AG-84N8-S-14-0003.pdf

REGION 4 UTAH ACQUISITION SUPPORT CENTER INSTRUCTIONAL COVER SHEET

ISSUING OFFICE:

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

UTAH ACQUISITION SUPPORT CENTER

2222 WEST 2300 SOUTH

SALT LAKE CITY, UT 84119

FAX (801) 975-3483

SOLICITATION NUMBER: AG-84N8-S-14-0003

QUOTATIONS ARE SOLICITED FOR: BEAVER CREEK FIRE BAER GROUND COVER APPLICATION

IMPORTANT – NOTICE TO OFFEROR:

OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS WITH THEIR RESPONSE TO THIS

SOLICITATION:

1. Schedule of Items (Complete, date, and sign)

2. Delinquent Tax and Criminal Activity Certification (pages 47-48)

3. Proposal information as requested in AGAR 452.215-71 (below)

4. Representations and Certifications (Complete the Representations and Certifications electronically in the Online

Representations and Certifications Application (ORCA) website at https://www.sam.gov

Quotes/proposals may be submitted electronically to sbatkinson@fs.fed.us or by fax (801) 375-3483. Proposals may also be mailed to:

Shawn Atkinson, Contracting Officer

UASC, 2

nd

Floor, GSTC

2222 W. 2300 S.

Salt Lake City, UT 84119

The due date and time for receipt of proposals/quotes is Wednesday, November 6 th

10:00 a.m. MDT.

Questions regarding this solicitation shall be submitted in writing to sbatkinson@fs.fed.us

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT

(SAM) DATABASE PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSE 52.204-7 SYSTEM FOR AWARD

MANAGEMENT FOR DETAILS ON HOW TO APPLY.

This acquisition is being conducted using Simplified Acquisition Procedures as authorized by FAR 13.500 – Test

Program for Certain Commercial Items and is a total small business set-aside under NAICS 115310 – Forestry

Activities for Forestry with a size standard of $7 Million.

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Beaver Creek Fire BAER https://www.sam.gov/ mailto:sbatkinson@fs.fed.us mailto:sbatkinson@fs.fed.us

Combined Synopsis/Solicitation for Beaver Creek Fire

BAER Ground Cover Application

Schedule of Supplies/Services

Beaver Creek Fire BAER Ground Cover Application

Ketchum Ranger District/Sawtooth National Forest

Shoshone Field Office/Twin Falls District Office

Base

Item No. Description Estimated Qty Unit Unit Price Total Price

Application of seed, 15 lbs/acre of pure live seed (PLS) for areas receiving mulch (Forest Service land)

1,325 Acre $ $

Application of agricultural (wheat) straw mulch, treatment units 1,2,3, and

4 (Forest Service land)

1,325 Acre $ $

Application of seed, 15 lbs/acre of pure live seed (PLS) for areas not receiving mulch, (Forest Service land)

5,800 Acre $ $

TOTAL BASE ITEMS XXXX XXXX XXXX

Option Items

Item No. Description Estimated Qty Unit Unit Price Total Price

Application of agricultural (wheat) straw mulch, treatment unit 5

(Bureau of Land Management Land)

440 Acre $ $

TOTAL OPTION ITEMS XXXX XXXX XXXX

SIGNATURE OF OFFEROR/CONTRACTOR

NAME AND TITLE OF SIGNER DATE SIGNED

TIN_________________________________ DUNS__________________________________

Important Instructions Regarding the Schedule of Items and Preparation of Quotes

Offerors must quote on one of the following combinations:

a) Items 001, 002 and 004.

b) Item 003 only.

c) Items 001, 002, 003, 004 (all items).

The Government reserves the right to award multiple contracts from this solicitation to the

Contractor(s) that can provide the best value to the Government and complete the work in the required time period. Each quote will be evaluated based on the criteria described in FAR 52.212-2 --

Evaluation -- Commercial Items (clause below) of this solicitation and contracts awarded based on the results of the evaluation.

The Government reserves the right to award any and all option items until December 31, 2013.

Contractor pricing shall reflect the possibility of a suspension of work this fall that may occur during the course of implementation of the project and a resumption of work next June. If this occurs, extra expense will likely be associated with a second mobilization, increases in fuel costs, and protection of straw that may be stored on Forest over the winter. Pricing on the Schedule of Items shall reflect the possibilities of these costs.

See AGAR 452.215-71 INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL

AND BUSINESS PROPOSALS (below) for proposal preparation instructions and FAR

52.212-2 – EVALUATION - COMMERCIAL ITEMS (below) for the evaluation criteria that will be utilized in making the award(s).

The due date and time for receipt of proposals/quotes is Wednesday, November 6 th

10:00 a.m.

MDT.

