Solicitation_Callecat.doc

ADDENDA SHEET

2015 FREDS MASTICATION

REFERENCE NO. OF DOCUMENT BEING CONTINUED

AG-9JGP-S-15-0095

PAGE

OF

7. FOR SOLICITATION INFORMATION CALL:

CONTRACTING OFFIER

TECHNICAL REPRESENTATIVE

a. NAME

Matthew Gagnon

b. TELEPHONE NUMBER(No collect calls) 530-478- 6286

8. OFFER DUE DATE/ LOCAL TIME

May 17, 2016 @ 2PM local

UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 1 FORMCHECKBOX

TOTAL SMALL BUSINESS FORMCHECKBOX

WOMEN-OWNED SMALL BUSINESS

FORMCHECKBOX

HUBZONE SMALL (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

BUSINESS SMALL BUSINESS PROGRAM NAICS:

FORMCHECKBOX

SERVICE DISABLED FORMCHECKBOX

EDWOSB

VETERAN- OWNED SIZE STANDARD:

SMALL BUSINESS FORMCHECKBOX

8(A)

USDA FOREST SERVICE

CENTRAL CALIFORNIA ACQUISITIONS

631 COYOTE STREET

NEVADA CITY 95959

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

FORMCHECKBOX

SEE SCHEDULE

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

14. METHOD OF SOLICITATION

RFQ FORMCHECKBOX

IFB

RFP

15. DELIVER TO CODE

See specifications.

16. ADMINISTERED BY CODE

See block 9.

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE N0.

FORMCHECKBOX

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

FORMCHECKBOX

SEE ADDENDUM

Eldorado National Forest See separate schedule sheet.

Contractor MUST be registered in the System for Award Management (SAM) http://www.sam.gov before award can be made.

Please provide the following information:

DUNS#_________________

(Use Reverse and/or Attach Additional Sheets as Necessary) Email offers are not authorized

25. ACCOUNTING AND APPROPRIATION DATA

See IAS requisition.

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

FORMCHECKBOX

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

FORMCHECKBOX

ARE NOT ATTACHED

FORMCHECKBOX

ARE NOT ATTACHED

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28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

FORMCHECKBOX

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

MATTHEW GAGNON

DATE:

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED

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INSPECTED

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECT FOR

|PARTIAL | |FINAL

FORMCHECKBOX

COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.2/2012) BACK

PART 1, SCHEDULE OF ITEMS

SECTION B

SUPPLIES OR SERVICES, AND PRICES/COSTS

2. Responses without prices for each item and sub-item may be rejected.

PRICE SUBMITTED BY:

Signature

Phone;

Vendor name

Fax:

Address

Email:

DUNS Number

Contact

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

Description of Work: The intent of this contract is to secure services for vegetation control treatment in and around young conifer plantations. The specified treatment will be the foliar application of herbicide mixtures from backpack sprayers to target vegetation using a shielded directed spray technique.

Contractor Responsibility: The Contractor shall provide everything--including, but not limited to, 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.

Before work may begin the Contractor shall designate, in writing, at least one person on site with authority to act in case of the Contractor’s absence from the work site. The Contractor shall list the extent of authority this representative will have on the job. The Contractor or authorized representative shall be on the project area whenever work is in progress and shall act as a non-working supervisor. In the absence of the Contractor, this authorized representative shall receive orders and instructions from the Contracting Officer and shall take such action as is required to keep the job in progress under the terms of the contract. The Contractor and authorized representative(s) shall have an oral command of both the English language and the language common to the crew(s).

C.2 Project Location & Description Location: The project is located on the Amador Ranger District of the Eldorado National Forest. The location of the work sites and other information pertinent to each treatment unit is contained in the Contract Maps and Supplemental Specifications.

The Amador Ranger District office is located at 26820 Silver Drive, Pioneer, CA 95666, approximately 18 miles (29km) east of Jackson, CA on State Highway 88. All work sites in Item 4 are within approximately 1 hour travel time from the district office.

Description: Boundaries of treatment units will be verbally designated by the Contracting Officer’s personnel on site at the time of treatment. Boundaries will generally be identifiable features on the ground, such as roads, ridges, drainages, or the residual tree line. Boundaries may also be indicated with flagging.

