Sol_12569R20Q0021.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

540B

OSCODA MI 48750-1595

5761 N SKEEL

HURON SHORES RANGER STATION

USDA FOREST SERVICE

540E CODE 16. ADMINISTERED BYCODE

X

X

X

325320

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR569R

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/17/2020 1400 ET

04/08/2020

989-739-0728 ext: 3010DEBRA BRINN (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12569R20Q0021

5. SOLICITATION NUMBER

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

1 2 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

MANISTEE MI 49660-9999

412 RED APPLE ROAD

MANISTEE RANGER STATION

USDA FOREST SERVICE

15. DELIVER TO

RHINELANDER WI 54501

500 HANSON LAKE RD

LAKE STATES ACQUISITION TEAM

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,000

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.

HM - Black Locust Herbicide Project Delivery: 12/31/2023

0001 HM - Black Locust Herbicide Project 36.3 acres.

Initial treatment plus two follow-up treatments.

Product/Service Code: F105 Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- PESTICIDES SUPPORT

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

DEBRA K. BRINN

. 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.

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: 05/01/2020 to 12/31/2023

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

12569R20Q0006

Continuation of SF1449 Block 27: The full text of a Federal Acquisition Regulation (FAR) or Department of Agriculture Acquisition Regulation (AGAR) clause or provision may be accessed electronically at http://www.acquisition.gov/far/

The Government may issue multiple orders, an order to other than the lowest quote or elect not to award at all. The government intends to award without discussions however the government reserves the right to clarify information provided on quotes. If necessary, the Government may conduct discussions with any or all quoters. It is in the quoter’s best interest to fully respond to the Experience Questionnaire since an order may be issued on the basis of information received, without further discussion.

Schedule of Items

DESCRIPTION Quantity Unit Unit Price TOTAL PRICE NNIS Treatment – Initial Treatment 36.3 Acre $

NNIS Treatment – Second Treatment 36.3 Acre

NNIS Treatment – Third Treatment 36.3 Acre $ $__________

Total Base and all Options: $__________

STATEMENT OF WORK

SCOPE OF WORK:

The purpose of this contract is to treat 36.3 acres of black locust, autumn olive and non-native honeysuckle.

Initial treatments will occur within 2 years of award, with 50% of the initial treatments completed by December 31, 2020. There will be two follow-up treatments of any re-sprouts or seedlings within two years of the initial treatment. Both follow-up treatments should be completed by December 31, 2023.

The Contractor shall provide all expertise, labor, supervision, services, materials other than government furnished, equipment, tools, supplies, transportation, licenses, permits, worker personal protective equipment (PPE), and incidentals necessary to perform the required work, for which the desired outcome is in strict accordance with the standards of the contract. The contractor must be registered with the Department of Labor under the Migrant and Seasonal Workers Protection Act or certify that the Act does not apply. The Contractor shall follow all State and Federal regulations, including OSHA guidelines.

The Huron-Manistee National Forest will provide herbicide(s,) methylated seed oil (MSO), adjuvants, and herbicide dye as needed, dependent upon which treatment type the Contractor uses.

Herbicide will be applied using either the cut stump or basal bark technique. For the cut-stump technique, a maximum of 10 buckthorn blasters will be furnished by the government. For the basal bark technique a maximum of four backpack sprayers will be furnished by the government. If more equipment is needed, it shall be furnished by the contractor. Both glyphosate and triclopyr will be available. No more than 30 gallons combined will be provided. If the basal bark technique is used, no more than 90 gallons of MSO will be provided.

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

Acreages listed were determined by Global Positioning Systems (GPS) in conjunction with Geographic Information Systems (GIS).

LOCATION: The areas are located within the boundaries of the Huron-Manistee National Forest in T23N, R12W Sections 25 and 26, Springville Township, Wexford County, Michigan. Item 1, which is FR 5036, is accessed by turning east on 24 Road from M-37, and turning north on FR 5036 from 24 Road. Items 2 and 3 are located along FR 5036.

