Solicitation_BNF_Trail_Opening_12034318Q0143.pdf

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

SOLICITATION NO:

12034318Q0143

REQUEST FOR QUOTE

PROJECT:

Bitterroot National Forest Trail Opening

LOCATION:

Selway-Bitterroot & Frank Church River of No Return Wilderness Areas Bitterroot National Forest, Idaho County, Idaho

AWARDING OFFICE:

USDA - Forest Service Western Montana Acquisition Zone 24 Fort Missoula Rd Missoula, MT 59804

(406) 329-3889

Solicitation No. 12034318Q0143

TABLE OF CONTENTS

PART I – THE SCHEDULE

SUPPLIES OR SERVICES AND PRICES

Combined Synopsis Solicitation Information

NAICS Code

Set-Aside

Site Visit

Quotes Due

Quote Documents to Return

Auote Submission

Evaluation of Quotes

Questions

Schedule of Items

Written Acceptance

Basis of Award

DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

1. Scope of Contract

2. Location and Description

3. Blazing Trees

4. Government Furnished Property

5. Performance Requirements

6. Special Project Specifications

7. Contractor Quality Control

8. Government Quality Assurance and Surveillance

9. Additional Inspection and Acceptance Requirements

10. Performance Period

11. Contract Time and Required Rate of Progress

12. Measurement and Payment

13. Invoice Payment Platform

14. Service Contract Act

SPECIAL CONTRACT REQUIREMENTS

1. Contractor Representation

2. Camping; Use and Transportation of Stock

3. Fire Control

4. Safety Plan

5. Crew Size

6. State of Idaho’s Notice to Offeror

7. Prework Conference

PART II – CONTRACT CLAUSES

CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders –

Commercial Items)

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires

FAR 52.217-8 Option to Extend Services

FAR 52.217-9 Option to Extend the Term of the Contract

Contract Time

AGAR 452.211-75 Effective Period of the Contract

Invoice Processing Platform (IPP)

SOLICITATION PROVISIONS

FAR 52.252-1 Solicitation Provisions Incorporated by Reference

FAR 52.212-3 Offeror Representations and Certifications – Commercial Items

FAR Part 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

LIST OF ATTACHMENTS

1 Attachments A, B and C

2 Maps (Attachments D, E, and F)

3 Wage Determination (Attachment G)

4 Specialized Project Specification

Solicitation Issue Date: April 20, 2017

Method of Solicitation: Request for Quotation (RFQ).

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; quotes are being requested and a written solicitation will not be issued.

The solicitation and incorporated provisions and clauses are those in effect through FAC 2005-97.

North American Industry Classification (NAICS): 115310 Support Activities for Forestry. Size Standard is $7.5

Set Aside: 100% small business set-aside.

General Information: The intent of this solicitation is to obtain quotes Trail Opening for the Bitterroot

National Forest

Site Visit: Friday, No formal site visit is planned for this solicitation Please contact Mark Smith at (406)

821-1218 for information regarding the site

QUOTES DUE:

Provide quote by: 2:00 PM, MST on Tuesday, May 1st, 2018.

QUOTE DOCUMENTS TO RETURN:

The following documents shall be submitted by the Contractor for evaluation to be considered for award:

1. Completed Schedule of Items (see page 5 - 6)

2. Experience Statement:

Quoter shall demonstrate satisfactory performance of same or similar work on previous contracts.

Quoter shall provide information relevant to Quoter’s quality of service, timeliness of performance, customer satisfaction/working relationships, and management skill. Quoter shall submit a list of customers during the past 3 years, including names and phone numbers of contacts that the

Government may use to verify that satisfactory performance was provided to customer. Quoter shall provide a list of equipment to be provided if awarded a contract and shall identify the quantity of experience Contractor has in operation of the equipment. Quoters that are newly formed entities, without prior contracts as an entity, should list contracts and subcontracts completed by all key personnel.

3. Quality Control Plan:

A Quality Control Plan shall be provided by the Contractor as part of the quote demonstrating how the Contractor will monitor and inspect the work performed in this contract. (See No. 8, Page 11)

4. Safety Plan

The Contractor shall prepare a Safety Plan that addresses the specific hazards of the work area, and shall include working in dead trees and falling debris. The Contractor shall identify the specific conditions that he/she considers a hazard. The Safety Plan shall address the personal protective equipment and mitigating measures the Contractor will do to increase safety during work. The

Safety Plan shall be provided by the Contractor as part of the quote. (See page 17, No. 4.)

5. Proof of Active SAM registration and or completion of Representation by Corporations

Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

(FEB 2016) (see Provision FAR 52.212-3, page 28 and FAR 52.209-11, page 43)

QUOTE SUBMISSION:

E-mail: tinakelly@fs.fed.us (please verify your quote was received by the government). Faxed quotes will not be accepted. Please include this statement in the subject line: “Quote for Bitterroot National Forest

Trail Opening, Solicitation No. 12034318C0143”. Please verify receipt of your quote.

EVALUATION OF QUOTES:

This acquisition will utilize a best value approach to source selection procedures, in accordance with FAR

13.106-2, based on the following factors: Price, Past Performance, and Experience/Expertise. By submission of its quote, the Quoter accepts all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements.

QUESTIONS

For solicitation questions call Tina Kelly at (406) 544-5807. For technical questions contact Mark Smith at

(406) 821-1218 mailto:tinakelly@fs.fed.us

PART 1 – THE SCHEDULE

SUPPLIES OR SERVICES AND PRICES

BNF Trail Opening

Selway-Bitterroot & Frank Church River of No Return Wilderness Areas

Bitterroot National Forest, Idaho County, Idaho

SCHEDULE OF ITEMS:

Item 1 - Base Year (May 15, 2018 through May 14, 2019*

Item 2 – Option Year One (1) (May 15, 2019 through May 14, 2020)*

Trail Opening Services are needed by May 15, 2018. Vendors estimated availability date:

Price quotation furnished by (Please complete and include with quote):

Name Phone ( )

Address FAX ( )

E-mail

DUNS # _____________________________________

Item Name Item # Supplies/Services Est.

Qty.

Unit

Quote

Unit Price

Quote

Total Amount

2018 Trail Opening

Selway- Bitterroot

Wilderness

1.1 Trail Opening Miles 130.4 MI $ $

2018 Trail Opening

Frank Church River of No

Return Wilderness

1.2 Trail Opening Miles 131.8 MI $ $

Total Base Year XX XX XXXX $

Item Name Item # Supplies/Services Est.

Qty.

Unit

Quote

Unit Price

Quote

Total Amount

2019 Trail Opening

Selway- Bitterroot

2.1 Trail Opening Miles 130.4 Mi $ $

2019 Trail Opening

Frank Church River of No

Return Wilderness

2.2 Trail Opening Miles 131.8 MI $ $

Total Option Year 1 XX XX XXXX $

Total Base Plus Option

Year

XX XX XXXX $

*The Contractor will quote on both Items. Quotes are required on all subitems of each item quoted. Only quotes to the nearest cent will be accepted. Quotes will be evaluated on both the base plus option year pricing.

Written Acceptance:

Any Contract resulting from this solicitation will require written acceptance within 10 days of receipt from the

Contractor.

Basis of Award:

See pages 3 and 4 for Quote Submission and Evaluation.

DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

General Specifications

1. – Scope of Contract:

The Federal Government has a requirement for a Performance-Based Service Contract for Trail Opening for the

USDA Forest Service, Bitterroot National Forest. Peformance-Based means the Contractor is responsible for an end product. If an end product is not provided in compliance with the contract specifications, an adjustment to the payment will be made.

The Contractor shall provide all expertise, labor, supervision, services, equipment, mobilization, tools, supplies

(i.e., water, etc.), permits, licenses, transportation, and incidentals necessary to perform trail opening on

Wilderness trails, for which the desired outcome is in strict accordance with the Standard Trail Plans and

Specifications.

The work involves performing Trail Opening on Wilderness trails including but not limited to those affected by fire (this will entail some sections with significant amounts of down trees) throughout the Idaho portion of the

Bitterroot National Forest. The work is Trail Opening which includes: logging out: removal of all downed or leaning trees within the clearing limits; loose rock: removal of all greater than 6 inches and less than 18 inches from the trail tread width; and drainage clearing: clean and clear of all waterbar structures. Trail Opening standards, specifications and performance requirements are detailed below. Contractors are required to complete work to meet these specifications and performance requirements as explained on Page 11, No. 7 and Page 44, No. 4.

