b.final_request_for_quotes.doc

ADDENDA SHEET

Wallowa Whitman Invasive Plant Treatment IDIQ

OF

LOCAL TIME 4:30 PM

INFORMATION CALL

Andrea Pollock, Administrative Beckijo Smergut-Wall, Technical

(541) 969-3554 541-426-5535 May 19, 2020

10. THIS ACQUISITION IS

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UNRESTRICTED

SET-ASIDE. _100_% FOR

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SEE SCHEDULE

SMALL BUSINESS,

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HUBZONE SMALL BUSINESS

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13a. THIS CONTRACT IS A RATED ORDER

Pine Office 38470 Pine Town Lane

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8(A)

UNDER DPAS (15 CFR 700)

Halfway, OR 97834

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SOLE SOURCE

13b. RATING

RFQ

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IFB

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RFP

Same as Block 9

FACILITY CODE

PO Box 66527

St. Louis, MO 63133

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

IS CHECKED: FORMCHECKBOX

SEE ADDENDA

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

2020 Wallowa-Whitman Noxious Weed Treatment IDIQ Contract

THIS IS A MULTIPLE AWARD INDEFINITE- DELIVERY/ INDEFINITE-QUANTITY CONTRACT. A MINIMUM OF $1,000.00 AND AN AGGREGATE MAXIMUM OF $999,999.99 MAY BE CONTRACTED OVER A FIVE YEAR CONTRACT PERIOD.

INDIVIDUAL TASK ORDERS WILL BE ISSUED FOR VARIOUS ITEMS. PERFORMANCE SPECIFICATIONS MAY VARY BY TASK ORDER

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

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27a. solicitation incorporates by reference FAR 52.212-1, 52.212-4. FAR 52.212-3 and 52.212-5 and Addenda FORMCHECKBOX are FORMCHECKBOX are not attached.

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27b. contract/purchase order incorporates by reference FAR 52.212-4. FAR 52.212-5 AND Addenda FORMCHECKBOX are FORMCHECKBOX are not attached.

28.

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AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION (BLOCK 5), DATED (BLOCK 30c) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

Andrea Pollock

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (Rev. 4/2002)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ( FAR (48 CFR) 53.212

*RA-Roaded Access

**NA-Non-roaded Access

MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216-18 ORDERING, the Government shall place orders totaling a minimum of $1,000.00 , but not in excess of an aggregate amount of $999,999.99.

32a. QUANTITY IN COLUMN 21 HAS BEEN

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RECEIVED

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INSPECTED

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

32.g E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

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PARTIAL FORMCHECKBOX

FINAL

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV. 4/2002) BACK

DESCRIPTION OF SUPPLIES/SERVICES IDENTIFIED IN BLOCK 20

PERFORMANCE WORK STATEMENT

This solicitation will result in an Indefinite Delivery, Indefinite Quantity (IDIQ), performance-based service contract spanning 5 years. The estimated quantity shown in the Schedule of Services is not a representation that the estimated quantity will be required or ordered, the Government cannot predetermine the precise quantities that will be ordered during the contract period. Task Orders will be completed and issued with Actual Quantities throughout the period. All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall take precedence.

This solicitation is for the Wallowa-Whitman National Forest within the Blue Mountain Area.

The contractor shall furnish everything necessary to perform this contract including, but not limited to, all labor, equipment, supervision, transportation, supplies (except those designated as Government furnished) and incidentals. The appropriate current State Pesticide Applicator’s license shall be required for herbicide application.

All Federal and State rules and regulations shall be followed as well as appropriate Forest guidelines. The Federal and State rules and regulations include, but are not limited to:

1. Disposal of Containers

2. Herbicide Spills

3. Procedure First Aid

4. Storage and Transportation

The Forest guidelines will include, but are not limited to:

1. Region 6 Invasive Plant Program EIS

2. Wallowa Whitman NF Invasive Plants Treatment Project EIS

3. Approved herbicides

4. Project Design Features to address site-specific resource conditions

5. Best management practices and spray regulations (such as calibration and equipment checks, procedure for application, protection of water quality/fisheries habitat, etc.).

