Attachment 1 Suppression Eradication STS Larvicides SOW 12443925Q0018 (5.5.25 DP).pdf

Statement of Work for 12443925Q0018.

NEED

The spongy moth (Lymantria dispar) is a pest that feeds on the leaves of different species of trees in North America. Areas on the George Washington and Jefferson National Forest (GWJNF) and parts of North Carolina that are infested are treated as a forest-wide strategy to reduce heavy populations. Oaks are the preferred host; however, when oaks are not available, spongy moth caterpillars will feed on the foliage of many other species of trees. Left untreated infestations can reduce tree growth and cause either branch dieback or tree mortality. This solicitation has four items, totaling approximately 25,403 acres.

Item 1 Suppression treatment blocks using Foray 76B in Virginia for a treatment window that extends from late April to mid-May.

Item 2 Eradication treatment blocks using Foray 76B located in North Carolina with a treatment window that extends from mid-April to mid-May.

Item 3 Slow the Spread (STS) treatment blocks using Foray 76B in North Carolina with a treatment window spanning from mid-April to mid-May.

VENDOR QUALIFICATIONS

1. The Vendor is responsible for compliance with all Federal, State, and local laws, regulations, and product labeling in all aspects of performance under this contract.

2. The Vendor is responsible for all certifications, insurance, licenses, and proof for all other equipment owned, leased, rented, subcontracted, or otherwise utilized by the Vendor and for all personnel hired, subcontracted, or otherwise employed by the Vendor.

3. The Vendor is responsible for determination of safe operations in all treatment areas, and insecticide product handling and application.

4. Caution will be exercised during all spray operations to avoid depositing any material when the public is present. Consult the FS for any exemptions. Application of all insecticides on schools and school busses within a spray treatment area is strictly prohibited.

5. Application of the spray material will be confined to the designated areas and shall be applied evenly to the canopy of trees. Application to open fields, marshes, and all open bodies of water is prohibited.

6. A daily planning meeting and an end of the day debrief will occur between the Vendor and FS contracting officer representative. These meetings can be in-person or by phone and should cover, but not limited to, the following topics: treatment plans for the day, including projected block order; any treatment issues; safety messaging, and plans for the next day. These meetings should last no more than 20 minutes.

7. Provide the insecticide, equipment, personnel, supplies, and all other incidentals to perform these services in accordance with the technical specifications contained herein. The Vendor will possess operational control of the spray project.

8. Provide all personnel, equipment, and insecticide to produce a final application in accordance with the Contract Specifications and Contractual Agreement.

9. The Vendor shall designate a Project Supervisor, representing the company in all contractual matters to the government. The Project Supervisor shall be available to the FS contracting officer representative (COR) at all times during the period of performance.

10. The Vendor is responsible for the purchase and delivery of the product. The Vendor will be responsible for the proper disposal or return of all pesticide drums or containers and all pesticide residues.

11. The Vendor must provide a reliable communication system (communicate at all times) and capable of connectivity with personnel at different project locations. The communication system will be available to contact Vendor and FS personnel to discuss real-time project performance.

12. Costs incurred in the operation and maintenance of all equipment on the project is the responsibility of the Vendor. Expenses incurred by all contract personnel including arrangements for food, lodging, and transportation are the responsibility of the Vendor. Any or all damages to the site of operation are the responsibility of the Vendor.

13. The Vendor shall keep a copy of the label and the Safety Data Sheet on site with any insecticide or chemical supplied by the Vendor. All containers must be labeled correctly.

14. The Vendor is responsible for arranging delivery of the product with both the manufacturer and the storage site.

15. The Vendor will purchase all additives and insecticides to be used in this project. These products must be labeled for their intended use in the state in which he/she is operating.

16. The Vendor will ensure all label requirements regarding mixing, loading and disposal are correctly followed.

VENDOR LIABILITIES

1. The Vendor shall be liable for all violations of Federal, State, and Local Laws and or Regulations.

2. The Vendor shall be liable for all claims, and damages resulting from misapplication or application in prohibited areas.

3. Any or all damages to the site of operation are the responsibility of the Vendor.

APPLICATION STANDARDS AND LIMITATIONS

1. Insecticide must be applied evenly throughout the forest canopy with the proper droplet size and spectrum (volume median diameter (VMD) ranging from 80 to 160 microns). The applications must cause no ground disturbance and be in accordance with the Foray Technical Manual – Valent BioSciences – Forest Health.

2. The following figures provide guidelines for the spray conditions and approximate timing of applications (40% of leaf expansion for white oaks). The FS will be available to provide technical information with regard to the biology of the target pest, development of host species, and treatment timing for individual blocks.

https://www.valentbiosciences.com/foresthealth/foray-technical-manual/ https://www.valentbiosciences.com/foresthealth/foray-technical-manual/

3. The rate of discharge from the spray system shall be within 5% of the desired rate-per-acre.

4. Only one Btk formulation will be accepted for the 2025 proposal: Foray 76B. All insecticide for use on this project must be manufactured within 6 months of the date of application. Proper documentation of its manufacturing date must be available for review at the start of the project.

