1267T019Q0012.docx

RFQ AG-67T0-S-14-0001

Black Hills National Forest Prescribed Burning Project Work

Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

Non Discrimination Statement The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

RFQ 1267T019Q0012

Black Hills National Forest Prescribed Burning Project Work

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

Rates to include contractor hired operator and operating supplies. Operating supplies include: contractor provided support vehicle, pilot cars, fuel, and maintenance supplies.

Item No. Description Unit Unit Price

1 Construct Prescribed Fire Control Line

2 Staging on Prescribed Fire Project Area

3 Brush Disposal: Push Up FS Ignited Slash Piles

4 Brush Disposal: Push Out Burned Piles and Rip Burned Area

5. Transport (Move In/Move Out) Loaded with ordered equipment or staged with operator.

a. Transport, with Tractor, Hourly Rate Hour $__________/mi.

6. Road Closure Work, Rehab Fire Control Line, Brush Piling, and/or Various Resource Management Work

Alternative Equipment: Contractor must include specifications of each piece of alternative equipment & explain how it can accomplish the described task.

All dozers, excavators, skidders, and alternative equipment shall be equipped with rollover protection, safety canopy, approved spark arrester on all naturally aspirated engines; axe, pulaski or shovel; fire extinguisher – minimum 4: BC rating, headlights, back-up lights and backup alarm.

Dozers are also required to have a dozer blade (hydraulic angle preferred).

Equipment for item 4 will require an enclosed cab to enhance operator safety. The enclosed cab will limit burning debris, ash and smoke created by the dozer operation from impacting the operator’s workspace.

Equipment for items 3 and 4 require ripper teeth to execute work. Rippers may be factory designed or manufactured to accomplish task. A minimum of three teeth in a row are required, hydraulically operated from cab, and capable of penetrating ground at least 18” or more to obtain soil disturbance and incorporation of ash layer in sub-surface of soil.

Equipment used for items 3 and 4 intending to push material may be configured with a brush rake for piling brush and pushing out burned piles or debris. Preference will be given towards equipment with this option. Brush rake may be factory designed or manufactured to accomplish task. Teeth on the brush rake shall extend a minimum of 10” below the cutting edge of the blade.

Contractors shall note skidders as either cable or grappel equipped.

Contractor shall submit specifications for alternative equipment regarding such information as arm reach, type/size of bucket, pad width, type of track, and any other pertinent information to explain the unit’s capabilities for a task(s).

Transport rates include the contractor hired operator, pilot cars, and operating supplies.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF CONTRACT

Furnish all necessary labor, supervision, transportation, equipment, materials, supplies, and incidentals necessary to provide service in accordance with the attached specifications, wage rates, terms and conditions.

This request is intended to secure services necessary to achieve hazardous fuels reduction and other resource management work on the National Forest System Lands managed by the Black Hills National Forest, herein called the Forest Service (FS). Be advised that such request(s) for services may be of short notice since favorable weather and site conditions are needed to conduct prescribed fires or brush disposal work, or execute other tasks. Initial agency request will come from a FS Point of Contact (POC). Contractors may elect to fill or not fill a request for services with each task order request.

These services may be used to construct fire control lines used for prescribed burning executed by the FS, provide holding resources during an active prescribed burn, rehabilitate control lines and close roads, complete brush disposal activities associated with FS burning of fuels consolidated during vegetative activities such as timber sales and related fuels treatment activities, or other various resource management tasks. Work is assigned at the project, and inspected during and afterwards to verify achievement of the desired product. Often work is variable in amount and duration within each order, thus a FS employee will explain the Government’s desired end results with each project. The contractor must perform all assignments in a safe, productive manner that progressively moves towards achieving the desired result in a timely fashion. All equipment must be cleaned prior to use on the National Forest to minimize noxious weed infestations; cleaning standards are described within this BPA document.

All equipment is to be inspected by a FS Representative either at the worksite or the contractor’s place of business prior to being eligible for acceptance of a FS order, and inspected again prior to release from order. Equipment that does not meet pre-use inspection requirements as outlined by OF 296 Heavy Equipment Safety Inspection Checklist will be released with no cost to the government. On-the-ground direction by the FS will be conducted by a certified COR or a designated Inspector. Daily shift tickets are required for each piece of equipment under order, and must be signed by the COR or Inspector prior to billing FS.

