King Fire Site Prep Release Spray Solicitation.pdf

SECTION C – SERVICE

12-14-2016

Combined Solicitation & Synopsis King Fire Site Prep and Release Spray

129JGP20Q0052

The Department of Agriculture, US Forest Service, Central California Acquisition Services Area, and Stanislaus National Forest requires services for Herbicide Site Prep Release on the Groveland Ranger District. This is a combined / solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. It is the contractor's responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://acquisition.gov/far.

This is solicitation no.129JGP20Q0052 a Request for Quotations (RFQ) and is a 100% Total Small Business Set-Aside. The NAICS code is 115310 Support Activities for Forestry. The size requirement for this NAICS code is 8.0 Million. The government intends to award a Firm Fixed Price Contract.

Closing date of Solicitation is: April 6, 2020 4:00 p.m. PST Projected Award Date is: April 13, 2020

B.1

ITEM UNIT UNIT TOTAL

NO. DESCRIPTION UNIT QTY PRICE PRICE

1 Herbicide Release Acre 1,098 $ ________ $__________

2 Herbicide site prep Acre 551 $ ________ $ __________

3 Optional Herbicide Acre 242 $ ________ $ __________ Release

Contractors DUNS_______________ Contractors Signature: ________________________ Date: _________________

1. Responses for quantities less than those listed in the numbered items may be rejected.

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

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Scope of Work

Description of Work: The intent of this contract is to secure services for chemical vegetation release in three to four year old mixed conifer plantations totaling 1098 acres and chemical site preparation vegetation control in recently logged stands totaling 551 acres. Mandatory treatment totals 1649 acres. In addition to the mandatory treatment acres, there are up to 242 Optional treatment acres of chemical vegetation release in twenty five year old recently masticated stands.

https://acquisition.gov/far

Item #1, Mandatory Release: A broadcast foliar application of a herbicide mixture from backpack sprayers to target vegetation while using a shielded directed spray technique in 22 three to four year old plantations totaling 1098 acres.

Item #2, Mandatory Site Preparation: A broadcast foliar application of a herbicide mixture from backpack sprayers to target vegetation while using a shielded directed spray technique in 13 recently logged stands totaling 551 acres.

Award of Optional Items: If the Forest Service elects to award Optional Item #3, this Item may be awarded in whole or in portions as funding becomes available. In no case will a partial unit be awarded. Additionally, Optional Items may be awarded anytime up to July15, 2020.

Item #3, Optional Release: A broadcast foliar application of a herbicide mixture from backpack sprayers to target vegetation while using a shielded directed spray technique in up to 3 twenty five year old plantations totaling 242 acres.

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).

Contractor Responsibility: The Contractor shall provide everything--including, but not limited to, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

C.2 Project Location & Description

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

Description: Boundaries of treatment units will be flagged with red polka dot with yellow or 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.

Exclusions (non-work areas): Non-work sites or areas will be designated with pink and chartreuse (bright green) flagging and/or blue and white striped flagging.

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

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.

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.

C.3 Maps

Maps

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

C.4 Estimated Start Date & Contract Time

Estimated Start Date & Contract Time

Estimated Start Date: April 21st 2020.

Number Calendar days: 66 days for Mandatory Items #1 & #2, excluding Sundays and Holidays.

An additional 1 working day per 30 acres of Optional Units, if awarded, will be added for up to a total of 9 additional days if all of the Optional Item #3 is awarded.

C.5 Restrictions on Work

Work may be performed at any time during the period of the contract, except as outlined here.

Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14). Restrictions are as follows:

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

2. When the Contracting Officer (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

C.6 Licenses and Insurance

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

MSPA Card (Form WH510): Contractors who utilize MSPA and H2B employees are required to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Certification/authorization.

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.

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

The Contractor shall be required to provide the following:

1. Required permits.

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

3. Complete any other incidental requirements.

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

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

C.7 Camping and Housing

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

C.8 Technical Requirements.

C.8-1 Definition

Adjuvant: Anything added to the herbicide with the exception of water. This includes drift control agents, surfactants, dyes, antifoam agents, acidifiers, etc.

