RFQ_12034318Q0193_Bear_Ck_Rd_Obliteration.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER(s)

901764

2. CONTRACT NO.

3.AWARD/EFFECTIVE DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

12034318Q0193

6. SOLICITATION ISSUE

DATE

05/18/2018

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

Darrin Jackson - Contracting Questions

Chris Wolffing – Technical Questions

b. TELEPHONE NUMBER (No collect calls)

208-765-7230

208-983-5153

8. OFFER DUE DATE/

LOCAL TIME

Monday, 05/28/2018 by

12:00 p.m. PST

9. ISSUED BY CODE 02RC

USDA FOREST SERVICE

10. THIS ACQUISITION IS

[ ] UNRESTRICTED

[ X ] SET ASIDE 100 % FOR

[ ] EMERGING SMALL BUSINESS

11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

MARKED

[ ] SEE SCHEDULE

12. DISCOUNT TERMS

IDAHO MONTANA ACQUISITION TEAM [ ] SMALL BUSINESS [ ] 13A. THIS CONTRACT IS RATED

ORDER UNDER DPAS (15 CFR 700

3815 SCHREIBER WAY

COEUR D’ALENE, ID 83815

[ ] HUBZONE SMALL BUSINESS

[ ] SERVICE DISABLED VETERAN-

OWNED SMALL BUSINESS

[ X ] 8(A)

13B. RATING

NAICS: 237990

SIZE STANDARD: $36.5 Million

14. METHOD OF SOLICATION

[X]RFQ [ ] IFB [ ] RFP

15. DELIVER TO CODE 02RC 16. ADMINISTERED BY CODE 02RC

USDA FOREST SERVICE

IDAHO MONTANA ACQUISITION TEAM

3815 SCHREIBER WAY

COEUR D’ALENE, ID 83815

USDA FOREST SERVICE

IDAHO MONTANA ACQUISITION TEAM

3815 SCHREIBER WAY

COEUR D’ALENE, ID 83815

17a. CONTRACTOR/ OFFERER CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE IPP

Address:

TELEPHONE NO. DUNS NO.

E-Mail Address: FAX NO.

INVOICE PROCESSING PLATFORM (IPP)

ALL INVOICES MUST BE SUBMITTED ELECTRONICALLY

THROUGH THE INVOICE PROCESSING PLATFORM IPP VIA:

WWW.IPP.GOV.

17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUMBIT INVOICES TO ADDRESS SHOWN IN BLOCK 18A UNLESS

BLOCK BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QTY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

BEAR CREEK ROAD OBLITERATION PHASE I

Nez Perce-Clearwater National Forest

Idaho County, Idaho

SUBMIT FOR QUOTE:

1) SF1449 Contractor Address, Phone, DUNS#: Email, Fax, and

Blocks (17a, 30a-30c) Signature, Title and date (page 1).

2) Complete Schedule of Items (page 2)

3) Workplan and Schedule (page 6) & Key Personnel (pages 3-4)

4) Experience Questionnaire (separate attachment, may submit separate document answering questionnaire).

1. ACCOUNTING AND APPROPRIATION DATA

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

[X] 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5. [ X ] ARE [ ] ARE NOT ATTACHED.

[ ] 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA [ ] ARE [ ] ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ONE (1)

[ X ] TO ISSUING OFFICE, CONTRACTOR AGREES TO FURNISH AND DELIVER ALL

ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN

[ ] 29. AWARD OF CONTRACT: REFERENCE OFFER DATED

. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH A11

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (Signature Of Contracting Officer)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE STANDARD FORM 1449 (Rev. 3/2005) Prescribed by GSA-FAR (48CFR 53.212 http://www.ipp.gov/

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CONTINUATION OF SF1449, BLOCKS 19-27a

SERVICES AND PRICES

BEAR CREEK ROAD OBLITERATION PHASE I

RFQ No.: 12034318Q0193

Nez Perce-Clearwater National Forest

Red River Ranger District

Idaho County, Idaho

SCHEDULE OF ITEMS.

Sub-Item

No.:

Description

Method of

Measure*

Pay

Unit**

Est. Qty.

