Solicitation.pdf

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ X IS IS NOT A SMALL BUSINESS SET- ASIDE 1 42

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING

1204R320Q0003 985430

UNDER BDSA REG. 2

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date)

Umatilla National Forest 72510 Coyote Rd Pendleton, OR 97801

See clause entitled, “Commencement, Prosecution, and Completion of Work.”

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION

NAME TELEPHONE NUMBER X OTHER (See Schedule)

Breanne Parker, Contracting Officer

AREA CODE

NUMBER

278-3944

9. DESTINATION

Tara Hanger, COR

843-4676 a. NAME OF CONSIGNEE

8. TO: Pomeroy Ranger District

a. NAME b. COMPANY b. STREET ADDRESS

71 West Main Street

c. STREET ADDRESS c. CITY

Pomeroy

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

WA 99347

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A.

This request does not commit the Government to pay any costs incurred in the preparation of the

January 24, 2020 – 4:30 PM PST submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(a) (b) (c) (d) (e) (f)

Estimated

Oregon Butte, Point Prominence, and Johnson Rock Fire Lookout Services for the Umatilla and Wallowa-Whitman National Forest in accordance with the attached specifications.

Award under this solicitation will be made through issuance of multiple Blanket Purchase Agreements. Utilization of Service Contract Labor Standards shall be used in response to this solicitation.

See next page for items and quantities.

See Schedule of Items on page 2.

*DUNS NUMBER __________________

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS c. 30 CALENDAR DAYS d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT NUMBER PERCENTAGE

NOTE: Additional provisions and representations X are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or Print) NUMBER

NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

1204R320Q0003, Lookout Services, Umatilla/Wallowa-Whitman NF Page 2 of 42

CONTINUATION SHEET Solicitation No. AG-04R3-S-17-0004

Name of Offeror or Contractor

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT

UNIT

PRICE

AMOUNT

SCHEDULE OF ITEMS

SUPPLIES OR SERVICES

AND PRICES/COSTS

Oregon Butte, Point Prominence, and

Johnson Rock Fire Lookout Services

2020 Oregon Butte Fire Lookout

Services 90 Day $ $

1A 2020 Overtime Rate when requested

(estimated) 40 Hr $ $

Total for 1 and 1A xxx xx xxxxxxx $

1B 2021 Oregon Butte Fire Lookout

Services 90 Day $ $

1C 2021 Overtime Rate when requested

(estimated)

Total for 1B and 1C xxx xx xxxxxxx $

1D 2022 Oregon Butte Fire Lookout

Services 90 Day $ $

1E 2022 Overtime Rate when requested

(estimated)

Total for 1D and 1E xxx xx xxxxxxx $

2020 Point Prominence Fire Lookout

Services 90 Day $ $

2A 2020 Overtime Rate when requested

(estimated)

Total for 2 and 2A xxx xx xxxxxxx $

2B 2021Point Prominence Fire Lookout

Services 90 Day $ $

2C 2021 Overtime Rate when requested

(estimated)

Total for 2B and 2C xxx xx xxxxxxx $

2D 2022 Point Prominence Fire Lookout

Services 90 Day $ $

2E 2022 Overtime Rate when requested

(estimated)

Total for 2D and 2E xxx xx xxxxxxx $

1204R320Q0003, Lookout Services, Umatilla/Wallowa-Whitman NF Page 3 of 42

2020 Johnson Rock Fire Lookout

Services 90 Day $ $

3A 2020 Overtime Rate when requested

(estimated)

Total for 3 and 3A xxx xx xxxxxxx $

3B 2021 Johnson Rock Fire Lookout

Services 90 Day $ $

3C 2021 Overtime Rate when requested

(estimated)

Total for 3B and 3C xxx xx xxxxxxx $

3D 2021 Johnson Rock Fire Lookout

Services 90 Day $ $

3E 2021 Overtime Rate when requested

(estimated)

Total for 3D and 3E xxx xx xxxxxxx $

*You can choose to quote on all three or one lookout location

DATA UNIVERSAL NUMBERING SYSTEM (DUNS)

Quoter shall insert their DUNS number: _______________________________________

SYSTEM FOR AWARD MANAGEMENT (SAM)

Are you registered in SAM and is your registration current?

[ ] Yes [ ] No

1204R320Q0003, Lookout Services, Umatilla/Wallowa-Whitman NF Page 4 of 42

1. PERFORMANCE WORK STATEMENT

The purpose of this contract is to provide lookout services to detect and report smokes or fires within and adjacent to the Umatilla National Forest and the Wallowa Whitman National Forest. The lookouts shall be required to maintain a daily log of events and provide a written summary of events at the end of each contract year. Work shall include monitoring radio traffic, relaying radio messages, plotting fire start locations, providing fire behavior reports, report state of the weather and take weather readings when requested.

This contract is a three-year contract and will be effective from July 1, 2020 until October 31, 2022. Each year will be started by issuance of an option to extend modification by the Government.

Services shall be required 7 days per week, from 0900 to 1800 hours, with overtime work when requested, approximately 75 hours per year. There may be opportunities to schedule days off during the scheduled period of performance, but those days must be agreed to by the Contracting Officer Representative (COR) in advance. The COR may cancel scheduled days off at the last minute, should circumstances arise requiring lookout services.

2. LOCATION

Oregon Butte Lookout (Umatilla National Forest) is located on the Pomeroy Ranger District, Pomeroy

Washington, at Township 7 North, Range 41 East, Section 4, at approximately 6000 feet in elevation.

Access:

From the Eckler Mountain Road located in Dayton, WA. Follow road about 15 miles (heading east) to a stone monument located at the junction of Eckler Mountain Rd. and Kendall Skyline rd. (F.S. road #46).

From there turn right (south) on to Kendall Skyline #46 for 12 miles to Godman Guard Station. Turn left

(east) below Godman on to Rd. #4608. Take all main right turns for 5 miles to Teepee Trailhead. From

Teepee Trailhead hike 3 miles to Oregon Butte Lookout on Oregon Butte Trail #3134.

The Government may, at its option, move the lookout Contractor and Contractor-furnished equipment into the lookout site when road or trail conditions permit passage.

Considerations:

Oregon Butte is in the Wenaha-Tucannon Wilderness, no motorized or wheeled access exists from Tee Pee

Trailhead to Lookout facility. The Oregon Butte trail is only maintained for foot and pack string use since it is located within the Wenaha-Tucannon Wilderness. Oregon Butte Trail #3134, begins at Teepee Trailhead and climbs and descends over ridges, draws and through saddles with slope grades ranging from 0 to 40% for 2.5 miles towards a log water trough. From there the trail climbs for 0.5 miles to Oregon Butte Lookout.

This distance can be traversed in 1 to 2 hours depending on conditions of trail, weather, and time of day and level of fitness of the individual.

Access to local communities, to obtain supplies requires most part of a day.

Serving as a lookout at Oregon Butte requires living in a 14’ by 16’ area for long periods of time and will/may require staffing extended hours, throughout the contract period.

Extremes in weather conditions occurs due to the lookouts location and elevation.

Approved water source for consumption and use is located at Godman Guard Station. Water must be hauled from Godman Guard Station to lookout by the Contractor.

1204R320Q0003, Lookout Services, Umatilla/Wallowa-Whitman NF Page 5 of 42

Johnson Rock Lookout (Wallowa Whitman National Forest) is located on the La Grande Ranger District, T5S R35E Section 14 (Willamette Meridian), approximately 5700 feet elevation.

To reach the lookout, proceed from the City of La Grande Northwest 8 miles on Interstate Highway 84.

Hence westerly 12 miles on two lane State Highway 244; hence southerly 8.13 miles on two lane surfaced

Forest Service road 51; hence easterly three miles on single lane graveled Forest Service road 5115: hence southerly 4.49 miles on single lane graveled Forest Service road 51155120.

Note: Four-wheel drive vehicle is recommended for the last 1 mile on Forest Service road 51155120.

Johnson Rock is a 90 foot tower structure with living quarters and observation tower together. The living quarters has solar/battery power with converter, propane/LED lighting, cook stove, refrigerator and a wood heating stove.

PT. Prominence Lookout (Wallowa Whitman National Forest) is located on the La Grande Ranger

District, T2S R42E Section 21 (Willamette Meridian), at approximately 6400 feet elevation.

To reach the lookout; proceed from the City of La Grande northeast 6.5 miles on Oregon State Highway 82.

Hence easterly 5.5 miles on two lane all surface Lower Cove Road; hence northerly 1 mile on gravel Foot Hill

Road; hence easterly on Mt. Harris Road; hence easterly 8.5 miles on graveled Forest Service road 62; hence southerly 1.5 miles on graveled Forest Service road 6220 to lookout parking area.

Note: Four-wheeled drive vehicle is recommended for the last 1.5 miles on road 6220.

Pt. Prominence is a 90 foot tower structure with living quarters and observation tower together. The living quarters has solar/battery power with converter, propane/LED lighting, cook stove, refrigerator and a wood heating stove.

3. GOVERNMENT OBLIGATIONS AND FURNISHED MATERIALS

A. The Government will conduct a workshop the first day that the primary and relief lookout are on duty to explain the lookout procedures and instruction guides at no charge to the Contractor. The workshop will be conducted at the lookout site and/or Ranger District Office.

B. Any lookout furnished by the Contractor after the initial workshop will be trained by the Contractor at the

Contractor’s expense.

C. Lookout sites will include the following Government facilities, equipment and supplies:

1. Living and work quarters.

2. Fire finder and compass.

3. Binoculars and/or spotting scope.

4. Radio Communications (Forest Service radio). The Government will provide maintenance, batteries and antenna.

5. Cellular phone. The Government-furnished cell phone is limited to official use only.

6. Topographic maps (of the seen area).

7. Lookout instruction guides.

8. Weather Instruments and supplies.

9. Lookout log.

10. Transport of Contractor’s supplies and equipment by animal pack string or by other means will be provided by the Government at the beginning and end of the contract period (for Oregon Butte).

11. Forest Service key for entrance to lookout.

1204R320Q0003, Lookout Services, Umatilla/Wallowa-Whitman NF Page 6 of 42

12. Fire extinguisher.

13. Source of safe water.

14. Propane gas stove, refrigerator, tank, and propane fuel.

15. “Firefighters Guide” NFES 1571.

16. Bed.

17. Outdoor pit toilet facility.

18. Wood or propane heating stove.

The Contractor shall be responsible for loss, damage or destruction of Government property unless the Contractor can show the damage resulted from causes beyond the Contractor’s control and without the Contractor’s fault or negligence.

4. CONTRACTOR OBLIGATIONS

Lookouts must have the necessary experience, technical skills, and abilities to perform this contract. Prospective contractors may be required to demonstrate these skills and abilities and show evidence of experience prior to award of a contract as part of a pre-award survey (FAR 9.104-1). Firefighter's Guide NFES 1571 may be used as a guide to determine knowledge and skills.

General knowledge and experience in cleaning and minor maintenance of a lookout is required.

General knowledge of radio system(s) to affect minor repair or trouble shoot radio system at the lookout facility if given verbal directions to follow.

Lookout may be required to attend 40 hours of basic fire school training.

The Contractor shall furnish the following items:

1. A minimum of one lookout and one relief lookout.

2. All bedding, lamps, and appliance fuel.

3. All transportation to and from the lookout site. Exception: Initial arrival and final departure to and from

Oregon Butte to and from Tepee Trail Head may be provided by the Pomeroy Ranger District.

4. Cleaning supplies. (Broom, mop, paper towels, window cleaner, etc.)

5. Drinking water and water containers.

6. Food -- Lookout shall have on hand at all times, a five-day supply of food and water.

7. Cooking utensils.

8. Office supplies if needed.

9. All other incidentals necessary to perform the work.

5. LIABILITY

The Contractor shall assume all risk of loss, damage, injury to his/her equipment and those person(s) performing the contract work and shall hold and save the Government and its employees harmless from liabilities of any nature or kind resulting from performance of this contract, except for negligent acts of Government employees.

1204R320Q0003, Lookout Services, Umatilla/Wallowa-Whitman NF Page 7 of 42

6. DEFINITION OF TERMS

A. Contracting Officer (CO) – The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representative of the Contracting Officer acting within the limits of his/her authority.

B. Contracting Officer’s Representative (COR) – The COR is the on-site contract administrator for the

Contracting Officer. The duties and responsibilities of a COR are defined in the letter of designation issued by the Contracting Officer.

C. Day – A nine hour work day beginning at 0900 and ending at 1800.

D. Detect and Report Wildfires – Surveillance for smoke and lightning strikes, recording their location, and reporting them to the appropriate station according to the established standards.

E. Monitor and Forward Radio Messages – Remaining close to the Forest Service radios, and recording all incoming and outgoing messages in the appropriate radio log. The Government-furnished radios shall not be used by the Contractor for personal purposes except in cases of emergency. This does not prohibit participation in evening “breeze” sessions. The radios shall remain on and audible 24 hours per day while the site is occupied by the Contractor so that the Government can establish contact at any time if needed.

F. Incidental Night Calls – Any radio messages taken before or after regular scheduled hours except for hours requested for overtime.

G. Record and Report Weather Observations – Taking readings from weather instruments as instructed and reporting the readings by radio to the appropriate station. Weather observations may be requested at any time by the Government.

H. Lookout Site – The actual lookout structure and the geographical location.

I. Lookout – The person who performs the services.

7. TECHNICAL SPECIFICATIONS

A. Responding to fire/smoke sightings. The lookout shall notify Blue Mountain Interagency Dispatch after sighting a smoke with an azimuth (plus or minus 1 degree) and estimated distance (plus or minus 1 mile), legal description (Township, Range, Section, quarter/quarter-section) general location or landmark within

10 minutes of initial discovery.

B. Lookout shall notify dispatch of approaching storms that may produce lightning and/or produce winds that could affect fire behavior. The lookout must be able to locate accurately on the map and describe, by local name, landmarks of any point in his/her areas. The lookout must be proficient in the use of the fire finder to accurately locate fires within 1/2 mile of the actual legal location 90% of the time. Must have working knowledge of the 2 to 1 work to rest ratio and apply that guideline in daily operations.

C. Lookout shall relay radio transmissions without any material change to content or meaning.

D. Lookout shall respond to radio calls within a 10 second period.

E. Midday meals shall be scheduled without interference with current activities or scheduled weather reporting.

1204R320Q0003, Lookout Services, Umatilla/Wallowa-Whitman NF Page 8 of 42

F. When not required to maintain lookout service, the Contractor shall establish communication procedures with the Government that will allow the Contractor to provide service within 24 hours after the first government attempt to make contact through the established communication procedures.

G. The lookout site is a government facility; as such it is required to be kept to acceptable cleanliness levels.

Windows shall be washed every 7 days or when visibility is impaired. Counters and window sills shall be kept free of excess personal items and dusted when necessary. Floors shall be kept clean. The deck and stairway shall be kept clear. As a safety concern, the area immediately adjacent to the heating or cook stove shall be kept free from additional items. The government maintains a No Tolerance policy for illegal drugs.

H. For the convenience of the Government, in the event of adverse weather conditions, the Government may close the lookout site at no cost to the Government.

I. For the convenience of the Government, an employee of the Government may be placed at the site in the event of abnormal workload or when unable to make contact with the Contractor. Contractor shall reimburse the Government for services supplied when unable to make contact.

J. The lookout structure and other facilities shall be kept accessible to the Government for the purpose of building or equipment repairs.

K. Daily weather observations shall be taken and reported to dispatch. The time weather is taken will be determined by the COR (normally 1300 each day).

L. The lookout site is sometimes visited by the public, on these occasions it is expected that the Contractor present themselves and the lookout site in a professional and affable manner and that the lookout site be kept clean and tidy, as it represents a professional workplace. Public entrance to the lookout cab itself is always at the discretion of the Contractor.

8. GOVERNMENT INSPECTION PROCEDURES

Established Standards

1. “Firefighters Guide” NFES 1571 lists the established standards against which performance will be measured. A copy is available at any U.S. Forest Service Ranger District.

2. The Government may periodically ignite a simulated smoke and/or use a signal mirror flash at a location known to be visible to the lookout to check the lookouts’ readiness and efficiency. The lookout will be expected to complete reporting and respond within 15 minutes and plot within +2 azimuth, +1/2 mile distance and tied to nearest landmark.

3. Inspection will be made on a periodic unscheduled basis. The Contractor will be informed of any deficiencies. The Contractor shall correct all deficiencies within 24 hours. Work not meeting established standards will be cause for non-payment of the day in question.

4. Repeated failure to correct deficiencies or comply with standards, specifications, and contract clauses may result in termination for default.

1204R320Q0003, Lookout Services, Umatilla/Wallowa-Whitman NF Page 9 of 42

9. GOVERNMENT ACCESS

(a) For the convenience of the Government, an employee of the Government or other agent may be placed at the site in the event of abnormal workload or when unable to make contact with the Contractor.

(b) The lookout structure and other facilities will be kept accessible to the Government for the purpose of building or equipment repairs.

(c) Public visitation of Oregon Butte Lookout is popular and contractor is expected to be a “good host” to visitors when reasonable. However, the lookout has the right to deny public access to the lookout facility if it will impede the performance of lookout duties or the lookout deems it un-safe or uncomfortable.

10. MEASUREMENT AND PAYMENT

A. Payment will be made for the days worked at the unit price listed in the Schedule of Items.

B. Overtime hours may be ordered at any time during the course of any shift, depending on the lightning activity level or current activities. An estimated number of overtime hours for each lookout are shown on the

Schedule of Items for the season. The Government will pay for overtime ordered by the Government at the unit price listed in the Schedule of Items in one-half (1/2) hour increments.

C. By mutual agreement, the Contractor may furnish lookout services at alternate sites to be designated in case of emergency need. Such alternative sites are limited to existing, un-staffed lookout sites. Daily rates will be at those in the Schedule of Items. Government and Contractor furnished equipment is to be mutually agreed upon.

D. The Government will pay a minimum of ½ the daily rate for the first day of any adverse weather or closure. Other payment will not be made for the proceeding days of closure.

E. Incidental night calls are paid at the rate of ¼ of the overtime rate per call.

F. All quantities in the Schedule of Items are estimates only. The Government will pay for actual days or hours worked as provided for in the schedule and payment provisions, however, the Government will guarantee a minimum of 55 days within the entire contract period.

11. ESTIMATED PERIOD OF PERFORMANCE

(a) The estimated availability periods during which the Contractor will be required to furnish lookout services each summer is from July 1 through October 31. Length of season is dependent on weather factors, fire season, and severity. The availability period may be extended on a day-to-day basis either prior to the starting date or subsequent to the ending date set should the CO or COR determine lookout services are needed. It is anticipated that extensions beyond October 31 would be the exception and not the rule. Contractor will be consulted as soon as possible extension may be requested and mutually agreed to process will be determined for extension period. All terms, conditions, and specifications contained in this contract shall apply for any extensions. The Government will allow the lookout to occupy the site 3 days prior to the starting date for the purpose of setting up housekeeping.

(b) The site shall be vacated by the Contractor and all of their supplies and equipment removed at the end of each season, within three days or after receipt of notification from the Government or termination of the contract.

(c) The lookout services shall be furnished 7 days a week.

1204R320Q0003, Lookout Services, Umatilla/Wallowa-Whitman NF Page 10 of 42

SECTION H- SPECIAL CONTRACT REQUIREMENTS

12. SAFETY

The Contractor shall provide a written, job specific safety plan for discussion at the post-award conference.

The plan shall address the following known hazards, any hazards that the Contractor has identified in prior work, and describe how Contractor shall mitigate these hazards. The Government has identified the following hazards for lookout services:

1) The inherent hazard of being 60-90’ above the ground.

2) Falling, slipping or tripping on the tower stairs or observation deck. This also includes transporting supplies and material up and down the tower stairs.

3) Working alone in a remote location.

4) Exposure to weather related events such as lightning, strong winds, heavy precipitation and snow or ice.

5) Vehicle travel on unimproved roads.

6) Unpredictable wildlife

13. PERSONAL PROTECTIVE EQUIPMENT

The contractor will train in the safe operation and use of equipment to all workers using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

Defective or damaged personal protective equipment shall not be used.

The contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by

Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

The contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-

2003.

The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.

1204R320Q0003, Lookout Services, Umatilla/Wallowa-Whitman NF Page 11 of 42

SECIONT G CONTRACT ADMINISTRATION DATA

14. KEY PERSONNEL (AGAR 452.237-74) (FEB 1998)

A. The Contractor shall assign to this contract the following key personnel: Primary and Relief Lookouts.

B. Because of the critical nature in fire detection on National Forest land, it is imperative that the Primary and Relief Lookouts have the minimum technical requirements as stated below:

(1) Previous satisfactory fire lookout experience; AND/OR:

(A) Ability to interpret maps, which includes location identification by legal description, understanding of elevation marks and topography, road locations, slopes and aspects, valleys and ridges.

(B) Ability to efficiently transmit and receive standard fire and weather messages by Forest Service radio.

(C) Basic knowledge of fire behavior, which includes, knowledge of weather conditions, identifying type of stands the fire is located in (fuel types).

(D) Basic knowledge of suppression tactics, which includes, but is not limited to, type of equipment and/or personnel needed for suppression, understanding various common equipment’s applicable usage, such as, engines, dozers, crews, and aircraft.

(E) Ability to provide documentation of passing a visual acuity test with 20/40 vision in one eye with or without corrective lenses. This requirement shall be the responsibility of the contractor and shall not be an incurred expense of the Government.

(F) 32 hours of Basic Wildland Firefighter (S-130/S-190) training is recommended to meet the requirements of sections B1, A-D above. Instruction may be found through the National Wildfire Suppression Association, www.nwsa.us.

(G) Know the Standard Firefighting Orders and the Situations That Shout Watch out.

C. During the first forty five (45) 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 45-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.

D. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutions, 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.

1204R320Q0003, Lookout Services, Umatilla/Wallowa-Whitman NF Page 12 of 42

19. FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all Contractor's rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

20. AGAR 42.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required unless agreed upon by the COR and CO. It will be scheduled within 5 days after the date of contract award. The conference will be held at a mutually agreed upon location.

21. AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)

A. Contractor's Responsibility for Fire Fighting

1. The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING

VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

2. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

B. Contractor's Responsibility for Notification in Case of Fire

The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

C. Contractor's Responsibility for Responding to Emergencies

When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site or emergency work (anticipated to be restricted to firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes clause, FAR 52.234-5.

NOTE:* Fire Protection Requirements The Contractor shall comply with the Fire Protection and

Suppression (Eastside) Requirements, Form R6-FS-6300-52 (May 1989), which are attached hereto.

22. AGAR 452.236-72 USE OF PREMISES (NOV 1996)

a. Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a camp site or trailer parking area of any employee working on the project for the Contractor.

b. Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State, and local regulations.

1204R320Q0003, Lookout Services, Umatilla/Wallowa-Whitman NF Page 13 of 42

52.212-4 -- CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS. (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the

Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any

1204R320Q0003, Lookout Services, Umatilla/Wallowa-Whitman NF Page 14 of 42

United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the

Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31

U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in

32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

1204R320Q0003, Lookout Services, Umatilla/Wallowa-Whitman NF Page 15 of 42

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the

Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the

Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the

Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American;

and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to

Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Reserved

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation

(31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

1204R320Q0003, Lookout Services, Umatilla/Wallowa-Whitman NF Page 16 of 42

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

Alternate I (Jan 2017) When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.

(a) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the

Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(5)

(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may—

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to--

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor’s managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement…