RFQ 12339520Q0016 Habitat Improvement.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

ROANOKE VA 24019-3050

5162 VALLEYPOINTE PKWY

USDA FOREST SERVICE

CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR3395

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/19/2020 1100 ET

06/05/2020

540-265-5112SHERRY HELMICK

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12339520Q0016

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 39 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Multiple Destinations

15. DELIVER TO

ROANOKE VA 24019-3050

5162 VALLEYPOINTE PKWY

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 06/29/2020 to 06/11/2021

0001 Mechanical Removal of Autumn Olive (excavating or 6 AC mulching)

North River Ranger District - Rockingham County, VA

Product/Service Code: F019 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- OTHER WILDLIFE MANAGEMENT

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

SHERRY HELMICK

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

shelmick Highlight shelmick Highlight shelmick Highlight shelmick Highlight shelmick Highlight shelmick Highlight

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 10/01/2020 to 04/01/2021

0002 Foliar Application of Herbicide to Mile-A-Minute 122 AC

Vine

North River Ranger District Rockingham County VA

Product/Service Code: F019

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- OTHER WILDLIFE MANAGEMENT

Period of Performance: 05/01/2021 to 06/11/2021

0003 Foliar Application of Herbicide to Mile-A-Minute 312 AC

Vine

Lee Ranger District Hardy County WV

Product/Service Code: F019

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- OTHER WILDLIFE MANAGEMENT

Period of Performance: 05/01/2021 to 06/11/2021

0004 Camp Run Pine Tree Removal 6 AC

North River Ranger District, Pendleton County WV

Product/Service Code: F019

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- OTHER WILDLIFE MANAGEMENT

Period of Performance: 06/29/2020 to 12/31/2020

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

39 2 of

The States of Virginia and West Virginia require contractors applying herbicide to have both a pesticide business license and a commercial pesticide applicator license. There is Reciprocity between the States for the commercial pesticide applicator license. A business license is required for each State. For more information, go to the following websites:

http://www.vdacs.virginia.gov/pesticides.shtml.

https://agriculture.wv.gov/Media/Documents/Prerequisites%20- %20Reciprocity%20-%20Commercial%20Applicator.pdf

Submit a copy of the applicable licenses with your quote or proof of application for them.

WORKERS’ COMP POLICY: Both States require any contractor with employees, whether using out-of-state employees or not, to have workers’ comp insurance policies. Submit a copy of your Workers’ Comp policy with your quote. For more information go to the following website links for requirements of both States:

http://www.workcomp.virginia.gov/content/employers https://agriculture.wv.gov/Media/Documents/Licensing%20Requirements.pdf

ALL RESPONSIBLE SOURCES MAY SUBMIT A QUOTATION WHICH, IF TIMELY

RECEIVED, SHALL BE CONSIDERED BY THE AGENCY.

CONTRACTOR MUST HAVE PREVIOUS KNOWLEDGE/EXPERIENCE IN THESE

SERVICES AND MUST HAVE EQUIPMENT NEEDED IN THE PERFORMANCE OF THIS

CONTRACT.

CONTRACTOR MUST HAVE AN ACTIVE REGISTRATION IN SAM WHEN QUOTE IS

SUBMITTED

Award could be made on an individual line item basis if advantageous to the Government, see FAR Provision 52.214-22, Evaluation of Bids for Multiple Awards. Contractors may quote on single line items or all line items.

http://www.vdacs.virginia.gov/pesticides.shtml https://agriculture.wv.gov/Media/Documents/Prerequisites%20-%20Reciprocity%20-%20Commercial%20Applicator.pdf https://agriculture.wv.gov/Media/Documents/Prerequisites%20-%20Reciprocity%20-%20Commercial%20Applicator.pdf https://gcc02.safelinks.protection.outlook.com/?url=http://www.workcomp.virginia.gov/content/employers&data=02%7C01%7C%7Cee059cb11e164a7511f008d72bd2930b%7Ced5b36e701ee4ebc867ee03cfa0d4697%7C0%7C0%7C637026055719398735&sdata=HUyiAcMY2aTIa0fLX12cMw/gb5yuRu2iCTAlDrrD4f8=&reserved=0 https://agriculture.wv.gov/Media/Documents/Licensing%20Requirements.pdf

ADDITIONAL INFORMATION AND INSTRUCTIONS

SAM (System for Award Management): In order to be eligible for an award, potential contractors must comply with all requirements of FAR Clause 52.204-7, System for Award Management.