Unit Price

Total

Mobilization

LS

LS

Roadway Obliteration, Method 1

CQ

MI

12.10

Equipment Rental, Hydraulic Excavator (with Thumb)

AQ

HR

TOTAL PRICE (ITEMS 1 – 3) =

$ XXXXXX

NOTE: See separate attachment, Attachment 02 for Bear Creek Rd. Obliteration Specifications.

* Method of Measurement: LS = Lump Sum, CQ = Contract Quantity, AQ = Actual Quantity.

** Pay Unit: LS = Lump Sum, MI = Mile, HR = Hour

Contractor shall give a price per hour under Sub-Item No.: 003 – Equipment Rental, Hydraulic Excavator with Thumb for additional work above the estimated quantities that are encountered during the contract performance. All work under this item shall be approved by the government in writing prior to starting. The Government does not guarantee that any work of this type shall be ordered and reserves the right to reduce or eliminate entirely the work under this item with no adjustment in contract unit price.

Incidental Payment Items. The intent of this contract is to provide for the complete services of the project described in this contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies, and perform all work required to complete the project in accordance with the drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay Items included in the

Schedule of Items. All other work and materials will be considered as incidental to, and included in, the payment for the

Items shown.

Basis of Award. The Government intends and reserves the right to award one contract resulting from this solicitation to the responsible Quoter whose quote conforms to the elements of this RFQ and is the best value to the Government; price, past performance delivery schedule will be evaluated.

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

http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

12034318Q0193 / Bear Creek Road Obliteration Phase I / Red River R.D. / Nez Perce-Clearwater NF Page 3 of 20

52.212-4 Contract Terms and Conditions -- Commercial Items. (JAN 2017)

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

(End of Clause)

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEPT

2013)

a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United

States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)).

For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

FAR 52.237-1 Site Visit (APR 1984). Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Questions regarding accessibility and maps should be addressed to the applicable district point of contact:

Technical Contact: Chris Wolffing at 208-983-5153.

AGRICULTURE ACQUISITIONS REGULATION CLAUSE

AGAR 452.211-74 Period of Performance (FEB 1998). The period of performance of this contract is from the effective date of the Notice to Proceed and shall be completed by October 31, 2018. The estimated start date is June 1, 2018.

AGAR 452.215-73 Post Award Conference (NOV 1996). A post award conference with the successful offeror is required. It will be scheduled prior to the Notice to Proceed is issued, after the date of contract award. The conference will be held at the location the CO and Contractor agree upon.

At this meeting we will discuss the contract terms, work performance requirements, and safety. Also at this meeting such items as work progress schedule, quality control, camping/worksite plan, salvage plan (if needed), fire prevention and suppression plans shall be finalized in writing.

http://www.biopreferred.gov/ http://www.sam.gov/

12034318Q0193 / Bear Creek Road Obliteration Phase I / Red River R.D. / Nez Perce-Clearwater NF Page 4 of 20

AGAR 452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

Name of Project Foreman: _________________________________________________________________

Name of Equipment Operator(s): ___________________________________________________________

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the

Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting

Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

The following is an ADDENDUM TO FAR 52.212-4 – Contract Terms and Conditions – Commercial Items (JAN

2017).

DESCRIPTION AND SPECIFICATIONS

PROJECT DESCRIPTION AND LOCATION.

Description of Work: Bear Creek Road Obliteration Phase I: The project consists of 12.10 miles of full road obliteration by re-contouring and decompacting on the Red River Ranger District. Work includes structure removal, surface de-compaction and restoring natural slopes on features such as roads, skid trails, excavated skid roads and log landings. Work also includes seeding and applying available slash on disturbed soil.

Project Location: Directions from Grangeville, Idaho to project center: Head east on Mt Idaho Grade for 9.6 miles. Merge onto ID-14E and continue east for 28.4 miles. Turn left (north) up Newsome Creek Road (Forest

Service Road 1858) for 0.3 miles. Turn right on FSR 307 and continue for 4.1 miles. A majority of the project can be accessed off of the 307 Road.

Pre-Bid Tour: None

Pre-Bid Conference: None

Start Work: Work on the project shall commence no earlier than June 1, 2018, and proceed in accordance with the contractor’s approved work schedule and run continuously till the end of the project no later than

October 31, 2018.

Period of Performance: (See AGAR 452.211-74 Period of Performance (FEB 1998), page 3).

Government-Furnished Property: None

PROJECT SPECIFICATIONS.

The Project Specifications listed in the Specification List (Refer to Attachment 02. Bear Creek Obliteration

Specifications) are applicable to this contract and are physically included in this section.

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*NOTE: THE SPECIFICATION LIST INCLUDES THE MAJOR SPECIFICATIONS APPLICABLE TO THIS

PROJECT. OTHER SPECIFICATIONS REFERRED TO WITHIN THESE SPECIFICATIONS (EVEN

THOUGH NOT SPECIFICALLY LISTED HEREIN) ARE ALSO FULLY APPLICABLE TO THIS REQUEST

FOR QUOTE AND ANY RESULTANT CONTRACT.

BIOBASED PRODUCT UTILIZATION

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7

U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition

Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through

Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).

The following is an example list of products that may be used in this contract for which biobased products are available.

The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Fertilizers Dust Suppressants 2-Cycle Engine Oil

Penetrating Lubricants Hydraulic Fluids Greases

Concrete and Asphalt Release Fluids Absorbents Wood and Concrete Sealers

Diesel Fuel Additives

Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the

Contractor is encouraged to use other commercially available biobased products.

Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes (see

Section I, FAR Clause 52.223-2).

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.

WORKPLAN AND SCHEDULE. The Contractor shall prepare a work plan and schedule that demonstrates that work will be completed within the performance period. The Contractor shall provide a general plan prior to the start of work.

A supplementary plan and schedules may be provided after contract award, but at least 10 days before start work. The

Contractor shall advise the Contracting Officer or COR of any periods that the Contractor will not be working that is not specified in the accepted work plan. The Contractor may update the work plan when work is in progress and the

Contracting Officer may accept the updated work plan.

Describe all significant work tasks, the sequence in which they are to be performed, and the workers and equipment to be assigned. Include the proposed time to be devoted to obliterating each road.

Specifically address:

http://www.biopreferred.gov/

12034318Q0193 / Bear Creek Road Obliteration Phase I / Red River R.D. / Nez Perce-Clearwater NF Page 6 of 20

Proposed starting and completion dates and estimated rate(s) of production

Type and size of all equipment to be used, including excavator(s), dozer(s), dump truck(s) and any other equipment to be used on site

Identify the foreman and workers and their duties on site

INSPECTION AND ACCEPTANCE

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the

Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the

Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory rework. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and rework, including, if completion of the work was thereby delayed, an extension of time.

12034318Q0193 / Bear Creek Road Obliteration Phase I / Red River R.D. / Nez Perce-Clearwater NF Page 7 of 20

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the

Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

DELIVERIES OR PERFORMANCE

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

Work on the project shall commence June 1, 2018, and proceed in accordance with the contractor’s approved work schedule and run continuosly with no shutdowns. All work, including final cleanup, shall be completed by

October 31, 2018.

CONTRACT ADMINISTRATION DATA

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 will be enrolled automatically. Contractor will subsequently receive electronic notification from IPP of enrollment. IPP password will be delivered electronically to allow first login to IPP. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

Idaho Workers Compensation Law

(a) Prior to award of any contract subject to Idaho Workers' Compensation Laws, the Contractor must provide a completed

State of Idaho Certificate of Verification of Workers’ Compensation Insurance form to the Government. This form will be submitted to the Idaho Industrial Commission by the Government in order to assure that the Contractor in line for award has the required worker’s compensation coverage or is exempt from the requirement for coverage.

(b) A copy of the State of Idaho Certificate of Verification of Workers' Compensation Insurance form has been provided for use in the Attachments and shall be completed and submitted as part of the quote.

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

Compliance Officer prior to issuance of the Notice to Proceed.

GOVERNMENT-FURNISHED PROPERTY

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

“Government Property” FAR clause contained elsewhere in the contract.

No Government Property will be provided for this project.

CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer (CO) will designate a representative, hereinafter referred to as the Contracting Officer's

Representative (COR) or, alternatively, as the Engineer, who will provide on-the-ground administration for the

Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the prework conference. The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer. The term "Contracting Officer" as used throughout the Specifications, shall be interpreted to include the Contracting Officer's designated representative(s) acting within the limits of their delegation of authority.

http://www.ipp.gov/

12034318Q0193 / Bear Creek Road Obliteration Phase I / Red River R.D. / Nez Perce-Clearwater NF Page 8 of 20

SUBMITTAL / NOTIFICATION TIMELINES.

Required Submittal/Notification Deadline for Receipt by the

Government

Applicable Specification

Hazardous Spill Plan Prior to start of work

Equipment Mobilization Notification 24 hours prior to moving equipment onto Nez Perce N.F

Attachment 02, Item 1 - Mobilization

Traffic Control Plan 7-days prior to start of work Barricades, Warning Signs, and Other Devices, (page 10)

Excavator Size Approval Prior to use Attachment 02

Straw Bales Certification Prior to use Stray/Hay Bales, (page 11)

SPECIAL CONTRACT REQUIREMENTS

PERMITS

The Contractor shall, without any additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

CAMPING / CONDITIONS ON USE OF PREMISES.

(a) Camping will be allowed only at the sites designated on the project maps or approved in advance by the

Contracting Officer.

(b) No improvements of a permanent nature shall be constructed without prior written approval of the Contracting officer.

Temporary structures such as tent frames, hitch racks, tents and tent pegs shall be removed at the end of the period of use, all evidence of the camp eliminated, and the site restored to its original condition. Final payment will not be authorized until the campsite has been cleaned up and the site is approved by the

Contracting Officer or his designated representative. Reusable native material may be neatly stacked for future use.

(c) Vegetation shall be undisturbed to the maximum extent possible. The Contractor will be permitted to cut only those trees designated by the COR.

(d) Storage of petroleum products in excess of 50 gallons at the campsite will require the approval of the COR.

All petroleum spills shall be immediately cleaned up. All spills shall be reported immediatly to the CO or

COR. Spills over 25 gallons or that cause a sheen on surface water shall be reported to the Idaho State

Department of Enviromental Quality. No waste disposal of petroleum product will be permitted on National

Forest land.

(e) Chemical toilets are preferred for all campsites, however, the Contractor may be permitted to construct a slit trench when conditions warrant. Any slit trench constructed shall not be located closer than 400 feet to any live stream and is subject to approval of the COR. The trench shall be covered and the area restored to as natural a condition as possible when the camp is closed.

(f) Refuse including waste materials, garbage, and rubbish of all kinds, shall be disposed of in the following manner, and shall guard the purity of streams and living waters:

Garbage, trash, sewage waste, and other litter shall be kept in closed fly-proof containers and periodically hauled to an approved disposal facility located outside of the National Forest.

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(g) Waste water shall be disposed of in a leach pit located at least 300 feet from springs, streams, and lakes. The pit shall be a minimum of 2 x 2 x 2 feet and shall be filled with rock two to eight inches in diameter. The leach pit shall be covered with at least two feet of compacted soil when the camp is closed.

(h) No waste or by-products shall be discharged if it contains any substances in concentrations which will result in substantial harm to fish and wildlife, or to human water supplies.

Storage facilities for materials capable of causing water pollution, if accidentally discharged, shall be located so as to prevent any spillage into waters, or channels leading into water, that would result in substantial harm to fish and wildlife or to human water supplies.

(j) The camp area shall be maintained to present a clean, neat, and orderly appearance. Disposal of trash and debris, unusable machinery, Forest Service authorized improvements, etc., shall be kept current. Building materials, firewood, etc., shall be neatly stacked.

The campsite shall be left in a clean condition. Any clean-up work not accomplished by the Contractor at time of camp closure will be done by the Forest Service, and the actual cost of such clean-up will be deducted from payment otherwise due the Contractor.

BARRICADES, WARNING SIGNS, AND OTHER DEVICES.

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic. See FSSS 156 Public Traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes. Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

OTHER FACTORS AFFECTING THE WORK.

PETROLEUM PRODUCTS

Storage of more than 200 gallons of petroleum products on the project must be done under the rules and regulations of the State of Idaho Forest Practices Act (IDAPA 20.02.01) and Pacfish Standard RA-4. A partial list of these requirements are listed below.

(a) Storage containers shall be sited within a constructed dike of sufficient size to contain 125% of the volume of the petroleum products stored in the tanks.

(b) The storage areas shall be located more than 300 feet from any existing stream courses.

Fueling of equipment shall be done in a manner to eliminate potential spills.

(a) Transfer trucks shall be limited to 200 gallons maximum.

(b) Fueling of equipment shall take place a minimum of 300 feet from any stream course. If this requirement cannot be met a written spill plan must be approved by the COR.

