. Swan Lake Ranger District Island Unit Roads for herbicide treatment.

Road #

Saddle

Saddle

Slope

Boundary

Boundary

Dayton Cr

Donaldson

Saddle

Item 2. Swan Lake Ranger District Swan Valley Unit Roads.

This area includes roads or road segments that are accessible from Highway 83. Roads or road segments are listed below in Table 2.

The major noxious weeds in this area are spotted knapweed, oxeye daisy, and orange and/or yellow hawkweed. St. Johnswort (goatweed) and Canada thistle are also common with lesser amounts of yellow toadflax, sulfur cinquefoil, common tansy, houndstongue, and bull thistle. Roads may be quite variable in the amount of weeds on them. Some roadsides may be completely covered by weeds while others may be quite weed free, at least for certain stretches. Roads may have trees down, or may be partially brushed in, especially those roads that are closed.

Table 2. Swan Lake Ranger District Swan Valley Unit Roads for herbicide treatment.

Road #

North

Lake C

Creek

Sprayed in 2009

Lakes

Sprayed in 2009

Lakes

Sprayed in 2009

Creek

Sprayed in 2009

Lake

Sprayed in 2009

Creek

Sprayed in 2009

Creek

Creek

Sprayed in 2009

Creek

Sprayed in 2009

Buck

Much hawkweed

Barber

Item 3. Tally Lake Ranger District Southern Roads.

This area is generally west to northwest of Kalispell, MT and north of Marion, MT. The area may be accessed a variety of ways including roads that take off of Highway 2 to the south or Highway 93 to the east and northeast. Most roads are not loops, and must be travelled up and back on the same road.

The major noxious weeds in this area are spotted knapweed, oxeye daisy, and orange and/or yellow hawkweed. St. Johnswort (goatweed) and Canada thistle are also common with lesser amounts of yellow toadflax, sulfur cinquefoil, tansy ragwort, common tansy, houndstongue, and bull thistle. Roads may have trees down, or may be partially brushed in, especially those roads that are closed.

A variety of activities may be ongoing in the area. Timber sales, including East Upper Logan and West Logan among others will be active in 2010, and log trucks and equipment may be using the roads. Some roads are within cattle grazing allotments, and livestock may be found along the roadsides. Recreationalists use the area, and may be parked, walking, or biking along the roadside. Their vehicles, including motorbikes and ATV’s will be using the roads.

Table 3. Tally Lake Ranger District Southern Roads for herbicide treatment.

Road #

Large amounts of hawkweed.

Large amounts of hawkweed.

Griffin

Tail

Very weedy—up to 80% hawkweed

Saddle

Large amounts of hawkweed.

Face

Knob

Go only as far as junction with 9583A.

Large amounts of hawkweed

Pike Cr

Creek

Needle

Large amounts of hawkweed.

Cone

Large amounts of hawkweed.

Very weedy

Bench

Hill

Very weedy--up to 80% hawkweed

Sprayed in 2009

Park

Sprayed in 2009

Sprayed in 2009

Sprayed in 2009

Very weedy but sprayed in 2009

Item 4. Tally Lake Ranger District Northern Roads.

This area is best accessed from Highway 93 northwest of Whitefish, MT. Most roads are narrow single lane often without pullouts. Most are not loops, and must be travelled up and back on the same road. Roads may have trees down, or may be partially brushed in, especially those roads that are closed.

The major noxious weeds in this area are spotted knapweed, oxeye daisy, and orange and/or yellow hawkweed. St. Johnswort (goatweed) and Canada thistle are also common with lesser amounts of yellow toadflax, sulfur cinquefoil, tansy ragwort, common tansy, houndstongue, and bull thistle.

A variety of activities may be ongoing in the area. Timber sales may be active with log trucks and equipment using the roads. Recreationalists use the area, and may be parked, walking, or biking along the roadside. Their vehicles, including motorbikes and ATV’s will be using the roads.

Table 4. Tally Lake Ranger District Northern Roads for herbicide treatment.