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

1. Scope of Contract

Land agency management direction includes emergency response, rehabilitation, and restoration of resources. More specifically, management includes the implementation of emergency and non-emergency land treatments to meet the objectives of protecting watershed values and land uses within watersheds. This emergency response, rehabilitation, and restoration contract includes the use of proven effective land treatments to meet agency objectives. The land treatments that are part of this contract are aerial-based applications of plant seed and agricultural mulch. These are very common treatments that are used for the Burned Area Emergency Response (BAER), watershed improvement, road maintenance, and habitat improvement programs. Mulch applications have been found to be effective at reducing erosion and runoff on burned areas, construction sites, and other areas where a protective surface cover can lessen recovery time. Seeding has been found to be effective at reestablishing a vegetative cover to protect from erosion and runoff, increase soil stability through root development, and speed the recovery of desired vegetative plant communities.

The success of emergency response, rehabilitation and restoration of watersheds relies on the ability to mobilize and implement expeditiously. The intent of this contract is to meet objectives of protecting, rehabilitating, or restoring watersheds and other land resources.

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(a) The intent of this solicitation and any resultant Contract is to obtain the services described herein.

All services procured shall be accomplished in a safe, effective, environmentally aware manner and in accordance with all federal, state, and local laws and regulations.

(b) The Contractor shall keep and maintain programs necessary to assure safety of ground and flight operations as required. The development and maintenance of these programs are a material part of the performance of the contract. When, in the sole judgment of the Contracting Officer, the safety programs do not adequately promote the safety of operations, the Government may terminate the contract for default. Examples of such programs include but are not limited to: 1) Personnel

Activities, 2) Maintenance, 3) Safety and 4) Compliance with Regulations.

(c) Contract personnel shall conduct themselves in a professional and cooperative manner in fulfilling this Contract

2. Equipment Requirements

(a) The contractor shall comply with all applicable federal, state, and local regulations and directives pertaining to safety, maintenance, and performance of all aircraft proposed for use under this contract.

Additionally, aircraft shall be maintained in accordance with all manufacturer’s guidelines and bulletins.

(b) Condition of Equipment

(1) Contractor-furnished aircraft and equipment shall be operable, free of damage, and in good repair. Equipment shall be free of weed seed and dirt. Aircraft systems and components shall be free of leaks except within limitations specified by the manufacturer.

3. Contractor’s Environmental Responsibilities

(a) The Contractor is responsible to ensure that all maintenance, fueling, and flight activities do not cause environmental damage to property or facilities.

(b) The Contractor shall be responsible for all cleanups of fuel, and oil on airport ramps, staging areas, parking areas, landing areas, etc., when caused by Contractor aircraft or personnel. When cleaning paved areas, the contractor shall utilize cleaning agents that are biodegradable and non-toxic.

Contaminated soils shall be removed to appropriate containers and disposed of as hazardous waste.

(c) The Government may, at its option, assign an area to be utilized by the Contractor for storage of equipment used in support of Contract performance. Oil, solvents, parts, engines, etc. shall be stored and utilized in a manner consistent with acceptable safety, health and environmental concerns.

(d) The contractor shall ensure that they are in compliance with 40 CFR Part 112: Oil Pollution

Prevention; Spill Prevention, Control, and Countermeasure Plan Requirements (SPCC).

An SPCC plan is required for each mobile fueler used on this contract regardless of bulk storage container (tank) size.

4. Location and Description

The lightning-caused Beaver Creek fire burned roughly 116,000 acres of land east of the Wood River

Valley, Idaho. The headwater source areas of the Deer Creek, Greenhorn, and Baker Creek drainages

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burned at high and moderate severity threatening downstream values of human life and safety, road and trail infrastructure, recreation infrastructure, and fish habitat. The burned area is in close proximity to the communities of Hailey and Ketchum, Idaho.

Work under this contract is for applications of grass seed and straw mulch, both of which have do not contain Bromus tectorum (commonly referred to as “cheatgrass” [see Section 6 of SOW]) on 1,325 acres of National Forest System (NFS) lands and 440 acres of Bureau of Land Management (BLM) that burned at high and moderate severity within the Beaver Creek Fire perimeter. Work also includes the application of seed to 5,800 acres of NFS lands. The requirements in this contract include purchase, delivery, and aerial-based application of grass seed and mulch material for emergency stabilization of the burned area. The contractor is responsible for furnishing grass seed and agricultural mulch material, locating potential staging areas, labor, equipment, supervision, transportation, operating supplies, clean-up, rehabilitation, and incidentals to complete all facets of the contract. All work will be done in compliance with contract terms, specifications, and provisions that are established in this contract.

Seeding Project. The contractor is responsible for furnishing grass seed, subsequent handling, off-loading, storage and protection of seed at staging area, and application of grass seed at a rate of 15 pounds per acre of pure live seed (pls).