All offerors must submit the following information:

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER:

ARE YOU REGISTERED IN SAM? [ ] YES [ ] NO

HAVE YOU COMPLETED REPRESENTATIONS AND CERTIFICATIONS IN SAM?

[ ] YES [ ] NO

FARM LABOR CONTRACTOR CERTIFICATE OF REGISTRATION NUMBER:

(if applicable)

The following shall be returned with your quotation to be determined responsive:

1. Contractor’s Proposal Package which includes the following:

a. SF-1449 (pages 1-2)

b. Additional Information and Instructions (page 4)

c. Workforce Certification (page 28)

d. Representations and Certifications (page 35)

e. Experience Questionnaire, (pages 38-39).

f. Copy of pesticide business license and commercial pesticide applicator license for both States.

1. Contractor Remittance Address: All payments by the government to the contractor under this contract will be made in accordance with Electronic Funds Transfer (EFT) methods referenced in this solicitation. All required information must be in the System for Award Management (SAM) at https://www.acquisition.gov. To check on payments once a contract has been awarded, contact the Miscellaneous Payments Section of National Finance Center at 1-800- 421-0323.

2. Invoices: Invoices must be submitted thru the Invoice Processing Platform at www.ipp.gov.

Invoices shall be submitted monthly after service is performed; no advance payments will be authorized.

3. Payments: In accordance with the Prompt Payment Act, payment will be due 30 days after receipt of supplies/services or receipt of proper invoice; whichever is later. If payment is not received within 5 working days following the due date, notify the Contracting Officer’s Representative or Contracting Officer.

https://www.acquisition.gov/ http://www.ipp.gov/

Contractors are encouraged to contact PAYMENT INQUIRY at the National Finance Center

(800) 421-0323 concerning status of past due invoices.___________________________________________________________.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

DIVISION 100 - GENERAL SPECIFICATIONS

BOUNDARIES: Boundaries may not be marked. Georeferenced maps and shapefiles for units will be provided to be uploaded onto a GPS. Others may have fences, roads, timber age changes, or natural structures which were used as boundaries.

SALVAGE RIGHTS: No salvage rights exist under this contract unless agreed to in writing with District COR and only in designated units.

RE-MEASUREMENT: The Contractor may at any time after issuance of a task order request re-measurement of an area. The request must be in writing. Payment will be based on the re-measurement of the acreage, except no adjustment shall be made for areas less than one (1) acre.

The Contractor will pay for the cost of re-measurement if the re-measurement results in an increase of less than 15 percent. Method of re-measurement to be used will be determined by the Government.

PAYMENT: Payment for performed work will be based on actual work completed by the Contractor and accepted by the Government.

CONTRACTOR REPRESENTATIVE: The Contractor will provide a Contractor Representative for the performance of the work. The name of this person, who will act for the Contractor when the Contractor is absent, will be designated in writing to the Contracting Officer. The Contractor Representative will have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contractor Representative and alternate(s) must be able to read, write, speak, and understand English, and communicate with the Contractor’s employees.

PROTECTION OF IMPROVEMENTS: Any improvements damaged by the Contractor’s work will be repaired to the condition that existed prior to the start of work at the Contractor’s expense.

GOVERNMENT-FURNISHED PROPERTY: No materials or labor will be furnished by the Government unless specifically identified in the "Government - Furnished Property Clause."

RESOURCE PROTECTION STANDARDS – APPLICABLE TO MULTIPLE

ACTIVITIES

Improvements such as fences, gates, property boundaries, corner monuments and trees that are marked or identified with paint, signs, tags, and/or blazes will be protected by the Contractor.

The Contractor will notify the COR immediately of any damaged structures and repair damages that have resulted from the Contractor’s operations.

Timing of operations will be constrained as needed to avoid conflicts with recreation, Threatened and Endangered species, wet soil conditions or other time-sensitive factors.

The contractor shall take sufficient precautions to prevent pollution of lakes and streams by fuels, oils and other harmful materials. All streams will be kept free of all contractor generated debris. Before final acceptance, all trash, rubbish, and debris generated by the contractor's operation will be removed from National Forest land.

SITE VISITS

There are no scheduled site visits at this time. Special arrangements may be made to provide access for inspection prior to the opening date by contacting Meg Riddle at the North River Ranger District Office at 540-432-0187 or margaret.riddle@usda.gov.

Offerors are urged to inspect the contract areas to view current conditions.

DIVISION 200 – TECHNICAL SPECIFICATIONS

Mechanical Removal of Autumn Olive (LINE ITEM 0001) – Scope, Technical Requirements, and Location

Scope

This contract shall provide a qualified operator to operate a rubber tracked or rubber tired mastication machine (forestry mulcher) or an excavator with hydraulic thumb to mechanically remove Autumn olive and other non-native, invasive shrubs from Slate Lick Fields, on the North River Ranger District of the George Washington and Jefferson National Forests. The successful contractor will provide necessary equipment and qualified operators in order to accomplish the vegetation management objectives in the unit. The unit is relatively flat and has variable density of mature Autumn olive throughout.

Georeferenced maps (Maps A and B in appendix) and shapefiles for Unit 1 will be provided to be uploaded onto a GPS unit. The contractor will be expected to use GPS units to accurately identify unit boundaries. Individual shrubs will not be marked with paint or flagging.

Additionally, unit 1 borders will be bounded by a road, field edge, and may have flagging to denote wetland areas.

Treatments are only to be completed between the October 1, 2020 and April 1, 2021 timeframe to avoid impacts to Sensitive wildlife species. Treatments will be completed during time periods that generally limit impacts to soil resources, such as dry or frozen soil conditions.

Environmental conditions such as wet/saturated ground or standing water would limit operations.

Specifically, if heavy rutting (over 6 inches) occurs in the unit, operations shall be suspended.

Technical Requirements

The contractor shall provide transportation for all equipment, personnel, fuel, water, and supplies to the site and shall be responsible for providing the appropriate security of equipment and property left on site. Operators will be responsible for daily maintenance of equipment, and contractor will provide on-site support equipment to optimize daily production. Camping is permitted; however camp sites must be pre-approved by the COR and campsites must be maintained in accordance with Forest Service Policy. The following outlines the expected work components of this contract:

1. Mechanical removal of vegetation on 6 acres must occur between October 1, 2020 and April 1, 2021.

2. This unit shall have the NNIS shrub layer removed via mechanical means, including all autumn olive and other non-native shrubs (e.g. multiflora rose, honeysuckle) within the unit boundaries. Mechanical removal of non-native shrubs can include the following techniques:

1. Mulching all shrubs down to ground level with a rubber track-based forestry mulcher; or tired mastication machine. Fecon or hydro-axe head, large rubber tired Barko type mastication equipment or any other types of mastication equipment is acceptable; or

2. Pulling shrubs up using an excavator with hydraulic thumb and filling in stump holes. If pulled up, shrubs must be either hauled away from site for disposal or chipped on site. Resulting chips or mulch left onsite should be spread out evenly across the unit not to exceed 5 inches in depth at any point.

3. The distance from the top of ground to the top of remaining shrub stumps and stubble shall not exceed 4 inches at its highest point.

4. Standing ash snags that present a threat to operator safety can be hand felled or masticated as needed and removed from the interior of the unit.

5. A GPS system for defining unit boundary is required as part of the contract and to ensure that mechanical shrub removal was completed in the correct unit and that all the unit was treated. Documentation will be submitted for unit for proof of QA/QC, to be used for inspection, and for unit payment.

6. Contractor is responsible to haul away all trash and large debris over 5” DBH and 24” in length.

7. Contractor shall minimize soil disturbance and exposure of mineral soil to less than 10% of the treatment area.

8. Mobilization of the machine at the beginning and end of the work period is included in the project cost.

9. Contractor will provide on-site support equipment that can optimize the daily production.

This would likely be in the form of a fully equipped service truck that can provide service and repairs in the field.

10. Fuel will be provided by the contractor and will be incorporated into the price per hour. A fuel trailer or similar container that is moveable should be provided to the job site for the duration of the rental agreement.

11. Machines will be clean and free of any soil or debris and will inspected when they are brought on to FS lands.

12. Adequate signage will be placed along roadways when conducting mechanical treatments. Flaggers or personnel may be necessary to facilitate traffic use and interface with the public.

Location The contract areas are within the boundaries of the George Washington and Jefferson National Forests.

Contract area 1 is located on the North River Ranger District in northern Rockingham County, VA. The treatment unit consist of old agricultural fields and roadsides. The boundaries of the contract areas are designated on project maps provided to contractor. A key will be provided to gain access to contract areas behind locked gates. Refer to Vicinity Map (A) and Contract Area Maps (B and C).

Contract Area 1 – Slate Lick Fields/Shoemaker River Bid Item 1, 6 acres total – Mechanical NNIS removal, autumn olive

Units 1-2, begin at Fulks Run, VA (intersection of St. Rte 259 & St. Rte 612 – Hopkins Gap Rd), travel approximately 6 miles south on 612, turn right on St. Rte 817 – Genoa Rd and travel nearly 1 mile to Hog Pen Rd, turn left on Hog Pen Rd and travel 1 ¼ mile to reach Unit 1 (mechanical NNIS removal) at the far edge of the field along Hog Pen Rd.