6. Equipment cleaning

The desired outcome of this contract is the detection and control of invasive plants and site restoration. The methods used to accomplish this objective are part of the Integrated Weed Management strategy. These methods, as stated in the Schedule of Supplies and Services, are further described as:

1. Inventory – All field inventories for invasive plants shall be conducted in such a manner as to assure that the desired outcome will be a representative cross-section of major topographic features, high, moderate, and low probability habitats for invasive plants as identified on the county priority list by surveyed walking or riding routes. Each unit shall be surveyed intensively enough to locate all priority listed invasive plants. This should result in physically covering 95% of the ground and leaving no un-surveyed areas greater than three acres per 100 acre unit. All proposed projects with associated ground disturbance (fence construction, mining, stream and water improvements, road, trail, etc.) shall require a 100% inventory survey.

2. Treatment - Chemical (RA) – These treatment sites will be located in roaded areas where motorized equipment and vehicles are allowed. This includes vehicles, ATV, motorized pumps, and equipment. It shall include treatment of a defined project area with approved weed site and spread area identified for treatment with Regional and Forest approved herbicides. Each individual site shall be thoroughly covered and priority species treated prior to moving to the next site within the project area. Emphasis shall be placed in areas most susceptible to spread, such as high use areas trails, and along water ways to minimize spread potential. All treatments shall require following all Federal and State guidelines, as defined per Forest. Treatment shall consist mainly of spot spraying on target and priority invasive plants found within the defined project area. Extra caution is needed to minimize off target treatments and effects. Herbicide applications of target species can be very effective provided proper timing, rate of application and plant development stage.

3. Treatment – Chemical (NA) – Treatment prescriptions are the same as described in item 2, however the project areas will be located in non roaded areas. These areas can be located in steep, remote country. Some shall be located in Wilderness where no motorized or mechanized equipment is allowed. A minimal use tool analysis will be completed for wilderness to authorize motorized pumps via stock support prior to contract start work dates. All project areas shall require access via foot or horse.

4. Restoration – (RA) – This shall include seeding or planting degraded and treated sites to out-compete invasive plants and to fill vacant and available niches created by removal of a weed species. Approved seed mixes and/or species will be provided per task order. Project areas shall be identified and work might include seed bed preparation, seed distribution, and/or planting of grass plugs, shrubs, or other specified species. These treatment sites shall be located in roaded areas where motorized equipment and vehicles are allowed. This includes vehicles, ATV, motorized pumps, and equipment.

5. Restoration – (NA) – Restoration activities are the same as described in item 4, however, project areas will be located in non-roaded areas only accessible via foot and horse.

Measurable Performance Standards:

1. Inventory – All inventory/survey routes and sites shall be recorded using a GPS device which will be downloaded to provide tracks, site location and specifics, and treatment status. Recorded information shall include tracks, location, species of weeds, size and density of patch and whether or not it was treated. Photo points will be established for each site with a location to track treatment efficacy.

2-3. Treatment (Chemical) – Upon completion, the project area shall result in the treatment of 90% of the invasive plants located within the project area. Each site shall be thoroughly treated prior to moving to the next site within the project area. Only approved herbicides and label rates are to be used when applying herbicides. A dye marker shall be used during treatment for inspection purposes. All associated treatment records, GPS data, maps, tracks, and associated field notes shall be submitted upon project completion.

4-5. Restoration – Project areas shall be inspected for vegetative success, or 80% of the project areas demonstrating even seed distribution and/or germination and/or live growth. It shall also include inspection of seed bed preparation if applicable. Records indicating seed mix (as recommended), rate, weather, date, and other associated information shall be submitted upon project completion.

Acceptable Quality Levels (AQLs):

1. Inventory - Payment will be made per gross acre or mile for successfully completed inventory. Standards for completeness and accuracy for inventory will be based on the GPS track records, site documentation, photo points, and field notes for the specified inventory area. It may also involve periodic inspections to verify recorded GPS site and photo point locations. Timing of inventories will be determined by plant phenology and site location.

2-3. Treatment (Chemical) – Payment will be based on the completion of treating at least 90% of the invasive plants identified within the project area or per site, however individual sites and high use areas should demonstrate an above 90% average of treated priority weeds. Payment will be by net acres treated. GPS track records, photo points and application records will be used to determine completeness. Accuracy will be determined by visual inspection of treated invasive plants. Deductions may occur for less than 90% plants treated, incomplete records, or failure to achieve contract requirements.