Mulching Project. The contractor is responsible for furnishing agricultural mulch material; operating supplies, labor, equipment, and supervision for application methods; and clean-up and rehabilitation of the staging area. Special precautions will be made to minimize the spread of mulch materials, including potential spread of noxious weeds and invasive species, from staging areas. Mulch will be applied to the ground at a continuous cover of uniform thickness to replace ground cover, to maintain soil moisture, and accelerate recovery of native vegetation. The intent is for mulch to be applied using aerial-based equipment, however spreading by hand crews may be necessary to achieve the desired uniform coverage.

The contractor shall provide all equipment, supplies, transportation, labor, and supervision necessary to complete the project, except for that which the contract clearly states is to be furnished by the

Government.

5. Site Visit

A site visit is scheduled for Friday, November 1 st at 10:00 am. Meet at the Deer Creek Road where it crosses the Big Wood River. The purpose of the trip is to escort contractors to a potential staging area on NFS land as the Deer Creek drainage road is currently closed to the public. The other potential staging areas are accessible to the contractor and will not be visited during the course of the site visit. Contractual questions, if any, will be noted and sent to the Contracting Officer for inclusion in an amendment. Technical questions, if any, may be answered on site or noted for inclusion in an amendment.

6. Technical Specifications

Grass seeding shall be applied first using aerial-based equipment at specified rates in designated areas.

After seeding, agricultural wheat straw mulch shall be applied using aerial-based equipment at a uniform coverage in designated areas. Applications of seed and mulch shall be conducted in areas that are not fully accessible by ground equipment; it is more efficient to use aerial application methods due to the amount of material needed for treating the large sized units.

Item 001 – Application of Seed, 15 lbs/acre of Pure Live Seed (PLS) for Areas Receiving Mulch

(Forest Service Land). The treatment units shall be seeded at a rate of approximately 15 pure live seed (PLS) pounds per acre (5 to 8 PLS per square foot). The contractor is responsible for supplying, handling, off-loading, storage and protection of seed at staging area, and seed application. Equal, uniform distribution of 15 PLS lbs/acre will be expected and evaluated within the four treatment units that are to receive seed (Curran, Imperial Gulch, Alden Gulch, and Badger Gulch). The seed mix shall consist of the species listed in Table 1.

Table 1. Item 001 Seed Mix.

Common Name Scientific Name Recommended Source or Cultivar

PLS

Pounds per Acre

Acres to Seed

Total Pounds

PLS Seed

Sterile Triticale Hybrid

(annual)

Triticum aestivum x

Secale cereale Quickguard 10 1,325 13,250

Bluebunch Wheatgrass Bromus carinatus 3 1,325 3,975

Mountain brome Pseudoroegneria spicata 2 1,325 2,650

Contractor Furnished Seed. The Contractor shall supply seed to meet project specifications. All seed furnished by the Contractor shall meet the following requirements as a minimum. Other requirements may apply depending on project needs.

1. Seed must be free from prohibited weed species, cheatgrass, and meet or exceed minimum standards for restriction weed seed as listed in the State of Idaho Certification Standards.

2. Seed shall meet State of Idaho Standards for Source Identified class of seed. Tests and examinations for purity, germination, and Idaho-listed noxious weeds are required and testing must have been conducted within the last 12 months.

3. Seed tests shall be the responsibility of the Contractor or seed supplier. Seed test results must be submitted to the Government. Test results must be satisfactory to the Government before final acceptance of the seed is made. Note: A tetrazolium test (TZ) may be made in lieu of a germination test for a seed viability test with the approval of the COR. This decision may be based on the species involved or time constraints. The Government may conduct separate seed test where needed to ensure adequate seed viability.

4. Seed must meet or exceed State Certification Standards for each species. Generally, where no standards exist, Kentucky Bluegrass standards shall be used for grass seed. Standards for forb and grass seed may also be set by the Government.

5. Seed moisture content shall not exceed 10 percent.

6. Harvested and cleaned seed shall be bagged and secured in bags made of a strong material that maintains seed viability during storage.

7. All bags shall be tagged and labeled to meet State of Idaho seed law labeling requirements and marked with the following information. Additional labeling information may be requested by the

COR, such as the Project Name, National Forest or unit, etc.

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a) Name and variety of each seed component in excess of five percent (5%) of the whole. Hybrids shall be labeled as hybrids.

b) Lot number or other lot identification.

c) Origin (state or county, if known). If the origin is unknown, that fact shall be stated.

d) Net weight. Percentage by weight of all Pure Live Seed (PLS)

e) Percentage by weight of inert matter.

f) Percentage by weight of all other crop seeds.

g) The name and rate of occurrence per pound of weed seed present.

h) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present.

i) Percent Germination or tetrazolium test for each seed species:

j) The calendar month and year the test was completed.

k) Name and address of the company or person responsible for analysis of seed

l) Name and address of the company selling seed.