Item 1, 3% Glyphosate: Work will be performed in 28 stands, for a total of 166 acres. These stands are comprised of plantations created between 1977 and 1990. They have received no vegetation control treatments for a minimum of 10 years. Woody brush is generally large and dense. Some stands have recent pre-commercial thinning slash. Stands are located throughout the Middle Fork Cosumnes Watershed and are generally between 4,500 to 6,500 feet in elevation. Primary woody brush species are whitethorn, green leaf manzanita, deerbrush and bitter cherry. All target vegetation within the treatment areas will be sprayed. Crop trees are generally large enough that tree protection is not expected to be necessary.

Item 2, 5% Glyphosate: Work will be performed in 15 stands, for a total of 129 acres. These stands are comprised of plantations created between 1977 and 1995. They were all treated in 2015 by mastication of trees and brush. Stands are located throughout the Middle Fork Cosumnes watershed and are generally between 4,500 to 6,500 feet in elevation. Primary woody brush species are whitethorn, green leaf manzanita, deerbrush and bitter cherry. Vegetation to be treated will generally be small resprouts from masticated stumps. However, individuals and relatively small areas of unmasticated vegetation may exist within the treatment area. All target vegetation within the treatment areas will be sprayed. Crop trees are generally large enough that tree protection is not expected to be necessary. This Item is dependent on the anticipated regrowth of target vegetation since mastication. The Contracting Officer may delay treatment until sufficient regrowth has developed.

Exclusions (non-work areas): All standing and/or running water shall have a no-treatment buffer. Additional areas to be left untreated will be designated by the Contracting Officer’s personnel on site at the time of treatment. Contractor personnel are prohibited from entering exclusion areas. Boundaries of these areas may also be indicated with flagging. See Supplemental Specifications for more detailed spray buffer information.

Accessibility: All work areas are accessible by standard pickup. Four-wheel drive vehicles may be beneficial in improving the access points of any given treatment unit. It is the Contractor's responsibility to reach the work site when it is ready for treatment. The Contracting Officer will determine the access routes which may be used.

Any prospective contractor desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing from the Contracting Officer soon enough to allow a reply to reach all prospective contractors before the solicitation closing date. Oral explanations or instructions given before the award of a contract will not be binding.

In no event shall failure to inspect the site constitute grounds for a claim after contract award. (See Section L, FAR 52.237-1, Site Visit.)

C.3 Maps Maps showing the general vicinity and/or specific work areas are included in Section J. Maps are general in nature and are not to be considered as definitively identifying locations.

C.4 Estimated Start Date & Contract Time (See Section F).

Start: June 1, 2016

Time: 21 calendar days total Work which cannot be accomplished within the Items 1 & 2 performance period due to restrictions on work shall be re-attempted in the alternate performance period shown in Section F.

C.5 Restrictions on Work

Work may be performed at any time during the period of the contract, except as outlined here. Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14). Restrictions are as follows:

1. In accordance with the fire plan, if included in Section J.

2. When the Contracting Officer determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

3. Work shall be performed only when the Contracting Officer or their Representative is present on the work site.

4. Work shall not be performed before 6:00 a.m. or after 6:00 p.m.

5. Work shall not be performed on Sundays or Federal Holidays.

6. Work shall be performed only when the Contracting Officer determines that target vegetation is in an appropriate stage of growth for the herbicide application to be effective.

7. Number of crews and size of each crew will be stipulated by the Contracting Officer. It is anticipated that this contract will require a minimum of one ten person crew, plus one foreman and one licensed applicator.

8. Once contract work has begun, replacement of personnel will be subject to approval of the Contracting Officer.

9. The Contracting Officer will determine the sequence in which each stand will be treated. Each stand shall be completed prior to starting work on the next stand.

10. Specific stands or portions thereof may have a limited operating period (LOP) during which work may not be performed. See Supplemental Specifications for more details. These restrictions may be lifted by the Contracting Officer based on field review at the time of treatment.