4-5. Restoration – Payment will be made per gross acre and measured by visual observation of seed distribution and/or germination. If appropriate, pertinent GPS track records will be used to verify distribution. It may also require documentation of the pounds of seed applied, or number of plants planted.

(i) Monitoring Method

The Government will make periodic inspections as a basis for acceptance and payment. The Contractor is encouraged to observe inspections while they are being made. If a random inspection of 10% of the sites does not reflect that 90% of the treated species have been impacted by the herbicides, all treated sites shall be inspected. If inspections of all sites reflect an impacted rate of less than 90%, the Contractor shall be required to treat the plants missed at no additional cost to the Government. The Government has the option of reducing total payment to cover the cost of inspecting all sites and monitoring the treatment of missed plants. Upon completion and approval of site applications and submittal and approval of required records, contractor shall submit an invoice.

This method of inspection is also valid for restoration, but in this case the project area must show an 80% even distribution of seed and/or seed germination and/or growth. Backcountry restoration projects are in their infancy and numerous factors are responsible for the success. Some of these factors include weather, moisture, site location, seed mix, wildlife, and recreation impacts. Therefore it is important that all records be obtained upon project completion. This will allow the contracting agency the opportunity to better evaluate restoration projects.

(ii) Incentives/Disincentives for Meeting or Not Meeting the Performance Standards

Performance and quality of completed project will be reflected in the required performance evaluation and made available for contractor to view.

CONTRACTOR QUALITY CONTROL SYSTEM

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

The Contractor shall provide a job-specific quality control plan at the post award conference.

GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Government will review all GPS data showing inventory tracks and site data. This will assure all high probably areas have been inventoried and all approved sites treated. In addition, site inspections to guarantee treatment effectiveness will be conducted. Upon inspection, plants should show signs of treatment. These signs could include evidence of dye, curling of leaves, wilting, discolor, or other signs of treatment. In the case of restoration, the site should show even seed distribution and/or germination.

MEASUREMENT AND PAYMENT

All inventory and restoration acres will be via gross acres and identified as a polygon on the project map. Inventory may be via acres or miles if inventory is located along trails, rivers, or other linear travel corridors. All herbicide treatment bids will be via net acres. The estimated net acres are only that, an estimate, which is reflected on the Task Order as acres to be treated via approved herbicides. The 15% variation option will apply to this contract. Payment will be made on completion and approval of work as identified in the measurable standards and Government Quality Assurance Surveillance plan.

52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

AGAR 42.215-73 POST AWARD CONFERENCE (NOV 1996)

(a) A post award conference with the successful offeror is required. It will be scheduled 14 days after the date of contract award. The conference will be held at: The Wallowa Mountains Office, Joseph, OR unless otherwise changed by mutual agreement.

(b) Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the pre-work conference.

Period of Performance

Generally, the management associated with invasive plants occurs April through October. However, this management period can be expanded as a direct result of weather and plant development. Later fall spraying is being recommended more often for specific weed species. The specific times will be defined on each Task Order and in accordance with weather and plant phenology.

In the event an offeror is awarded more than one item, contract time will run concurrently.

Contract time will be determined for each task order issued by estimating one contract day for each 1 gross acres (quantity/unit of measure) *NA ordered and one contract day for each 10 gross acres (quantity/unit of measure) *RA ordered. It will also take into account the logistics of moving on site, plant phenology, available treatment options, and treatment windows.

Contract time will be determined for each task order issued allowing one contract day for 1 gross acre (quantity/unit of measure) *NA ordered and one contract day for each 10 gross acres (quantity/unit of measure) *RA ordered.

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through June 15, 2024.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 ORDER LIMITATIONS (OCT 1995)

a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _$1,000.00_, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of _$150,000.00_;

(2) Any order for a combination of items in excess of _$150,000.00_ ; or

(3) A series of orders from the same ordering office within _30_ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _10_ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 INDEFINITE QUANTITY (OCT 1995)

a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after September 15, 2024.

TASK ORDER ISSUANCE

Task orders may be issued verbally, by facsimile, or by electronic commerce methods. Verbal task orders will be backed up by a written order.

Warranted Contracting Officers within the Blue Mountain AQM Area are authorized to place task orders against this contract within their delegated warrant authority. This authority also designates those Contracting Officers working with the Economic Recovery Operational Centers (EROC) Group for use.

(a) Proposed Task Orders (TOs) will be issued during the performance period of this contract. The Contracting Officer’s (CO) decision to issue an order to a particular awardee will be based on the criteria stated below. In accordance with FAR 16.505(b), the CO will give each awardee a “fair opportunity” to be considered for each order in excess of $2,500 unless one of the conditions in FAR Subpart 16.505(b)(2) applies.

(b) Selection Criteria for Awarding Task Order. The Government will evaluate the task order quotes against stated selection criteria, of which price will always be a factor. Additional information for technical approach, quality control plan and a safety plan not previously submitted may be requested and evaluated prior to awarding Task Orders. Single or multiple awards may be made for individual task orders, as specified on the task order.

(c) Process

1. A warranted Contracting Officer must issue all Task Orders. When supplies/services are required, a proposed task order will be sent to each qualified Contractor. If a Fair Opportunity Exception applies, the task order quote request will be issued to one contractor. Each task order request will include the required due date, specific instructions for the submission for quotes, the selection criteria factors, and other information deemed appropriate.

2. Awardees under the contract will generally be allowed 5 working days to prepare and submit quotes. However, more or less time may be necessary based on the requirements. If an awardee is unable to perform a requirement, the awardee may submit “NO QUOTE” to the task order request. While no mandatory requirement exists for the submission of a quote, failure to respond to three consecutive orders will result in contract termination. If this should occur, resulting in a decline in the contractor pool or task order quantities that exceed vendor pool capabilities, additional Contractors may be added to the list through a competitive process.

3. Task Order Issuance: All task orders will be issued on a firm-fixed-price basis. Task orders may be issued verbally, by facsimile, or by electronic commerce methods. Verbal task orders will be backed up by a written order.

(d) Ombudsman Description. In accordance with FAR 16.505(a)(8), no protest under FAR subpart 33.1 is authorized in connection with the issuance or proposed issuance of a TO under this contract, except for a protest on the grounds that a task order increases the scope, period, or maximum value of the contract. The Ombudsman will review complaints from the contractors and ensure that all contractors are afforded a fair opportunity to be considered consistent with the procedures in the contract. Complaints to the USDA Forest Service Ombudsman must be forwarded to:

Assistant Director for Operations, Acquisition Management, Washington Office

Rosslyn Plaza

1621 N Kent Street, Plaza E, Suite 707

Arlington, VA 22209

Phone (703) 605-4665 Facsimile (703) 605-5100

CONTRACT RELEASE

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $2,500.00. Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein. Reservations:

SAFETY

The landscapes within the National Forest includes rugged and steep terrain. Many of the Forest roads are rough, native surface, and often recommend 4x4 vehicles during adverse weather conditions. Much of the area is only accessible by boat, stock, foot, or trail. Current conditions are available upon request. In addition, summer temperatures in canyonlands can exceed 100F resulting in extreme working conditions. Caution also needs to be taken when working in canyonlands where poison ivy, rattlesnakes, ticks and spiders frequent.

In noxious weed contracts requiring the use of herbicide treatment, all safety procedures required by the herbicide label, and/or as identified in the State and Federal laws and safety regulations, as well as any special requirements as identified by the contracting agency must be followed. In addition, all guidelines as required and outlined in the State Pesticide License Requirements must be followed.

Contractor shall provide a job specific safety plan addressing the hazards identified above and any other potential hazards known to the Contractor. The plan shall be presented at the post award conference for discussion

AGAR 452.236-72 USE OF PREMISES (NOV 1996)

a. Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a camp site or trailer parking area of any employee working on the project for the Contractor.

b. Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State, and local regulations.

AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORICAL SITES (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (NOV 1996)

A. Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

B. Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

C. Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)

A. Contractor's Responsibility for Fire Fighting

1. The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

2. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

B. Contractor's Responsibility for Notification in Case of Fire

The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

C. Contractor's Responsibility for Responding to Emergencies

When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site or emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes clause, FAR 52.234-5.