8. Bags of seed shall be stored in a cool and dry storage facility to assure optimal viability of seed until seed application to treatment units or delivery to the Government.

9. Applicable Laws: All laws pertaining to selling and transporting of seed or to noxious weeds are in effect. The Federal Seed Act (7 U.S.C. Sections 1551 – 161 0) applies to all acquisitions of seed. State of Idaho laws for which the seed is to be supplied are also applicable.

Item 002 – Application of Agricultural (wheat) Straw Mulch, Treatment Units 1, 2, 3, and 4

(Forest Service Land). Utilize agricultural wheat straw and application methods that have previously demonstrated effectiveness during distribution for a mulch cover in controlling accelerated erosion.

Utilize biodegradable wheat straw mulch materials that are favorable to residual vegetative growth, native species seed germination, and plant recovery. Suitable straw includes wheat straw, and all wheat straw must be certified to be weed free as per specifications mentioned below. The wheat straw must be of a quality to ensure proper dispersal during applications. Straw shaft length shall not exceed

12 inches.

Agricultural wheat straw must conform to the applicable Idaho State Department of Agriculture, Certified Noxious Weed Free Standards for Noxious Weed Free Forage and Straw (NWFFS). All agricultural wheat straw provided shall have been grown during the current or 1 year previous growing season.

All wheat straw shall be free of cheatgrass and restricted noxious weed species. The Forest Service will perform a visual field inspection of where the straw originated from and a straw bale inspection prior to shipping straw on National Forest Lands. The Contractor shall provide the information regarding the location of the fields where the straw originated from and the location of the straw bales.

Noxious weed species can be obtained from the Idaho Department of Agriculture Noxious Weed Seed

Requirements recognized in the Administration of the Federal Seed Act. Also refer to the “North

American Weed Free Forage Program” for the noxious weed and undesirable plant species list.

Specific mulch sources will be rejected when visual inspection of the field or bales indicate presence of any noxious weed species or presence greater than 0.5% by weight of cheatgrass.

For each truckload of wheat straw mulch material arriving at staging area(s), contractor will submit a copy of each “Certificate of Inspection” for field(s) that produced the wheat straw mulch material.

Such certificate shall be fully completed to include the name of straw mulch grower and the name of the inspector(s). Additional documentation shall consist of the field location, bale tag numbers if available, bale size, and “Transit Certificate”.

AG-84N8-S-14-0003

The rate of agricultural wheat straw application is determined by qualified individuals who have been trained in the principles of mulching treatments. The mulch shall be applied at a uniform thickness to achieve a minimum coverage of 70 percent of the surface area for each treatment unit. The desired application rate is not in tons per acre, but for straw to be distributed at depths ranging from 0.25 to about 1.0 inch (3 to 6 straw shafts) and not to exceed 2 inches in depth. The Contractor will be responsible for any unused straw once contract specifications have been attained.

Special ground support, equipment and documentation needs:

Bales shall be delivered to agreed-upon staging location(s). Staging area tasks include delivery, unloading, neatly stacking, and loading bales in nets for aerial distribution or into ground based equipment for ground distribution. Weather conditions may require covering the mulch material to within 2 feet of the ground on all sides using canvas tarps or plastic covers to keep the wheat straw bales dry. Should the contract be suspended due to seasonal weather closure the contractor may wish to take additional measures to protect straw from moisture and wildlife to ensure that the straw is suitable for application in the spring.

If the supplying state has a bale tag certification program then five tags per load shall be pulled from each truck and attached to a separate sheet of paper and submitted. The NWFFS

Certification Program Inspection Certificate (Transit Certificate) previously provided shall be used to verify the bales tags from the shipped mulch material originated from a stack or lot complying the noxious weed and other identified testing specifications. Bale tags that do not correspond with

Transit Certificate will be rejected.

At the end of each operational period, or prior to the morning briefing all documentation shall be submitted to the COR or representative for review. No work shall commence that day without documentation submitted.

Utilize methods of application which have previously demonstrated effectiveness in both distribution during application and erosion control capabilities.

Treatment Locations and Staging Areas. The Beaver Creek Fire ground cover treatment areas are in mountainous terrain with elevations ranging from 5,600 to 8,400 feet. For Item 001 and Item 002, the application of grass seed and straw mulch shall occur on same 1,325 acres in Units 1 through 4 identified in Table 2. The treatment units shall be seeded first then mulched according to specification.

Item 003 is application of seeding only and Item 004 is application of mulch only on BLM land. Refer to the attached treatment map for more precise locations.

