AG-82D7-S-16-0003.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

82D7

GLENWOOD SPRINGS CO 81602-0948

900 GRAND AVENUE

WHITE RIVER NATIONAL FOREST

82D7 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR82D7

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

03/08/2016 1700 ET

02/09/2016

970-945-3217ROBERT HALL

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-82D7-S-16-0003

5. SOLICITATION NUMBER

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

1 49 787707OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

GLENWOOD SPRINGS CO 81602-0948

900 GRAND AVENUE

WHITE RIVER NATIONAL FOREST

15. DELIVER TO

GLENWOOD SPRINGS CO 81601

900 GRAND AVENUE

ATTN ROBERT HALL

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$7.5

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

WHITE RIVER NATIONAL FOREST

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

White River NF - Weed Spraying BPA Expansion

This is a solicitation for proposals to expand our current pool of BPA holders who do backcountry weed spraying as described in the Sample BPA Calls at Attachment 3 and 4. To respond, fill out and sign this form, Attachment 1 and Attachment 2. You may provide your current prices per acre for any or all three contract line items; mechanical, horse and walking. You do not have to quote all three to be considered

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

DATED

ROBERT E. HALL

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

for award. There is no funding or guarantee of work tied to these BPAs. When funding is available, projects will be competed among the

BPA holders based upon price, capability and availability.

Return your submission to:

Contract Specialist Robert Hall -rehall@fs.fed.us by 5:00 PM EST on March 8, 2016.

Delivery: 04/01/2016

Period of Performance: 04/01/2016 to 03/31/2021

001 Mechanical Treatment Per Acre

Product/Service Code: F001

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- AERIAL

FERTILIZATION/SPRAYING

002 Horseback Treatment Per Acre

Product/Service Code: F001

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- AERIAL

FERTILIZATION/SPRAYING

003 Walking with Backpack Treatment Per Acre

Product/Service Code: F001

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

49 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 49

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

AG-82D7-S-16-0003

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- AERIAL

FERTILIZATION/SPRAYING

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

AG-82D7-S-16-0005 White River NF Weed Spraying BPA Page 4 of 49

B - SECTION B - Supplies or Services and Prices/Costs Schedule of Items C - SECTION C - Description/Specifications/Statement of Work D - SECTION D - Packaging and Marking E - SECTION E - Inspection and Acceptance F - SECTION F - Deliveries or Performance G - SECTION G - Contract Administration Data H - SECTION H - Special Contract Requirements I - SECTION I - Contract Clauses

52.212-4 -- Contract Terms and Conditions -- Commercial Items 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items J - SECTION J - List of Documents, Exhibits, and Other Attachments

List of Documents, Exhibits, and Other Attachments K - SECTION K - Representations, Certifications, and Other Statements of Offerors L - SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents

Submissions shall be made to:

PLEASE SUBMIT YOUR RESPONSE: No later than 5:00 p.m. March 8, 2016

M - SECTION M - Evaluation Factors for Award Failure to submit this information will render the offer as non-responsive

Attachment 1 - Schedule of Items Attachment 2 - Qualifications Attachment 3 – Sample SOW – Mechanized Treatment Attachment 4 – Sample SOW – Horse or Mule Treatment

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

AGAR 452.209-70 Representation by Corporations Regarding an Unpaid Delinquent Tax

REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION (DEVIATION 2012-01) (FEB 2012)

(a) Awards made under this solicitation are subject to the provisions contained in sections 738 and

739 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies

Appropriations Act, 2012 (P.L. No. 112-55), Division A, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that -

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American

Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked "is" above, the Offeror must complete paragraphs (2) and (3) of the representation. If

Offeror checked "is not" above, Offeror may leave the remainder of the representation blank.

AG-82D7-S-16-0005 White River NF Weed Spraying BPA Page 5 of 49

(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under

Federal or State law in the 24 months preceding the date of offer.

(ii) The Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal or State law in the 24 months preceding the date of offer.

(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT

STATUS FOR CORPORATE APPLICANTS

ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR

CORPORATE APPLICANTS

(a) This award is subject to the provisions contained in sections 433 and 434 of the Consolidated

Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it -

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434, amended and/or subsequently enacted.

4G52.222-701 Employment of Eligible Workers

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

AG-82D7-S-16-0005 White River NF Weed Spraying BPA Page 6 of 49

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor

Relations Officer of their local INS office.