Road #

Cedar

1 big hawkweed patch reported

Spur

Weedy

Cable

Weedy

UTV, up to 70% hawkweed

Tree

Cliffs

95% Knapweed

Breaks

Much knapweed, hawkweed

Ridge

1 tree reported, ATV/UTV, Hawkweed thick in places

Basin

Some trees reported down

Trees reported down, ATV/UTV

4.

Government-Furnished Property The Government will furnish to the Contractor the following materials, supplies, property or services for the performance of work under this contract. All items not incorporated into the work shall be returned to the Contracting Officer upon completion of the contract or upon demand of the Contracting Officer. The Contractor shall be liable for all loss or damage of Government-furnished property until completion and final acceptance of work required under this contract.

(a) Maps necessary to complete the contract (District map, contour maps, TES species maps).

(b) Recording forms.

(c) Keys, as needed for road access.

(d) Signs to be posted on gates during use or roads in the Brush Creek fire area.

5.

Contractor-Furnished Property, Services and Equipment Contractor-Furnished Property, Services and Equipment shall include, but are not limited to the following items:

(1) References necessary for identification of noxious weeds.

(2) All necessary herbicide, surfactant, and dye.

(3) Personal Protective Equipment.

(4) Spray vehicle.

(5) ATV, or backpack sprayer, if needed.

(6) All tools and supplies necessary for hand removal of weeds if needed.

Equipment to be used for application shall be subject to inspection by the Government prior to execution of the contract. Inspection will ascertain the condition of the equipment, the ability of the equipment to perform the required work, compliance with all licensing laws (i.e. Montana Department of Agriculture and Montana Department of Motor Vehicles). Vehicles found to be lacking in licenses or placards, in poor condition or incapable of performing at acceptable levels in the judgment of the Government, shall be replaced upon written request. Failure to comply with such requests shall be sufficient grounds for termination of the contract. Rejection of equipment does not relieve the Contractor from the responsibility to perform the required work.

The spray pattern will be checked prior to starting the job and thereafter as deemed necessary by the Government.

6.

Performance Work Statement

6.1 Monitoring and Record Keeping Requirements for Herbicide Treatments

Federal and State laws require record keeping for all applications of pesticides on public lands. The Contractor shall provide complete, accurate, and detailed daily application records throughout the duration of the contract and provide the Government with legible, readable copies of such daily application records on Forest Service provided forms revised for 2010 (attached). Older versions of the daily application records are not acceptable.

a) Upon completion of each project or unit of work on the contract, and prior to or accompanying each invoice, the Contractor shall provide the Government with daily application records of all applications on that invoice or project. Daily application records shall be submitted to the Forest Service within 10 days of application.

Daily weather records will be provided on the daily application records.

6.2 Certification and Personnel Requirements

The Contractor performing herbicide mixing or application operations under this contract must meet the State of Montana certification and application requirements for the use and application of Restricted Use herbicides and must hold a current Montana Commercial Pesticide Applicators License. Personnel employed by the Contractor must be briefed and trained in application and safety techniques. Personnel employed by the Contractor must be under the direct supervision of a licensed applicator at all times on the National Forest.

The contractor will show adequate proof of bonding and insurance coverage.

6.3.

Herbicide Treatment Standards

a) In order to preserve native forbs, trees and shrubs as much as possible, herbicides shall be applied only to noxious weed species whenever practicable. No spraying will occur where weeds are not present.

b) The Contractor shall not apply herbicide to areas identified by the Government as containing threatened, endangered or sensitive species. Sites with such species that are known to the Flathead NF will be marked on a map for the contractor and flagged on site to identify them (white with pink dots). The contractor will not spray in the flagged zone, and that zone will not be evaluated for weed control performance by the contract inspector.