GENERAL WORK DESCRIPTION:

Acres Location Treatment Species

12 FR 5036 from 24 Road north to FR 9881/9771 (approximately 1.5 miles)

Black locust, Autumn olive, Non-native honeysuckle(s)

16 Compartment 52 Stand 3 Black locust

8.3 Compartment 52 Stand 61 Black locust

BOUNDARIES: Most boundaries have previously been marked by two orange paint slashes on sides of trees.

SALVAGE RIGHTS: No salvage rights exist under this contract.

NON-PERFORMANCE: Failing to treat black locust, autumn olive, or honeysuckle using one of the required methods will be considered non-performance. If non-performance cannot be remedied (i.e. reworked), payment for the pertinent acres will be forfeited and damages may be assessed. See the Performance Requirements/Quality Assurance Plan for specific information.

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

CONTRACTOR REPRESENTATIVE: The contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who shall act for the contractor when the contractor is absent shall be designated in writing to the contracting officer. The contractor representative or alternate shall 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 effectively communicate with their crew members.

CONTRACT TIME AND SEASONAL RESTRICTIONS: Treatment timing will depend on treatment used.

Foliar applications will be implemented when the target species is actively growing and fully leafed out, typically from mid-June through the end of September, but will vary depending on the year’s weather.

Cut stump treatments will be implemented either before bud break or after the target species is fully leafed out, typically from mid-June through March, avoiding the time from when leaves begin to emerge until they are fully formed.

Basal bark applications may be made year-round as long as the base of the stem is unobstructed by snow or water and the bark is not saturated.

Contractor will notify COR upon award of Contract when they anticipate completing the contract acres.

After receiving a contract, coordination with the COR on a work schedule is critical, as work will commence no later than 10 days after receiving a Notice to Proceed, unless other arrangements are made in advance.

Contractor needs to compete 50% of the contract acres by September 1 of the Option 1 year. Both Options 1 and 2 shall be completed by December 31, 2021 unless agreed upon with the COR.

Arriving crews will give a minimum of 3 days’ notice to COR. Departing work crews will notify COR AT

LEAST 24 hours before leaving, preferably sooner.

A. VEGETATION MANAGEMENT TREATMENT STANDARDS

RESOURCE PROTECTION, USE AND MAINTENANCE OF IMPROVEMENTS: The Contractor shall use every precaution necessary to prevent damage to public and private Property.

1. Protection of Land Survey Monuments: The Contractor shall protect all known survey monuments, witness corners, reference monuments, bearing trees, and boundary line trees against avoidable destruction, obliteration, or damage during the operation.

2. Refuse Disposal: Papers, cans, bottles, or other refuse resulting from the Contractor's operations shall be removed from National Forest lands.

3. Erosion Control: The Contractor shall (1) avoid operating equipment when soil conditions are such that excessive damage will result; (2) construct erosion control structures as needed to control erosion problems caused by the operation; and (3) repair promptly any existing erosion control structures damaged by the operation.

4. Protection of Cultural Resources: Discovery of historic sites, buildings, objects, and properties by either the Government or the Contractor shall promptly be reported to the other party.

5. Protection of Improvements: When the Contractor's operations are adjacent to private property, railway property, utility company property, or other property, work shall not begin until all necessary arrangements to prevent damage have been taken by the Contractor. In the event of damage to private fencing improvements, the improvement must be restored immediately to the same or better condition that existed prior to the start of the work. In the event of interruption to utility services because of accidental breakage or as a result of lines being exposed or unsupported, the Contractor shall promptly notify the proper authority and shall cooperate with that authority in the restoration of service.

6. Protection of Reserve Trees and Excluded Trees: Reserve trees and excluded trees shall be protected from damage or destruction in the Contractor's operations. Damage includes any injury to the living crown, bole or roots of reserve trees. Reserve trees are non-target tree species.

7. Prevention of Oil Spills: The Contractor shall take appropriate prevention measures to insure that any spill of oil or oil based products do not enter any stream or other waters.

