2017_King_Herb_Release_Sol_.docx

2017 King Fire Herbecide Release & Site Prep

AG-9JGP-S-17-0052

AG-9JGP-S-17-0052

6. SOLICITATION ISSUE DATE

03/20/2017

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Olaine Martinez Email: tracymartinez@fs.fed.us

b. TELEPHONE NUMBER 530-478-6823 Office 530-478-6126 Fax

8. OFFER DUE DATE/

04/14/2017

4:00 PM PST

USDA FOREST SERVICE

CCASA

931 COYOTE ST

NEVADA CITY, CA 95959

FAX 530-478-6126

|_| UNRESTRICTED OR |X| SET ASIDE: 100% FOR

|X| SMALL BUSINESS

NAICS: 115310 |_| EMERGING SMALL BUSINESS

|_| HUBZONE SMALL BUSINESS

SIZE STANDARD |_| SERVICE-DISABLED VETERAN-

$7.5 million |_| 8(A) OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

12. DISCOUNT TERMS

14. METHOD OF SOLICITATION

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

15. DELIVER TO

16. ADMINISTERED BY CODE

SEE BLOCK 9

17a. CONTRACTOR/ OFFEROR

NAME:

18a. PAYMENT WILL BE MADE BY:

ALL INVOICES MUST BE SUBMITTED VIA THE INVOICE PROCESSING PLATFORM AT WWW.IPP.GOV.

PAYMENT WILL BE MADE BY EFT (ELECTRONIC FUNDS TRANSFER).

ADDRESS:

PHONE:

DUNS #:

EMAIL:

|_| SEE ADDENDUM

PROJECT NAME: 2017 King Fire Herbicide Release and Site Prep

SEE SCHEDULE

|X|

ARE

ARE NOT ATTACHED

ARE

ARE NOT ATTACHED

PART II CONTRACT TERMS AND CONDITIONS

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):

FAR: www.acquisition.gov/far AGAR: www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATIONS (FAR)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.209-9 Updates of Publicly Available Info Regarding Responsibility Matters (Jul 2013) 52.211-11 Liquidated Damages-Supplies, Services, or Research and Development (Sept 2000) 52.212-1

52.323-1 Payments (APR 1994)

AGRICULTURE ACQUISITION REGULATIONS (AGAR)

FAR 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

FAR 52.217-9 Option to extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

08250 General Forestry Laborer

$11.48 Plus 36.25% fringe benefits

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (JAN 2017)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

_X_ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

_X_ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

__ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.] __ (1) 52.222-17, Non-displacement of Qualified Workers (May 2014)(E.O. 13495).

_X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

_x_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Non-displacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause) Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, predesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the re-designated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause.”

Alternate II (Jan 2017). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(D) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(E) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(F) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(G) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(H) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(I) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(J) _x__(1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

___(2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(K) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

(L) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

(M) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).

(N) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(O) 52.222-59 Compliance with Labor Laws (Executive Order 13673) (OCT 2016).

Note to paragraph (e)(1)(ii)(O): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(P) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

(Q) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(R)(1)52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(2)Alternate I (JAN 2017) of 52.224-3.

(S) 52.225-26, Contractors Performing Private Security Functions outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note)

(T) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(U) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

PART III CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

LIST OF ATTACHED DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The attachments listed below form a part of this Request for Quotations and any resultant contract:

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF CONTRACT

1 Description of Work: The intent of this contract is to secure services for vegetation control treatment in and around young mixed conifer plantations or future plantations. The specific treatments will be as follows:

a. Item #1: A 8’ radius foliar application of a herbicide mixture from backpack sprayers to target vegetation to release crop trees in one year old mixed conifer plantations using a shielded directed spray technique on 2 stands totaling 24 acres.

b. Item #2: A foliar application of a herbicide mixture from backpack sprayers to target vegetation to release crop trees in first year mixed conifer plantations using a shielded directed spray technique on 13 stands totaling 261 acres.

c. Item #3: Optional (If areas are ready & funds are available) A foliar application of a herbicide mixture from backpack sprayers to target vegetation to release crop trees in one year old mixed conifer plantations using a shielded directed spray technique on 16 stands totaling 926 acres.

d. Item #4: Optional (If areas are ready & funds are available) A foliar application of a herbicide mixtures from backpack sprayers to target vegetation to prepare sites for planting while using a shielded directed spray technique on 18 stands totaling 466 acres.

