Sol_140L5221Q0020.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

LDT

SHOSHONE ID 83352

400 W F STREET

BLM ID-FIRE&AV TWIN FALLS (IDT00)

0004276367 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORLDT

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/13/2021 1000 MD

06/25/2021

(208) 3733914Nathaniel Bertels (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L5221Q0020

5. SOLICITATION NUMBER

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

1 48 0040531608OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

SHOSHONE ID 83352-1522

329 N. HWY 75

BLM-ID SHOSHONE FIELD OFFICE (Seed

15. DELIVER TO

SHOSHONE ID 83352

400 W F STREET

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)

BLM ID-FIRE&AV TWIN FALLS (IDT00)

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.

Legacy Doc #: BLM Delivery: 10/27/2021 Period of Performance: 10/04/2021 to 10/27/2021

00010 Plant 100,000 shrub seedlings Product/Service Code: F005 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST TREE PLANTING

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Nathaniel Bertels

. 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

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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.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

48 2 of

SOLICITATION NO: 140L5221Q0020

TITLE: 2021 TFD FUELS SHRUB PLANING Page 3

INFORMATION TO PROSPECTIVE QUOTERS

This is a combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Firm, fixed-price quotes are requested under Request for Quotation (RFQ) Solicitation number 140L5221Q0020. This document incorporates provisions and clauses which are in effect through Federal Acquisition Regulations 2021-05. This solicitation is set-aside for small business under North American Industry Classification System (NAICS) code 115310. The Small Business Annual Receipts for the preceding three (3) fiscal years does not exceed $20.5 Million.

No Site Visit will be held

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

Due Date: Tuesday, July 13, 2021 at 10:00AM Mountain Daylight Time. Quotes will be accepted via Email to Nathaniel Bertels at nbertels@blm.gov with the solicitation number in the subject line. Offerors must be registered and active in the System for Award Management (SAM) database found at https://www.sam.gov.

In accordance with this Solicitation Section 4 - Solicitation Provisions

See FAR 52.212-2 Evaluation - Commercial Items

The overall proposal shall consist of a completed Standard Form 1449, completed Bid Schedule, and a detailed work plan that demonstrates the capability to meet the technical aptitude of the Statement of work.

To expedite the handling of your quotation, please check the following items:

❏ Is the unit price legible?

❏ Is the extended price correct?

❏ Have you initialed any changes or erasures?

SUBMIT ONLY REQUESTED ITEMS NOT THE ENTIRE SOLICITATION

mailto:nbertels@blm.gov https://www.sam.gov/

TITLE: 2021 TFD FUELS SHRUB PLANING Page 4

TABLE OF CONTENTS

Section 1: Solicitation/Contract Form See Standard Form 1449

Section 2: Contract Clauses 17

Section 3: List of Documents, Exhibits, and Other Attachments 31

Section 4: Solicitation Provisions 32

TITLE: 2021 TFD FUELS SHRUB PLANING Page 5

SECTION 1: BID SCHEDULE

Offerors are to complete Block 17a and blocks 30a, 30b, and 30c of the SF-1449.

Line Item Number Description

Est.

Quantity

Unit of Issue

Unit Price Total Cost

00010

Hand Planting Plug root - Wyoming Big Sagebrush

(Artemisia tridentata spp. wyomingensis) and Antelope Bitterbrush (Purshia tridentata)

100,000 Each

2021 TFD Fuels Shrub Planting Total – All or None

Estimated Start Date: Estimated Start Date of 10/04/2021.

Performance Time: 7 calendar days

Total Estimated Seedlings: 100,000

Contractor shall be required to start work within five days after being notified by the Contracting Officer’s Representative.

Note: This Solicitation is All or None

TITLE: 2021 TFD FUELS SHRUB PLANING Page 6

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT – SEEDLING PLANTING

PART 1: GENERAL

1.1 SUMMARY

This contract is to furnish labor to hand plant 80,000 Wyoming Big Sagebrush and 20,000 Antelope Bitterbrush seedlings in the Shoshone Field Office area of the Twin Falls District BLM.

1.2 PERFORMANCE PERIOD

The estimated start of the planting performance period for this contract is October 4th, 2021, through October 20th, 2021.The contractor will be allowed 7 calendar days once planting is initiated to complete all planting operations.