If the Contractor identifies any threatened, endangered or sensitive species not previously identified by the Government, the Contractor shall immediately report those species to the Contracting Officer and shall not apply herbicide to those species.

c) The Contractor is required to supply herbicide(s) and surfactant(s) as described in the list in Table 5, and may also find it necessary to use a dye. Surfactants will be used as recommended by label direction or directed by the Forest Service. The choice of product(s) is up to the Contractor, however its use is subject to prior approval by the Government. Only water will be used as the carrier.

d) All weed control measures shall be performed in strict compliance with all herbicide labels and the applicable Laws and Regulations of the State of Montana as well as the Flathead National Forest Noxious and Invasive Weed Control Environmental Assessment of 2001.

e) The contractor will treat all of the target species identified by the Flathead NF Weed List (attached Table 6) with the appropriate herbicide at prescribed rate. The contractor will only use herbicides listed in Table 5.

f) The 30 foot road side treatment area is an average distance (15 feet each side). Because this is an average distance, the Contractor may encounter some road segments that require a wider spray width but most roads will require less than15 foot of treatment or less on either side of a road. Pullouts with no vegetation are considered part of the roadbed, so the treatment area is where vegetation begins. Where roadcuts are very steep and cannot be sprayed with a boom, use of a hosereel or other hand sprayer may be required. The contractor will encounter many road segments where weeds are not continuous, and these segments should not be sprayed.

g) Reporting weeds that extend beyond the road prism is appreciated.

h) At a minimum, 80% of the weeds treated and acreage claimed will show mortality or physical signs of herbicide treatment such as wilting, curling or discoloration. Contract inspections will allow sufficient time for target plants to exhibit herbicide effects.

6.4.

Handling of Herbicides

a) The Contractor shall give the Forest Service a 48 hour notification prior to spraying.

b) The following herbicides and application rates are approved for use, and are the only authorized methods of weed treatment under this contract provision. These herbicides may be used singly or in combination, according to label specifications, as the contractor deems necessary. All use of herbicides and surfactants shall follow EPA label requirements.

Table 5. Herbicides and rates to be used on the Flathead National Forest

*Generic equivalents acceptable Application Rate

(lbs active ingredient/ acre or oz/ac)

Surfactants that enhance the effectiveness of the herbicides are recommended, and non-ionic surfactants are required for use with aminopyralid and chlorsulfuron. The only surfactants allowed for use within 150 feet of perennial flowing streams, rivers, or wetlands are non-ionic.

c) No spraying of Picloram (Tordon or equivalent) will take place within 100 feet of open water and wet areas. Weed infestations within 100 feet of water can only be treated with Milestone (aminopyralid) or 2,4-D amine labeled for treatment of aquatics, unless otherwise approved in writing by the Forest Service. No spray shall come in contact with open water at any time.

d) Chlorsulfuron (Telar) may only be used on areas infested with Dalmatian or Yellow (Common) Toadflax. Telar may not be used in areas without one or both of these weeds.

e) No spraying shall occur when rain is expected within six (6) hours of completion of the treatment.

f) Avoid spraying the upper foliage (upper 2/3) of tree and woody species.

g) Signs indicating that spraying is occurring must be posted at the trailheads. The date, approximate time, and herbicide must be posted on the sign.

h) All equipment shall be in good mechanical condition and will be inspected prior to work. The spray pattern, application rates, and calibration shall also be checked before beginning the job and thereafter as deemed necessary by the Forest Service.

i) A tight-fitting lid on all spray tanks is mandatory.

j) Mixing, loading, and equipment cleaning shall be done more than 200 feet from private land or open water. Mixing and cleaning water shall come from public or cooperator supplies, and shall be transported to the site in labeled containers separate from water used for other purposes. Onsite locations for water drafting must be approved in advance by the Forest Service. Equipment used to draft water from creeks or rivers must be equipped with anti back siphoning devices.

k) Weather conditions shall be monitored before and during all spraying projects. Spraying is NOT allowed when any of the following conditions exist:

Hand-held equipment: temperature greater than 95 degrees F.; humidity less than 20 percent, or wind greater than 5 MPH.

Truck-mounted equipment: temperature greater than 95 degrees F.; humidity less than 20 percent; or wind greater than 5 MPH.

l) Herbicides shall be transported daily to the project site with the following conditions: Transport only the quantity needed for that day's work; transport concentrate containers only in a manner that will prevent spills; and transport spray in a compartment that is isolated from food, clothing, and safety equipment.

m) Mixing shall only occur onsite.

n) The Contractor shall inspect equipment daily for leaks.

Herbicide will not be applied at a pressure that exceeds 40 pounds per square inch (psi) at the nozzle.

o) The Contractor shall remove all herbicide containers from National Forest land and dispose of them in accordance with all local, State, and Federal requirements.

p) Roadside treatments may require changing herbicide to meet the requirements and restrictions of the product labels, be effective on the weeds present, respond to different site conditions along the road and to minimize damage to non-target vegetation.

q) Carrier: Water shall be used as a carrier.

r) Dye/Marker: A water-based dye or other approved color marking system will be used at the direction of the Forest Service to further identify target species and area that have been sprayed. Dye amount in the herbicide must be visible on the sprayed sites for a minimum of 24 hours after application.

s) Broadcast application is appropriate for dense continuous stands of targeted weeds. Intermittent and spot spraying will occur where target species densities are discontinuous and light to moderate.

t) Applicators will complete a daily pesticide application report as required by the Montana Department of Agriculture. Applicators will use the daily pesticide application report form provided by the Forest Service. Daily application reports shall be submitted to the Forest Service within 10 days of application.

u) Hazard/warning lights are advised on the vehicles involved in the spraying operation.

v) Herbicide application operations will not occur during emergency forest closures such as fire restrictions. If closure occurs, the COR will meet with the contractor to discuss the future of the project.

Table 6. Weeds to be treated on the Flathead National Forest

Potential invaders (currently absent)

Goal is to prevent and eradicate promptly if found

New invaders

Goal is to eradicate small new infestations and reduce larger infestations

Widespread Weeds

Goal is to contain inside infested area and reduce plant populations

7.

Flathead National Forest Herbicide Spill Plan 7.1.

Emergency Spill Planning

Herbicide spills, incidents and accidents are addressed Chapter 60 of Forest Service Handbook (FSH) 2109.14 Pesticide Use Management and Coordination Handbook. It is available for review at U.S. Forest Service offices.

Hazardous Material is an umbrella term that includes herbicides and all other hazardous chemicals, hazardous wastes, hazardous substances and oil. A hazardous materials emergency or oil spill is defined as any release or threat of release of a hazardous substance or petroleum product that presents an imminent and substantial risk of injury to health or the environment.

7.2.

Required Equipment

Spill response equipment will be available in the immediate vicinity of all herbicide application operations, on vehicles used to transport herbicides and / or where spills are most likely to occur. Recommended spill kit contents include the following, however modifications to spill kits may be made to consider actual herbicides being used, site conditions and logistical considerations.

1. Neoprene gloves

2. Unvented goggles

3. Respirators / air filters

4. Rubber boots

5. Coveralls or rain suit

6. Flagging or engineers tape

7. Dust pan

8. Shop brush or broom

9. Polyethylene or plastic bags with ties or bucket(s)

10. Liquid detergent

11. Polyethylene or plastic tarp

12. Rope

13. Blank labels and pen

14. Fire extinguisher

15. 10-30 lbs absorbent or absorbent pads

16. Eye wash kit

17. Bleach Material Safety Data Sheets and herbicide labels will be reviewed and carried with all personnel involved in the handling of herbicides.

7.3.

Clean up of Herbicides

Minor Spills

1. Keep people away from spilled chemicals.

2. Rope off the area and flag it to warn people.

3. Do not leave unless someone is there to confine the spill and warn of the danger.

4. If the pesticide was spilled on anyone, wash it off immediately.

Confine the spill. If it starts to spread, dike it up with sand and soil or absorbents. Try to prevent the spilled material from reaching water. Absorbent material may be cat litter, absorbent pillows or pads, soil, sawdust, or absorbent clay to soak up the spill. If there is no danger to employees or the public, shovel or sweep contaminated material into a leak proof container for disposal. Consult Dispatch and the Forest Hazardous Materials Coordinator on method of transportation and disposal.

Do not hose down the area, because this spreads the herbicide. Always work carefully and do not hurry. Control access to the area until the spill is completely cleaned up.

Major Spills

The cleanup of a major spill may be too difficult for you to handle, or you may not be sure of what to do. In either case, keep people away, give first aid if needed, and confine the spill. Then call Kalispell Dispatch (406-758-5260) or the Flathead County Sheriff (406-758-5610) or 911 for assistance. Chemtrec stands for Chemical Transportation Emergency Center, a public service of the Manufacturing Chemicals Association; its offices are located in Washington D.C. Chemtrec provides immediate advice for those at the scene of emergencies. Chemtrec operates 24 hours a day, seven days a week, to receive calls for emergency assistance. For help in herbicide emergencies involving spills, leaks, fire, or explosions, call toll-free 800-424-9300 day or night. This number is for emergencies only.

If a major pesticide spill occurs on a highway, ask 911 or Dispatch to contact the highway patrol or the sheriff for help. Do not leave until responsible help arrives.

The local Montana Department of Agriculture Pesticide Specialist is Sarah Holden, who can be reached at 329-1346.

8.

Flathead National Forest EMS Environmental Emergency Plan An environmental Management System (EMS) was developed for the Forests and Grasslands of Region 1 that is compliant with the ISO 14001 international standard. The intention of the EMS is to enable the Forests to identify important activities, products, and services with environmental interactions, and consistently provide environmental protection measures as well as achieve objectives for environmental performance. Element 4.4.7 of the ISO standards contains requirements for the creation of an EMS Emergency Preparedness and Response Plan.

8.1.

Purpose

This plan outlines procedures for emergency awareness, preparation, and response with the purpose of preventing, minimizing and/or mitigating environmental impacts. The procedures listed provide a framework for proper response to emergency situations that occur and may have environmental impacts. The EMS Emergency Preparedness and Response plan should be synchronized with the procedures of the Forest emergency plan that is created to focus on human safety and health.

8.2.

Scope

This plan applies to emergency situations that could have significant environmental impacts to resources found on the Forests. Spills or discoveries of hazardous materials, and wildland fires are emergencies for which employees may lessen, mitigate, or prevent undesired environmental effects by taking prompt action.

The procedures outlined in this plan apply to activities conducted by Forest Service employees, volunteers, cooperators, permittees, and contractors working for the Forests and Grasslands of Region One.

8.3.

Hazardous Material Spill/Discovery

Hazardous material spills and discoveries must be reported immediately to the following Emergency Contacts:

During Normal Business Hours call or radio Off Hours call or radio

Phone #:: (406) 758-5260

Radio: 164.375 County Sheriff’s Dept. Dispatcher

Phone #:(406) 758-5610

Radio Freq.: 158.865 Big Mtn.

155.790 Main Law

Phone #: (406) 758-5341

Linda Donner (406) 758-5341 Bob Kirkpatrick

Work Phone #: ( 406) 329-3307

Bob Kirkpatrick

Work Phone #: ( 406) 329-3307

8.4.

Definition of Hazardous Materials:

Hazardous Material – an umbrella term that includes hazardous chemicals, hazardous wastes, hazardous substances and oil. Hazardous chemicals (OSHA) pose a health or physical hazard. Hazardous wastes (RCRA) pose a threat to human health or the environment. Hazardous substances include RCRA hazardous wastes as well as substances designated as hazardous under the CWA, CAA and TSCA.

A hazardous materials emergency or oil spill is defined as any release or threat of release of a hazardous substance or petroleum product that presents an imminent and substantial risk of injury to health or the environment.

A release is defined as any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment. A release of 25 gallons or less of refined petroleum products (gasoline, diesel, aviation fuel, asphalt, road oil, kerosene, fuel oil and derivative mineral, animal or vegetable oils) is not an emergency unless the oil enters or threatens to enter water. A sheen on water would constitute an emergency.

Releases that do not constitute an immediate threat, occur entirely within the work place, are federally permitted, or are a routine pesticide application, are not considered to be an emergency and are not covered by this direction. Non-emergency reporting will be accomplished by appropriate RO staff specialists who should be notified directly of all non-emergency releases.

Discovery of potential hazardous materials by Forest personnel will follow these procedures.

Initial information needed when a hazardous material spill is discovered and reported or potential hazardous materials are discovered:

1. Name of individual reporting spill:

Phone number:

2. Date and time of: Release/Discovery ________________________________

Reported ________________________________________

Duration of release ________________________________

3. Location: (Include state, county, route, milepost, etc)

4. Chemical name:

a. Chemical identification number

b. Other chemical data

Note: for transportation related incidents, this information may be available from the driver, placards on the vehicle, and/or shipping paper.