4G52.222-702 Labor Standards for Contracts Involving Migrant and Seasonal Agricultural Workers

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act

(MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (see 29 CFR

500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to assure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, pre-commercial thinning, and site preparation and wildland fire fighting.

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters.

"Farm Labor Contractor", as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Certificate of Registration from the Department of

Labor or an authorized State agency. The contractor shall carry the Certificate at all times while engaged in contract performance, and shall display it upon request. Any of the contractor's employees who also perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate.

(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, recordkeeping, vehicle safety, and housing:

(1) The contractor shall display and maintain at the place of employment the MSPA poster provided by the

Department of Labor.

(2) Wage and Payroll Standards

AG-82D7-S-16-0005 White River NF Weed Spraying BPA Page 7 of 49

(i) The contractor shall disclose in writing to each worker in a language common to the worker the full terms of their employment, including workers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional form WH-516 for contractor's use in disclosure.

(ii) The contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (i.e. per hour, per tree, per acre), number of units earned if paid on a per unit basis, hours worked, total pay, withholdings and purpose for each, and net pay. Payroll records shall be retained for three years.

(iii) Payments must be made no less frequently than every two weeks or semi-monthly. At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed above and which shall include the employer's tax identification number.

(iv) If paid on a piece rate basis, the employee's wage must be at least equivalent to the required hourly wage for the hours worked, including overtime differential for time in excess of 40 hours per week.

(3) Motor Vehicle Safety

(i) The contractor must be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. The authorization to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is still applicable. Any driver who transports workers for a fee or at the direction of the contractor must be registered as a farm labor contractor or a farm labor contractor employee.

(ii) Any vehicle under the ownership or control of the contractor shall comply with safety standards applicable to that vehicle. Generally passenger vehicles or station wagons must comply with Department of

Labor regulations at 29 CFR 500.104. Vehicles other than passenger vehicles or station wagons which are driven more than 75 miles must comply with Department of Transportation Regulations at 29 CFR

500.105. All drivers must have a current, valid State driver’s license.

(iii) Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker shall be covered by vehicle insurance of $100,000 per seat (maximum

$5,000,000). A workers compensation policy which covers the workers while being transported plus an additional property damage policy for $50,000 for loss or damage in any one accident to the property of others may be substituted for the vehicle insurance requirement.

(4) Housing

(i) The contractor shall house workers only in a commercial establishment or a facility that has been certified by a health authority or other appropriate agency. The contractor must post the certificate of occupancy at the housing site.

(ii) The authorization to furnish housing, other than commercial lodging, must appear on the contractor's certificate.

(e) For further information on the requirements of the Act, contractors should contact their local Wage and

Hour Division of the Department of Labor.

4G52.222-703 Migrant and Seasonal Agricultural Worker Protection Act Registration

AG-82D7-S-16-0005 White River NF Weed Spraying BPA Page 8 of 49

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 U.S.C. 1801-1872) and implementing regulations issued by the Department of Labor (29 CFR 500), require any employer who hires or anticipates hiring employees subject to MSPA to obtain an MSPA registration number.

If the contractor employs or anticipates hiring employees subject to MSPA, the contractor shall provide a valid U.S. Department of Labor MSPA Registration Number to the Contracting Officer within 10 days after notification of award of the contract.

The Government may demand that the contractor display MSPA registration at any time during contract performance if it appears that the contractor is employing workers subject to MSPA. On demand, the contractor shall display its MSPA registration or state why it is exempt from MSPA.

Compliance with MSPA is a material condition of the contract. If the contractor fails to provide a valid

MSPA number in accordance with this clause, or falsely states that it is exempt from the MSPA, the

Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

4G52.222-704 Personal Protective Equipment

The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

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 which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment shall not be used.

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

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.

In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at no cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute

(ANSI) standard Z89.1-1997.

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.

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 for example, chain saw operation.

4G52.222-705 Camping Provisions For Labor Intensive Contracts

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

AG-82D7-S-16-0005 White River NF Weed Spraying BPA Page 9 of 49

These provisions are in addition to those contained in, or provided for, in the clause titled "Use of

Premises:, in this contract.

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.

The campsite must 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 is permitted within developed recreation sites or along primary recreation roads.

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

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.

Damaging or removing any natural feature or other property of the Forest Service is prohibited. Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area. 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. An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes. 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. 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 rodents.

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

Gauze pads (at least 4x4 inches)

Two large gauze pads (at least 8x10 inches)

Box adhesive bandages (band-aids)

One package of gauze roller bandage at least 2- inches wide

Two triangular bandages

Scissors

At least one blanket

Tweezers

Adhesive tape

Latex gloves

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

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

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.

AG-82D7-S-16-0005 White River NF Weed Spraying BPA Page 10 of 49

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.

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

During the fire season, 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.

All fire rings or outside fireplaces must 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.

All generators and other internal combustion engines must be equipped with USForest Service 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).

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

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

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

C - SECTION C - Description/Specifications/Statement of Work

C.1 General Information

This Blanket Purchase Agreement, further known as BPA, is to provide Herbicide Applications to

Noxious Weed Infestations on all Ranger Districts located on the White River National Forest.

The forest consists of:

• Aspen/Sopris Ranger District (located in Aspen and Carbondale Colorado)

• Blanco Ranger District (located in Meeker, Colorado)

• Dillon Ranger District (Silverthorne, Colorado)

• Eagle/Holy Cross Ranger District (located in Eagle and Minturn, Colorado)

• Rifle Ranger District (located in Rifle, Colorado)

C.1.1 Background

The White River National Forest has an ongoing requirement for contract applications of herbicide to invasive noxious weed infestations. Some of these applications will be accessible by vehicle and all terrain vehicle, while others will be only accessible by foot or horseback.

The type of application will be clearly identified with each task order. Aerial applications of herbicide will not be considered in this contract.

C.1.2 Scope

The scope of work consists of treating noxious weeds with herbicides and providing treatment data back to the District Weed Program manager. The contractor shall provide any and all

AG-82D7-S-16-0005 White River NF Weed Spraying BPA Page 11 of 49 labor, equipment, livestock, non-herbicide supplies, services, permits, licensing, supervision, workman's compensation, unemployment, and transportation to accomplish weed treatment and treatment data. The Forest Service will supply all necessary herbicide and herbicide related products. Equipment being used for the requirements under this contract shall be cleaned prior to entering the National Forest and cleaning may be required between sites.

Supply of water may or may not be available in the local area of work, if not; the contractor will be required to furnish water.

C.l.2.1

The contract for this Solicitation will be for a Blanket Purchase Agreement (BPA). The duration for this BPA will be five (5) years. This BPA will be re-evaluated annually by the

Contracting Officer. The White River National Forest Contracting Officers Representative

(COR) will make a call against this BPA. The call will contain specifications and maps covering the area to be sprayed that time.

C.1.3 Location and Description

The treatment areas that are included in this contract will be located in several locations within the White River National Forest; which is comprised of the Aspen/Sopris, Blanco, Dillon, Eagle/Holy Cross, and Rifle Ranger Districts. Areas of treatment will be determined by each call and may include applications by truck, ATV/UTV, backpack or horse mounted apparatus.

The exact location, target weed species, and method of application will be identified in each call.

The contractor shall submit all herbicide application data as well as GPS coordinates of the applications to the COR no later than ten (10) working days after completion of each project.

The contractor shall provide all personnel, equipment, livestock (if needed) , supplies, facilities, transportation, tools, materials, supervision, and other items (except those designated as Government furnished) and non-personal services and incidentals to safely perform all work necessary on the areas provided in this Performance Work Statement and supporting work statements for each call.

C.1.4 Equipment

C.1.4. l ATV/UTV

For accessible project areas motorized equipment can be utilized. ATV/UTV, and Argo mounted spray units are all acceptable methods. Some projects may allow truck or tractor mounted units. They type of equipment will be clearly specified in each task order. Check with the weed program manager if you have any questions.

C. l.4.2 Horseback

For remote herbicide applications, the projects will need to be completed by horseback. All horse-mounted treatments will be conducted using a "Saddle-Light" Horseback Weed

Sprayer, available through the White River Conservation District, or an equivalent method.

The District Weed Program Manager/ COR will approve any application method other than the Saddle-Light sprayer, prior to work being done.

C.1.4.3 Foot

If the contractor should choose to utilize backpack sprayers instead of horse mounted equipment for remote applications, it will likely take several operators to complete this project in a timely manner. A 4-gallon backpack will only treat approximately .1 acre per load. If the contractor were to choose backpacks, or some other hand held application method, the contractor would need to show an adequate workforce available to complete

AG-82D7-S-16-0005 White River NF Weed Spraying BPA Page 12 of 49 the project in the allotted timeframe in order to be considered for BPA award.

C.1.4.4 Weed-Free Equipment

The contractor shall ensure all equipment is checked and found free of soil, seeds, vegetative matter or other debris that could contain or hold seeds prior to entering the

Forest. The contractor shall also ensure that all camp equipment, livestock, and tack will be free of weed seeds prior to entering the Forest.

C.1.4.5 Motorized Equipment

All use of motorized equipment will strictly adhere to the Forest Travel Management Plan except specifically where designated off-road/trail in the project specifications.

C.1.5 Livestock Use

Any authorization to graze livestock is temporary and will not establish a priority for future use of the range. Any grazing that occurs must be authorized by the COR in the pre-work m e e t i n g .

C.1.5.1

The contractor shall comply with grazing instructions as issued by the Forest

Service and shall require all employees to do likewise. Illegal grazing of livestock used i n conjunction with this contract will be grounds for termination of the contract.

C. l.5.2

Only the number of livestock necessary to complete the spraying operation will be authorized to graze. (Usually two per sprayer, one saddle and one pack animal)

Livestock numbers will be determined in the pre-work meeting.

C. l.5.3

Grazing utilization will be determined by stubble height of the grasses and sedges.

Grazing utilization will not exceed a 4-inch forage stubble height. Note:

Measurements are average of plant heights within grazed area. Once maximum utilization has been reached, the stock will need to be moved or fed certified weed free hay or pellets. Any new grazing location must be approved by the COR.

C.1.5.4

The contractor shall not allow horses to run at large. Unless grazing, horses shall be tied to a high line or kept in a temporary pasture when being fed and watered or when not being used. Animals will be tied to removable hitch racks or other holding devices rather than tied to an individual tree. Any tying to trees will be for a very short period of time and done in a manner as to not damage the tree.

C.1.5.5

Grazing of wet meadows is not allowed.

C.l.5.6

No authorization for grazing use will be approved which results in overuse of the grazing resource.

C.1.5.7

The contractor is responsible for tracking and complying with the allowable forage use levels.

C.1.5.8

Pack and unridden saddle stock must be led and controlled while using trails except where conditions make this practice unsafe. The purpose is to protect trails, people, and livestock.

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C.1.5.9 Manure will be routinely raked and spread to reduce odors, flies, resource damage, and unsightly conditions.

C.1.5.10

Livestock, owned or controlled by the contractor, that die on National Forest

Service lands, shall be removed or otherwise disposed of in a manner acceptable to the COR.

C.1.5.11

All public lands within the State of Colorado require the use of certified weed free hay, mulch or straw.

C. l.5.12

Livestock will be secured a minimum of 100 feet from all lakes, streams, and t r a i l s , unless otherwise restricted by local regulations.

C.1.5.13

When salt is provided for livestock, it shall be in block form and contained to a tub to prevent soil contamination.

C.1.6 Spraying Specifications

C.1.6.1

Herbicide shall be applied in accordance with manufacturer's label instructions and specifications. A minimum of 15-20 gallons of water per acre must be applied with the recommended acre rate of herbicide. It is the contractor's responsibility to comply with all requirements of the Colorado Pesticide Applicator's Act (Sec.35-

10-10 l et seq. C.R.S.). The contractor shall comply with all federal, state, and local rules, regulations, and laws pertaining to the work required by this contract.

Application rates for treatment will be determined by the Forest Weed Program

Manager/COR, prior to start of work.

C.1.6.2

Timing of application will be consistent with factors such as target species, growth stage, product formulation, and weather.

C.1.6.3

Weeds will be treated by spot spraying. Spraying must be done in a site-specific manner to minimize impacts on non-target vegetation and address any environmental concerns. Even areas where boom spraying is appropriate, site specificity will be heavily stressed.

C.1.6.4

Cleaning of all spray equipment and disposal of herbicide containers shall be done in accordance with State and Federal law.

C.1.6.5

Herbicides to be used under this contract include only those specified and furnished by the Government.

C.1.6.6

Surfactant will be utilized in all applications, and added to the mix at the rate of no less than .5% by volume. Surfactant will be furnished by the G o v e r n m e n t .

C.1.6.7

Marker Dye will be added into all mixtures to insure uniform treatment and also t o minimize the number of patches of weeds that could be accidentally missed. Dye will be furnished by the Government.

C.1.6.8

To enable follow-up monitoring by the contracting officers representative, the

Contractor shall accurately mark the areas which were treated on topographic maps

AG-82D7-S-16-0005 White River NF Weed Spraying BPA Page 14 of 49 provided by the COR, collect GPS coordinates, if applicable, and submit these with billing statements.

C.1.7 Reporting Requirements

The contractor shall maintain daily records and logs containing all applicable information as required by the State of Colorado, and shall provide a copy of the daily application record for the District Weed Program Manager/COR s review.

Blank daily pesticide application record sheets will be supplied by the COR. Only Forest

Service application records will be accepted unless otherwise agreed upon with the District

Program Manager/COR and the Contractor at the pre-work meeting.

Application record forms shall be completed in full, along with mapped treatment locations and submitted to the COR no later than 10 days following the completion of the project. This information, along with a field inspection, will be the basis of payment. Treatment acreage will be determined on a calibrated total gallon per acre (GPA) rate of herbicide mixture u s e d .

C.1.8 Other Requirements

C.1.8.1

While the majority of the weed management activities will be conducted in open meadows and areas of small mountain shrubs, special attention needs to be made as to operating safely within a bark beetle infested area.

C.1.8.2 Licensing

It will be the responsibility of the contractor to obtain the proper certification and or licensing by the State of Colorado. It is the contractor's responsibility to comply with all requirements of the Pesticide Applicator's Act (Sec.35-10-10 l et seq.

C.R.S.).

C.1.8.3 Liability/Safety

The Forest Service is not responsible for the safety of the Contractor or any of their employees. The Forest Service is not liable for damage to adjacent crops, water aquifers or human and animal contamination. The Forest Service is not responsible for damage to equipment or livestock provided by the contractor, or for damage caused to property or individuals as a result of negligence of the contractor or damage caused by contractor's animals.

C. l.8.4 Payment

Payment will be on a per calibrated acre treated basis, per a voucher to be submitted by the contractor, along with daily application records.

Following a field inspection by the COR and review of records invoice can be submitted to IPP.

C.2. Scheduling Work

The Government will issue a BPA call with specifications and maps to the contractor (s). Each contractor will then submit pricing for the specific task listed on the call (see attachment 2 sample

BPA RFQ order form).

The COR will typically meet with the contractor at the site location prior to weed spraying.

Generally, hours of operation for spraying shall be between the hours of 8 A.M. and 5 P.M, Monday through Friday unless prior approval obtained from the COR.

C.3. Pre Quote Conference

There will be no formal pre-quote showing.

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C.4 Post Award Conference

A post award conference with the successful offeror(s) will be required. The meeting will be held at a time and place mutually agreeable to the Contractor, Contracting Officer and Contracting

Officer's Representative (COR). The purpose of this meeting will be to discuss the schedule of work, work performance requirements, contract terms, and to familiarize both parties regarding the responsibilities of each under the terms of this BPA.

C.5 Contractor's Representative

Prior to the start of work, the Contractor shall designate in writing a person to act for him/her during his/her absence from any work site and shall specify the scope of their authority.

C.6. Accessibility/Government Furnished Property

C.6.1 Materials

The Government will provide:

• All herbicide and herbicide related products such as marker dye and surfactant.

• Maps of treatment and inventory areas, and daily application spray sheets.

• Maps identifying general locations of noxious weed areas. Exact locations may not be identified. Large detailed maps are available from the contract COR upon request.

• A key to Forest Service Road Closure Gates may be issued as needed, and is required to be returned at the conclusion of each Call.

• Sensitive Plant Identification Guide if needed.

• Letter or permit t to the contractor authorizing on and off road activities if necessary.

The Contractor will be required to sign an AD 107 Transfer of Government Property form when

(if) they receive the key. The key and the AD107 form shall be returned at the end of CALL.

Contractor shall be responsible for the key. If the key is lost by the contractor or contractor's representative, the contractor shall be responsible for replacement of the key. Cost per lost key is

$300.00.

C.7. Conduct of Personnel

The Contractor and his/her employees shall make every reasonable effort to prevent interference with the normal use and occupancy of recreational areas while engaged in the performance of the contract.

Due to the nature of the duties under this contract, the Contractor and his/her employees shall keep themselves and equipment presentable at all times. The Contracting Officer may, in writing, require the

Contractor to remove from the work site any employee that the Contracting Officer deems incompetent, careless, discourteous to the public, or is otherwise objectionable. In addition the Contractor shall be responsible for theft, possession and/or the removal of materials, supplies, equipment or any

Government owned property from job sites.

C.8 Resource Damage

Any damage or defacement that occurs to government property or land resources during the Contractor's operations shall be repaired at the Contractor's expense and restored to its original condition. Onsite inspections will be made by the COR prior to the acceptance of work.

AGAR 452.2 I 1-74 Period of Performance. (FEB 1988)

AG-82D7-S-16-0005 White River NF Weed Spraying BPA Page 16 of 49

The period of performance for this BPA is from AWARD through April 30, 2021.

D - SECTION D - Packaging and Marking

No clauses for this section.

E - SECTION E - Inspection and Acceptance

No Clauses for this section

F - SECTION F - Deliveries or Performance

No Clauses for this section

G - SECTION G - Contract Administration Data

G.l INVOICES SHALL BE SUBMITTED TO:

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 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.

G.2 Forest Service Representatives

Robert Hall will serve as the Contracting Officer on this contract and he can be reached at 970-

945-3217 or by email at: rehall@fs.fed.us.

A Contracting Officer Representative shall be appointed for this contract upon award. His/her delegated authority and responsibilities shall be defined on a delegation letter issued after contract award. This delegation shall also contain his contact information.

(End of Clause)

H - SECTION H - Special Contract Requirements

H. 1 FIRE PROTECTION

H.1.1 Fire Tools. The Contractor will provide for each employee in the contract area at least one approved hand tool of a type appropriate in the contract area, such as shovel, Pulaski, or ax. Where additional tools, beyond those required below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

http://www.ipp.gov/index.htm http://www.ipp.gov/vendors/enrollment-vendors

AG-82D7-S-16-0005 White River NF Weed Spraying BPA Page 17 of 49

H.1.2 Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

a. One - fire extinguisher, dry chemical type of not less than 2- l/2 pound capacity with

4 BC or higher rating.

b. One - shovel, round point #0 or equal.

c. One - ax, 2 pounds or over, 26-inch minimum length, or one Pulaski.

d. One - water container (at least I-gallon capacity), not required with stationary equipment.

H.1.3 Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest

Service Standard 5100-la, are:

(a) Small engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

H.1.4 Smoking. Smoking shall be permitted inside an enclosed vehicle, when in the facility. The exception is on surfaced or dirt roads, and shall never be allowed while working or traveling on foot.

H.2 Fire Control

H.2.1

Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the

Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The

Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the

Contractor's employees or resulting from contract operations.

H.2.2.

Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

H.2.2.1. Fire Tools. The Contractor will provide for each employee i n the contract area at least one approved hand tool of a type appropriate in the contract area, such as shovel, Pulaski, or ax. Tools required and furnished under H.2.5.2.

and H.2.5.4. below shall count toward fulfillment of the above requirement.

Where additional tools, beyond those required below, are to be provided, the

Contractor shall seal such tools in one or more boxes painted red and marked

"Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the

Forest Service.

H.2.2.2. Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each

AG-82D7-S-16-0005 White River NF Weed Spraying BPA Page 18 of 49 unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

a. One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

b. One - shovel, round point #0 lady or equal.

c. One - axe, 2 pounds or over, 26-inch minimum length, or one Pulaski.

d. One - water container (at least I -gallon capacity), not required with stationary equipment.

H.2.2.3. Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multi position engines, such as chainsaws, shall meet Society of Automotive

Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

H.2.2.4. Power saws. For each power saw used in connection with this contract, the following will be provided:

a. One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

b. One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

H.2.2.4.1. Any fueling or refueling of a power saw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; power saw shall be moved at least 10 feet from place of fueling before starting.

H.2.4.5 . Blasting. Fuse or prima cord shall not be used unless authorized in writing by the

COR with special precautions stated.

H.2.2.6. Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

H.2.2.7. Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where…