Line-items for quote are separated by Wilderness areas. See Schedule of Items

All Trail miles are located in Wilderness, no use of motorized tools or mechanized transport is allowed.

The terrain is characterized by very steep and deeply dissected topography. Weather conditions in this area are unpredictable and may include thunder, lightning storms, and wind. These conditions are already accommodated in the delivery schedule. Quoters may encounter conditions caused by natural events that may constitute a change in accordance with the FAR 52.243-1 Changes – Fixed Price, Alternative I (see section C-

3). Conditions on the trails will vary widely in regard to the amount and size of downed or leaning trees, loose rock and drainage clearing. Consequently:

The amount of work required to successfully perform trail opening will vary widely. Trails affected by fire can have significantly increased work load. Fire intensity is highly variable. Trees can be charred and black in areas of high intensity fire. In areas of low intensity ground fire, trees may not be charred. Either conditon can increase the number of downed trees. Only medium and high intensity miles of fire affected trail since 2012 are estimated on the table of Attachments B and C. These segments of trails may have more downed or leaning trees than trails that have not been burned. Note that these fire affected miles are NOT a separate line item in the contract. It is the quoter’s responsibility to consider trail conditions prior to submitting a quote.

Prospective contractors shall submit quotes that capture this consideration as part of that Item’s quote.

Numbers and condition of drainage structures vary per trail and are closely approximated on the table of

Attachments B and C.

All trails in this contract have been maintained at least once annually, for the last 4 years. The last maintained period is stated on the table of Attachments B and C.

Standing dead trees, often referred to as “snags”, occur throughout the forest environment. They can fall to the ground unpredictably. Some weather conditions may increase snag instability. Trail maintenance contractors need to evaluate the hazard posed by snags for personal safety particularly during windy conditions.

These tasks shall be completed by the dates shown on Page 11, No. 10.- Performance Period, snow melt and other access conditions permitting. All laws, rules and regulations pertaining to travel restrictions and other activities on National Forest lands shall be adhered to during the performance of the work. Examples are weed free hay requirements, travel restrictions in effect in certain areas, and use of authorized equipment in Wilderness situations.

If the contractor has trouble locating a trail or sections of a trail, they shall contact the COR and request assistance in trail/section identification prior to proceeding.

2. – Location and Description:

This project is located on the West Fork Ranger District, Bitterroot National Forest, in Idaho County, Idaho;

west of Nez Perce Pass (T28N R15E SecPB 39). The trails are located in the Selway-Bitterroot Wilderness and

Frank Church River Of No ReturnWilderness. See attached exhibit maps. These maps are modified excerpts from the 2005 edition of the Bitterroot National Forest Travel Map (South Half).

(a) ITEM #1 (Attachment B) - 2018 Bitterroot NF - Trail Opening Contract - Selway-Bitterroot

(b) ITEM #2 (Attachment C) - 2018 Bitterroot NF - Trail Opening Contract - Frank Church

Willderness

3. – Blazing Trees:

Blazing trees is prohibited per CFR 261.9a. Contractors shall comply with all regulations relevant to Forest

Service administered lands. If the contractor is not able to locate/follow a trail, they should contact the COR for assistance PRIOR to proceeding.

4. – Government-Furnished Property:

None. There are no Government-owned stock holding facilities available for contractor use for the completion of this contract. Developed camp areas may only be used with permission of the District Ranger of the distict that these facilities are located upon. Use must be scheduled and coordinated 7 calendar days in advance. See page

13, No. 2., for camping specifics.

5. – Performance Requirements:

Performance is based on the following three elements (C3): Logging Out, Loose Rock, and Drainage

Clearing. A general description, performance/quality standards, acceptable quality level and means of measurement for each are defined below. Positive and Negative Incentives apply to all three elements and are defined as follows:

Negative Incentives

Re-perform the work at no additional cost to the Government or Government acceptance with price reduction.

Negative performance evaluation or work not completed within the given time frames may negatively impact consideration for award on future business opportunities with the Government.