e. Item #5: Optional (If areas are ready & funds are available) A eight foot radius vegetation release around conifer crop trees on 11 stands totaling 54 acres with hand tools. Crop trees are one year old mixed conifers. All target vegetation within the 8’ radius of all crop trees shall be cut and or grubbed to bare mineral soil. Vegetation is three years old since the King Fire, with target vegetation at 1 to 4 feet in height with a ground cover of 60-80%.

f. Item #6: Optional (If areas are ready & funds are available) A foliar application of a herbicide mixtures from backpack sprayers to target vegetation to prepare sites for planting using a shielded directed spray technique on 23 stands totaling 538 acres.

2 Contractor Responsibility: The Contractor shall provide everything--including, but not limited to, clean fresh water for batching and cleaning, 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.

Contractor Designee: 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).

3 Project Location & Description

3-1 Location: The project is located on the Eldorado National Forest, Georgetown and Pacific Ranger Districts in both Placer and Eldorado Counties. Specific maps of the treatment areas are included in the Contract Maps sets and Supplemental Specifications.

3-2 Description: Boundaries of treatment units will be flagged with orange and white striped flagging and/or verbally designated by 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 residual tree line.

3-3 Accessibility: Travel routes may be affected by rock slides, down timber and other unforeseen circumstances, therefore alternate travel routes are provided.

a. Route 1 will access mandatory Item #1 and #2, (2CHAIX west side)

b. Route 1, 2 and 3 will access a portion of optional Item #3 (2CHAIX west and east), and routes 4 and 5 will access the remaining portion of Item #3 (Caesar)

c. Route 4 and 5 will access optional Item #4 (Caesar, Pompeii)

d. Route 1, 2, and 3 will access a portion of Item #5 (2Chaix west and east) and route 4 and 5 will access the remaining portion of Item #5 (Caesar)

e. Route 6 will access Item #6, (Quidazoic)

f. Route #5 at 14N08 will have a Limited Operating Period in affect with a road closure between 7 a.m. until 8 p.m. with the exception of a 1 hour opening for traffic from 12 noon to 1 p.m. and from 4p.m. to 5 p.m. This LOP is in affect 7 days per week. (CAESAR)

g. All work areas are accessible by standard pickup, some short walking/hiking of less than 500’ into units may be needed if road conditions will not allow direct access by vehicle.

h. 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.

3-4 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.

3-5 Estimated Start Date & Contract Time Start: May 1st, 2017 Time: 12 days for mandatory Items #1 and #2. For Optional Items, additional days will be added at the rate of 1 day per 30 acres of optional work authorized.

See also Section F

3-6 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 (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

3. When the Contracting Officer (or designated representative) determines the herbicide label requirements cannot be met due to adverse weather.

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

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

6. No work on Sundays and Holidays

3-7 Licenses and Insurance

Before work may begin on this project, the Contractor shall provide the documentation required in the 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% 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.

3-8 Camping and Housing

Camping is not permitted in US Forest Service campgrounds. Contractor 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.

3-9 Technical Requirements .

a. Definition

Herbicide: The concentrate before mixing occurs. 53.8% Glyphosate active ingredient.

Herbicide mixture: The combination of herbicide, water, surfactant, and dye.

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.

b. Specifications

1. Herbicide Release:

(a) The Contractor shall evenly 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.

(b) Conifer trees, Oak trees, Elderberry bush, California nutmeg, Pacific Yew, and Red Hill Soap Root plants in all units shall be protected from herbicide mixture by directed spray application. Additionally Conifer trees including natural regeneration shall be protected during the application of the herbicide mixture using a protective shield or cone (no less than 6” and no greater than 8” in diameter at the base) by placing it over the trees to prevent the mixture from coming into contact with the conifer trees. Any and all conifer trees that are contaminated with the herbicide mixture shall be immediately rinsed with fresh water. The contractor shall supply at least one person/employee per 8 applicators to carry a clean backpack sprayer filled with fresh water to immediately rinse contaminated trees. Other excluded vegetation species shall also be protected by directed spray application. (See supplemental Specifications for a complete list of excluded vegetation).

2. Hand Release:

(a) - All vegetation except crop trees, must be completely severed within an eight (8) foot (2.44 meter) radius from any crop tree within the designated stands.