LOCATION AND DESCRIPTION

Work may be performed within the Black Hills National Forest boundary areas as noted on the attached maps. Government may award up to six contractors per bid item for the Black Hills National Forest as shown in Exhibit #1. The preferred allocation awards would be two contractors per geographic area per bid item. There are three geographic areas: Hell Canyon Ranger District – Exhibit #2, Northern Hills and Bearlodge Ranger District – Exhibit #3 and 4, and the Mystic Ranger District – Exhibit #5.

TECHNICAL SPECIFICATIONS

DEFINITIONS

Alternative Equipment – Contractor may submit equipment for consideration that they believe has capability to perform work. FS may accept or reject based on agency’s ability to actually use such equipment to accomplish task.

BPA Call – FS COR or Inspector, or other agency employee makes initial inquiry of vendor(s) for availability and makes initial determination of which contractor to use for the task. Order of inquiry is based on rotation amongst qualified vendors off of a master list maintained by the Contracting Officer and CORs.

Brush piling – Using equipment to accumulate scattered slash residues into piles suitable for burning. Equipment used in a fashion to pull, push, or lift slash such that a pile is reasonably free of dirt and rocks, and material is packed together and not loosely accumulated. Slash is found in various sizes and shapes, and usually is created from logging equipment operations or storm damage events such as heavy snowfall, or wind events which break pieces from trees. Piles are constructed from downed woody debris from trees such as ponderosa pine, white spruce, oak, aspen, or birch. Generally ponderosa pine makes up most of the slash to be piled. Blade equipment may be outfitted with a brush rake, and rake teeth shall extend a minimum of 10” below the cutting edge of the blade. Use is limited to dry or frozen ground conditions. Tire chains on rubber tired vehicles limited to native surface operations.

Brush Pile – Woody debris consolidated into a pile suitable for burning, chipping, grinding, or removal. Pile may be left for wildlife habitat needs on occasion.

Burned Area Emergency Rehab (BAER) – Rehabilitation of fire area damage after the incident has been controlled.

Cleaning of Equipment - Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds.

Clock Hour – For equipment timekeeping, this is the time of actual work, ordered staging, or compensable travel that has a specific start and ending time. Recorded in the nearest 15 minute increment, with seven minutes past rounded down and eight minutes past rounded up.

Contracting Officer – FS employee with authority to enter into, administer, or terminate contract and make related determinations and findings specifically for this contract.

Contracting Officer’s Representative (COR) – FS employee delegated certain duties as the “eyes and ears of the Contracting Officer.” The COR provides on-the-ground inspection of contracted work under this contract to ensure compliance. They are responsible for documenting progress of the work including meeting the technical requirements of the task. The scope of authorities and responsibilities delegated to the COR are written and provided to the contractor. COR is authorized to sign shift tickets from contractor if work has been completed and accepted.

Commercial Driver’s License (CDL) – Valid State issued license.

Designated Inspector – Assigned duties through written designation by the COR and performs basic monitoring of work in progress. Makes recommendations to the COR based on their observations in their contract daily diary. Directs project work when assigned by the COR. An Inspector may sign shift tickets to validate work was completed; the COR must also sign same said shift tickets to recommend payment.

Dozer Boss – An agency assigned employee who directs operator with equipment used on prescribed burn. Also directs equipment on project which exceeds MMA and is declared an escaped fire. Must be a NWCG Red Card certified employee for this job.

Dozer – Another term for Bulldozer equipment.

Duty Day – The number of hours worked in one day by an individual person. These hours may occur Sunday thru Saturday each week, and may include holidays. Duty day will not exceed established CDL and OSHA regulations. Shall not exceed 16 hours including travel.

EERA - Emergency Equipment Rental Agreement used for wildland fire suppression use or other emergency situations.

FS – Abbreviation for Forest Service.

FS Representative – A FS employee who inspects equipment prior to acceptance for work. This is usually the COR or Inspector although other FS employees may assist in this inspection.

Fire Rehabilitation, including fire lines – Use of equipment to obliterate or limit access to fire line; to pull berm of side cast from initial fire line construction back over initial line construction area. Work may require placement of trees, roots, or rocks in strategic locations to limit access. FS may elect to rip surface instead to prepare for reseeding of area.