11. Work which cannot be accomplished within the Items 1 & 2 performance period due to restrictions on work shall be re-attempted in the alternate performance period shown in Section F.

C.6 Licenses and Insurance Before work may begin on this project, the Contractor shall provide the documentation required in this section (C.6). Failure to provide the information will not change the date for starting work, and contract time may begin before the contractor is actually permitted to work. Once contract time begins, the contractor shall provide the documentation within 10 calendar days or 20 percent of the contract time (whichever is less) or the contract may be terminated for default in accordance with the clause governing default (termination for cause).

The contractor shall obtain the insurance and licenses listed here (see also Section L, Notices to Offerors and Respondents).

MSPA Card (Form WH510): This contract [X] does [ ] does not require the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy.

Worker's Compensation Insurance: The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry the insurance.

Other: See C.8-2 Specifications, Licensing and Safety Requirements.

C.7 Camping and Housing

Camping is not permitted in US Forest Service campgrounds. Contractor [ ] will [X] will not be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit. (See also Section H, Camping Permit Compliance)

C.8 Technical Requirements

C.8-1 Definitions

Clean Water: Water having low turbidity (less than 5.0 NTU), low to moderate hardness (less than 150 ppm CaCO3), and an acid pH (less than 7.0). It must be visibly clear and free of all foreign material, soil particles, and organic matter – including but not limited to silt, sand, sediment, algae, and vegetative debris.

Crop Tree: The healthiest, most vigorous, well-formed conifer seedling meeting the spacing and species mix guidelines that were used to plant the stand.

Herbicide: The concentrate before mixing occurs.

Herbicide mixture: The herbicide, water, surfactant, and dye (if used).

Target vegetation: All vegetation except crop trees and excluded vegetation.

Triple Rinse: Filling the empty container at least 1/10 full of clean water, replacing the container lid, shaking vigorously for at least 15 seconds, and immediately pouring contents from the container into the batch tank, and repeating this for a total of three times.

C.8-2 Specifications

Work Methods:

The Contractor shall apply the herbicide mixture to all target vegetation in each stand. The application shall be uniform. All surfaces of the target vegetation shall be covered, including the interior of dense brush species. See Section J, Exhibit A for examples of acceptable and unacceptable application coverage.

The conifer seedlings in all units shall be protected from herbicide mixture in the following manner:

Seedlings up 2 feet in height shall be shielded to protect the entire plant from herbicide spray (i.e., cones, shields, etc.). Protective equipment shall not damage seedlings. Seedlings taller than 2 feet will be protected by directed spray application. Where there are multiple trees planted per spot, all trees on that spot shall be protected while the adjacent area is being sprayed.

Other excluded vegetation shall be avoided by directed spray application. See Supplemental Specifications for a list of excluded vegetation.

The Contractor shall keep equipment in good operating condition maintaining flow rate and nozzle pressure. Application of herbicide mixture will be made with a nozzle pressure of 15 psi. The spray tip will be kept from 12 to 24 inches from the target vegetation during application.

For every 5 (or less) applicators there shall be one worker equipped with a clean Government supplied backpack sprayer full of clean water. Conifers contaminated with any amount of herbicide mix shall be washed down within 1 minute of exposure. Wash down shall remove all traces of herbicide mix.

Application of herbicide mix must be discontinued if the following critical weather parameters exist:

1. Precipitation or a 70% or greater chance predicted within 24 hours.

2. Target vegetation is wet with precipitation, dew, or other moisture.

3. Wind speed and/or air temperature that exceed herbicide label or other requirements.

4. Temperature cold enough to freeze the herbicide mix in the nozzles.

Spraying shall be discontinued when wind speeds are in excess of 5 mph, or as otherwise specified on the product label, whichever limit is lower. Spraying shall also be discontinued whenever any amount of wind causes drift exposure to workers, crop trees, or exclusion areas. The Contractor shall be responsible for monitoring weather conditions. In case of discrepancy between government’s monitoring of weather conditions and that of the contractor, the government’s measurement will prevail.

The Contractor shall be responsible for washing and cleaning out all equipment at the end of each work day. The exact location for cleanup will be selected by the Contracting Officer.

The Contractor shall use soft material such as bristle to clean the nozzles. Wire shall not be used.

Under no circumstances shall sprayers, containers, clothing, personnel or other contaminated materials be washed in any stream, lake, reservoir, or other surface water.

The Contracting Officer shall determine the sequence in which each stand will be treated. Each stand shall be completed prior to moving on to the next stand. The contractor will flag a line delineating the sprayed portion of any partially completed stand at the end of each day.

The Contractor shall keep his crew organized so that units are covered systematically without skipped areas. The Contractor shall not scatter his crew over different parts of the stand.

The Contractor shall be responsible for training his employees in the proper techniques to be used during application of herbicides and safety procedures to be followed when handling herbicides.

Batching of Herbicide Mix:

Contractor shall do all batching of herbicide mix and conform to label instructions and safety requirements. See Supplemental Specifications for the herbicide mix for each stand.

A graduated container of at least one-half gallon in size shall be used to measure chemicals and surfactants during the batching operation.

All batching of herbicide mix will be done in the presence of the Contracting Officer or their representative at the work site. The batching location will be designated by the Contracting Officer. When drafting water into the clean water tank, the batch tank and any containers of herbicide concentrate will remain at the approved batching location. The Contractor shall use only water sources approved by the Contracting Officer.

Batching sequence is as follows:

1. One half of the water for the mix shall be put in the batch tank.

2. The herbicide(s) and colorants, if used, shall be put in the batch tank next.

3. Begin agitation.

4. Add the remaining water in the batch tank while continuing agitation.

5. The last ingredient to be added to the tank will be the surfactant, if used.

The herbicide mix shall be under constant agitation in the batch tank to prevent separation. All mix shall be sprayed out. The mix shall not sit overnight in the batch tank or other equipment unless permitted by the Contracting Officer.

Storing and Transporting Herbicides:

All unattended herbicide concentrate shall be stored under lock and key in its original container.

The Contractor shall work with the Contracting Officer to insure a minimal amount of herbicide mix is moved between units.

Disposal of Containers:

The Contractor shall dispose of the containers in the following manner:

1. All containers shall be triple rinsed, with clean water, on the work site. The rinse water shall be disposed of by placing it in the batch tank.

2. Used containers, except those that are returnable, shall be punctured on the top and bottom to render them unusable.

3. A log of the containers and how they were rinsed and where they were disposed of shall be made available to the Contracting Officer.

4. Certification of disposal at an approved dump or a receipt from the point of redemption on returnable containers is required.

Herbicide Spills:

If a spill occurs, the contractor shall:

1. Take action immediately to contain the spill.

2. Notify the Contracting Officers' Representative on site.

3. Be under the control of the Contracting Officer during the spill clean up.

4. Be liable for all costs of damages, clean-up, and decontamination.

Licensing and Safety Requirements:

The Contractor shall have a current State of California Agriculture Pest Control Operator License including Category "E" (Forest), and Pest Control Business License, prior to the award of contract. The Contractor shall register this State License with the appropriate County Agriculture Commissioner(s) prior to beginning work. The Contractor shall be required to provide the following:

1. Required permits.

2. Complete and file all reports, with a copy to the Contracting Officer.

3. Complete any other incidental requirements.

The Contractor's authorized representative(s) on site must, at a minimum, be a State of California Certified Pesticide Applicator.

The Contractor shall comply with the State of California Safety Orders found under the California Administrative Code and with the requirements of the Federal Worker Protection Standards (40 CFR, part 170). For further information regarding licensing requirements contact the California Department of Pesticide Regulation at (916) 445-4038, or online at www.cdpr.ca.gov.

C.8-3 Contractor-Furnished Equipment

Required Materials:

The contractor shall provide the following herbicides, adjuvants, and dye:

1. A 53.8% glyphosate herbicide formulation without an integrated surfactant. E.g. Accord Concentrate (EPA Reg. No. 62719-324), Foresters’ Non Selective (EPA Reg. No. 228-381), Roundup Custom (EPA Reg. No. 524-343), or equivalent.

2. Hasten (CA Reg. No 2935-50160) or equivalent modified vegetable oil surfactant.

3. Colorfast brand or equivalent purple dye.

All herbicides and adjuvants shall be provided in factory sealed containers no larger than 2.5 gallons each. Equivalent herbicides, adjuvants, and dye may be substituted only as approved by the Contracting Officer. Contractor shall provide clean water for the wash down packs.

Required Equipment:

Backpack sprayers – shall have an adjustable pressure regulator or a pressure gauge mounted on the spray wand. All sprayers shall be equipped with a "TeeJet" XR80-04VS spray tip or equivalent, with a 50 mesh screen. Plastic, brass, or aluminum spray tip nozzles shall not be used.

Batch tank – shall be a mixing tank equipped with a constant agitator, a sight level in good condition to measure tank volume, and a leveling gauge which will be adequate for leveling the tank in all directions. The filler hose from the batch tank shall be equipped with a self-closing nozzle. The batch tank shall be in good condition, meeting all state requirements. The batch tank shall be mounted such that it can be moved and operated separately from the clean water tank; for example, mounted on a separate vehicle from the clean water tank, or mounted on a trailer.

Clean water tank – shall be a tank exclusively for clean water, having a back flow prevention device or proper air gap filling apparatus. The water tank and all drafting equipment must be free of pesticide and dye residue. Pesticides and dyes shall not be stored or transported in the same vehicle used to transport the clean water tank.

Locked storage area for herbicide and containers.

Spill kit containing a minimum of 25 pounds of absorbent material such as kitty litter, two 30 gallon, 4 mil polyethylene garbage bags with ties, and 2 shovels.

Trailer hitches used to tow equipment and trailers shall be securely mounted directly to the vehicle frame. Bumper hitches shall not be used unless specifically designed and rated for towing heavy loads.

Contractor shall provide all other supplies and incidentals necessary to accomplish the required contract work while complying with herbicide label directions, pesticide application license requirements, and worker safety protection standards.

Calibration and Equipment Check:

Prior to and during work the Contracting Officer reserves the right to inspect, test, and approve equipment. For example, the Contracting Officer will check for cracked hoses, worn seals, and leaks.

Prior to and during work the Contracting Officer reserves the right to test and inspect the herbicide concentrate and mixture.

Prior to and during work the Contractor shall be required to calibrate his equipment in the presence of the Contracting Officer.

C.8-4 Government-Furnished Property (See Section G) C.8-5 Public Safety The Contractor shall be required to carry out all operations in a manner which ensures the safety of the Public.

C.8-6 Salvage Rights There are no salvage rights under this contract.

C.8-7 Road Maintenance

The Contractor may be required to repair damage to any roads are which are used without the consent of the Contracting Officer.

C.9 Supplemental Specifications

Herbicide Mix Specifications:

Where the herbicide mix specification is “3% Glyphosate” (Item 1), the mix shall contain 3% glyphosate herbicide (53.8% formulation), 1% “Hasten” adjuvant, and 0.25% “Colorfast” purple dye. 100 gallons of herbicide mixture would thus be as follows:

95.75 gal clean water

3.00 gal glyphosate herbicide

1.00 gal “Hasten” adjuvant

0.25 gal “Colorfast” purple dye

Where the herbicide mix specification is “5% Glyphosate” (Item 2), the mix shall contain 5% glyphosate herbicide (53.8% formulation), 2.5% “Hasten” adjuvant, and 0.25% “Colorfast” purple dye. 100 gallons of herbicide mixture would thus be as follows:

92.25 gal clean water

5.00 gal glyphosate herbicide

2.50 gal “Hasten” adjuvant

0.25 gal “Colorfast” purple dye

Spray Buffers (Exclusion Areas):

Buffers will be designated by the Contracting Officer’s personnel at time of treatment. In the event the contractor encounters undesignated water features, the contractor shall notify the Contracting Officer’s personnel immediately, and proceed to implement the standard buffer width shown below. In general, buffers will be as follows (distances shown are in feet from the high water mark on each side of the channel/feature):

Perennial streams = 50’ unless flagged or directed otherwise

Any other standing and/or running water = 25’ unless flagged or directed otherwise

Dry (ephemeral) stream channels = 5’ unless flagged or directed otherwise.

Other resource protection areas = pink & green flagging and/or pink & black flagging

Excluded Vegetation:

Black oak (Quercus kelloggii)

Live oak (Quercus wislizenii)

Elderberry (Sambucus spp.)

Willow (Salix spp.)

C.9.1 Supplemental Specifications Data Table

SECTION E--INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

E.1 Sampling

Plots. At least one percent of each treatment area will be sampled by a random series of plots distributed over the entire area. Plot size will be 1/50 acre.

E.2 Specific Inspection Procedures

The Contracting Officer will make visual inspections while work is in progress for compliance with the terms of the contract.

Additionally, the Contracting Officer may make a systematic inspection using 1/50th acre (16.7 foot radius circle on a horizontal plane) plots to calculate an inspection quality based on application coverage and crop tree damage. Plots will be selected randomly and will not overlap. Sufficient plots will be taken to achieve a 1% sample of the treatment area (i.e. 1 plot for every 2 acres). Results will be recorded on inspection forms.

The quality of application coverage will be determined by observing the indicator dye or colorant on the target vegetation surfaces. To determine this, the inspection plots will be divided into four (4) quadrants on cardinal directions (North, South, East and West). Each quadrant will be examined for coverage. If more than 90% of the target vegetation surfaces within the quadrant have been treated to specifications, it will be considered acceptable. See also Section J, Exhibit A, Application Coverage.

To determine the percent satisfactory coverage, the number of acceptable quadrants will be divided by the total number of quadrants examined, then multiplied by 100 to give a percentage. For example, out of a total of 30 plots examined (120 quadrants), 112 quadrants received acceptable coverage:

112 / 120 x 100 = 93%

Tree damage will be determined by inspecting each crop tree on the inspection plot. Crop trees will have unacceptable levels of damage if the following occurs:

1. Herbicide mixture or damage on more than 25% of the green crown.

2. Evidence of any amount of herbicide or damage on the terminal leader.

3. Any mechanical damage to the bole, limbs, or terminal leader of the tree.

Tree damage will be determined by dividing the number of damaged trees by the total number of trees in all inspection plots. Percent of damaged trees in excess of 5% will be deducted from the inspection quality.

To calculate inspection quality, inspection plots will be grouped by stand, and then stands will be grouped in order of treatment until the total number of plots equals or exceeds 30. An inspection quality percentage will then be calculated for each such group. Results will be rounded to the nearest whole percent.

EXAMPLE INSPECTION QUALITY CALCULATION: Inspection of two stands yields 25 and 15 plots respectively, which are then grouped to exceed 30 plots. In the total of 40 plots, 152 of 160 quadrants are acceptable, and 12 of 200 crop trees are damaged. The overall inspection quality would be calculated as follows:

Application coverage = 152 / 160 X 100 = 95%

Crop tree damage = 12 / 200 X 100 = 6% - 5% = 1% deduction

Inspection quality = 95% - 1% = 94%

Inspection results will be available to the contractor upon request.

E.3 Acceptance

The following clauses which affect acceptance are incorporated by reference in Section I:

Responsibility for Supplies, Clause 52.246-16

Use and possession, Clause 52.236-11

Work will be deemed acceptable when the government’s visual inspections show acceptable performance and sample plot data indicate a work quality of 90% or higher.

See Section G regarding method of payment.

E.4 Government Inspections

Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.

The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request.

Compliance Inspections. Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government.

Final Inspections. Final (formal) inspections for payment will be made on completed sub-items only. Contractor shall request final inspections in writing and give the Forest Service at least two working days advanced notice. Inspections will be completed within four working days after the notice is received If the work is not ready for inspection at the time specified by the Contractor, the cost associated with the inspection attempt may be charged to the Contractor.

Disputed Inspection.

The Contractor may request reinspection without rework if the results are unacceptable. Reinspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Reinspection will be accomplished within five working days after receipt of the contractor's written request.

The same sampling and inspection procedures will be used, but new samples will be taken. The inspection pattern will be shifted so that new samples will not overlap previously inspected samples. Results will be rounded to the nearest whole percent.

If reinspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If reinspection results are greater than five percentage points above or below the first inspection, the reinspection results will be used.

If the reinspection results are within five percentage points of the first inspection, the Contractor shall pay the actual costs of the reinspection.

Reinspection after Rework. Where rework after a failed inspection may improve the inspection results, the Contractor may rework the area and request (in writing) a second inspection. The Government will charge to the Contractor the cost of this additional inspection. Reinspection will be accomplished within five working days after the notice is received. The results of the second inspection will be final, and no further rework will be permitted. Areas not ready for reinspection at the time specified by the Contractor will not be reinspected, and the results of the first inspection will be final.

SECTION F--DELIVERIES OR PERFORMANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

Work Timing

The Contractor shall begin work within 3 calendar days after the effective date of the Notice to Proceed and shall prosecute the work at a rate that will result in completion of all work within the following time frame:

Item No.

Estimated Start Work Date

Contract Time (Calendar Days)

June 1, 2016

15 calendar days

June 16, 2016

6 calendar days Alternate Performance Period: September 15 – October 15 **Work which cannot be accomplished within the Items 1 & 2 performance period due to restrictions on work shall be re-attempted in the alternate performance period.

Failure to begin work on schedule will make the contract subject to immediate termination for default.

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time. The Government reserves the right to set the priority of items or subitems. Contractor shall complete all work on one subitem before proceeding to another.

If this solicitation has more than one numbered item, award of more than one item to one contractor will not change the start work dates or the amount of contract time; times will run concurrently.

Winter Shutdown

When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time.

SECTION G--CONTRACT ADMINISTRATION DATA

Pre-work Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held to discuss the contract--especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer.

Notice to Proceed.

No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed.

Measurement

Methods of Measurement.

Acreage was measured on a horizontal plane using a Global Positioning System.

Remeasurement. Unless otherwise indicated by this contract, the contractor may request remeasurement of any quantities in Part B, when the units are acres or any linear measurement. The request must be made in writing and must be made within 10 calendar days of completing work on the unit in question. If remeasurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of remeasurement and no adjustment will be made in the quantity as stated in Part B. If remeasurement indicates a variance more than five percent from the stated quantity, payment will be based on the remeasured quantity, and the Contractor will not be liable for the costs of remeasurement. All remeasurements will be done by the Government. Remeasurement of acreage will be done with two people using a hand compass and ground measurement or by means of a Global Positioning System. This clause is not applicable to quantities listed as estimated quantities.

Payment Payments and Deductions. Payment will be made for fully acceptable work at the prices bid in the schedule of items. In the event of extended non-work periods because of adverse weather, the Contracting Officer may authorize progress payments for partially completed sub-items on a case-by- case basis. In accordance with the inspection clause, payment may be made for less than fully acceptable work at a reduced price. Other exceptions are noted below:

A. Payment will be made in full if inspection results are 90 percent or higher. If inspection results are below 90 percent, a deduction will be made equal to 2 percent for every 1 percent below 90. For example, if inspection results are 87 percent, the bid price would be reduced by 6 percent. No payment will be made if results are less than 80 percent.

B. Liquidated damages will be charged as follows: Trees determined to be “damaged” will be charged for at the rate of $ 1.00 per tree. Such charges will be deducted from earnings. The number of trees to be charged for will be calculated as follows: Total number of damaged trees from the inspection record, multiplied by the reciprocal of the plot size, times the number of acres in the pay item, divided by the total number of plots taken, plus trees determined to be damaged under care of trees specifications. Contract Release. The following supplements the Payments clause in Section I:

Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

RETAINAGE (applicable to service contracts where work accomplishments are measured in units other than time) The following supplements Clause 52.232-1, Payments: The Contracting Officer may retain up to 10 percent of the invoiced amount if the contractor is behind schedule at the time the invoice is presented. “Behind schedule” means that the percentage of work completed is less than the percentage of time used

Invoices.

All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). 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. There is no pre-award registration.