Contractor will be responsible for 100% of any additional inspection costs if more than two Final

Inspections are required.

Positive Incentives

Positive performance evaluation for future work with Government

Standard Trail Terms – STD_910-01 – Attachment A, will define trailway terms and dimensions.

Logging Out: Clearing Limits-Trees and Logs - STD_912-01 - Exhibit A and Typical Obstruction Clearance

Section - STD_911-02 – Attachment A.

-Remove all downed or leaning trees, logs or parts of trees/logs (attached or not attached to their root systems, live, dead or burned) that have entered the trail clearing limits width and height: (A) 4 feet from trail centerline uphill, (B) 4 feet from trail centerline downhill, and (C3)10 feet high. Removal includes main bole, limbs, branches, bark, heavy concentrations of needles and other woody debris resulting from the tree falling or leaning into the trail clearing limits.

-Remove all woody obstructions (“pack bumpers”) that are, within (E) 12 inches on the downhill side and (F) within 18 inches on the uphill side from the trail centerline, and (G) more than 24 inches above the ground and

4 inches in diameter and greater.

-Remove all sticks or wood chunks exceeding 2 inches in diameter and 12 inches in length that have fallen onto the trailbed.

-Disposal Method (D2) is to scatter the down trees on the lower side of the trailway outside the clearing limits.

Do not place such materials in stream channels, drainage ways, ditches, culvert catch basins or other locations where they would prevent the free flow of water away from the trailbed.

“Go Around” routes developed by users to by pass down trees on the trail are not the original trail clearing limits.

Performance/Quality Standard(s)

Clearing Limits: (A) downhill width is 4 feet, (B) uphill width is 4 feet, and (C) clearing height is 10 feet.

Leave Trees: (D) Leave trees should be live, sound, and undameged with uncompromised root systems and be within a minmal distance of 4 feet from centerline.

Clear Zone: (“pack bumpers”) (E) downhill width 12 inches, (F) uphill width 18 inches, and (G) maximum obstruction height is 24 inches off the ground with a diameter of 4 inches and greater.

Disposal Method: (D2) lop and scatter on fill slope.

Acceptable Quality Level

100% of downed and/or leaning trees/logs removed from the trail clearing limits and secured from rolling back into trailway. Trail work accomplished within time frames shown and according to all rules and regulations pertaining to activities on National Forest Land.

Means of Measurement

Government will review the manner in which the contractor is conducting the Quality Control

Program by observing actual performance.

The government will make a Final Inspection of work when notified by the contractor that all work is completed.

Loose Rock: Clearing Limits-Trees and Logs - STD_912-01 – Attachments A.

-Remove all loose rock greater than 6 inches and less than 18 inches from the trail tread width.

Loose Rock are rocks that are not firmly embedded in the trail and can be removed by hand. Where the trailbed consists predominantly of rock with little or no soil present, remove all loose rock larger than 6 inches and less than 18 inches from the trail tread width and fill any holes remaining from rock removal with suitable material and compact. If the rock removed is not needed for other items of maintenance work, scatter the rock by side-casting to the lower side of trailway beyond the clearing limits, and distribute rock to ensure that no blockage of drainage or creation of a windrow occurs. Do not dispose of waste materials in water courses.

“Go Around” routes developed by users to by pass down or leaning trees on the trail are not the original trail tread.

Maintain tread by removing loose rock greater than 6 inches and less than 18 inches in diameter from the trail tread width. Contractor shall inform COR of any rock on the trail tread that could not be moved by a 2 person crew.

100% of loose rock greater than 6 inches and less than 18 inches in diameter from the trail tread width.

100% of removed rock placed away from stream channels and drainage structures and not blocking free flow of water away from trail tread.

Trail work accomplished within time frames shown and according to all rules and regulations pertaining to activities on National Forest Land .

Program by observing actual performance.

Drainage Clearing: Rock Waterbar – STD_922-10-01 Attachment A and Log Or Treated Waterbar – STD_922-

20-01 Exhibit D.

-Clean and clear the upgrade side of all existing waterbar structures (native rock and log, and treated timber). Use and compact available and suitable material removed from the upgrade side of all waterbars to bring the trail tread flush with the top of those waterbars on the downgrade side. Remove all loose rock, woody debris, and soils from the lead-off area of all waterbars that restricts the free flow of water away from the trail.

Drainage structures to be free of debris, sediment and other obstructions, free flowing and cleaned to original design standards.

100% of drainage structures unobstructed and water flows freely to “daylight”. All excavated mineral soil debris placed and compacted on the down grade side of waterbars tread.

Trail work accomplished within time frames shown and according to all rules and regulations pertaining to activities on National Forest Land .

Program by observing actual performance.

6. - Special Project Specifications:

See Page 13 for the list of Special Contract Requirements that are incorporated into this solicitation and any resultant contract.

7. – Contractor Quality Control:

The Contractor is responsible for management and quality control actions to meet the terms of this contract.

The Contractor shall establish and maintain a complete Quality Control Plan to ensure compliance with the

Performance Quality Standards and/or Acceptable Quality Levels. Contractor shall submit said Quality

Control Plan as part of quote (See page 3).

A description of the quality control plan shall include safety measures, location of documented inspections, and corrective or preventive actions taken for unsatisfactory performance.

The Government will also periodically review the manner in which the contractor is conducting the quality control program by either reviewing the contractors records, observing actual performance or both.

8. – Government Quality Assurance and Surveillance:

The Government will perform periodic inspections during the performance period to ensure the accuracy of the fieldwork in accordance with the Contractor Quality Control Plan and standard protocol. A Final Inspection will be performed when notified by the contractor that work has been completed in part or in whole.

9. – Additional Inspection and Acceptance Requirements:

(a) Inspection Procedure. The Government may make an inspection of the work. The Contractor shall notify the Contracting Officer Representative when each trail is complete and ready for inspection. The

Contractor shall allow 10 days for inspection before invoicing the completed work. If inspection is not performed within 10 days of Contractor's notification to the Contracting Officer Representative, the trail will be considered accepted. The Contractor is encouraged to observe the inspection.

(b) Reinspection. If the original inspection results are unacceptable and a second inspection is requested after rework, the inspection procedures will be the same as the first inspection. Request for reinspection must be made in writing. The Contractor shall pay for inspections necessitated by rework.

10. – Performance Period:

Base Year: May 15, 2018 through May 14, 2019

Option Year 1: May 15, 2019 through May14, 2020

For the “Base Year”, the estimated start work date is May 15, 2018 depending on date of award and trail conditions. All work shall be completed no later than September 30, 2018. This assumes the Government issues a Notice to Proceed by or on May 15, 2018. For “Option Years” (2019), the estimated start work date is May

15, and all work shall be completed no later than September 30, 2019. If Option Year One is exercised at the unilateral right of the government, the contract modification exercising the option shall be executed no later than April 15th 2019.

The Government may issue a notice to proceed as soon as weather and ground conditions are favorable for work.

The count of contract time will start on the date specified on the notice to proceed. The contractor shall not begin work until a notice to proceed is issued.

11. – Contract Time and Required Rate of Progress:

The Contractor shall maintain progress at a rate that will assure completion of work within the contract time specified in the Contract.

Intermediate due dates are required for select trails in order to provide key public access during the contract period: Please see Attachments B and C for the 2018 Completion Due Date for each specific trail. All

“Option Years” (2019) will have the same completion dates as the “Base Year”.

12. – Measurement and Payment:

(a) The quantity to be paid for will be measured in miles and tenths of miles and will be those trails that are included in the contract, completed and accepted. Payment maybe made on a portion of a trail if it constitutes a portion of a logical trail loop completed during a trail hitch.

(b) Changes (FAR 52.212-4 (c). The Contractor shall notify the Contracting Officer in writing if a changed condition is discovered PRIOR TO taking any action.

13. - Invoice Processing Platform (IPP):

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors must enroll at https://www.ipp.gov/vendors/enrollment-vendors.htm. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

14. – Service Contract Act

This contract is subject to the Service Contract Act of 1965.

Wage Determination No: 1995-0228, Revision No: 40. Date Of Revision: 1/10/2018(See Attachment G http://www.ipp.gov/ https://www.ipp.gov/vendors/enrollment-%09vendors.htm https://www.ipp.gov/vendors/enrollment-%09vendors.htm

SPECIAL CONTRACT REQUIREMENTS

1. – Contractor Representation:

The Contractor shall designate, in writing, a person to act for the Contractor during his/her absence from the work site. The Contractor shall list the extent of authority this representative will have on the job. The Contractor or the authorized representative shall receive orders and instructions from the Contracting Officer and shall take such action as is required to keep the job in progress under the terms of the contract. Both the Contractor and any designated representative(s) shall have both verbal and written command of the English language.

2. – Camping; Use and Transportation of Stock:

Camping will be permitted at locations designated by the Contracting Officer. A camp management plan and work progress schedule must be submitted to and approved by the Contracting Officer prior to occupying any camp on National Forest land. This shall be given to the Contracting Officer prior to work start date. The plan shall address camp location, low impact methods, food storage, stock use and containment, and disposal of garbage and human and animal wastes. Garbage shall be hauled to the nearest authorized county dump or transfer station. Use of developed (full service facilities) Forest Service campgrounds and other high use areas will not be allowed unless authorized by the District Ranger (see section C-5). Camping under this contract may be limited to 16 days in some locations, and is subject to availability of a suitable site.

Camping is restricted to low impact camping methods:

(a) Select campsites in durable areas at least 200 feet from lakes, streams, trails. Do not construct lean-to's, bough beds, or drainage ditches. Self-supporting tents and foam pads are alternatives to using native material.

(b) The camp area shall be maintained to present a clean, neat and orderly appearance. It should be kept clean and free of litter at all times. Combustible and organic garbage will be completely burned. Metal, glass, plastic, aluminum and other non-combustible/organic material will be packed out.

(c) Nailing to live trees is prohibited. Use rope or twine and shims if you attach tent poles to trees temporarily.

(d) Equipment caches are prohibited. All equipment (including stoves, tables, beds, tools, dishes, etc.) and supplies (including camp gear, food and horse feed) will be packed out at the end of the project.

(e) Pit-type latrines are mandatory at all multi-night camps, and will be located over 200’ from water.

(f) Don't build rock fire rings. Use a fire pit or fire pan to contain warming/cooking fires. Dig a shallow pit.

Remove and save the sod or topsoil by setting it aside away from disturbance. Burn dead and down material. Keep fires small; burn all wood to a fine ash. COR or his/her representative (an inspector) will designate any snag to be felled for camp wood, if necessary. Felled trees will be low stumped at no more than 3" height ground level.

(g) Do not add soap to lakes or streams (bathing or washing dishes).

Use and Transportation of Stock:

(a) Avoid tying stock directly to trees. Acceptable stock containment includes the use of grazing hobbles, pickets, high lines, rope hitch rails or electric fence systems in order to avoid scarring trees and compacting the soil. "Tree-saver" straps help avoid scarring when a rope hitch line is attached to a tree.

Undeveloped, stock handling facilities will be located at least 200 feet from any water source. Manure will always be scattered at all camp and grazing sites to hasten decomposition.

(b) Allow stock to graze loose when possible, but under the direct care and control of handlers. Montana is a

“fence out” state but that does not excuse handlers from containing and controlling their livestock while on

National Forest lands, including system roads. Loose grazing is not authorized at developed recreation sites.

(c) Stock are not permitted within many developed recreation sites. However, stock handling facilities are provided at some developed trailheads for temporary use. Certified, weed-free horse feed is required on all

National Forest lands. Utilize feed bags and hay netting to contain feed. Contractors are encouraged to feed weed free horse feed to stock 48 hours prior to arriving.

(d) To further reduce the spread of non-native species, stock hauling vehicles and trailers will be cleaned at home prior to entry on National Forest lands. Cleaning will remove both manure from inside and weed seed debris from outside equipment. Weed seed sources include accumulated soil, plant parts, seeds, vegetative matter and other debris that is contained on equipment undercarriage, bumpers, wheel wells and trailer tongue.

(e) Equipment will receive a visual inspection at a place and time agreed to by CO and contractor, but will take place prior to reaching any trailheads. Any subsequent “move-ins” will be treated in the same manner as the initial move-in.