Table 2. Treatment Units (Forest Service Land)

Unit ID Unit Name Treatment Acres *Priority

1 Imperial Gulch Seed and Mulch 128 1

2 Alden Gulch Seed and Mulch 386 3

3 Badger Gulch Seed and Mulch 292 4

4 Curran Gulch Seed and Mulch 519 5

1,325

*- Priority 2 is listed under Bid Item 004.

Table 3 lists the potential staging areas on NFS lands for straw mulch storage/net loading and potential aviation service landings. The Government makes no representation as to the actual or practical use of these potential staging areas or any others in or near the burned area. Final decisions on the use of any

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staging areas on NFS lands will be agreed upon by the contractor, local officials (such as the District

Ranger, or acting), and the COR or BAER Implementation Team Leader.

If staging areas contain cheatgrass or noxious weeds (Federal or private) the contractor shall take measures to ensure that the straw is not contaminated by the weed seeds.

Table 3. Potential Staging Areas on NFS Lands.

Staging Area Latitude/Longitude Elevation Operations

Deer Creek 43.536 / -114.463 5,850 Mulch Storage/Net Loading

Limekiln 43.601 / -114.407 5,820 Mulch Storage/Net Loading

Newman Corrals 43.765 / -114.570 6,942 Mulch Storage/Net Loading & Aviation Service

Greenhorn Trailhead 43.594 / -114.416 5,890 Aviation Service

For staging areas located on private property, the contractor will be responsible for all rental agreements, liability to property, and transporting of equipment and supplies necessary to execute this contract, including the storage of mulch material and seed as necessitated by weather conditions.

Contractor will be responsible for all restoration and rehabilitation of staging areas. Clean-up and restoration will require that the restoration of sites will allow recovery to original pre-use conditions.

Special precautions will be in place prior to aerial operations to limit spread of mulch material and seed from staging areas. This may include, but is not limited to, fencing and daily clean-up of work site to reduce the spread of project materials.

The routes leading to the staging areas consist of paved highways under the jurisdiction of the State of

Idaho, and paved and gravel roads under the jurisdiction of Blaine County, Idaho and the Sawtooth

National Forest.

Item 003 – Application of Seed, 15 lbs/acre of pure live seed (PLS) for areas not receiving mulch

(Forest Service Land). The treatment units shall be seeded at a rate of approximately 15 pure live seed (PLS) pounds per acre (5 to 8 PLS per square foot). The contractor is responsible for supplying, handling, off-loading, storage and protection of seed at staging area, and seed application. Equal, uniform distribution of 15 PLS lbs/acre will be expected and evaluated within the five treatment areas to receive seeding [Cherry Creek (3 polygons), Deer Creek, Imperial, Limekiln, Willow Creek].

Seeding treatment units 6 through 10 are listed in Table 4. The seed mix shall consist of the species listed in Table 5.

The Forest Service has not identified potential staging areas for fixed wing aircraft.

Table 4. Seeding Treatment Units (Forest Service Land)

Unit ID Unit Name Treatment Acres

6 Cherry Creek Seed 1,169

7 Willow Creek Seed 408

8 Deer Creek Seed 2,137

9 Imperial Seed 1,106

10 Limekiln Seed 989

TOTAL 5,800

Table 5. Item 001 Seed Mix.

Common Name Scientific Name Recommended Source or Cultivar

PLS

Pounds

Acres to Seed

Total Pounds

PLS Seed

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per Acre

Sterile Triticale Hybrid

(annual)

Triticum aestivum x

Secale cereale Quickguard 5 5,800 29,000

Bluebunch Wheatgrass Bromus carinatus 6.5 5,800 37,700

Idaho Fescue Festuca idahoensis 3.5 5,800 20,330

Contractor Furnished Seed. The Contractor shall supply seed to meet project specifications. All seed

Contractor Furnished Seed. The Contractor shall supply seed to meet project specifications. All seed

1. Seed must be free from prohibited weed species, cheatgrass, and meet or exceed minimum standards for restriction weed seed as listed in the State of Idaho Certification Standards.

2. Seed shall meet State of Idaho Standards for Source Identified class of seed. Tests and examinations for purity, germination, and Idaho-listed noxious weeds are required and testing must have been conducted within the last 12 months.

3. Seed tests shall be the responsibility of the Contractor or seed supplier. Seed test results must be submitted to the Government. Test results must be satisfactory to the Government before final acceptance of the seed is made. Note: A tetrazolium test (TZ) may be made in lieu of a germination test for a seed viability test with the approval of the COR. This decision may be based on the species involved or time constraints. The Government may conduct separate seed test where needed to ensure adequate seed viability.

4. Seed must meet or exceed State Certification Standards for each species. Generally, where no standards exist, Kentucky Bluegrass standards shall be used for grass seed. Standards for forb and grass seed may also be set by the Government.