After award of a contract, please make sure that your company registers promptly at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. The one-time enrollment in IPP means a series of emails will be sent to the point of contact (POC) established in your System for Award Management (SAM) account at www.sam.gov. So, please verify that the POC’s email address is up to date in your company’s SAM account prior to starting the IPP enrollment process. If you have questions on the IPP enrollment process, the help desk phone number is 1-866-973-3131.

Invoices shall be accompanied by the signed contractor certification, using the exact wording in the clauses, FAR 52.232-5, and be up-to-date on certified payrolls for the invoiced timeframe, FAR 52.222-8. (See next page for invoice certification language.) Invoices that do not meet these requirements will be rejected.

The Contractor shall submit payrolls weekly for each week in which any contract work is performed. The copies shall be sent to the COR. Payrolls submitted shall set out accurately and completely all of the information listed on the form WH-347 (available for download at www.dol.gov), including the certification verbatim from the WH-347. Forms from other State or County governments are not compliant.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Clean backpack sprayers for wash down of accidently sprayed conifer seedlings.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

Loss, Damage or Destruction Equipment Furnished with Operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

Other. Even though this contract may provide for performing services at the direction of Government personnel, the contract is not for personal services, and neither the Contractor nor his or her personnel are Government employees. The Government assumes no liability for injury occurring to Contractor personnel or to third parties, or for loss, damage, or destruction involving third parties' property as a result of the Contractor's operation. Except that the Government is liable for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment.

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

(b) Crew Superintendent(s)/Foreman(s)

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

Emergencies (See Section J) Fire Plan Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the following define the limits of a contractor's area of responsibility for fire under the terms of the Fire Plan (Section J):

Silviculture Projects - 70 meters around the perimeter of the unit being worked in

Wages

See Section J, Wage Determination

Employment of Eligible Workers

a) Labor standards for contracts involving H-2B workers or migrant and seasonal agricultural workers

1. General

This contract is subject to the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 United States Code (U.S.C) 1801-1872, and to the U.S. Department of Labor (DOL) regulations implementing MSPA 29 Code of Federal Regulations (CFR) Part 500. MSPA eliminates activities detrimental to migrant and seasonal agricultural workers, requires registration of Farm Labor Contractors, and ensures necessary protection for the workers. Information regarding MSPA can be found at http://www.dol.gov/whd/mspa/index.htm.

If workers are hired under the H-2B program, (8 CFR Section 274A provisions of the Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S. to perform temporary labor or services) a Temporary Employment Certification issued by the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration is required. For further information on the requirements of the H-2B program, visit OFLC’s website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour’s website at http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm.

Compliance with MSPA and the INA is a material condition of this contract. If the contractor employs any unauthorized worker(s) during the performance of this contract that violates section 274A of the INA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

2. Definitions

a) H-2B worker: as used in this part means a nonimmigrant holding a visa authorizing the individual to legally work in the US to perform temporary labor or services. A worker with an H-2B visa (“H-2B worker”) may also be considered a migrant agricultural worker under MSPA depending on the type and nature of work performed.

b) Migrant Agricultural Worker and Seasonal Agricultural Worker: as used in this part means individuals employed for agricultural (including forestry) work on a seasonal or temporary basis. i. A worker, moving 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.

ii. An overnight absence from the migrant workers permanent place of residence is required.

iii. Members of the contractor's immediate family are not considered migrant or seasonal workers. Immediate family includes:

• Spouse

• Children, stepchildren, or foster children

• Parents, stepparents, or foster parents, or

• Brothers and sisters

c) Farm Labor Contractor (FLC). As used in this part means a person including an individual, partnership, association, joint stock company or a corporation, 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.

3. Registration Requirements

a) Any contractor providing or hiring H-2B nonimmigrants for work under this contract shall provide a copy of their Temporary Employment Certificate. General information about the H-2B program can be found on Fact Sheet # 78 at http://www.dol.gov/whd/regs/compliance/whdfs78.htm. Contractors can apply for the certificate through the US DOL Employment & Training Administration‘s on line iCERT Visa Portal System at https://icert.doleta.gov/ or by paper application.

b) Any contractor who meets the definition in (2.iii.) above providing or hiring migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Federal DOL Farm Labor Contractor Certificate of…