NOTE:* Fire Protection Requirements The Contractor shall comply with the Fire Protection and Suppression (Eastside) Requirements, Form R6-FS-6300-52 (May 1989), which are attached hereto.

REQUIREMENTS RELATED TO VEGETATION MANAGEMENT PROJECTS

(a) Applicability

In accordance with the Final Environmental Impact Statement (FEIS) for "Managing Competing and Unwanted Vegetation in the Pacific Northwest Region," several requirements are being implemented under our contracts that involve vegetation management. This contract involves work that falls within coverage of the FEIS, and therefore requires compliance with applicable provisions below. These requirements apply to all vegetation management projects within coverage of the FEIS, whether accomplished by manual, mechanical, prescribed fire, biological, or herbicide methods.

(b) Reports and Notice Requirements

(1) The contractor shall prepare and submit, after work is completed but prior to final payment under this contract, a report which includes:

(A) The vegetation management treatment method used;

(B) Names of each person who worked on the project, license #, their assignment, dates of actual work, and a list of the protective clothing and equipment used;

(C) Details of all exposure incidents, accidents, and/or worker health complaints, if any occurred;

(D) If the project involves use of herbicides, the exact identity of the product used, its formulation, manufacturer, mixture, and method of application; and,

(E) If the project involves use of herbicides, a certification that the health information required by the ROD as amended was provided to all employees in a language they could understand.

(2) The contractor shall provide to its employees (including subcontractor personnel) a copy of a bilingual form entitled, "Health Effects Reporting Form for Vegetation Management Projects in the Pacific Northwest Region," forms R6-FS-2100-10 and R6-FS-2100-10S (Spanish language version). This form is to be provided to employees for voluntary completion and submission to the Government, for reporting injuries or exposures while the employee is performing vegetation management work under this contract. This form may also be completed by any persons, including private citizens and Government employees, who wish to report injuries or exposures as a consequence of the contract work. A copy of this form is included for reference in the attachments of this contract.

(c) Restrictions on Personnel Assignments for Herbicide Projects

(1) All employees who do not want exposure to the herbicides Chlorsulfuron, Metsulfuron-methyl, Sulfometuron methyl, Imazapic, Imazapyr, Picloram, Clopyralid, Triclopyr, Glyphosate, Sethoxydin, and aminopyralid will be given alternate work assignments not involving direct contact with these herbicides.

(2) Workers who are hypersensitive to the herbicides used in a project covered by these provisions shall not be used in positions in which they may come into direct contact with the herbicides. Workers who display symptoms of hypersensitivity to herbicides during application shall be removed from direct contact with the herbicides.

(d) Requirements to Inform Workers of Potential Health Hazards

(1) Prior to beginning any project utilizing the herbicides Chlorsulfuron, Metsulfuron-methyl, Sulfometuron methyl, Imazapic, Imazapyr, Picloram, Clopyralid, Triclopyr, Glyphosate, Sethoxydin, and aminopyralid, each worker shall be provided with a copy of the "Methods Information Profile for Herbicides" and the relevant "Herbicide Information Profiles" produced by the Pacific Northwest Region. If the worker cannot read English, the information in these profiles will be explained in a language the worker can understand.

(2) Each worker shall sign a statement indicating that she or he has reviewed the material, and either agrees to work on the project as assigned, or requests another assignment. The statements will be provided to the COR prior to commencement of work.

(e) Equipment and Clothing Requirements

(1) For projects utilizing the herbicides Chlorsulfuron, Metsulfuron-methyl, Sulfometuron methyl, Imazapic, Imazapyr, Picloram, Clopyralid, Triclopyr, Glyphosate, Sethoxydin, and aminopyralid all equipment and clothing required by the R6 2005 ROD shall be on-site prior to commencement of work.

(2) The COR will assure compliance with these requirements prior to authorizing commencement of work.

(f) Penalties for Non-compliance

Failure by the Contractor to comply with these requirements will be grounds for contract termination or other remedies provided under the Default clause and other provisions of this contract. State and Federal health and safety agencies may also have grounds for action in cases of noncompliance with applicable laws, rules, and regulations.

(g) Government Not Liable for Accidents and Exposures

The Government will not accept any liability for accidents and exposures resulting from work under this contract, except in cases in which it is shown that there was a direct action of the Government or its…