5. Seed moisture content shall not exceed 10 percent.

6. Harvested and cleaned seed shall be bagged and secured in bags made of a strong material that maintains seed viability during storage.

7. All bags shall be tagged and labeled to meet State of Idaho seed law labeling requirements and marked with the following information. Additional labeling information may be requested by the

COR, such as the Project Name, National Forest or unit, etc.

a) Name and variety of each seed component in excess of five percent (5%) of the whole. Hybrids shall be labeled as hybrids.

b) Lot number or other lot identification.

c) Origin (state or county, if known). If the origin is unknown, that fact shall be stated.

d) Net weight. Percentage by weight of all Pure Live Seed (PLS)

e) Percentage by weight of inert matter.

f) Percentage by weight of all other crop seeds.

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g) The name and rate of occurrence per pound of weed seed present.

h) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present.

i) Percent Germination or tetrazolium test for each seed species:

j) The calendar month and year the test was completed.

k) Name and address of the company or person responsible for analysis of seed

l) Name and address of the company selling seed.

8. Bags of seed shall be stored in a cool and dry storage facility to assure optimal viability of seed until seed application to treatment units or delivery to the Government.

9. Applicable Laws: All laws pertaining to selling and transporting of seed or to noxious weeds are in effect. The Federal Seed Act (7 U.S.C. Sections 1551 – 161 0) applies to all acquisitions of seed. State of Idaho laws for which the seed is to be supplied are also applicable.

Item 004 – Application of Agricultural (wheat) Straw Mulch, Treatment Unit 5 (Bureau of Land

Management Land)- Option Item. Requirements are the same as noted for Bid Item 002 except as noted below.

Treatment Locations and Staging Areas. Item 004 is application of straw mulch in Unit 5, as identified in table 6, with no seeding. Refer to the attached treatment map for more precise locations.

Table 6. Treatment Units

Unit ID Unit Name Treatment Acres Priority

5 Greenhorn Mulch Only 440 2

Contractor-Furnished Items/Services.

a) The contractor shall furnish mulch (agricultural wheat straw) material and seed to a pre-determined staging area(s). This includes transportation, support equipment such as loaders, application/installation equipment, support personnel, clean-up, and restoration of staging areas, and services required to perform the requirements of the contract in accordance with specifications herein. The Contractor is responsible for all costs incidental to equipment move-in and move-out, movement of equipment within the project area, and transportation of all

Contractor-furnished property.

b) Selection of staging and service landings. Any arrangements for use of private land will be made by the Contractor. The Contractor assumes all liability for operation, and rehabilitation of sites.

c) Warning signs on roads leading to operations at the staging area, and application sites shall be installed. The Contractor shall be totally responsible for signing, barricades, and traffic control on city streets, roads, and trails to maintain a safe environment to the public and Government

Employees. It will be the responsibility of the Contractor to contact local municipalities and governments for applicable operating permits to assist with signing of areas, and public safety.

d) Road Guards for all aviation operations that require flying over roads or near homes.

e) Trail Guards on the access points to trails that are within the flight paths of aerial operations.

f) Disposal of spilled mulch/seed, packing materials, pallets and/or other waste material in

Contractor provided receptacles in approved staging area. Contractor will be responsible for all restoration, and rehabilitation in staging area. Clean-up and restoration will require that the restoration of sites will allow recovery to original pre-use conditions. To limit spread of mulch/seed materials, special precautions will need to be in place prior to aerial or ground operations. This may include but is not limited to adding fencing and daily clean-up of work site to reduce spread of project materials. Contractor shall submit a plan outlining what precautions and mitigation will be in place to limit spread of material prior to project initiation.

This will include daily clean-up plans, mitigation strategies, and equipment that will be used to meet above mentioned specifications. A written plan shall be provided to the Contracting

Officer for evaluation.

g) Contractor is responsible for providing spill containment kits for all petroleum products used to complete contract. All fueling shall be at a distance greater than 100’ from perennial or intermittent streams and/or wetlands. A written plan shall be provided to the Contracting

Officer for technical evaluation regarding spill containment strategies.

h) Contractor is responsible for cleaning up any spills of diesel fuel, aviation fuel or gasoline, all considered hazardous materials. If a spill occurs, the Contractor will assume all liability and responsibility for clean-up to meet EPA and applicable state water quality standards. A written plan for dealing with such spills shall be provided to the Contracting Officer for evaluation prior to starting operations.

i) Contractor is responsible for rehabilitation of the staging area following clean-up. This shall include de-compaction of soil, seeding, and rehabilitation of roads that receive damage from excessive wear and tear, examples include but are not limited to stuck vehicles, damage to trees, fences, gates, and trails.

j) Contractor is responsible for cleaning of all vehicles to ensure they are free of soil, seeds, vegetative matter, or other debris that could contain or hold non-native noxious weed seed prior to entering Forest Service, Bureau of Land Management or private lands. Contractor shall certify in writing, compliance of terms prior to moving equipment onto job site.

k) Contractor is responsible for providing a personal computer and printer to complete daily progress report for CO or their designee.

l) Contractor shall provide a communication system so that contractor personnel, aircraft, and

Government project inspectors can communicate at all times with each other to discuss performance matters, or safety issues. VHF-FM radios must have high band capabilities, and must be capable of reaching narrow band frequencies.

m) Contractor furnished Quality Control personnel must have electronic equipment capable of capturing coordinates using a Global Positioning System (GPS). The Government will provide coordinates for each treatment area as GIS shape files. All aerial treatment sites are required to be flown using geo-referenced shape files that are available as polygons to be downloaded in aircraft GPS unitsA completed map of coverage areas shall be provided by the contractor during and at the end of the project denoting where all aerial and/or ground operations have occurred. Contractor must also supply SATLOC or similar GPS tracking information on a daily basis for aerial seed applications.

Project Safety and Resource Protection Objectives. All plans referenced below shall be submitted with the written proposal for review. Contractor shall comply with all Government Safety and Health

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regulations and the Department of Labor Occupational Safety and Health (OSHA) standards, and

Department of Transportation (DOT) regulations.

General Safety: Contractor shall provide a list of all accidents, motor vehicle, aviation, and personnel for the last 5 years. The name of Insurance Company with a contact person and phone number will also be required to verify list.

Site Safety Plan: The Contractor shall submit a written site specific safety plan for each project site, staging areas, and Forest Service or private roads leading to staging area(s). This includes procedure for traffic control (air traffic if applicable), communication, equipment use, signing, and protection of personnel and public. This plan will be used during the pre-work and subsequent meetings to ensure safe operations. This document will also be used for quality assurance standards during the project.

Special permits if required for operation within the applicable state, county, and/or city will be required at the pre-work meeting.

Aviation Safety Plan: The Contractor will be required to submit a detailed Aviation Safety Plan where aerial operations are conducted. The plan shall include flight routes to avoid homes, or areas in use by the public. As well as the use of security personnel to stop traffic over roads, limit travel on trails in project areas, etc. Coordination with commercial and private aviation traffic will also be required for review. The plan will also include communication procedures to monitor location of aircraft assigned to the project, a crash rescue, and missing aircraft plan.

Documentation.

A. Daily Operational Report. Daily progress reports are to be provided to the Government representative at the end of each operational period or the next day during the morning briefing.

No additional work that day will commence until documentation is provided.

1. Updated map indicating the area within the unit that has been treated.

2. The approximate number of acres treated within each unit by treatment type.

3. Estimate of total of seed (pounds) and agricultural wheat straw (tons) applied to unit(s).

4. Total flight time (hours) for each aircraft and treatment or assignment.

5. Total agricultural wheat straw mulch (tons) delivered to Staging Area(s).

a. Copies of weight tickets for each load delivered.

b. Copy of Noxious Weed Free Forage and Straw Certification Program Inspection Certificate from appropriate State for each Load (Transit Certificate).

c. In states with tag system Five (5) bale tags from each load of agricultural wheat straw delivered attached to a separate sheet.

6. Total of seed (pounds) delivered to Staging Area(s).

a. Seed tags from each lot of seed delivered attached to a separate sheet.

B. Final Report. A final report (1 hard copy) shall be provided which includes at a minimum:

1. A written report shall contain daily field conditions, application rates and areas covered, site conditions, and any other pertinent data that records the application of the product. The report shall contain a summary of the results of the application.

7. Accident Prevention and Safety

(a) The Contractor shall keep and maintain programs necessary to assure safety of ground and flight operations. The development and maintenance of these programs are a material part of the performance of the contract. When, in the sole judgment of the Contracting Officer, the safety

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programs do not adequately promote the safety of operations, the Government may terminate the contract for cause as provided in the “Contract Terms and Conditions”. Examples of such programs are but not limited to: 1) Personnel Activities, 2) Maintenance, 3) Safety and 4) Compliance with

Regulations.

(b) The Contractor shall fully cooperate with the Contracting Officer in the fulfillment of this clause.

The Contracting Officer may suspend performance of this contract work, during the evaluation period used to determine cause as stated above.

8. Government-Furnished Property

Printed maps of treatment areas shall be provided. If requested the Government will also provide electronic or digital data that represent the treatment areas.

Where applicable the Government will identify potential staging areas on NF system lands. The final staging areas for each project will be agreed upon by the contractor, local entities, and the Government.

The Forest Service or BLM will provide the seed for re-seeding of staging areas.

9. Government Quality Assurance

Quality assurance will be performed by the Government during the contract at regular intervals.

Methods may include visual survey and review of Contractor quality control documents. Deduction for work may include rework at no cost to the Government or Government acceptance with price reduction.

10. Contractor Quality Control

The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to ensure contract standards are met.

Records of quality inspections shall be kept and made available to the Government throughout the performance period and for the period after contract completion until final settlement of any claims under this contract.

A description of the quality control inspection plan shall be provided within two (2) days of contract award. The plan shall include; (1) control procedures for security of Government-provided items such as keys, and lock combinations; (2) location of the inspection documents; (3) corrective or preventive actions that shall be taken to meet quality standards; and (4) a customer comments feedback system.

Inspection and Acceptance Requirements

TASK/ SUBTASK

PERFORMANCE

STANDARD

METHOD OF SURVEILLANCE

DISINCENTIVES FOR

NOT MEETING

STANDARDS

Supply enough certified weed free wheat straw to sufficiently cover the project area.

As per Section 6 in

SOW.

Contractor meets criteria for daily documentation as outlined in Section

10 of the SOW.

Curtailment of performance until compliance is obtained.

Withhold payment.

Preventative measures made to minimize noxious weed spread at both staging area and within treatment units.

As per Section titled

‘Weed-Free

Equipment’.

Visual inspection by FS inspectors.

Upon inspection if vehicles do not meet requirements a receipt from truck wash with license plate number and date is required prior to entering

Government Land..

Accomplish aerial mulch treatment objectives.

As per Section 6 in

SOW.

(1) Review ground application quality control reports.

(2) Visual observation during & after application.

(3) Final approval by Inspector.

(4) FS may conduct random sampling tests of application rates and coverage

(100 foot or 100 step transects in representative areas in dispute).

Contractor shall be required to rework any area in a unit that fails to meet the cover standards.

Non-acceptance of work until treated to the AQL levels.

Supply seed for the treatment units

As per Section 6 in

SOW.

Contractor meets criteria for daily documentation as outlined in Section

6 of the SOW

Contractor to manage quality control.

Provide Quality

Control Plan (QCP) as per proposal information..

Visual inspection by FS inspectors.

Non-acceptance of work until quality control work is accomplished.

Provide daily progress reports

As per Section 6 in

SOW.

Review report.

Curtailment of performance until adequate report is submitted.

Provide Final Report.

As per Section 6 in

SOW.

Review report. Withhold payment.

Clean-up and restoration of staging areas.

As per Section 6 in

SOW.

Acceptance by Forest Service or private land owner.

Quality Assurance Inspections

(a) The Government will perform periodic review of the Contractor's Quality Control Procedures, Plan, Inspection Reports, and customer comments.

(b) Quality Assurance Inspections will be made by random sampling or entire inspection of the work, and follow up of customer comments. When validating customer comments, the possible cause of unacceptable performance will be determined. If any Government action or lack of action was the cause, the complaint is not valid and deficiencies shall not be counted against the Contractor.

(d) Work that does not meet the contract requirements will be brought to the Contractor's attention.

Repetitive or continuous failure to meet contract requirements may result in a quality adjustment to payment or the Contractor's right to proceed may be terminated.

Solicitation Provisions and Contract Clauses

Clauses incorporated by reference:

52.202-1 – Definitions (Jan 2012)

52.203-3 – Gratuities (Apr 1984)

52.203-11 -- Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions (Sep 2007)

52.203-12 -- Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

52.204-7 -- System for Award Management (Jul 2013)

52.212-1 -- Instructions to Offerors -- Commercial Items (Jul 2013)

52.212-4 -- Contract Terms and Conditions -- Commercial Items (Jul 2013)

52.223-6 -- Drug-Free Workplace (May 2001)

52.225-13 -- Restrictions on Certain Foreign Purchases (June 2008)

52.225-25 -- Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran—Representation and Certifications (Dec 2012)

52.229-3 -- Federal, State, and Local Taxes (Feb 2013)

52.232-17 – Interest (Oct 2010)

52.232-23 -- Assignment of Claims (Jan 1986)

52.233-1 – Disputes (July 2002)

52.233-3 -- Protest After Award (Aug 1996)

52.233-4 -- Applicable Law for Breach of Contract Claim (Oct 2004)

52.237-1 – Site Visit (APR 1984)

Full-text Clauses

52.209-5 -- Certification Regarding Responsibility Matters (Apr 2010)

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that --

AG-84N8-S-14-0003

(i) The Offeror and/or any of its Principals --

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

AG-84N8-S-14-0003

(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the

Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to

Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision.

The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting

Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

52.209-7 – Information Regarding Responsibility Matters (Jul 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative

Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract

Appeals…