(b) - Care is to be taken by the Contractor to avoid any damage to crop trees.

(c) - Cut vegetation or slash may be left within the released radius from any crop tree as long as all specified vegetation is severed at or below ground level. Any slash leaning against, suspended by, or overtopping the trees being released shall be pulled back away from the tree.

(c) - Vegetation originating from outside and encroaching into the release radius shall be completely severed where it enters the cylinder, the size of which is determined by the prescribed release radius. This cylinder shall extend from the ground upwards and be free of all target vegetation.

(d) In the event that planted trees are not present, natural stocking that meets crop tree specification will be released at the planted spacing.

(e) 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 shall be kept 12 to 24 inches from target vegetation during application.

(f) Application of herbicide mixture must be discontinued if the following critical weather parameters exist:

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

(2) Wind speed and/or air temperature exceed the herbicide label requirements or 5 mph.

(3) Temperature cold enough to freeze the herbicide mix in the nozzles.

(g) If not otherwise specified on the herbicide label, spraying shall be discontinued when wind speeds are continuous and in excess of 5 mph. The Contractor shall be responsible for monitoring weather conditions.

(h) The Contractor is responsible for washing and cleaning out all equipment at the end of each work day. The exact location for cleanup will be designated by the Contracting Officer or their Representative.

(i) The Contractor shall use soft material brushes to clean the nozzles. Wire shall not be used.

(j) Under no circumstances shall sprayers, containers, clothing, personal or other contaminated materials be washed in any stream, lake or other water source.

(k) Each stand shall be completed prior to moving on to the next stand. The contractor shall flag a line delineating the sprayed portion of any partially completed stand at the end of each day using a bright colored flagging.

(l) 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 stands.

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

c. Batching of Herbicide Mix:

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

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

(3) All batching of the 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 or their Representative. 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 Contacting Officer or their Representative.

3. Batching sequence is as follows:

1: One half of the water for the mixture 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 agitating.

4: Add the remaining water in the batch tank while continuing to agitate.

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

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

4. Storing and Transporting Herbicides:

(a) All unattended herbicide concentrate shall be stored in a lockable storage area in its original container.

(b) The Contractor shall work with the Contracting Officer or their Representative to insure a minimal amount of herbicide mixture is moved between units.

5. Disposal of Containers:

The Contractor shall dispose of the empty 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 receipt from a point of redemption on returnable containers is required.

6. Herbicide Spills:

If a spill occurs, the Contractor shall:

(a) Take action immediately to contain the spill.

(b) Notify the Contracting Officer’s Representative on site.

(c ) Be under the control of the Contracting Officer or their Representative during the spill cleanup.

(d) Be liable for all costs of damages, clean-up, and decontamination.

7. Licensing and Safety Requirements:

(a) The Contractor shall have a current State of California Agriculture Pest Control Operators License including the Category “E” (Forest), and Pest Control Business License, prior to the award of contact. The Contractor shall register this 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.

(b) 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 California Food & Agricultural Dept., Pesticide Licensing at (916)322-4647.

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

3-10 Contractor-Furnished Equipment

a. Required Materials:

The Contractor shall provide the following herbicides, adjuvants, dye and protective shield or cones:

1. Glyphosate Herbicide (Roundup Custom, Rodeo or equivalent). Herbicide mixture specifications assume use of a concentrate with 53.8% glyphosate active ingredient.

2. Hasten surfactant

3. “Colorfast” purple dye.

4. Protective shield or cones no less than 6” diameter and no greater than 8” diameter at the opening.

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

b. Required Equipment: Hand Release

Hand held tools including McLeod rakes, hoes and pruners.

c. Required Equipment: Herbicide Application

(1) 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.

(2) 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 a thank 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.

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

(4) Tree protection shields/cones sufficiently tall enough to completely cover and or completely shield trees from contamination of herbicide mixture spray drift. Shields and or cones shall not be less than 6” diameter and no greater than 8” diameter at the opening.

(5) Locked storage area for herbicide and containers.

(6) Spill Kit- Shall contain a minimum of 25 lbs. of absorbent material such as kitty litter, two 30 gallon, and 4 mil polyethylene garbage bags with ties, and two shovels.

(7) 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.

(8) 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.

d. Calibration and Equipment Check:

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

(2) Prior to and during work the Contracting Officer or their…