(c) All spills shall be reported immediately to the COR. Spills over 25 gallons or that cause a sheen on nearby surface water must be reported to the Idaho Division of Environmental Quality.

No more than 5 gallons of fuel within 100 feet of a stream are allowed at any one time and storage of more than 5 gallons of fuel requires spill containment measures.

All vehicles carrying fuel will have specific equipment and materials needed to contain or clean up any incidental

12034318Q0193 / Bear Creek Road Obliteration Phase I / Red River R.D. / Nez Perce-Clearwater NF Page 10 of 20 spills at the project site. Equipment and materials will be specific to each project site, and can include spill kits appropriately sized for specific quantities of fuel, shovels, absorbent pads, straw bales, containment structures and liners, and/or booms.

NOXIOUS WEED CONTROL. In order to prevent the potential spread of noxious weeds into work areas, Contractor shall be required to use weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all equipment prior to entry on to the work area. This cleaning shall remove all dirt and plant parts and material that could carry noxious weed seeds into the work area. Only equipment cleaned and inspected by the Forest Service will be allowed to operate within the work area. All subsequent move-ins of equipment shall be treated in the same manner as initial move-in. "equipment" does not include pickup trucks and personal vehicles.

Prior to the initial move-in, and all subsequent move-ins, the Contractor shall make all equipment available for inspection by the Forest Service at an agreed upon location. The Contractor shall give the Forest Service at least 24 hours advance notification when equipment is ready for inspection.

Straw/Hay Bales shall be certified as “Weed Free”. The source field shall be inspected and certified by the county extension agent from the county that the straw/hay is grown. Each shipment onto the forest shall be accompanied by a certification tag stating that it is weed free. The contractor shall furnish the forest service with a statement of certification.

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 his employees, the Contractor, when requested by the Contracting Officer, shall place his 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 firefighting 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 his operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved hand tool 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:

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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) Power saws. For each power saw 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 power saw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; power saw shall be moved at least 10 feet from place of fueling before starting.

(5) 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.

(6) 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.

(7) 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.

(8) 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.

(9) 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 hand pump attached, shall be immediately available for use in the event of a fire start.

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(10) 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.

(11) Pump and Trailer or Truck.

(i) The Contractor shall provide at a location satisfactory to the Contracting Officer, a serviceable truck or trailer, equipped with a fire fighting tanker unit to be kept ready for instant use for suppressing forest fires at the COR written request. The unit shall consist of a tank of not less than 100-gallon capacity which shall be mounted to a live hose reel with a minimum of 100 feet of hose not less than (3/4) inch INSIDE diameter of non-collapsible (booster) hose with combination nozzle. Hose shall be connected to the water supply.

(ii) The tank shall be attached to the chassis frame or to a structurally sound flat bed in such a way to withstand pitch, roll and yaw of the load during on and off road operation of the unit without damaging the tank or other chassis components.

(iii) Each Pump and Trailer or Truck unit shall have an additional fitting for 250 feet of ¾ inch garden type hose (capable of withstanding the required pressure), two ¾ inch gated wyes, and 4 hose nozzles of the shut-off type, adjustable for straight stream, spray, or fog.

(iv) A fire extinguisher, multi-purpose 2A 10BC that is securely mounted to the trailer or truck and accessible by the operator shall be required. The fire extinguisher shall have a current annual inspection tag and the annual maintenance tag in regards to a 6 year annual inspection and every 12 years regarding a hydro test on all dry powder, metal fire extinguishers.

(v) Tools, adapters, accessories and fuel necessary to operate the pump and trailer or truck shall be provided. If a trailer is used, the proper tow hitch shall require a 2” ball, a serviceable vehicle and shall be located at point satisfactory to the Contracting Officer. Fill sites shall be identified prior to use, and equipment shall be field tested in the presence of an inspector.

(12) 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.

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(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 discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

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

Commercial Items (JAN 2018).

(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)).

__ (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.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (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).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1158787 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/ 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/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 http://uscode.house.gov/ 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

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__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C.

2313).

__ (10) [Reserved].

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

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

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

__ (13) [Reserved]

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2)and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (Nov 2016) of 52.219-9.

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

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

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting 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 (Nov 2011) (15 U.S.C. 657 f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

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

Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

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