Foliar Application of Herbicide to Mile-A-Minute Vine (LINE ITEMS 0002 & 0003) – Scope, Technical Requirements, and Location

Scope

This contract will hire a qualified contractor to apply herbicide through directed foliar application to mile-a-minute vine (Polygonum perfoliatum), an aggressive non-native invasive annual vine. Mile-a-minute vine (MAM) can grow up to 20 feet per season without treatment, and encroaches across the forest, smothering native plant communities. MAM vine is easy to recognize and has a very distinctive triangular leaf, and spines along the vine stem. Units 2-8 are infested with large patches of MAM vine at varying densities, ranging from 10% infestation in some areas, up to 75% infestation in others. In open areas, it forms dense mats that cover everything, including small trees and shrubs. Unit conditions range from flat open old field habitat with hedgerows, to mature timber stands. Mile-a-minute may grow on streambanks or near seeps and saturated soil. Special precautions must be taken to switch to a tank mixture labeled for aquatic use in these circumstances.

Portions of units accessible from roadsides would be most efficiently treated with directed foliar application from a larger mix tank with boom sprayer/hose attached to a UTV, tractor, or truck.

Areas of units unreachable by these means must be treated with directed foliar application by hand with backpack sprayers. MAM has waxy leaves, so it is important to use a non-ionic surfactant (e.g. ‘Alligare 90’ or methylated seed oil MSO) per label guidelines in all tank mixes.

Georeferenced maps and shapefiles for Units 2-4 (Slate Lick/Shoemaker 122 acs) and Units 5-8 (Sandy Ridge/Bucktail 312 acs) will be provided to be uploaded onto a GPS unit. The contractor will be expected to use GPS units to accurately identify unit boundaries. Unit borders will not be painted or flagged due to their size and variable coverage of MAM vine infestations. Contractor will be expected to treat 90% of all mile-a-minute vine growing within unit boundaries between May 1st, 2021 and June 12th, 2021.

Technical Requirements

The contractor shall provide transportation for all equipment, personnel, fuel, water, and supplies to the site and shall be responsible for providing the appropriate security of equipment and property left on site. Operators will be responsible for daily maintenance of equipment, and contractor will provide on-site support equipment to optimize daily production. Camping is permitted; however camp sites must be pre-approved by the COR and campsites must be maintained in accordance with Forest Service Policy.

Upland/Dry Conditions, no newly planted trees (in tubes) use:

Plateau™ (imazapic - manufactured by BASF EPA Reg. No. 241-365) or equivalent shall be applied in accordance with labeling and the instructions outlined below. Plateau will control annual and perennial grasses and broadleaf weed and vine species, and provide residual control of weeds which germinate in the treated area (soil activity). Certain woody species may be injured by direct application of Plateau to their foliage. Do not apply directly to water, areas where surface water is present or poorly draining soils with shallow water table.

Wetlands/Lowlands - Adjacent to streams and standing water OR Adjacent newly planted trees (in tubes) use:

Element 3A™ (triclopyr, aquatic use – manufactured by Dow AgroSciences EPA Reg. No.

62719-37) or equivalent shall be applied in accordance with labeling and the instructions outlined below. Element 3A may be used within forest sites to treat mile-a-minute vine in and around standing water, along banks of streams and ponds, and in transition areas between upland and lowland sites. It should also be applied by hand in areas with newly planted trees (hedgerow plantings) as it has little to no soil activity; no broadcast spraying over tree tubes.

1. These chemicals would be applied from the ground, utilizing a method that minimizes the risk to human and wildlife health and the environment (Forest Plan, Common Standard 113, pg. 3-134).

2. The Contractor shall use the directed foliar spray method to treat patches of mile-a-minute vine, encountered within unit boundaries only between May 1 – June 12, 2021.

Directed Foliar Spray: Herbicide will be directly applied to the foliage of the target vegetation via broadcast or low volume backpack sprayer.

3. Broadcast applications with ground equipment (fields or roadsides), apply using equipment that will assure uniform coverage of spray volumes applied. Do not broadcast spray over planted shrubs and trees (in tubes).

4. With low volume sprayers (backpack sprayers), use sufficient spray volume to obtain uniform coverage of all target plant surfaces including leaves and stems.

5. All tank mixes will include an appropriate non-ionic surfactant (e.g. methylated seed oil or Alligare 90) per label guidance for improved coverage. Foliar herbicide formulations applied within the contract area will also include a compatible marker dye. Dye is required to indicate areas that have been treated, so as not to over spray and thereby increase chemical concentrations per application area.

6. Precise tank mixes will vary between the use of Plateau (imazapic) or Element 3A (triclopyr aquatic formula), depending on surrounding vegetation or proximity to native planted hedgerows (in tubes), seeps, standing water, streams, or saturated soil.

Imazapic – Plateau ™ - Use 8 oz /acre treated, mixed in water with appropriate amount of methylated seed oil (MSO) for tank volume per label instructions.

Apply to actively growing MAM vine patches and a 10 ft buffer surrounding growing patches of vines.

Triclopyr (aquatic use)- Element 3A™ - Use 48 oz (1.5 quarts)/acre treated mixed in water with appropriate amount of surfactant for tank volume per label instructions. Apply to actively growing MAM vine leaves and stems.

7. Apply herbicides when weather conditions are in accordance with the label instructions regarding wind speed, temperature, humidity, and rainfall. Do not apply herbicide if rain is expected within 2 hours of application.

8. Application equipment, empty herbicide containers, clothes worn during treatment, and skin are not cleaned in open water or wells. Mixing and cleaning water must come from a public water supply and be transported in separate labeled containers.

9. Herbicide mixing, loading, or cleaning areas in the field are not located in sensitive areas, or within 200 feet of private land, open water, streams or wells.

10. The contractor shall thoroughly agitate the herbicide before applying. The herbicide solution will be agitated as instructed in labeling materials for Plateau (imazapic) and Element 3A (triclopyr – aquatic formula) or the equivalent herbicide products.

11. No other chemical shall be added to spray mix without approval from the COR.

12. Access will be by existing roads/trails and no new roads or temporary developments will be constructed.

Application.

1. Certification – The contractor shall have a representative who holds a current pesticide use applicator license in the State of Virginia (Slate Lick/Shoemaker Area) and or the State of West Virginia (Sandy Ridge/Bucklick Area) to supervise the project and at least applicator must be certified.

2. Records- The Contractor shall maintain an accurate record of the herbicide used on each unit. After completing the contract the Contractor’s Project Supervisor will submit the records with the information to the COR

3. Before beginning treatment in an area, the COR or designated inspector and the Contractor’s representative will walk through the area to review special conditions or area to avoid during spraying.

4. Application of spray material shall be confined to the designated spray area Safety.

1. The Contractor or his Project Supervisor shall report all accidents or incidents associated with this contract to the Contracting Officer within 24 hours. This report shall contain description, cause, and future actions contemplated to avoid future occurrences.

2. Accidents, as used throughout this contract shall mean destruction or substantial damage to any motorized vehicle, and minor, serious, or fatal injury to personnel.

3. Incidents, as used throughout this contract shall mean any mishap, malfunction, or situation involving equipment or personnel, which results in a deviation from standard procedures or has the potential of resulting in an accident, injury, or death.

4. The Contractor shall comply with all Federal and State regulations for spraying herbicide.

5. The following safety rules will apply for both hand and mechanical applications:

1. Read the safety information on the label.

2. Wear the proper protective clothing.

3. Keep first aid equipment and a supply of clean water readily available, including soap and eye wash equipment meeting OSHA regulations.

4. Do not work alone.

5. Haul only the needed amount of herbicide

6. Stand upwind from the spray projects to avoid contaminating yourself.

7. Keep the container below eye level when pouring to avoid splashing or spilling any herbicide on the face or into the eyes.

8. If herbicides are spilled, stop immediately, wash contaminated area, and remove contaminated clothing.

9. Wash hands after applying herbicides before eating or smoking.

Care and Handling of Herbicide. The Contractor shall be responsible for the security of all herbicide, equipment, and materials furnished for this project. The Contractor shall protect the herbicide and take precautions to prevent loss or theft while it is in his custody. These measures shall include, but are not limited to the following:

1. The herbicide shall not be allowed to freeze.

2. Containers shall not be damaged to the extent that herbicide leaks are likely to occur.

3. The Contractor shall take precautions to prevent spills during transportation, mixing, and handling.

4. Personnel handling herbicides shall wear protective clothing and or equipment as recommended by the herbicide manufacturer. The contractor will provide soap and water for personnel to wash with on the job site.

5. Herbicides shall not be applied or equipment cleaned outside of areas designated by COR.

6. Sites selected for mixing, loading, and cleaning of equipment shall be located to prevent contaminating streams, ponds, or spring seeps. The Forest Service will approve all such locations.

Transportation of Herbicides. – Contractor is legally responsible for the safe transportation of herbicides. Contractor shall follow travel routes designated by the COR when transporting herbicides from the public road system to the treatment sites. Transport vehicles shall be parked inside the treatment site in an area designated by the COR.

Transportation of chemicals used on this contract shall be in accordance with label instructions and generally approved and accepted procedures for safe transportation of herbicides. The following precautions as a minimum shall be taken by the Contractor to prevent spills, accidents, injury, or theft.

1. Transport herbicides in the cargo compartment of a truck or other vehicle away from the passenger compartment.

2. No personnel shall be permitted to ride in the back of a vehicle with the herbicide.

3. Herbicide shall not be transported in the same compartment with food or clothing.

4. If any herbicide is spilled in or from the vehicle, it shall be cleaned up at once.

5. Maintain herbicides in secure conditions.

Herbicide Spills. Contractor shall be responsible for all costs for damages, clean up and decontamination should an herbicide spill occur. If a spill occurs, every effort shall be made to keep it from contaminating water and other off-site areas. The spill shall be cleaned up as quickly as possible. Herbicide spills shall be handled in accordance with the standard procedures for spill clean up (40 CFR 117).

1. The Contractor must have a spill prevention and clean-up plan approved by the COR prior to starting work. Herbicide wasted through spills greater than 5 gallons of diluted product, or 1 quart of undiluted product must be reported to the COR and the appropriate state and federal agencies immediately. This report shall contain description, cause, and future actions contemplated to avoid future occurrences.

Storage and Security – The Contractor shall be responsible for the storage and security of all government supplied materials furnished for this project when transporting and using the materials.

Disposal of Herbicide Containers. All empty containers will be rinsed 3 times, and rinse solution will be applied to the treatment site. Empty containers will be punctured and disposed of properly (according to label directions) by the Contractor. No empty containers will be left at the worksite.

Resource Protection. Upon completion of work at each area and prior to moving to the next area, all trash, rubbish, and debris generated by the Contractor’s operations shall be removed from National Forest land and properly disposed of.

Protection of Improvements. The Contractor shall take every precaution necessary to prevent damage to any improvement in or near the contract areas, i.e., roads, trails, ditches, fences, etc. The Contractor shall be liable for any damages caused by his operations and shall make repairs promptly.

Location The contract areas are within the boundaries of the George Washington and Jefferson National Forests.

Contract area 1 is located on the North River Ranger District in northern Rockingham County, VA. The treatment units consist of old agricultural fields (Unit 2) and mature timber stands (Units 3 & 4). Contract area 2 is located on the Lee Ranger District in Hardy County, WV. These treatment units consists of roadsides, wildlife openings, and mature timber stands. A key will be provided to gain access to contract areas behind locked gates. Refer to Vicinity Map (A) and Contract Area Maps (B- E).

The boundaries of the contract areas are designated on project maps provided to contractor. A key will be provided to gain access to contract areas behind locked gates. Refer to Vicinity Map and Contract Area Maps.

Contract Area 1 – Slate Lick Fields/Shoemaker River Bid Item 2, 122 acres total – Foliar herbicide treatments, mile-a-minute vine

Unit 2, begin at Fulks Run, VA (intersection of St. Rte 259 & St. Rte 612 – Hopkins Gap Rd), travel approximately 6 miles south on 612, turn right on St. Rte 817 – Genoa Rd and travel nearly 1 mile to Hog Pen Rd, turn left on Hog Pen Rd and travel ¾ mile to Unit 2 (broadcast foliar NNIS field treatments).

Units 3 and 4 are accessed directly off St. Rte 612. From intersection of St. Rte 259 & St. Rte 612 – Hopkins Gap Rd), travel approximately 5 miles south on 612 to reach the north end of Unit 3, which follows 612 south on both sides of the road. Unit 4 is further south on 612, 1 mile past the intersection of 612 and 817 (Genoa Rd), at the intersection of 612 and 555 (Cherokee Ln).

Contract Area 2 – Sandy Ridge/Bucktail Bid Item 3, 312 acres total – Foliar herbicide treatments, mile-a-minute vine

Units 5-7, begin at Wardensville, WV (intersection of St. Rte. 55 and 23-10 Trout Run Road), travel west on St. Rte. 55 for approximately 2 miles, turn left onto FSR WV344 Squirrel Gap Rd, travel approximately 1 ½ miles south and you will arrive at Unit 5. To reach Units 6 and 7, travel ½ mile back north on WV344 and turn right at the intersection of WV344 and FSR WV1720.