8. Fire Prevention and Control: Warming fires will not be permitted except when leaves are wet or a place cleared of flammable material is used. If conditions warrant, the Government may prohibit fires. All fires must be completely extinguished before leaving.

9. Protection of waterways, streams, and aquatic features: Care will be taken to avoid herbicide entering any aquatic features. Only chemicals approved for aquatic use in or adjacent to streams shall be used adjacent to waterways and wetlands. Other EPA approved herbicides may be acceptable with prior approval of the COR.

B. ITEMIZED TECHNICAL SPECIFICATIONS

Herbicide Applications- Standards for ALL Herbicide Applications

• Contractor is responsible for obtaining labor, supplies other than government furnished, storage, permits, licenses and certifications required for completion of Herbicide Applications under this contract and as set forth by the Michigan Department of Agriculture and Rural Development

• Contractor shall follow all manufacturer’s label directions and industry standards for application of herbicides.

• Applications of herbicide will be directed so damage will not be done to non-target vegetation.

• Weather is to be monitored and the project could be suspended if temperature is greater than 95 degrees, humidity is less than 30%, wind is at/or above 10 MPH or significant precipitation is forecast in the next 24 hours.

Basal oils – Basal bark treatments and some cut-stump treatments require basal oil to be used in the herbicide mixture. Only commercially available basal oils can be used for this contract. The labels may list Diesel fuel, No. 1 or No. 2 fuel oil, or kerosene as options, but they will not be used under this contract. Any commercially available basal oil that is labeled for the appropriate site/application/mix may be approved by the COR.

Colorants- A colorant (also called dyes or spray pattern indicators) will be required to be used in the mixture for all herbicide task items unless approved otherwise by COR. Use of a colorant helps to facilitate appropriate application and inspection. Certain colorants are labeled for oil mixtures while others are labeled for water based mixtures. Any commercially available colorant that is labeled for the appropriate site/application/mix may be approved by the COR. Some basal oils have dye already added and would not need an additional colorant.

Mixing- The amount of each item required will be within the ranges set by the herbicide and other product labels. The Contractor will mix herbicides in accordance with the label. The Contractor is responsible for the cleanup of any spills and will notify the COR immediately of any spills. The Contractor must have herbicide labels and Material Safety Data Sheets (MSDS or the new SDS) for all chemicals on site.

Warning Signs - The Contractor will post caution/warning signs at any entry point (road or trail) around the sprayed areas that lists the herbicide and active ingredient being used.

Herbicide Use Log - The Contractor will be required to use the Herbicide Application Daily Use Log (exhibit 1 of this document) on a daily basis to maintain accurate records of work activities and chemicals applied in treatment areas. The Herbicide Application Daily Use Log will be required to be given to the COR at the completion of each stand/unit or on a schedule determined by the COR.

Licensed Pesticide Applicator- Herbicide handling and application shall be performed by a licensed Michigan Commercial Pesticide Applicator. Applicators must be certified in either Category 2 Forest Pest Management or Category 6 Right-of-Way Pest Management. The contractor is required to employ Commercial Pesticide Applicators with sufficient knowledge to accurately identify species named for treatment and any species added to the list by the COR. The contractor will be responsible for the necessary training for crew members to accurately perform their duties.

Target Species - Unless indicated by the COR the following will be considered the target/undesirable species:

black locust (Robinia pseudoacacia), autumn olive (Elaeagnus umbellata), and non-native honeysuckles (Lonicera maackii, L. tatarica, L. morrow, etc.).

Basal Bark Application:

Spray the bottom 12-15 inches of stems in a manner that thoroughly wets the lower stems of a plant but not to the point of runoff. All stems of the target species must be sprayed so that all sides of each stem is sprayed. If an individual plant has multiple stems, each stem must be sprayed so that the herbicide is applied to all sides of all the stems.

Allowable herbicides for treatment of Black locust, Autumn olive, or Non-native honeysuckles:

- Aminopyralid diluted to a 0.5 - 5% solution in a basal oil carrier

- Triclopyr ester diluted to a 20-30% solution in a basal oil carrier

Cut Stump Herbicide Application:

Cutting shall be done with hand cutting tools, such as brush axes or chainsaws. All undesirable stems shall be completely cut below the lowest live limb and within 6 inches of the ground. Undesirable stems smaller than 3 inches in diameter can be cut up to 6 inches above the ground so that both sides and the cut surface may be treated. Undesirable stems greater than 3 inches in dimeter should be cut as close to the ground as possible and the cambium (the thin layer inside the bark) should be treated in its entirety and to the point of saturation. The stump shall be treated with herbicide immediately after cutting (within 5 minutes) using the cut stump method as directed by the herbicide label.

Allowable herbicides for treatment of Black locust, Autumn olive, or Non-native honeysuckles:

- Aminopyralid diluted to a 10% solution in a water carrier

- Glyphosate diluted to a 25-50% solution in a water carrier

- Triclopyr ester diluted to a 20-30% solution in a basal oil carrier

Foliar Herbicide Application:

Spray the leaves of plants until leaves are thoroughly wet or as directed by the herbicide label.

Allowable herbicides for treatment of Black locust:

- Aminopyralid applied at a rate of 7 fluid ounces per acre in a water carrier

Allowable herbicides for treatment of Autumn olive or Non-native honeysuckles:

- Aminopyralid applied at a rate of 7 fluid ounces per acre in a water carrier

- Glyphosate diluted to a 5% solution in a water carrier

C. GOVERNMENT FURNISHED PROPERTY, MATERIALS, SERVICES

The Government will furnish the following: Vicinity maps that show the general location of each unit.

Herbicide(s,) methylated seed oil (MSO), adjuvants, and herbicide dye as needed, dependent upon which treatment type the Contractor uses.

D. CONTRACTOR FURNISHED ITEMS/SERVICES

The contractor shall furnish all the equipment, supplies other than government furnished, and labor required to perform this Performance Work Statement. The contractor shall also provide proof that the work meets the standards. Contractor shall provide all supplies other than government furnished, necessary for herbicide application and proof of State license for herbicide handling and application.

E. PERFORMANCE WORK STATEMENT TASKS AND CRITICAL SUBTASKS

The following tasks are to be performed in accordance with the technical specifications.

Submittals. The contractor shall provide the following submittals:

5.1 Progress Schedule. The contractor shall prepare and submit to the COR a Progress Schedule showing the order in which the contractor will perform the work, the techniques and equipment the contractor plans to use, and the dates on which the contractor contemplates starting and completing each task. Contractor shall provide a written Progress Schedule for review and approval at the pre-work meeting.

Contractor must complete initial treatment of 50% of the contract acres by December 31, 2020. All initial treatments must be completed by December 31, 2021

Second treatments (re-treatments plus treatment of newly germinated seedlings) must be completed by December 31 of the year following the initial treatment year, i.e. if initial treatment occurred in March 2020, the second treatment would need to be completed by December 31, 2021. Second treatments should not occur until there is sufficient evidence that the initial treatment was unsuccessful, such as the appearance of sprouts or leaves on stems that had previously been treated.

Third treatments (re-treatments plus treatment of newly germinated seedlings) should occur at least one year after the initial treatment. Third treatments should not occur until there is sufficient evidence that the second treatment was unsuccessful, such as the appearance of sprouts or leaves on stems that had previously been treated. Third treatments should be completed by December 31, 2023.

Examples of possible treatment schedules

Initial Treatment Second Treatment Third Treatment

March 15, 2020

August 23, 2020 Stems that were treated in March re-sprouted so re-sprouts were treated using the basal bark technique and seedlings were foliar sprayed.

June 3, 2021 Stems that were treated in

August 2020 re-sprouted so re-sprouts were treated using the basal bark technique and seedlings were foliar sprayed.

June 20, 2020

July 30, 2021 Stems that were treated in

June 2020 have re-sprouted so re-sprouts were treated using the cut stump technique and seedlings were foliar sprayed.

September 1, 2022 Stems that were treated in

July 2021 have re-sprouted so re-sprouts were treated using the basal bark technique and seedlings were foliar sprayed.

September 30, 2021

June 6, 2022 Stems that were treated in September 2021 have re-sprouted so re-sprouts were treated using the cut stump technique and seedlings were foliar sprayed.

June 6, 2023 Stems that were treated in

June 2022 have re-sprouted so re-sprouts and seedlings were foliar sprayed.

5.2 Safety Plan – Contractor shall provide a written, job-specific Safety Plan identifying and addressing site specific hazards including mitigation measures, for review and approval at the pre-work meeting. The Safety Plan should include, but is not limited to, how to minimize herbicide drift, what to do in case of an herbicide spill, etc.

5.3 Pesticide Licensing. The contractor must submit a copy of the valid Michigan Commercial Pesticide Applicator Certification for each employee or subcontractor who will be applying herbicides prior to initiating any herbicide application.

QUALITY ASSURANCE SURVEILLANCE PLAN

This Quality Assurance Surveillance Plan (QASP) has been developed pursuant to the requirements of the Performance Work Statement (PWS) in this contract. This plan sets forth procedures and guidelines that will be used in evaluating the technical performance of the contractor. This plan does NOT relieve the contractor of their responsibility to practice proactive quality control.

A. PURPOSE OF THE QASP

The QASP is intended to accomplish the following:

• Define the roles and responsibilities of participating government officials and the contractor;

• Identify the types of work to be performed and the inspections to be performed to validate adequacy

• Describe the evaluation methods that will be employed by the government in assessing the contractor’s inspection program and performance to the quality/performance standards required for each task;

• Provide copies of the contractor’s inspection records and Government quality assurance monitoring forms that will be used by the government in documenting and evaluating the contractor’s performance;

• Describe the process of performance documentation.

The contractor is responsible for performing inspection services pursuant to the inspection clause and for providing and maintaining the inspection forms, approved by the government, to perform the contractor’s inspection services.

The contractor has represented themselves, to be responsible for meeting the prescribed quality/performance standards in the statement of work.

B. ROLES AND RESPONSIBILITIES OF GOVERNMENT OFFICIALS

The Contracting Officer’s Representative (COR) will be designated upon award of the contract. The COR’s roles and responsibilities will be listed on their designations and include the following: monitoring, assessing, recording, and reporting on the technical performance of the contractor on the schedule of inspections submitted by the contractor and approved by the government. The COR will either witness the contractor’s performance of the inspections performed by the contractor or will evaluate the contractor’s inspection results as to documented findings relative to meeting the standards for each task/subtask within the statement of work. The COR will have primary responsibility for completing quality assurance monitoring forms which will be used to document the inspection and evaluation of the contractor’s work performance.

The Contracting Officer (CO) will have overall responsibility for overseeing the contractor’s performance and for the day-to-day monitoring of the contractor’s performance in the areas of contract compliance, contract administration, cost control, and property control; reviewing the COR’s assessment of the contractor’s performance;

and resolving all differences between the COR’s and the contractor’s version.

C. TYPES OF WORK TO BE PERFORMED/SCHEDULE OF INSPECTIONS

This contract calls for the contractor to perform the following tasks and subtasks and to perform inspections at the completion of the tasks/subtasks as a minimum and or for intermediate inspections as determined at contract award by the COR/CO. The contractor’s quality control plan/schedule will be modified accordingly and will be one of the basis for the award of the contract.

Task When To Be Inspected

What To Be Inspected Documentation Inspection Type

ALL

As work is being performed and upon completion/prior to invoice.

Compliance with Performance Work

Statement.

1) Contractor Records

2) COR Daily Diaries

Random/Periodic/ 100%

D. METHODS OF SURVEILLANCE

The government will monitor the contractor’s performance on a continuous basis. The methods the government will use are identified above. The COR will first verify the results of the contractor’s inspection, completeness and adequacy of the documentation of the contractor’s inspection results. The government COR will perform periodic independent inspections. The contractor shall be required to rework/repair or replace the effort until the quality/ performance standard is achieved. Inspections will be performed to the schedule submitted by the contractor and approved by the government. Variances from the schedule must be pre-approved by the CO – submit requests to Primary COR.

E. QUALITY ASSURANCE (QA) FORMS AND REPORT

1. The COR will use a quality assurance monitoring form to document and evaluate the contractor’s performance under the contract. This can consist of a Form, a Memo for record or an entry in a daily or weekly diary. The form when completed will document the COR’s understanding of what the contractor was supposed to do, what was actually done, and the impact or consequences of what was done. The documentation will also identify the additional steps required of the contractor if there is a nonconformance.

2. The COR will judge each event in accordance with the performance standards and performance requirements stated in the Quality/Performance Requirements stated in the contract either in section 5 of the Statement of Work (SOW) or in section 7 of the SOW.

3. The COR must substantiate all tasks which he judges to be indicative of “unacceptable” performance.

Performance at the “acceptable” level is expected and need not be substantiated.

4. In accordance with Section C above, the contractor shall furnish (weekly, at a minimum) to the COR copies of all inspection forms generated by the contractor witnessing inspections performed. The COR will forward copies of all completed QA monitoring forms to the CO and contractor inspection records prior to processing payments. The contractor is required to respond in writing to any negative QA monitoring form(s) within 5 working days after receipt of the form(s).

F. ANALYSIS OF SURVEILLANCE RESULTS

1. The CO will review each QA monitoring form prepared by the COR. When appropriate, the CO may investigate the event further to determine if all the facts and circumstances surrounding the event were considered in the COR’s opinion outlined on the forms. The CO will immediately discuss every event receiving a substandard rating on the forms. The CO will immediately discuss every event receiving a substandard rating with the contractor to assure that corrective action is promptly initiated.

2. Upon completion of the contract the COR will perform a performance evaluation of the contractor using the results documented as above and provide to the CO for further action.

PERFORMANCE REQUIREMENTS SUMMARY

Task Quality/Performance Standard

Acceptable Quality Level

(AQL)

Inspection Type

Penalty/Disincentive Incentives

ALL Work performed meets the specifications contained within the Performance Work Statement minimum AQL is 90%*

*examples:

Herbicide – minimum of 90% of target vegetation has proper herbicide coverage.

AND

Less than 15% mortality to non-target plant species;

1) Verify contractor, records, data & reports

2) Periodically witness contractor inspection

3) Independent Government verification

1) Rework at no additional cost to Government until work is performed to

AQL;

2) Acceptance with consideration;

3) Less than satisfactory performance evaluation;

4) Non-compliant contractor inspection system: Contractor bears 100% of government re-inspection cost;

Note – These are all remedies available to the Government.

Contractors do not decide whether to re-work or not.

Satisfactory or better performance rating

12569R20Q0021

CONTRACT CLAUSES

FAR 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

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

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (OCT 2019)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019) (Section 89(a)(1)(A) of Pub. L. 115-232)

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

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

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

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__(3a) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (April 2014) (41 USC 4712) (Deviation 2017-1)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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

Div. C).

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

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

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

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

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

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT

2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (Aug 2018) of 52.219-9.

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

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

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15

U.S.C. 657 f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2019) (E.O. 13126).

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

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

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___ (ii) Alternate I (FEB 1999) of 52.222-26 __ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

___ (ii) Alternate I (JULY 2014) of 52.222-35 _X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (JULY 2014) of 52.222-36 __ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

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

(E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O.

13627).

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

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

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(JUN 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693)

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

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

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and

13514).

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

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s

13423 and 13514).

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

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

_X_ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693) _X_ (44) 52.223-21, Foams (JUN 2016) (E.O. 13693) __ (45)(i)52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

_X_ (46) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

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__ (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103- 182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

__ (48) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

_X_ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018)

(31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management

(Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

__ (ii) Alternate II (Feb 2006) of 52.247-64.

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

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

_X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

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

U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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