Batch tank: A mixing tank with a constant agitator that can be moved and operated separately from the clean water tank. For example, a tank mounted on a separate vehicle from the clean water tank or mounted on a trailer.

Broadcast spray: The entire area of the unit, excluding protected areas, rock outcroppings, and non-target species, is to be sprayed with the herbicide mix at the specified rate.

Clean water tank: A tank that contains water for mixing and wash down. It must be free of all pesticide residues.

Crop tree: Any tree or seedling present with the exception of knob-cone pine, bull (foothill gray) pine, and California nutmeg.

Damaged tree: The following constitutes unacceptable types of damage:

1. Any herbicide mixture on the terminal leader, or on more than 5% of the green crown.

2. Any physical damage to the terminal bud or leader, or more than 25% physical damage to the live crown.

3. Any damage on the bole or stem of the tree.

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

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

Non-target species: Include, but are not limited to: Alder, Dogwood, Elderberry, Hazelnut, and Willow.

Oaks: Buffer 5 per acre Oak over 0.5 inch DBH and 8 feet tall and identified on the ground if there are over 5 per acre. If under 5 per acre buffer all.

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 Wash down: Spray a contaminated seedling or other non-target vegetation with wash down solution to runoff.

Wash down solution: Composed of 5 gallons of water and one 3 oz. bar of soap per backpack of water.

C.8-2 Specifications

Herbicide Release and Site Prep Treatment:

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.

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. Other excluded vegetation species shall also be protected by directed spray application. (See Supplemental Specifications for a complete list of excluded vegetation).

Additionally, conifer trees including natural regeneration, except Knobcone pine and Grey pine, 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 and tall enough to completely cover the trees without damage) by placing it over the trees to prevent the mixture from coming into contact with the conifer trees.

Any and all conifer trees to be protected 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.

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.

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.

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

If not otherwise specified on the herbicide label, spraying may be discontinued by the Contracting Officers Representative when wind speeds are continuous and in excess of 5 mph.

The Contractor shall be responsible for monitoring weather conditions.

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.

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

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

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.

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.

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.

Batching of Herbicide Mix:

The Contractor shall only use fresh clean water to batch the herbicide mixture, no drafting of water will be permitted. Contractor shall do all batching of herbicide mixture and conform to label instructions and safety requirements. All treatment stands will be treated with the same herbicide mixture.

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

All batching of 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 and shall only be done by a California State Pesticide Licensed individual.

The Contractor shall have a California State Pesticide Licensed (QAL/QAC) individual at the batch truck at all times when the tank contains any amount of herbicide mixture.

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.

All 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.

Storing and Transporting Herbicides:

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

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

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.

Herbicide Spills:

If a spill occurs, the Contractor shall:

1: Take action immediately to contain the spill.

2: Notify the Contracting Officer’s Representative on site.

3: Be under the control of the Contracting Officer or their Representative during the spill cleanup.

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

Licensing and Safety Requirements:

The Contractor shall have a current State of California Agriculture Pest Control 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.

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.

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

C.8-3 Contractor-Furnished Equipment

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.

Required Equipment:

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

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

for example, mounted on a separate vehicle from the clean water tank, or mounted on a trailer.

Clean water tank- shall be a tank exclusively for clean water, having a back flow prevention 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.

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.

Storage area. Locked storage area for herbicide and containers.

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.

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.

Other: 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.

Personal protection equipment for workers: All safety equipment as listed on the herbicide label and as required by State and Federal regulations shall be used. Note that the State of California requires gloves and eye protection whenever working with pesticides.

Additionally, the following Forest Service requirements shall be met:

1. Hardhats without leather or other porous headband.

2. Disposable or washable long-sleeve coveralls. Clean coveralls, without tears, shall be worn each day.

3. Tee shirts and long pants shall be worn under coveralls.

4. Leather boots with socks.

5. Individual eye wash bottle (16 ounces of water), to be carried by applicator.

Workers shall change their personal protective equipment (PPE) and under clothes and wash thoroughly, wet areas of the skin if the workers PPE becomes sufficiently wet that spray material soaks through the PPE and under clothes.