IBPA – Incident Blanket Purchase Agreement used for wildland fire suppression use or other emergency situations.

Maximum Duty Day – For prescribed fire operations covered within the scope of this contract, the maximum number of hours available in a duty day is usually 16 hours. These are hours where equipment may be operated. This applies when the operation is held within the MMA and not declared outside plan objectives (i.e., an escaped fire). See below for limits on number of hours within a 16 hour day that are available for an equipment operator.

Maximum Individual Hours worked per Duty Day operating Heavy Equipment & Transport – This is limited to 10 hours per person. This applies to whether equipment is used for project work or prescribed fire operations. The FS strives during basic work (non-fire suppression) that an individual operating equipment and transports do not exceed 10 hours total in a Duty Day. Rules for hours worked while in fire suppression operations are not covered within this contract; vendors are encouraged to inquiry about such rules if they hold an IBPA.

NWCG Red Card Rating – National Wildfire Coordinating Group lists performances standards and training requirements for a particular position in a fire organization.

Out of Service – When a transport or piece of equipment covered by this contract is in pay status and then suffers a breakdown and cannot safely perform required work, it will be placed out of service, and all pay stops until repairs are completed, and a re-inspection finds the unit returned to acceptable condition. If equipment does not have a qualified operator available to run the equipment during an operational period, equipment will be considered out of service until a qualified operator is available.

Prescribed Burn – Fire ignited following an approved plan to reduce hazardous fuels and achieve various resource objectives. Includes a FS fire organization delegated responsibility for executing plan’s requirements.

Prescribed Fire Control Line – A line constructed with equipment to mineral soil, and free of woody debris capable of spreading a fire. The width and depth of the line is determined by the COR or Inspector in consultation with equipment operator. Sod, slash, rocks, trees with root wad, and other woody debris may be cast aside by equipment operations to the area outside of the planned fire. Depending on planned use, such control line may be required to have rolling dips or other drainage features constructed to shed water run-off.

Prescribed Fire Project Area – These are pre-planned locations where fire ignitions are planned to accomplish various resource objectives such as fuels reduction, wildlife habitat improvement, or thinning of tree stands.

POC – Point of Contact; FS employee who places the initial request for BPA call for services with vendor. This most likely will be a FS COR or Inspector, but may be another agency employee depending on the situation.

PPE (Personal Protective Equipment) – Approved hardhat, safety glasses or goggles, non-slip 8” high leather work boot, leather gloves, Nomex clothing (pants and shirt or coveralls), and fire shelter (provided by FS). Additionally, a FS handheld radio will be provided by FS for prescribed burns.

Project Area – name of job site or work location where work is assigned and to be completed.

Push up FS Ignited Slash Piles – Use of equipment to condense slash pile after initial burn down. Pile generally is still hot and visible flame is present. Operator pushes up material to promote more complete burning of woody material. Cab of equipment shall be enclosed to enhance operator safety from burning debris entering operator’s workspace.

Push Out Burned Piles and Rip Burned Area – Use equipment to scatter burned slash residues into the forest; this is accomplished to clear burned area for seedbed preparation. Scattered slash may be followed up with crushing by walking machine over material when requested by FS. Equipment is then used to incorporate ashes into sub-surface of soil. FS personnel may request enclosed cab if task is done concurrently with ignition of other piles. Cab of equipment shall be enclosed to enhance operator safety from burning debris entering operator’s workspace. Equipment is required to have rippers built by factory or manufactured to accomplish task. A minimum of three teeth in a row are required, hydraulically operated from cab, and capable of penetrating ground at least 18” or more to obtain soil disturbance and incorporation of ash layer in sub-surface of soil. Generally a single pass one way will meet requirements for ripped area, and subsequent follow-up passes are adjacent to the first pass to ensure coverage of the entire burned area. Multiple passes over the same swath may be needed on occasion.

Rehab – work completed to rehabilitate area and restore stable soil conditions where erosion is controlled.

Shift Ticket – Optional Form 297 is used to document all hours worked, ordered standby, and compensable travel using an authorized unit of equipment.

Short Notice – FS will strive to provide advance notification prior to placing an order for equipment, but some request(s) may occur with limited or no notice. FS may call a contractor or contractors to check on equipment availability when possible. Contractor(s) are advised that when the FS calls and checks on availability, that this contact is not considered placement of an order to hold equipment and incur costs to the Government. See Scope of Work for additional information.

Standard Duty Day – For planning purposes, this is the usual number of work hours worked per day during which equipment may be operated. Generally the FS works an 8, 9, or 10 hour duty day on a recurring basis. This may be adjusted for special circumstances. An example would be if equipment could work one more hour the project would be completed, and the contractor is acceptable to that adjustment on-site.

Staging – Location(s) where equipment with operator(s) are held by designated COR/Inspector/Dozer Boss, while awaiting work direction, management need, or initiation of project. This is a paid status per the Task Item Schedule.

Type 3 Dozer -- Equipment rated at 65 HP – 93 HP measured at the flywheel.

Vehicle/Heavy Equipment Inspection Checklist – When equipment covered by this contract arrives on-site, the FS will initially inspect to verify that each unit is ready for work. If a unit is does not pass inspection, no charges can be incurred by the FS until repairs are made and re-inspection finds acceptance. This initial inspection is made by the COR or Inspector. All equipment is given a second inspection when released from a project. Inspections are documented by the FS on Optional Form 296, and a copy is provided to the vendor.

Work Item – Lists work item(s) to standard directed by FS employee.

WORK ITEM DESCRIPTIONS

1. Construct Prescribed Fire Control Line – Equipment with operator constructs fire control line to mineral soil and specified cleared width under direction of COR or Inspector on a project. Work is assigned by FS and inspected for compliance with directed result.

2. Staging on Prescribed Fire Project Area – Equipment with operator ready on-site of project to support objectives of prescribed burn. FS direction by Dozer Boss. Use under this item requires operator to have required wildland fire and safety/PPE (Personal Protective Equipment) items. At this time there is no NWCG Red Card rating applicable for the Equipment Operator. Must have current EERA. Equipment is held at staging through duration of prescribed burn as required by FS direction.

3. Use on Prescribed Fire Project Area inside MMA Boundary – Equipment with operator provides work or control action during implementation of prescribed burn under direction of Dozer Boss. Use under this item requires operator to have required wildland fire and safety/PPE items. There is no NWCG Red Card rating applicable for the Equipment Operator. Must have current EERA. Project is within MMA boundary and still considered a controlled burn within burn plan prescription. If burn escapes MMA, then agreement equipment and operator revert to EERA and associated rates.

4. Push Up FS Ignited Slash Piles –Equipment with operator works to reduce size of ignited slash piles by pushing in edges into smaller dimensions to facilitate better consumption of material. Usually executed same day pile is ignited and may be followed up with additional consolidation of pile by equipment operations. Movement within a project is usually by walking the equipment. Work is assigned and inspected by FS for compliance with Government’s desired end result.

5. Push Out Burned Piles and Rip Burned Area – Equipment with operator spreads burned and unburned material into specified areas to reduce concentrations of material. Original burned site is then scarified by ripping of ground to incorporate ash and residual debris into soil. End result is suitable for reseeding by FS. Movement within a project is usually by walking the equipment. Work is assigned by FS and inspected for compliance with directed result.

6. Rehab Fire Control Line, Burned Area Emergency Rehab (BAER)– Equipment with operator restores construction area as directed by FS. May include dragging berm edge and debris piles over fire line or road prism, building water bars or barriers, ripping surface to incorporate rocks into surface or prepare seed bed, and other similar activities. Brush piling work is required when slash residues from vegetative treatment activities, windfall, insect and disease infestations, and natural accumulation creates dangerous fuel loadings; residues are accumulated into burnable piles. Movement within a project is usually by walking the equipment. Work is assigned by FS and inspected for compliance with directed result.

7. Transport – Equipment used to move in/move out equipment. This includes costs of mobilization and transport to work site, moving within or to next project by transport as requested by FS, and return to contractor’s base of operations for close of work assignment. Movement within a project is usually by walking the equipment and is not covered by this Item; this is covered by charge per hour of equipment operation. Operator must be present with transport equipment to be eligible for payment while staged or held on-site; cannot be same operator as non-transport equipment.

8. Cancellation of Work Once On-Site – Cancellation of equipment requested for the convenience of the Government without prior notification by at least the evening before. An example would be contractor’s equipment arriving at a planned prescribed burn and then the project is cancelled for the day. Cancellations such as this are usually related to adverse, unforeseen weather or fuel conditions changes from predicted events. This compensation will be for a minimum of two clock hours per piece of equipment ordered from contractor by FS plus actual transport mileage used to arrive at project and return to contractor’s base of operations.

PAYMENT TERMS

Contractor will be provided shift tickets for recording equipment time prior to start-up of project, and for obtaining signature of COR/Inspector/Dozer Boss validating work.

The Contractor must submit an invoice with copies of shift tickets for payment to be processed. COR will validate invoice and tickets and forward to CO for processing the payment request.

Transports are deemed released after arrival on the project unless the COR/Inspector/Dozer Boss orders the transport in writing to be held at the project. Any transport without an operator shall only be authorized payment when it meets conditions of item seven.

All contractors must be register in the Central Contractor Registration (CCR).

PLACEMENT OF ORDERS

Order may be made by any authorized POC as listed on the authorized list to be given to the Contractor when a contract is awarded. This list may be updated periodically.

SECTION D -- PACKAGING AND MARKING

{No clauses in this section.}

SECTION E -- INSPECTION AND ACCEPTANCE

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

52.246-1 Contractor Inspection Requirements (Apr 1984) 52.246-4 Inspection of Services -- Fixed-Price (Aug. 1996)

SECTION F -- DELIVERIES OR PERFORMANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

AGAR 452.211-75 EFFECTIVE PERIOD OF CONTRACT (FEB 1988)

The effective period of this contract is from award date through November 30, 2021.

SECTION G -- CONTRACT ADMINISTRATION DATA

GOVERNMENT-FURNISHED PROPERTY

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

SECTION H--SPECIAL CONTRACT REQUIREMENTS

FIRE PREVENTION AND CONTROL

(a) Tools and equipment. The Contractor shall furnish and maintain in a serviceable condition one shovel, size O or larger, for each employee working in the project area. The shovels may be stored in the employees private vehicle or the contractor's vehicles, but must be readily available to each employee while in the project area.

For each yarder, loader, jammer, chipper, crawler tractor, skidder, hauling truck, portable welder, or comparable type equipment, the Contractor shall furnish one shovel, size O or larger, attached to each unit and one two and one-half pound or larger dry chemical or four pound or larger carbon dioxide type fire extinguisher attached to each unit.

For each power saw, soil auger, portable pump, or like powered equipment, the Contractor shall furnish one shovel, size 0 or larger, and one dry chemical fire extinguisher, 8 ounce or larger, immediately available to the operator of the equipment. The fire extinguisher shall be with the operator of the equipment; the shovel may be with the fuel can used to refuel the equipment.

Refueling of the equipment shall be done in an area cleared and void of flammable materials. Power saws shall be moved from the spot of refueling before starting.

(b) Fire Prevention –

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

Blasting - Advance approval in writing is required from the District Ranger. The use of fuses shall not be permitted, except near power lines where the danger of accidental detonation is present. Use of prima cord will not be allowed in clearing operations where flammable materials are present. A watchman will remain on site for at least one hour after detonation in areas of blasting where flammable fuels are present. Explosives will be stored at all times in a locked box marked "Explosives." All Federal, State, and local laws concerning the use and storage of explosives shall be followed.

Fire Orders/moratoriums – Any fire order issued during the contract will become a requirement of the contract.

Gas and Oil Use and Storage - Gasoline will be stored and transported only in metal containers with tight caps or seals. Gas and oil drum storage areas will be cleared of all flammable material for a distance of 50 feet around the drums. Storage areas will be posted with "No Smoking" signs. Oil filters, oil cans, oily rags, etc., will be removed from the project area and discarded in proper waste disposal receptacles or sites.

Open Fires - In accordance with State and local regulations.

Pursuant to 36 CFR 261.50a the following is prohibited on each National Forest or National Grasslands in the Rocky Mountain Region:

Operating or using any internal or external combustion engine on any timber, brush or grass covered land, including trails traversing such land, without a spark arrester, maintained in effective working order, meeting either (i) Department of Agriculture, Forest Service Standard 5100-1a; or (ii) the 80 percent efficiency level determined according to the appropriate Society of Automotive Engineers (SAE) recommended Practices J335 and J350.

Violation of this regulation and the general prohibitions of 36 CFR 261.3 to .20 is punishable by a fine of not more than $500 or imprisonment for not more than 6 months or both.

Smoking - Smoking is prohibited while operating tractors or open-type vehicles, or while walking or working in an area with flammable fuels.

Welding - All flammable materials will be cleared for a minimum distance of 10 feet around any welding operation. Fire extinguishers and fire tools are required as shown in Section B-1(b).

Cleaning of Equipment: Each piece of equipment covered by this BPA must be cleaned before use on the National Forest. The purpose of this cleaning treatment is to remove noxious weeds and seeds. This treatment is mandatory. The standards for cleaning are discussed in the following paragraphs.

1. The Contractor shall ensure that prior to moving on to the Project Area all off-road equipment are free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. Contractor shall certify in writing that off-road equipment is free of noxious weeds prior to each start-up of operations and for subsequent moves of equipment to Project Area. The certification shall indicate the measures taken to ensure that off-road equipment is free of noxious weeds will be identified. “Off-road equipment” includes all BPA listed machinery, except for service vehicles, water trucks, pickup trucks, cars and similar vehicles. A current list of noxious weeds of concern to Forest Service is available at http://www.state.sd.us/doa/das/hp-w&p.htm and click on Local Noxious Weed List.

2. Contractor may be required to clean off-road equipment prior to moving between units on this project that are known to be infested with noxious weeds and other units, if any, that are free of such weeds. Project Area Maps may show areas, known by Forest Service prior to each order placed, that are infested with specific noxious weed species of concern. These areas will be discussed at the time the order is placed.

3. Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds. Equipment shall be considered free of soil, seeds, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools are not required.

4. If the Contractor desires to clean off-road equipment on National Forest Land, such as at the end of a project or prior to moving to a new unit that is free of noxious weeds, Contractor and Contracting Officer’s Representative or Project Inspector shall agree on methods of cleaning, locations for the cleaning, and control of off-site impacts, if any.

5. New infestations of noxious weeds of concern to Forest Service, identified by either Contractor or Forest Service, on National Forest land at the project area shall be promptly reported to the other party. Both parties shall agree on treatment methods to reduce or stop the spread of noxious weeds when new infestations are found. This may involve cleaning of equipment prior to leaving the project area.

Safety Plan

(a) The Contractor shall provide a copy of their safety plan at the pre-work meeting.

(b) The Safety Plan should be available to all employees and subcontractors working on the contract.

(c) The Safety Plan should cover at a minimum:

i. Safety briefings covering the area working in, equipment being used, and any special considerations for the work under the contract

ii. Personal Protective Equipment required for the work under the contract

iii. Appropriate OSHA requirements for the type of work under the contract

iv. Weather considerations for the time of year of the contract.

v. Communication issues and locations of the nearest medical facilities to the job site.

vi. Emergency numbers to contact if an accident happens.

SECTION I--CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html 52.212-4 Contract Terms and Conditions—Commercial Items (JAN 2017)

ADDENDUM TO 52.212-4

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

0. Stop Work Order (AUG 1989)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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

Funds are not presently available for performance under this contract. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 09/30/2019, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

AGAR 452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $250.00, but not in excess of $250,000.00 per year.

AGAR 452.216-74 CEILING PRICE (FEB 1988)

The ceiling price of this contract is $250,000.00. The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor’s own risk.

END OF ADDENDUM TO 52.212-4

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. (OCT 2018)

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

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

(2) 52.204-23, 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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.] __ (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.)

__ (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).

__ (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] XX (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.

__ (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—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

XX (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)).

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

XX (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

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

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

__ (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.

XX (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (July 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).

XX (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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.

XX (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. 552a).

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

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

XX (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 (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (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)).

XX (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)(12)).

__ (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).

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

This Statement is for Information Only:

It is not a Wage Determination Employee Class Monetary Wage – Fringe Benefits 08130 Forestry Equipment Operator WG 6; $19.92 plus $4.27 Fringe Benefits *

*FRINGE BENEFITS: Life, Accident and Health Insurance and Sick Leave Programs - 5.1 percent of basic hourly rate. Paid Holidays - 10 per year: New Year's Day, Martin Luther King, Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. Vacation - 13 days paid vacation per year up to 3 years of service, 20 days after 3 years of service, and 26 after 15 years of service. Retirement - 7 percent basic hourly rate.

__ (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).

__ (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).

__ (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…