Planting operations shall be completed no later than October 27th, 2021. Additional days may be added in the event of adverse weather or planting conditions.

1.3 GOVERNMENT FURNISHED PROPERTY

Seedlings Furnished Quantity Approximate Size

Wyoming Big Sagebrush (plug root) 80,000 6 Cubic Inch

Antelope Bitterbrush (plug root) 20,000 6 Cubic Inch

1.4 LOCATION AND DESCRIPTION

Specific unit information and corresponding vicinity maps are identified in the work location maps. Project area and road access can be found on maps available from the Twin Falls District Office of the BLM, 2878 Addison Avenue East, Twin Falls, ID 83301 or the Idaho State Office of the BLM, 1387 South Vinnell Way, Boise, ID 83709-1657. The cost is $4.00 per map for BLM.

1.5 BOUNDARIES

Boundaries of the planting sites are identified by the work location maps.

Project Location

Seedling Count

Acreage Project Initiation

Period

Planting Days Allowable

Project End Date

Dog Creek 100,000 – plug root seedlings

2,460 10/04/21- 10/20/21

7 days after initiation to complete

10/27/21

TITLE: 2021 TFD FUELS SHRUB PLANING Page 7

PART 2: PLANTING OPERATIONS

2.1 SEEDLING PREPARATION

A. The Contractor shall be responsible for removal of seedlings from the packaging prior to planting.

B. The Contractor will be required to consolidate and organize all packaging used to transport seedlings including containers, plastic wrapping, plastic bags, and boxes.

C. The Contractor will protect products from damage while loading and in transit to project unit(s).

2.2 SITE PREPARATION

A. Preparing the Planting Hole – Planting holes shall be located near the center of the prepared area and shall be oriented at an angle between perpendicular to the slope and true vertical (see Attachment). Planting hole must be two inches deeper than the maximum root length of the seedlings.

2.3 PLANTING METHODS

The following requirements will apply to all planting units, unless identified otherwise.

A. Proper selection of planting site is important to provide protection from animal damage, sun, wind, loose debris, and other agents detrimental to seedling survival and growth.

B. Plant spacing will be 8-15 feet and plants will be planted in large groups utilizing a grid pattern by planting crews. Planting grid patterns must cover the entire planting project unit with exceptions for avoidance areas (see section F below) or as allowed by the Project Inspector due to site conditions.

C. Plants will be placed no closer than 3 feet away from existing live brush plants but could be placed closer to standing dead shrubs.

D. Clearing efforts will be required to prepare the site for planting and maintaining required spacing.

E. An unplantable area (spot) will be indicated by the Project Inspector prior to planting on the project site.

The Project Inspector will make the determination whether a site is plantable or unplantable.

F. Where an unplantable spot is encountered: The planter shall move over the unplantable spot and plant in the closest plantable spot available, and then resume required spacing. Examples of unplantables are:

1. Rock outcrops, talus slopes, and areas of stone, cobbles or gravel that is 12” deep.

2. Sites with obvious rodent or insect (ant hill) activity.

3. Sites with obvious run-off, i.e. bottom of drainages.

4. Animal & human travel paths – planting sites shall be a minimum of five feet, each side, from travel paths.

5. Within 0.25 miles of livestock troughs or supplement sites.

6. Within 50 feet of two-track roads or fence lines.

7. Within 300 feet of main travel roads.

8. Cultural avoidance areas as identified on the project maps.

G. Planting will not occur on slick spots where they exist, or near other sensitive areas. Slick spots are

TITLE: 2021 TFD FUELS SHRUB PLANING Page 8 visually distinct microsites that are mostly void of vegetation. The soil in the slick spots is usually lighter than the surrounding area as well.

H. For tracking shrub survival, monitoring points will be installed by Government representatives at every project site. The number of monitoring points will be directly related to project size (acres treated/planted) and given to the Contractor prior to the start of planting.

2.4 SEEDLING PLACEMENT

A. Consolidated Containerized Seedling Planting – The seedling shall be suspended near the center of the hole with roots extending down in a near natural arrangement at a depth that, after filling, packing, and leveling, the root collar is even with or slightly below the firmed soil level. No portion of the roots shall be exposed. If an auger is used, seedlings shall be planted in the center of the augered hole. Planting on the side of the hole will not be permitted. Only one seedling may be planted per hole; multiple seedlings planted in a single hole will be considered wasted and may result in assessment of liquidated damages against the Contractor (see Payment Section).

B. Filling and Firming – Moist mineral soil shall be filled in and firmed around seedling roots. Dry soil, ash, organic matter, rocks, and other foreign matter shall be kept out of holes. Soil shall be filled in and firmed progressively (layered) so no loose soil or air pockets remain and the seedling is as firmly planted as soil conditions allow. The Contractor shall not wedge the seedling in the side of the hole. Firming the soil around the seedling shall be done in a manner that assures the seedling and root systems are not damaged.

After the soil is firmed around the seedling, it shall be smoothed out to the level horizontal to surrounding soil surface. After planting the seedlings the stem shall stand erect. The seedling shall not be wedged down with mud or debris. Soil or other debris shall not be left covering the leaves or stems of the planted seedling.

2.5 SEEDLING CARE – CACHES (TEMPORARY STORAGE)

A. A Government Official shall approve all seedling caches or temporary storage sites. Overnight storage will be cleared by the Government Official/COR.

B. Seedlings stored in boxes, bags, or bundles shall not be exposed to direct sunlight. Punctured or torn bags or boxes must be promptly resealed. Containers of seedlings shall be opened only in full shade when possible.

C. Seedlings shall not be removed from shipping containers until needed for preparation for planting.

D. Seedlings in temporary seedling caches shall also comply with all the requirements under SEEDLING

CARE (FIELD HANDLING).

2.6 SEEDLING CARE (FIELD HANDLING)

The Contractor shall adhere to the following specifications for care and protection of seedlings:

A. Seedlings shall not be handled in any manner that may cause injury to the seedlings.

B. Frozen seedlings shall not be handled until completely thawed, and shall be thawed in full shade.

C. Seedlings removed from cold storage facilities shall not stand or lay in water or snow, or be covered directly with snow.

TITLE: 2021 TFD FUELS SHRUB PLANING Page 9

D. Each planting crew will have a designated “Runner” responsible to deliver seedlings from the roadside delivery point to resupply the planters with seedlings on the planting unit, unless otherwise authorized by a Government Official.

E. Seedlings in planting bags shall have only their tops exposed, and shall have wrapping loosened slightly to allow individual seedling removal. Seedlings shall be protected at all times from drying, heating, smothering, freezing, crushing, drowning, abrasion, rapid temperature fluctuations, and contact with injurious substances such as petroleum products or petroleum product residues.

F. Individual seedlings shall not be removed from planting bags until immediately before they are to be planted in prepared holes.

G. Seedlings shall be gently removed, one at a time, to prevent stripping or other injury, and quickly and gently inserted into planting holes. Removal by terminal buds is not permitted.

H. Seedlings carried in planting bags shall not exceed the amount that can be removed without injury, or which can be planted before critical heating or drying occurs. This will be determined by a Government Official. Seedlings issued to planters shall be planted out prior to lunch breaks and not returned to storage.

I. Seedlings shall be planted the calendar date of issuance (unless precluded by weather or other unsuitable planting conditions). If seedlings are not planted within this time frame, they will be considered wasted, unless the Contractor (for excusable reasons) can show that the seedlings could not have been planted.

Contractor will be responsible for returning unplanted seedlings to the delivery point or other Government Official’s designated site for storage.

J. Seedlings may not be transported around the site in bundle wrapping only. A planting bag or other approved storage device shall be used.

K. The Contractor shall not do root pruning, top pruning, or culling except with the written approval of the COR. If seedlings are being pruned or culled without written approval from the COR, they will be considered wasted seedlings and will be charged to the contractor.

L. If the Contractor notices dryness of roots, mold or other evidence of damage to seedlings, he/she will immediately notify the Project Inspector.

M. If inclement weather conditions occur during the planting operation which will damage seedlings (such as freezing or high temperature, drying winds, low humidity, or snow which prohibits the planting operation from continuing) any unused seedlings shall be returned to a storage site or Staging Area as directed by the Project Inspector. The following environmental conditions must exist on the site before the Contractor will be allowed to plant. Final decision whether site conditions are unfavorable will be made by a Government Official.

Temperature: Between 28° - 65°F Humidity: Greater than 20% Soil: Not frozen more than 1” deep, upper 10” of soil is moist Snow: Less than four inches

TITLE: 2021 TFD FUELS SHRUB PLANING Page 10

PART 3: DISTRIBUTION AND CARE OF SEEDLINGS

3.1 DELIVERY/TRANSPORTING

A. The contractor will stage seedlings at a pre-approved point on or near the project site unless other arrangements are approved by a Government Official. Seedlings must be protected against damage to tops and roots, including damage from freezing, heating, and drying as indicated in the following requirements.

B. Transporting of seedlings to the drop-off point (Staging Area) locations shall be done by the Government.

Transporting of seedlings around the project site with UTV’s (or other similar vehicles) must be pre-approved by the Project Inspector. See section on SEEDLING CARE.

C. Upon arrival at the planting site, seedlings shall be stored in a manner that protects them from direct sunlight, frost, and wind and provides for proper air circulation around bundles or boxes. Seedlings shall not be allowed to stand or lay in water or directly on snow. Seedlings that are frozen shall not be handled until completely thawed. They shall be thawed in full shade. There will be no overnight storage of seedlings at the project site.

D. Unless otherwise specified, planting bags shall be a light color and porous material, shall not retain water or heat, shall have a minimum depth of 15”, and shall be free of defects. Bags may have a shield of waterproof material attached to one exterior side to protect the planters from water seepage. During the planting operation, seedlings shall be transported around the project in these planting bags (See PART 7:

TOOLS AND EQUIPMENT). Planters shall be restricted to the removal of one seedling at a time from the rolled bundle and only after the planting hole has been prepared.

E. Upon termination prior to completion, any unused seedlings will be returned to the staging area as directed by the Project Inspector. Upon completion of the project, all seedlings should be planted out on the project site.

F. The Contractor shall be responsible for site clean-up of all packaging and transportation materials after planting is completed.

3.2 TIMING OF PLANTING

Seedling survival and growth is dependent on proper soil and moisture conditions at the time of planting. These conditions may only prevail for a short period of time. It may be necessary to plant a portion of a unit and return after snowmelt or when ground conditions are suitable to plant the remaining area. Due to varied situations, this shall be at the discretion of a Government Official.

TITLE: 2021 TFD FUELS SHRUB PLANING Page 11

PART 4: DEFINITIONS

Plantable Spot: An area from which vegetation, ash, duff and debris have been, or can be, removed and seedlings can be planted according to all specifications contained herein.

Unplantable Spot: An area within the specified spacing limits in which it is not possible to plant a seedling according to specifications. Unplantable spots will be recognized as follows: one unplantable spot will be allowed for each single unplantable area within the plot of square foot size equal to the square of the average specified spacing.

Example: If a single unplantable area of 100 square feet exists on 10 x 10 foot spacing plot, one unplantable spot will be recognized.

Satisfactory Planted Seedling: A seedling planted in full compliance with all planting specifications.

Unsatisfactory Planted Seedling: A planted seedling that fails to meet one or more of the specifications for a satisfactorily planted seedling.

Wasted Seedlings: Seedlings that are lost, damaged, destroyed, or handled contrary to the specifications for the Care of Seedlings.

Cotyledon Scar: The location where the seed coat had been attached to the seedling. This marks the point where the hypocotyl, which grows upward and turns into the stem and the radicle, which becomes the root system differentiate.

Bare Root Seedling: A seedling grown from one to three years in a natural environment.

Containerized Seedling: A seedling grown from one year in a container.

Culling: To remove by any method, any portion of the seedling roots or branches.

Pruning: The cutting of seedling top, roots, or branches with pruning clippers.

Space Blanket: Provides seedling protection from direct sunlight, frost, wind, and provides proper air circulation around bundles or boxes of seedlings.

TITLE: 2021 TFD FUELS SHRUB PLANING Page 12

PART 5: PLANTING STOCK

A. 6-12-month-old containerized Wyoming Big Sagebrush and Antelope Bitterbrush seedlings are to be planted under this contract. Planting stock will be provided by the Government, per contract specifications. Storage for the seedlings will be provided by the Government. In the event circumstances require substitution of age class or species, a modification of the contract will be negotiated with the Contractor to provide for any adjustment in cost due to the substitutions.

PART 6: CONTRACTOR WORKFORCE REQUIREMENTS

A. The Contractor must maintain an adequate work force at all times to ensure timely completion of the work. At the pre-work conference, the Contractor shall provide a work schedule including the planned work force, which must be acceptable to the Government.

B. A non-planting, English-speaking supervisor shall be provided for each crew and is required to stay with the crew while planting is in progress. No more than twelve planters are to be supervised by one non-planting supervisor. Crew members shall not be scattered within or between units except as necessitated by on-the-ground conditions and only when authorized by the Project Inspector. Planters must stay within 200’ of the non-planting supervisor. The supervisor must work closely enough with the crew to inspect and accept or pass the work done by the crew to ensure contract compliance. The supervisor must correct any error found in the planting process at this time and continually ensure that the planting is done according to contract specifications.

C. The Project Inspectors will run inspection sample plots to ensure contract compliance and to provide the basis for computing the rate of payment and will not supervise the planting crew.

D. The Contractor is responsible for the crew(s) knowing the requirements of the contract including, but not limited to seedling care, proper planting, spacing requirements, unit location, avoidance areas, and scalping techniques. The contractor or the supervisor shall also assure that debris from the crew’s lunches and other breaks is thoroughly cleaned up. (The Project Inspector will not act as a supervisor to the crew.)

E. The Contractor is responsible for maintaining a daily crew manifest or roster for planting operations. All rosters will need to include full legal names of employees and the hours worked each day they are on the job site, including subcontractors and their employees. The manifest will be provided to the government when requested by the COR or CO. The contractor will have 24 hours to provide a manifest if requested during planting operations.

F. All employees must have proper Personal Protective Equipment (PPE) and appropriate protective clothing for the current conditions during planting operations. The contractor and crew supervisor are responsible for the crew(s) preparation, safety, and transportation to and from the worksite.

TITLE: 2021 TFD FUELS SHRUB PLANING Page 13

PART 7: TOOLS AND EQUIPMENT

A. Unless otherwise specified, planting tools, materials, and containers for carrying seedlings during planting operations will be of design normally used in seedling or tree planting work. All containers, planting tools and other tools proposed for use by the Contractor must be approved by the COR and the Project Inspector at the pre-work conference.

B. Tools used in scalping may be McCleods, Fire Rakes, Hazel Hoes, or Hoedads. Planting bars, Hoedads, and/or Augers may be used for planting. Only tools capable of opening a hole perpendicular to the ground surface, broken on three sides, and at least 12” deep and 4” wide will be approved for use, unless otherwise authorized by the COR.

C. Utility Terrain Vehicles (UTVs) may be utilized with approval of government official for the use of transporting personnel and seedlings.

D. All travel is restricted to established roads; any off-road travel must be approved by the COR.

E. All vehicles and equipment need to be washed prior to entering the project unit(s), to minimize the introduction of undesirable and/or invasive plant species.

F. Because of the remoteness and harsh terrain in some of the project locations, all vehicles must be 4x4 capable.

PART 8: PLANTING SAFETY

A. All operations shall comply with OSHA and State Safety Standards.

B. Recipients will take all reasonable precautions to provide for safe work conditions. Worker and public safety are foremost within the active areas of work.

C. Field crews will conduct safety briefings at least weekly or whenever site conditions change and warrant a review of work conditions. Briefings will be documented and made available to BLM representatives.

D. All appropriate personal protective equipment for planting operations is required by field workers under this contract and must be always utilized when work is on-going. This is the responsibility of the recipient performing the direct on-the-ground work.

E. Field crews must have fire extinguishers and shovels on all vehicles while working on the project.

F. Planting units are in remote areas. Cell phone coverage may not be accessible. Satellite phone or an emergency SPOT device is required for communicating in emergency situations.

TITLE: 2021 TFD FUELS SHRUB PLANING Page 14

INSPECTION AND ACCEPTANCE

PART 1: INSPECTION

A. The Government will inspect planting to determine compliance with specifications and to provide the basis for computing the rate of payment. Inspections will consist of observations of seedling storage and handling, site preparation, planting procedures, and examination of individual seedlings on sample plots.

The contractor will determine how many seedlings they intend to plant each day and the government will provide those seedlings at the start of each day prior to work beginning. Project Inspectors will also maintain a daily count of seedlings provided to the contractor for planting and will provide that number to the contractor at the end of the work day.

B. The sample plots will be taken throughout the project unit to obtain a representative sample, a minimum of 1 percent sample of the work. A minimum of three plots will be taken on all units.

C. Determination of the acceptability of the work performed will be based on these inspections, which will be considered conclusive, except as otherwise provided in the contract. The Contractor or designated representative is encouraged to observe inspections while they are underway.

D. Seedlings that are handled in a manner inconsistent with these specifications will be declared “wasted” seedlings, and may result in assessment of liquidated damages against the Contractor.

PART 2: PLANTING QUALITY

A. Planting procedures will be observed and planted seedlings on representative sample plots will be examined to assure and measure compliance with specifications.

B. Seedlings will be inspected for the following criteria: alignment, depth, spacing, stem position, firmness, air pockets, and several other factors. The Project Inspector will notify the Contractor of any inconsistencies to ensure compliance is maintained with the contract specifications.

C. A minimum of 25 seedlings will be randomly inspected by the Project Inspector. This check will be performed at least three times during the duration of the project, but as much as necessary, per discretion of the Project Inspector and/or COR, to ensure seedlings are planted correctly. Every inspection will be documented within the contract diary.

PART 3: PAYMENT

It is understood and agreed that the loss to the Government by lowered planting quality exceeds the amount by which planting quality is lower than 90 percent, and that replanting at a later date will likely be necessary if planting quality is below 80 percent.

A. If the Contractor fails to plant a unit within an acceptable level of quality (90 percent), the Contractor shall, in the place of actual damages, pay to the Government as fixed and agreed liquidated damages as follows for each unit of planted at less than 90 percent quality:

Quality between 80 and 90 percent – Actual quality % below 100 Less than 80 percent quality – Contractor’s bid price for planting for that unit

B. Alternatively, if quality of planting falls below 80 percent and is not corrected, the Government may terminate this contract in whole or in part and, in that event, the Contractor will be liable for fixed and agreed liquidated damages on all units planted where the planting quality is less than acceptable. In

TITLE: 2021 TFD FUELS SHRUB PLANING Page 15 addition to liquidated damages charged for unit planted where the quality is less than acceptable, the Contractor may be assessed actual damages for the remaining units that have not been planted under this contract but that have been terminated.

C. The Contractor shall not be charged with liquidated damages when the unsatisfactory quality of planting arises out of causes beyond the control and without the fault or negligence of the Contractor as defined in this contract.

PART 4: REINSPECTION UPON CONTRACTOR’S REQUEST

A. If the original inspection results are unacceptable to the Contractor, a re-inspection may be requested.

Requests for re-inspection must be made in writing within five days after receipt of notice of initial inspection results. The same inspection procedure will be used but new plots will be selected. The inspection pattern will be shifted so new inspection plots will not overlap previously inspected plots.

B. Inspection Results Used to Determine Payment: The inspection results of the first examination will be used in determining payment and acceptability if re-inspection results are within 5% of the first inspection. If re-inspection indicates a variance of more than 5% from the first inspection, the results of the second inspection rounded up to the nearest whole percent will be used.

C. Payment for Re-inspection by Contractor: If the results of the re-inspection rounded to the nearest whole percent are within 5 percentage points of the first inspection, the Contractor shall pay the liquidation costs of the re-inspection based on wages and vehicle mileages of the re-inspection crew.

DELIVERIES AND PERFORMANCE

PART 1: DELIVERY

A. The Contractor shall be required to (a) commence work under this contract with three calendar days after the date the Contractor receives the Notice to Proceed, (b) prosecute the work diligently, and complete the entire work no later than the time specified in the contract, after receipt of Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

B. At the pre-work conference, the Contractor shall provide to the COR a written “work progress plan” that details their work force and schedule to provide for orderly completion of the work within the contract performance time. This work schedule must be acceptable by the Government. As a minimum, the schedule should reflect a progress rate of work to be completed equal to the expired amount of contract performance time.

C. Work shall progress in accordance with the established schedule as stated in the work progress plan. An average production rate of seedlings planted per calendar day will be required. The average production rate will equal the number of seedlings divided by the total performance time for that item. The production rate will be based on a three or four day average.

D. If the Contractor’s progress falls behind 20 percent of the established work schedule, the Contractor’s right to proceed may be terminated for default if satisfactory progress is not attained within five working days after receipt by the Contractor of a written notice of deficient performance. The Government will have a Project Inspector on the planting site to monitor the Contractor’s progress and skill.

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PART 2: PERIOD OF PERFORMANCE

A. Planting operations will begin on or after October 4th, 2021 and as soon as weather and ground conditions are favorable for survival of planting stock. The count of contract time will start on the date specified on the Notice to Proceed if hand delivered, or on the third day after the post office has issued a notice of certified mail to the Contractor, or when planting commences, whichever is sooner. Failure of the Contractor to pick up certified mail will not be considered an excusable delay.

B. Whenever the Contracting Officer determines that the temperature, humidity, soil moisture, winds or a combination of these and other physical conditions have become unsuitable for seedling survival on any area, the Contractor will move the work force to another area as prescribed by the CO. When no other area is available, the CO will issue a Suspend Work Order for the item(s) and the count of contract time will stop for the item(s). When conditions are again favorable, the CO will issue a verbal Resume Work Order and confirm the verbal in writing. The count of contract time will resume on the day indicated by the CO. It is the Contractor’s responsibility to keep the CO currently advised as to where the Contractor or the Contractor’s representative may be reached by phone during periods of work suspension. If the Contractor cannot be reached by the telephone number provided, or if the Contractor fails to leave a number, written Resume Work Order will be mailed and the count of contract time will resume on the date specified on the Resume Work Order.

C. Prior to issuance of the Notice to Proceed and starting work, the CO or COR will contact the Contractor and mutually agree on a pre-work conference date and location to discuss contract terms and work performance requirements.

D. The Government may, by written notice to the Contractor, terminate the Contractor’s right to proceed and declare the Contractor in default for improper disposal of Government furnished shrub seedlings.

Improper disposal includes, but is not limited to, the wrongful dumping or burying of seedlings.

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SECTION 2 - CONTRACT CLAUSES

1. 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): https://www.acquisition.gov/browse/index/far#

52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions - Commercial Items (Oct 2018) 52.215-8 Order of Precedence-Uniform Contract Format (Oct 1997) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

(Sept 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (Alt I) (Jul 1995) 52.223-6 Drug-Free Workplace (May 2001) 52.232-23 Assignment of Claims (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-2 Differing Site Conditions (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.242-15 Stop-Work Order (Aug 1989)

2. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Jan 2021)

(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)

(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 2020) (Section 889(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:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), 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 (JUN 2020) (41 U.S.C. 3509)).

https://www.acquisition.gov/browse/index/far#

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__ (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.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (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).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (PUB. L. 111-117, section 743 OF DIV. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11)(i)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12)(i)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved] XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) of 52.219-6. (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (iii) Alternate II (NOV 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) 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 (JUN 2020) (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 (JUN 2020) of 52.219-9.

__ (v) Alternate IV (JUN 2020) of 52.219-9.

__ (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (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 (MAR 2020) (15 U.S.C. 657f).

XX (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

XX (27) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

__ (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126) XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (30) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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__ (ii) Alternate I (FEB 1999) of 52.222-26.

__ (31) 52.222-35, Equal Opportunity for Veterans (JUN 2020)(38 U.S.C. 4212).

__ (ii) Alternate I (JULY 2014) of 52.222-35.

XX (32) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

__ (ii) Alternate I (JULY 2014) of 52.222-36 __ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.13496).

XX (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (36) 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.)

__ (37)(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.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

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

__ (40)(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.

__ (41)(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.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

__ (43)(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.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (47) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a) __ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American—Supplies (JAN 2021) (41 U.S.C. chapter 83).

__ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JAN 2021) (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 (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 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).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

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__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management

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

__ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (62)(i) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)) __ (63)(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.

__ (iii) 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.] XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 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).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

XX (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

XX (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and…