(f) Stock transported in the above mentioned vehicles and trailers will have saddle pads and feet cleaned prior to entry on National Forest lands.

(g) Pack and saddle stock must be ridden or led and not permitted to run loose on trails (except for short time periods when animal becomes crippled or where safety dictates otherwise). Avoid cutting switchbacks to prevent erosion.

3. – Fire Control:

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the

Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the

Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the Contracor’s employees and equipment temporarily at the disposal of the Forest Service.

Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by

State law, the Contractor shall comply with each of the following provisions to the extent applicable to the

Contractor’s operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard

5100-1a are:

(a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers

J335b standards;

(b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe;

(c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires.

Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When “Hoot Owl” restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

(12) Pump and Trailer. Not required

(13) Burning. Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Obtain a burning permit from the District Ranger.

(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion.

Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his/her discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

4. - Safety Plan:

The Contractor shall prepare a Safety Plan that addresses the specific hazards of the work area, and shall include working in dead trees and falling debris. The Contractor shall identify the specific conditions that he/she considers a hazard. The Safety Plan shall address the personal protective equipment and mitigating measures the

Contractor will do to increase safety during work. The Safety Plan shall be provided by the Contractor as part of the quote.

5. – Crew Size:

The Contractor shall have a crew of sufficient size to ensure completion of the contract within contract time.

6. – State of Idaho’s Notice to Offeror:

Idaho Workers Compensation Law

(a) Prior to award of any contract subject to Idaho Workers' Compensation Laws, the contractor must provide (1) evidence that they have the required workers' compensation coverage or, (2) documentation from the State of

Idaho exempting the contractor from such coverage.

(b) Contractors should obtain and complete a State of Idaho Certificate of Verification of Workers'

Compensation Insurance as documentation of insurance coverage or exemption. These certificates may be obtained from and returned to the Employee Compliance Division of the Idaho Industrial Commission at the following offices:

North Idaho Southwest Idaho

1221 Ironwood Street, Suite 100 317 Main Street

Coeur d'Alene, ID 83814 P.O. Box 83720

(208) 769-1565 Boise, ID 83720-0041

Fax No. (208) 769-1465 (208) 334-6032

(800) 950-2110

Fax No. (208) 334-5145

Southeast Idaho

1070 Hiline, Suite 300

Pocatello, ID 83201

(208) 236-6366

Fax No. (208) 236-6040

(c) This certificate of verification shall be fully executed by the contractor and signed by the Industrial

Commission Compliance Officer prior to award of the contract.

7. - Prework Conference

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

PART II - CONTRACT CLAUSES

CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations -http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.212-4 Contract Terms and Conditions—Commercial Items (Deviation 2017-1) (AUG 2017)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

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

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.245-1 Government Property (JAN 2017)

52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984)

52.204-13 System for Award Management Maintenance (JUL 2013)

452.236-72 Use of Premises (NOV 1996)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders –

Commercial Items (Deviation 2017-1) (NOV 2017)

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

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

(4) 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 (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)).

http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113344 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137622 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 http://uscode.house.gov/

(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.)

(4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APRIL 2014) (41 U.S.C. 4712) relating to whistleblower protections).

(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

(6) [Reserved].

(7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743

OF DIV. C).

(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT

2016) (Pub. L. 111-117, section 743 OF DIV. C).

(9) 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).

(10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL

2013) (41 U.S.C. 2313).

(11) [Reserved].

(12) (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.

(13) (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.

(14) [Reserved]

(15) (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).

(16) (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.

(17) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

(18) (i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).

https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1144881 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141649 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151163 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151299 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1140926 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1145644 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135955 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135955 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135970 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135970 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136004 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136032 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(ii) Alternate I (NOV 2016) of 52.219-9.

(iii) Alternate II (NOV 2016) of 52.219-9.

(iv) Alternate III (JAN 2017) of 52.219-9.

(v) Alternate IV (JAN 2017) of 52.219-9.

(19) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

(20) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

(21) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011)

(15 U.S.C. 657 f).

(23) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C.

632(a)(2)).

(24) 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)).

(25) 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)).

(26) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

(27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (OCT 2016) (E.O.

13126).

(28) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(29) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(30) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

(31) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(32) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010)…