5. Insecticide shall be applied at a rate of 0.33 gallon per acre.

6. Weather Restrictions – Application operations shall be suspended when the following conditions exist:

a. Wind velocity exceeding ten (10) miles per hour.

b. Rain or foggy weather, or when the foliage is dripping wet, or when there is an imminent threat of rain within two hours.

c. When air turbulence (thermal updrafts, etc.) is so great as to seriously affect the normal spray deposition.

d. When the air temperature exceeds 75 deg. F or is below 35 deg. F.

e. When the relative humidity is less than 40%.

7. Evening Spraying: The primary productive spray time is in the early morning. Evening spraying is available and permitted when the weather restrictions (noted above in #6) do not suspend operations and where a few hours would be helpful in keeping on schedule.

Product Information Source:

Foray 76B, 48B Forestry Sales, Jacques Dugal Valent BioSciences 870 Technology Way Libertyville, IL 60048 Tel/Fax: 613.376.1070 Mobile: 613.539.1977

RECORDS OF PAYMENT

1. The Vendor shall provide treatment files to the COR daily that show the amount of the product applied per acre and that the product was distributed in accordance with the standards identified in the contract across the treatment block at the end of each day.

2. The COR record of all the insecticide applied into each treatment block is the basis for payment.

A copy of each day’s record is to be signed by the Vendor. A copy will then be provided to the Vendor. The Vendor's Project Supervisor shall be present to sign the log at the end of each operational day.

3. An estimate of the amount of insecticide that is applied in an improper manner, in unauthorized areas, or in emergencies, will be made by the government and deducted from the amount properly sprayed. The Vendor is also responsible for providing a copy of GIS treatment files at the close of each working day, and after each load if requested by the CO or COR.

4. The COR will monitor the spray operation to ensure contract compliance.

5. Pre-Work Conference: The FS will conduct a pre-work conference the day before treatment is to begin. Participation at this meeting is mandatory for the Vendor working on the project. Failure to meet this requirement will be cause for cancellation of the contract. Expenses or damages incurred by the State due to this cancellation will be charged back to the Vendor. Personnel of the Vendor and the FS responsible for the contractual requirements of both parties will be present at this conference. The FS will notify the Vendor of the date, time and location of this conference.

DAMAGES FOR FAILURE TO PERFORM

1. Due to the phenology of the spongy moth, the amount of time available for treatment is limited. For this reason, delays caused by the Vendor during periods of acceptable spray conditions are costly to the FS and damaging to the outcome of the program. The Vendor shall not be liable for assessed damage costs if the failure to meet the terms of the contract arises out of causes beyond the control and without the fault or negligence of the Vendor. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of State in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restriction, strikes, freight embargoes, and unusually severe weather;

but in every case, the failure to perform must be beyond the control and without the fault or negligence of the Vendor.

2. Accuracy: The COR or designee will monitor the spray application for accuracy. They will look for uniform coverage, droplet size, and complete coverage of the trees in the designated areas. Areas improperly treated due will be retreated at no additional cost to the FS.

3. Late Arrival: Notice will be given to the Vendor at least five (5) days in advance of a time and location to have his equipment assembled for the program start up. This is usually the day before actual spraying. Should the Vendor fail to arrive on the specified day and within one (1) hour of the agreed time of day (he will be assessed against the amount due the sum of $5,000 per day per spray equipment). Spray equipment and personnel are to be ready for operation according to Contract Specifications. Arrival on time, but failure to have all the personnel and equipment on site and ready for each equipment which causes a delay of one hour or more will result in the assessment against the Vendor a sum of $500 per hour per spray equipment ($5000 maximum per day). Delays, which make it impossible to properly calibrate the same day, will be assessed at $5,000 per day per spray equipment. Also, ground support personnel must be on site and ready to perform as required by the Contract Specifications.

4. Insufficient Material: The quantity of insecticide must be sufficient to treat blocks at the appropriate time. A delay caused by a lack of insecticide when spraying conditions are acceptable because the Vendor did not have sufficient material on site will result in an assessment against the amount due the Vendor of five hundred ($500) dollars per hour per incident.

5. Improper Spraying: A uniform application at the proper droplet size and rate per acre within the designated area is essential. Where faulty application makes it necessary to respray areas not satisfactorily covered by the Vendor, such areas will be resprayed by the Vendor at no cost to the FS.

Where faulty application results in a significant area outside the designated boundaries (such as 3% deviation from treatment area) being treated, the Vendor will be charged for the insecticide and application cost.

6. Procedure: Any incident in which Vendor causes a delay will be described in writing and documented by the COR. A copy of this report will be given to the Vendor. All reports will be subject to the appropriate provisions and assessed costs shall be deducted from the final payment made to the Vendor.