Calibration and Equipment Check:

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.

Prior to and during work the Contracting Officer or their Representative reserves the right to test and inspect the herbicide concentrate and mix.

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

C.8-4 Government-Furnished Equipment

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

C.8-5 Public Safety

The Contractor shall be required to carry out all operations in a manner which ensures the safety of the Public.

C.8-6 Salvage Rights

There are no salvage rights under this contract.

C.8-7 Road Maintenance

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

C.8-8 Supplemental Specifications

Herbicide Mixture Specifications:

Units will all be treated with an herbicide mixture of “Glyphosate”, “Hasten” and “Colorfast” purple dye; the mix shall contain 5% glyphosate herbicide (53.8% formulation), 5% “Hasten” adjuvant, and .25% “Colorfast” purple dye. 100 gallons of herbicide mixture would thus be as follows:

89.75 gal. water

5.00 gal. of glyphosate

5.00 gal of “Hasten” adjuvant

0.25 gal “Colorfast” purple dye

Spray Buffers (Exclusion Areas):

Buffers will be designated by the Contracting Officer’s personnel at the time of treatment.

Buffers will be as follows:

Perennial streams = 300’ non treatment buffer blue/white stripe flagging Intermittent streams = 150’ non treatment buffer blue/white stripe flagging Ephemeral streams = 25’ non treatment buffer blue/white stripe flagging

All other special aquatic features = minimum of 25’ or as flagged on the ground non treatment buffer blue/white stripe flagging.

Other resource protection areas = pink/chartreus (bright green).

Excluded Vegetation:

Black Oak >1” base diameter and or > 3’ in height. Aspen Live oak >1” base diameter and or >3’ in height. Fresno Mat Elderberry Washington Lilly California nutmeg Red Hill Soap Root Pacific Yew Bear Grass

C.9.1 Supplemental Specifications Data Table

*Acres are estimated quantity.

Item 1 - Mandatory Release Unit Acreage

8 26 9 1

10 6 11 64 13 49 14 31 15 74 16 50 17 7 18 112 19 12 20 10 21 18 22 29 27 17 28 27 29 14 30 9 31 444 32 6 33 65 34 27

Item 1 Total 1098 Item 2 - Mandatory Site Prep

Item 1 - Mandatory Release Unit Acreage

4 21 5 60 6 17 7 38

23 8 24 6 25 8 26 11 35 21 36 38 37 22 38 107 39 194

Item 2 Total 551 Item 3 - Optional Release

Unit Acreage 1 170 2 48 3 24

Item 3 Total 242

INSPECTION AND ACCEPTANCE

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

www.aquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

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

E.2 Specific Inspection Procedures The Contracting Officer will make visual inspections while work is in progress for compliance with the terms of the contract.

Additionally, the Contracting Officer may make a systematic inspection using 1/50th acre (16.7 foot radius circle on a horizontal plane) plots to calculate an inspection quality based on application coverage and crop tree damage. Plots will be selected randomly and will not overlap.

Sufficient plots will be taken to achieve a 1% sample of the treatment area (i.e. 1 plot for every 2 acres). Results will be recorded on inspection forms.

The quality of application coverage will be determined by observing the indicator dye or colorant on the target vegetation surfaces. To determine this, the inspection plots will be divided into four

(4) quadrants on cardinal directions (North, South, East and West). Each quadrant will be examined for coverage. If more than 90% of the target vegetation surfaces within the quadrant have been treated to specifications, it will be considered acceptable.

To determine the percent satisfactory coverage, the number of acceptable quadrants will be divided by the total number of quadrants examined, then multiplied by 100 to give a percentage.

For example, out of a total of 30 plots examined (120 quadrants), 112 quadrants received acceptable coverage:

112 / 120 x 100 = 93%

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

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

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

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

http://www.arnet.gov/far/

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

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

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

Application coverage = 152 / 160 X 100 = 95% Crop tree damage = 12 / 200 X 100 = 6% - 5% = 1% deduction Inspection quality = 95% - 1% = 94%

Inspection results will be available to the contractor upon request.

E.3 Acceptance

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

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

Responsibility for Supplies, Clause 52.246-16 Use and possession, Clause 52.236-11

E.4 Government Inspections

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

The Contracting Officer's Representative or designated inspector will conduct all inspections.

The Contractor (or designated representative) is encouraged to be present to observe inspections.

Summary results will be made available on request.

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

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

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

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

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

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

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

DELIVERIES OR PERFORMANCE

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

www.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

Work Timing The Contractor shall begin work within ___3_______ calendar days after the effective date of the Notice to Proceed and shall prosecute the work at a rate that will result in completion of all work within the following time frame:

Item No.1: Estimated Start Work Date/Contract Time (Calendar Days)

Item No. Estimated Start Work Date Contract Time (Calendar Days) Mandatory Items 1 & 2 April 21, 2020 66 days excluding Sundays and Holidays.

Optional Item #3 1 work day will be added for every 30 acres of Optional units that are awarded (a maximum of 9 additional days). Award of Optional units may occur up to July 15, 2020.

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

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

In the event of award of more than one item to one contractor, times will run consecutively.

Time on the second item will begin automatically the day following expiration of time (including any extensions) on the first item. Likewise, time on a third item would begin immediately following expiration of time on the second, and so on.

Winter Shutdown

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

http://www.arnet.gov/far/

CONTRACT ADMINISTRATION DATA

Pre-work

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

Notice to Proceed.

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

Measurement

Methods of Measurement.

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

Remeasurement. Unless otherwise indicated by this contract, the contractor may request remeasurement of any quantities in Part B, when the units are acres or any linear measurement.

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

Payment

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

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

B. Liquidated damages will be charged as follows:

Trees determined to be “damaged” will be charged for at the rate of $2.45 per tree. Such charges will be deducted from earnings. The number of trees to be charged for will be calculated as follows: Total number of damaged trees from the inspection record, multiplied by the reciprocal of the plot size, times the number of acres in the pay item, divided by the total number of plots taken, plus trees determined to be damaged under care of trees specifications.

Contract Release. The following supplements the Payments clause in Section I:

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

Invoices.

Payment will be made from Contractor's invoice processed through IPP.

RETAINAGE (applicable to service contracts where work accomplishments are measured in units other than time)

The following supplements Clause 52.232-1, Payments:

The Contracting Officer may retain up to 10 percent of the invoiced amount if the contractor is behind schedule at the time the invoice is presented. “Behind schedule” means that the percentage of work completed is less than the percentage of time used.

Government-Furnished Property

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

1: Fresh water made available at Georgetown and Pacific Ranger District Offices only.

Emergencies Fire Plan. See Section J, Fire Plan

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

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

SPECIAL CONTRACT REQUIREMENTS

Superintendence by Contractor The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.

Camping Permit Compliance No camping allowed

452.228-71 Insurance Coverage.

INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

Archaeological and Historic Sites Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)--will be identified for the contractor before work commences.

Safety When Contractor's operations are in progress adjacent to or on Forest Service controlled roads and trails open to public travel, Contractor shall furnish, install and maintain all temporary traffic controls, which provide the user with adequate warning of, hazardous or potentially hazardous conditions associated with Contractor’s operations. This may require the use of flag persons in addition to signing or other methods of warning. Devices shall be appropriate to current conditions and shall be covered or removed when not needed. Flagmen and devices shall be as specified in the "Manual on Uniform Traffic Control Devices for Streets and Highways"

(MUTCD

Spill Plan If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

Equipment Cleaning All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.

If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

USE OF PREMISES

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.

Unless accepted 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.

Control of Erosion, Sedimentation, And Pollution

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.).

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.

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

Landscape Preservation The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

Approval of Subcontracting The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

• The name, address and telephone number of the subcontractor.

• The date upon which the subcontract was entered into and its duration

• A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

• Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

Public officials not personally liable

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

Designation of Contracting Officer’s Representative

The Contracting Officer designates the Contracting Officer's Representative (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR.