12034320Q0175_MachinePile_BonnersFerry.doc

COMMERCIAL ITEMS, West Side Piling, 12034320Q0175

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

996314

PAGE 1 OF

2. CONTRACT NO.

3.AWARD/EFFECTIVE DATE

12034320Q0175

6. SOLICITATION ISSUE

DATE

6/9/2020

Rita Loper, CO

Joe Heisel, COR

b. TELEPHONE NUMBER (No collect calls)

208-714-1211 208-265-6619

8. OFFER DUE DATE/

LOCAL TIME

6/30/2020 4:00 pm (pacific)

9. ISSUED BY CODE |

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

ORDER UNDER DPAS (15 CFR 700

3815 Schreiber Way

Coeur d Alene ID 83815

[ ] HUBZONE SMALL BUSINESS

[ ] SERVICE DISABLED VETERAN-OWNED SMALL BUSINESS

[ ]8(A)

13B. RATING

NAICS: 238910

SIZE STANDARD: $16.5

14. METHOD OF SOLICATION

[ X]RFQ [ ] IFB [ ] RFP

Bonners Ferry Ranger District, Boundary County ID Idaho Panhandle National Forest Idaho Montana Acquisition Team

3815 Schreiber Way

Coeur d Alene ID 83815

FACILITY

CODE

TELEPHONE NO.

DUNS #

E-Mail Address: ________________________

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.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

E Fork Machine Piling, Bonners Ferry RD, IPNF See instructions, page 18

25. 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. [ ] ARE [ x ] 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

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

RITA J LOPER

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN [ ]RECEIVED [ ] INSPECTED [ ] ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED 32b. SIGNATURE OF AUTHORIZED GOVT.

REPRESENTATIVE

32c. DATE

33. SHIP NUMBER

[ ]PARTIAL [ ] FINAL

FOR

OFFICER

41c. DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (Rev. 3/2005) Prescribed by GSA-FAR (48CFR 53.212

SF 1449, continuation Blocks 19-24 Schedule of Services

Unit of Measure Price

TOTAL ALL ITEMS

ADDENDUM TO 52.212-4 Contract Terms and Conditions-Commercial Items.

AGAR 452.211-75 Effective Period of the Contract (FEB 1988) The effective period of this contract is from date of award through 10/31/2021.

Contract Time

Estimated start 8/1/2020, in Units 4 and 31, the Notice to Proceed will be based on site accessibility, when Forest Service crews have finished slashing and bucking fuels. Once performance begins Contractor shall maintain progress at a rate which will assure completion of work within the specified contract time. The Government reserves the right to direct sequence of work. Site accessibility and ground conditions shall be favorable for work to be performed. No work may take place when ground conditions prohibit operations (ground surface too wet resulting in surface damage, too much snow, safety hazards exist Work may be accomplished during daylight hours (one-half hour before sunrise to one-half after sunset). The Government may restrict operations on weekends or Holidays of expected high use.

Weed Free Equipment

In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of 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 the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only equipment inspected by the Contracting Officer will be allowed to operate within the project area. All subsequent move-ins of equipment shall be treated the same as the initial move-in.

Prior to initial move-in of all equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed time and location. Contractor shall provide COR with minimum 24 hours notice when equipment is ready for inspection.

Safety. Contractors shall comply with OSHA regulations and provide employees a work environment that is sanitary and not hazardous, which includes providing personal protective equipment. Contractors must maintain a health and safety plan and an accident prevention program, which includes frequent and regular inspections of the project site, materials, and equipment. Contractors are responsible for risk management regarding contractor/employee and public safety, which include experience of operator to handle road and terrain conditions, getting to the worksite, traffic control, and coordination with other users.

Loss, Damage, or Destruction. Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment. All claims arising under this clause shall be submitted to the Contracting Officer.

AGAR 452.237-74 Key Personnel (FEB 1988) (a)The Contractor shall assign to this contract the following key personnel:

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.

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 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 multi position 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 or Truck. Not required

(13) Burning. N/A 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 proper invoice electronically via IPP.

Contractor Performance Assessment Reporting System (FEB 2011)

(a) General. This contract may be subject to Federal Acquisition Regulations (FAR), past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System (CPARS). Although the expected amount of this project is below the automatic reporting threshold, an evaluation may be entered into the CPARS system.

(b) Assessment. Upon completion of the work associated with the contract/delivery orders, an evaluation may be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2020)

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

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

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

[Contracting Officer check as appropriate.]

_x_ (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 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5)[Reserved].

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

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

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

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

__ (10)[Reserved].

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

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

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

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

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

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

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

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

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

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

__ (v) Alternate IV (Aug 2018) of 52.219-9 __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

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

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15 U.S.C. 657f).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

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

x__ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

x__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

_x_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

x__ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

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

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

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

__ (39) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

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

__ (41) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

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

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

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

__ (47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

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

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

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

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

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

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

__ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

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

[Contracting Officer check as appropriate.]

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

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

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

Forestry Equipment Operator, WG-6, $11.02

Forestry Logging Heavy Equipment Operator, WG-8, $12.41 __ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

_x_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

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

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

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

(3)As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(ii) 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)).

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

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

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

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

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

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

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

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

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

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xx)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations..

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

PERFORMANCE WORK STATEMENT

WAGE DETERMINATION NO. 1995-0228, R47, dated 02/21/2020 Vicinity Map

Unit Map Landing Piling Map Food Storage Requirement

PROVISIONS

Instructions to submit quote and evaluation

FAR 52.212-3 OFFEROR REPRESENTATIONS & CERTIFICATIONS-COMMERCIAL ITEM

1.0 PERFORMANCE WORK STATEMENT

1.1 Background: The Idaho Panhandle National Forests (IPNF) are a jointly administered set of three national forests located in the state of Idaho that extends into the states of Montana and Washington. The mission of the Forest Service and Idaho Panhandle National Forests is to sustain the health, diversity and productivity of the Forests. In meeting this mission the IPNF has a need to conduct slash piling in the forest in Bonners Ferry, ID.

1.2 Description of Work: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to pile slash in a manner for optimal future Forest Service burning. The contractor performs to the requirements in this work statement and in accordance with all applicable federal, state and local regulations and laws.

1.3 Excavator Piling:

The work objective is to gather and pile slash and debris meeting the following description for “Material to be Piled” in such manner that will provide for complete and unattended combustion of the piles with relatively minor effort of ignition. This work may occur on slopes up to 45% and on rocky terrain. Some of the worksites have portions of ground that will be declared unpliable due to excessively steep slopes, wet or rocky surfaces, or light fuel loadings. Piles will have no significant quantities of soil mixed with material that would impede free combustion. The size classes of material to be piled, the approximate dimensions of the piles and the approximate percentages of material to be piled and to be left laying on the worksites are as described. The work will be performed to accomplish the following objectives:

(1) Material to be Piled: Material will be predominantly burnable organic matter with a minimum of soil content. Logging slash, uprooted brush in specified areas, and excessive concentrations of organic, burnable material shall be piled in order to enhance the site for hand tree planting or natural regeneration and to effectively reduce the fuel hazard.

Material in the 0” – 7.0” diameter size class will be piled. Approximately 65% - 75% of the entire work area should have this size material eliminated.

(2) Pile Requirements: Material must be placed into piles of sufficient height so that piles will ignite readily and burn up completely. Slash will be aligned in the same direction as much as possible. Emphasis will be placed upon pile compaction and height will be emphasized over pile width because high, well-compacted piles ignite readily and burn up completely. Slash must be tightly pressed into piles as opposed to loosely arranged in order to support complete combustion. Minimum pile height is 6 feet. Past experience indicates that a ratio of two vertical feet to three horizontal feet results in piles with optimal burning capability. For example, a pile 6 feet in height should be 9 feet wide or a pile 12 feet in height should be 18 feet wide. This is 1 of the guidelines to be used in determining a pile’s acceptability. In areas of units that contain a minimum of slash, piles can be made smaller than the specifications indicated with the approval of the COR. Small piles that are placed close to one another will not be accepted; consolidation of Piles will be required.

(3) Windrows: Slash will be pre-sawed, so the placement of material into long windrows will not be necessary or acceptable. USFS crews will buck material into 10-12 foot lengths prior to piling. Contractor will not be required to perform saw work.

(4) Long-Term Nutrient Recycling: Approximately 20 tons per acre will be retained on moist habitat types (both East Fork units – 4 and 31). Unsound, decomposing pieces are preferred over sound pieces. The tons per acre are subject to change at the discretion of the COR. In order to avoid excessive maneuvering, it is acceptable to leave isolated pockets of slash and debris. This will also apply to areas where there is not enough slash to make an acceptable pile.

(5) Ground Scarification: The percentage of ground surface to be scarified will not exceed 40% of the total unit surface area. The objective will be to create a favorable germinating and growing environment that will ensure a higher percentage of tree survivability by reducing the surface competition with other herbaceous material. In addition, it is desirable that the scarification process provide a mineral soil growing environment that is mostly devoid of mixtures of surface litter and duff.

(6) Resource Damage: Resource damage must be minimized at all times. Damage to delicate soil compositions, creation of erosion potential, and consistent scarring of seed trees and standing adjacent timber will not be acceptable. Soil erosion must be eliminated by providing adequate erosion barriers within the area of activity. Operating on excessively wet, saturated soil will be avoided. The work shall be done when the soil moisture is less than 25%.

Locate piles as far away from designated leave trees as feasible--a minimum of 15 feet where possible to accommodate future Forest Service burning procedures. The expectation is to have a minimum of 5 feet from the dripline to prevent canopy scorch. Locate piles at least 10 feet from unit boundaries adjacent to Forest Service land and 20 feet from unit boundaries adjacent to private land. Retain all standing trees in an undamaged condition.

Areas identified as roads shall be kept clear of contractor created slash piles from the top of the cut back to the downhill edge of the fill. Slash piles will not be permitted on road surfaces. No slash may be left within 5 feet of culverts, nor on trails, roads or fill-slope after piling. Keep Contractor equipment tracts parallel to the road surface in areas where roadside piling is required. Any damage to road surface, cut, or fill slope must be repaired prior to Forest Service acceptance of the work.

Each unit to be machine piled has been assigned (by the Forest Service) a ‘work category’, as shown on the Price Schedule and as described below, categorizing the difficulty of piling operations based on factors such as amount of existing slash, slope, and tree denisty. As these factors vary across the forest and unit by unit, the assigned categories help determine the workload needed to meet objectives.

Category 1 (noted for reference) 35-50 tons per acre

Slope 0-35%, Tree density tends to be moderately open with some restrictive swing movement. Some decisions are required by the operator concerning where best to build slash piles

Category 2

Standing tree density tends to be more restrictive (than category 1) and machine maneuvering becomes more time consuming, but slope and fuel loading are the same as Category 1

OR:

Standing tree density tends to be moderately open with some restrictive swing movement and slope averages are 0-35% (same as category1), but the fuel loading seems to be somewhat heavier than 35-50 tons per acre.

Category 3 (noted for reference) Heavy fuel loading: 50 plus tons per acre

Slope 0-35% plus

Dense standing tree conditions that require careful machine travel and swing movement. Operator is required to monitor pile placement closely in order to avoid crown and stem scorch.

1.4 Landing Clean-Up

A Landing is considered a place where any logs or products are gathered for loading. Logs not meeting merchantability specifications accumulated at landings is generally piled along with all the other slash and woody debris, and that landing pile is later burned to remove the fuels. The landing pile created after harvest operations were complete in East Fork Stew unit 31, was burned during the fall of 2019. However, the original landing was piled with a lot of dirt and did not burn ‘clean’, meaning that much of the logging debris in the landing pile remained unburned after the pile was called out and no longer smoldering.

The work objective is to re-pile all existing logging slash and woody debris meeting the following description for “Material to be Piled” into one (1) new, clean (dirt-free), landing pile. It is to be done in such manner that will provide for complete and combustion of the pile with relatively minor effort of ignition.

(1) Material to be Piled: Material will be unburned logging debris that was originally piled into a landing but remained after the landing was burned during the fall of 2019. The landing needs to be re-piled; all material to be re-piled is already located at the landing site and there will be no additional material added.

100% of the logging slash and woody debri located at the existing landing site needs to be re-piled.

(2) Landing Pile Requirement: Material must be placed into one (1) landing pile of sufficient height so the pile will ignite readily and burn up completely. Emphasis will be placed upon landing pile compaction and height, as well-compacted piles ignite readily and burn up completely. Past experience indicates that a ratio of two vertical feet to three horizontal feet results in landing piles with optimal burning capability. The landing must be relatively dirt-free, and unburnable material removed from the landing pile.

(3) Resource Damage: Resource damage must be minimized at all times. Operating on excessively wet, saturated soil will be avoided. The work shall be done when the soil moisture around the site is less than 25%.

Locate piles as far away from designated leave trees as feasible--a minimum of 20 feet where possible. The re-piled landing will not be placed in an identifiable drivable road surface or within 5 feet of culverts. The expectation is the re-piled landing will be in the same footprint as the original, so these requirements will be attainable.

2.0 GENERAL WORK REQUIREMENTS:

2.1 Project Location(S):

a. East Fork #4 Site:

· From Bonners Ferry Ranger District – Approx. 5 miles north on Hwy 95 to the Three Mile junction. Continue north through the light approximately 4 miles to the junction of the Camp Nine road (forest road 397); take that right. Follow for 5.5 miles and turn right on 2499, after approx. ½ mile the 2499 will junction with the 2499B spur. Stay right on 2499 and it will take you into unit 4.

b. East Fork #31 Site (unit slash piling and landing clean up):

· From the junction of forest road 2499 and 2499B as described above: stay left to follow 2499B for approximately ½ mile to unit 31.

2.2 The site is drive-in/out accessible by trucks and heavy equipment. The contractor is responsible for clearing any trees or rocks that block the road needed to access the site. Repair at Contractor expense any road or site damage caused by the Contractor’s work effort.

2.3 Provide highly skilled equipment operators capable of performing the work in a safe manner and in a manner that does not cause excessive soil disturbance or other resource or road damage.

2.4 The Contractor is responsible for contacting the COR at least 48 hours prior to starting work and providing the COR with the anticipated work locations and schedule.

3.0 Quality Control

3.1 Quality Control: The Forest Service relies on the Contractor’s existing quality control plan and inspection system for commercial services as a substitute for Government inspection and testing before tender for acceptance unless customary market practices for the commercial service being acquired include in-process inspection. Any in-process inspection by the Government shall be conducted in a manner consistent with commercial practice. The Contractor shall not rely on Government inspection for their Quality Control.

The Forest Service may conduct quality assurance for its benefit and has the right to refuse acceptance of nonconforming services. Quality issues with services tendered for acceptance or rejected by the Government shall be resolved under Contract Clause FAR 52.212-4(a), “Contract Terms and Conditions-Commercial Items”.

When inspection indicates the performance objectives were not met, the work will be deemed unacceptable and payment will not be made until the Contractor has corrected the deficiencies or payment deductions are made. Inspections after rework will be made in the same manner as the first inspection. The Contractor may be charged for actual costs incurred by the Government for inspection of rework.

3.2 Performance Requirement Summary: The below table describes the quality level of performance expected by the Forest Service and the means by which the Forest Service may use to validate acceptable services. Acceptance by the Government of satisfactory services provided is contingent upon the Contractor performing in accordance with the terms and conditions of the contract. The following inspection and acceptance criteria are to be used to determine acceptance of work under this order.

Performance Requirement Summary

(AQL)

Monitoring Method

1.3 2.0

1.3 2.0

1.4 2.0

1.4 2.0

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. 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.

Pollution and Erosion Control. During all operations under this contract, the Contractor shall exercise reasonable measures to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to prevent or minimize soil erosion and pollution of water and other resources.