Units 6 and 7 lie along WV1720, with Unit 7 begining at the end of the road which is approximately 2 ½ miles. The western portion of Unit 7 can also be reached from WV344, 2 ½ miles south of Unit 5.

Unit 8 (Bucktail), begin at Wardensville, WV (intersection of St. Rte. 55 and 23-10 Trout Run Road), travel west on 23-10 about 6 miles, turn left on FSR WV521 and travel approximately 2 miles to the intersection with FSR WV521A, the turn left on WV521A and travel ¼ mile to Unit 1.

Camp Run Pine Tree Removal (LINE ITEM 0004) – Scope, Technical Requirements, and Location

Scope

Camp Run Savannah is an old, mostly flat agricultural field adjacent to Camp Run that has grown up over the years with Virginia pine, white pine, and some scattered cedar and hardwood trees. The goal for this area is to create an open savannah condition, by removing a portion of the trees and stumps, to increase sunlight back to the field on 6 acres. Trees to be removed will be marked with paint slashes and are to be stacked or windrowed in designated areas on site.

Virginia pines represent most of trees to be removed and average about 6-10” DBH.

Approximately 1/3 of Virginia pine are dead snags. Some white pine, hardwood, and cedar trees will also be marked for removal and range in size from 4”-16” DBH. Approximately 25 trees per acre will be removed from the site (up to 150 trees). Pushing of whole trees with stumps is the preferred method, though felling trees by hand and mechanical windrowing and removal of residual stumps could achieve the same results.

Technical Requirements

1. All marked Virginia pine, white pine, cedar, and hardwood trees within the unit are to be removed, including stumps on 6 acs.

2. All felled/pulled trees are to remain on site, stacked in windrows in areas specified by

COR.

3. All trees shall be pulled/felled in such a manner as to avoid damaging trees which are to remain.

4. Stump holes are to be smoothed out to best degree possible to achieve level ground.

5. There are approximately 25 trees/acre to be removed and stacked.

6. No tree removal will occur within 50 ft buffer of intermittent stream or roadside.

7. Care is to be taken to protect any redbud, dogwood, or other native soft mast tree/shrub found within the area, regardless of size.

8. Contractor shall minimize soil disturbance and exposure of mineral soil to less than

10% of the treatment area.

9. Mobilization of the machine at the beginning and end of the work period is included in the project cost.

10. Contractor will provide on-site support equipment that can optimize the daily production. This would likely be in the form of a fully equipped service truck that can provide service and repairs in the field.

11. Fuel will be provided by the contractor and will be incorporated into the price per hour. A fuel trailer or similar container that is moveable should be provided to the job site for the duration of the rental agreement.

12. Machines will be clean and free of any soil or debris and will inspected when they are brought on to FS lands.

Location

The contract area is within the boundaries of the George Washington and Jefferson National Forests. Contract area 3 is located on the North River Ranger District in northern Pendleton County, WV. The treatment unit consist of a old agricultural field grown in with trees (Unit 9). A key will be provided to gain access to contract areas behind locked gates. Refer to Contract Area Maps (E).

Contract Area 3 – Camp Run Savannah Bid Item 4, 6 acres total – Mechanical pine removal and windrowing

Unit 9, begin at Brandywine, WV and head northwest on US highway 33 for 3 ½ miles, turn right on Sweedlin Valley Road. Follow for 9 ¾ miles to slight right on Camp Run Rd. (Heavy machinery will unload at this point). Follow Camp Run Road 1 mile, past reservoir and Unit 1 is on the right (old agriculture field).

DIVISION 300 – INSPECTION AND ACCEPTANCE

310 – Inspection Procedures. Inspections of the work performed under this contract will be made as the work progresses by the Contracting Officer’s Representative (COR) or the designated Inspector. Inspection will be at intervals necessary to insure compliance with the contract.

320 – Satisfactory Treatment. It is inherent that some trees will be improperly treated and some degree of allowance should be made for improper treatment when the area is otherwise considered satisfactory. Therefore, an allowance will be made for acceptance of an area as satisfactorily treated if at least 95% of the designated trees or unit area has been treated in accordance with the contract specifications.

DIVISION 400 – MEASUREMENT AND PAYMENT

410 – Method of Measurement. Acreage listed in the bid schedule was determined by GPS for this contract is considered actual acreage.

The acreages shown in the Schedule of Items have not been reduced to account for inclusions which are unsuitable for spraying due to standing water or buffer strips (described in section 220 (c) above). Though some of these inclusions exist within the project area, no reduction will be made in the contract payment to account for them.

If the contractor requests a remeasurement of any unit and the results of the remeasurement show that the acreage is more than 15% different from original measurement, the Government will pay at the unit price for the number of acres shown on the remeasurement and the cost of the remeasurement itself. If, however, the remeasurement shows the acreage to be within the 15% allowable variation, payment will be for the original acreage for that unit and the contractor will pay for the cost of the remeasurement. The Forest Service will determine the method of remeasurement.

The Forest Service will perform all remeasurements.

420 – Basis of Payment. Payment will be made at the unit bid price for the total number of acres satisfactorily completed and accepted.

HERBICIDE STANDARDS COMMON TO ALL METHODS OF APPLICATION

The contractor shall apply herbicides in accordance with the label directions.

The specific herbicide that will be used within a treatment area and its application rate shall be determined by the Forest Service.

Basal bark herbicide formulations applied within the contract area will include a compatible dye.

No herbicide is broadcast within 100 feet of private land or within 300 feet of a private residence except as directed by the COR.

Application equipment, empty herbicide containers, clothes worn during treatment, and skin are not cleaned in open water or wells. Mixing and cleaning water must come from a public water supply and be transported in separate labeled containers.

Herbicide mixing, loading, or cleaning areas in the field are not located in sensitive areas, or within 200 feet of private land, open water or wells.

Pesticide mixing, loading, or cleaning areas in the field are located at least 50 feet from ephemeral streams.

The herbicide solution will be agitated as instructed in labeling materials for the herbicide product.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

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

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may-

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

SECTION F--DELIVERIES OR PERFORMANCE

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

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

www.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work within the Periods of Performance as stated in the Schedule of Items. The time stated for completion shall include final cleanup of the premises.

http://www.acquisition.gov/far/

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at: a location that is mutually agreed upon between the contractor and the COR.

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of award.

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.

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. If the COR persists and there still exists a disagreement as to proper contractual coverage, the contracting officer should be notified immediately, preferably in writing if time permits.

Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

The contractor shall work during normal working hours of the week, Monday through Friday. Weekend and holiday work is allowed but must be coordinated and approved by the COR to ensure timely inspections of completed work.

Employment of Eligible Workers

1. Labor standards for contracts involving H-2B workers or migrant and seasonal agricultural workers

1. General

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

If workers are hired under the H-2B program, (8 CFR Section 274A provisions of the Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S.

to perform temporary labor or services) a Temporary Employment Certification issued by the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration is required. For further information on the requirements of the H-2B program, visit OFLC's website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour's website at http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm.

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

2. Definitions

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

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

1. A worker, moving from one seasonal activity to another, is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year.

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

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

Spouse http://www.dol.gov/whd/mspa/index.htm http://www.dol.gov/whd/mspa/index.htm http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm

Children, stepchildren, or foster children Parents, stepparents, or foster parents, or Brothers and sisters

3. Farm Labor Contractor (FLC). As used in this part means a person including an individual, partnership, association, joint stock company or a corporation, who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

3. Registration Requirements

1. Any contractor providing or hiring H-2B nonimmigrants for work under this contract shall provide a copy of their Temporary Employment Certificate.

General information about the H-2B program can be found on Fact Sheet # 78 at http://www.dol.gov/whd/regs/compliance/whdfs78.htm. Contractors can apply for the certificate through the US DOL Employment & Training Administration's on line iCERT Visa Portal System at https://icert.doleta.gov/ or by paper application.

2. Any contractor who meets the definition in (2.c.) above providing or hiring migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Federal DOL Farm Labor Contractor Certificate of Registration (http://www.dol.gov/whd/forms/fts_wh530.htm). The contractor shall carry the certificate at all times while engaged in contract performance and shall display it upon request. Any of the contractor's employees who perform any one or more of the activities defined as an FLC in paragraph (2.c.)

must have their own FLC Employee Certificate. General information about MSPA can be found on Fact Sheet #49 at DOL Wage and Hour Divisions webpage http://www.dol.gov/whd/regs/compliance/whdfs49.htm.

4. Certifications

The Contractor shall provide applicable H-2B Temporary Employment Certificate and/or Farm Labor Contractor Certificate as part of their representations, certifications, and acknowledgements. Subcontractor(s) meeting the definitions above shall follow the same requirements as the Prime Contractor. It is the Prime Contractor's responsibility to ensure the Subcontractor's information is provided to the Contracting Officer.

5. Worker Protections

1. Worker…