5. Noted characteristics of release(e.g. smell, fumes, etc)

6. Known health risks

7. Appropriate precaution if known

8. Source and cause of release

9. Number and type of injuries

10. Potential threat to health and environment

11. Estimate of quantity released: ______________gallons

Quantity reaching water: __________________gallons

Name of affected watercourse and distance to source of spill:

12. For transportation incident, name and address of carrier:

Railcar or truck number:

9.

Contractor’s Quality Control Plan Reports and Documentation. Contractor shall provide a Quality Control Plan (QCP) with their quote. The general QCP must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. It shall specify how quality will be monitored to assure the performance standards are met; the supervision of crew and work; and the personnel that will be performing the quality control. In addition the QCP must ensure, monitoring of quality is timely, consistent, and accurate, and problems are resolved quickly and effectively. Contractor shall provide written inspection data in a format and time satisfactory to the Contracting Officer. The Contractor’s quality control inspections will be the basis for computing payment unless Government verification results indicate the work is unacceptable.

The Flathead National Forest will provide to the Contractor daily log sheets to be completed for each treatment area. All information submitted will be accurate and legible. Maps of treated areas are optional.

If the system includes a datalogger, the Government may request either a hard copy or disk copy of application records.

All final documentation shall be submitted within the performance time.

Failure of the Contractor to maintain inspection results will be grounds for termination of the Contractor’s right to proceed with the contract work, and may be grounds for default

10.

Quality Assurance Plan See attached plan for acceptable quality levels.

Additional Inspection and Acceptance Requirements

(a) Inspection of work will not be made until 10-14 days after completion of spraying so that effects of spraying will be evident. Visual inspection will be made by the Flathead National Forest Weed Coordinator or person designated by the Weed Coordinator. If the inspection indicates that less than 80% effect on target species has been met within each item, the Contractor shall perform rework as directed by the Contracting Officer. Rework will be performed at no cost to the Government, and shall occur within 10 days of notification from the Contracting Officer or prior to October 15, whichever is earlier.

11.

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10-calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than September 30, 2010. The time stated for completion shall include final cleanup of the premises.

12. Estimated Start Work Date The estimated start work date for all items is June 1, 2010.

13.

Measurement and Payment Payment will be made at the unit price identified in the schedule of items for work accepted by the Government.

14.

Licenses and Qualifications Spraying shall be performed only by a licensed commercial applicator, who shall be onsite at all times during application.

Applicator must be able to identify the target weed species, and to distinguish between those weed species and non-target species. Herbicide application to non-target species when no weeds are present shall constitute non-compliance and be subject to non-payment.

Contractor shall be licensed to do business in the State of Montana prior to commencement of work for the Government.

All personnel being employed under the ensuing contract must conform to the Controlled Substance and Alcohol Use and Testing program, 49 CFR Part 382.

15.

Barricades, Warning Signs, and Other Devices The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

16. Washing Equipment To help stop the spread of weeds, the Contractor shall wash their equipment immediately prior to beginning work. The equipment shall be washed with a pressure washer that is capable of producing enough water force to thoroughly remove all organic and mineral debris, including excess grease, from the machine. The Contractor shall request inspection of the equipment by the Contracting Officer and shall obtain the written approval of the CO prior moving the equipment to the jobsite. If the equipment is removed from the jobsite, the equipment shall be re-washed and re-inspected. This is considered incidental work and no separate payment will be made.

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (MAR 2009) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (JUN 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

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

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

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

__X_ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting equirements (Mar 2009) (Pub. L. 111-5).

___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).

___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (7) [Reserved]

_X__ (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).

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

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

___ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

___ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C. 637 (d)(4).)

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

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

___ (12) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).

___ (13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)).

___ (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

___ (15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

_X__ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_X_ (19) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

___ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

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

_X__ (22) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

___ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

_X_ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793).

___ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

___ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

___ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (30) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

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

___ (31) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d).

___ (32) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (33) 52.225-5, Trade Agreements (Jun 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (34) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (38) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332).

___ (40) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332).

___ (41) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

___ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

___ (43) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.]

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

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

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act…