127EAX21Q0062 Agua Chiquita Fence Project LNF.pdf

CONSTRUCTION RFP SOL NO: 127EAX21Q0062

UNIT: LINCOLN NATIONAL FOREST

PROJ NAME: AGUA CHIQUITA-WILLS CANYON FENCE

1. Introduction. The USDA Forest Service, Lincoln National Forest, has a requirement to construct fence near Agua Chiquita in Wills Canyon (Otero County), New Mexico.

Project consists of approximately 44,653 feet of 5 ft tall Sheep and goat fence and 2,807 feet of pipe and cable fencing on the Lincoln National Forest.

2. Type of Award. As a result of this solicitation, Government anticipates The Government Anticipates awarding a Firm Fixed-Price contract under Best Value - Tradeoffs format. This is a 100% Small Business Set Aside to NAICS code 238990. PSC code Y1PZ.

3. Basis for Award - Offerors must comply with the detailed instructions for the format and content of this Request For Proposals (RFP); if the submitted offer does not comply with the detailed instructions for the format and content, the offer may be considered non-responsive and may render the Offeror ineligible for award.

4. How to submit your Offer. Submit RFQ pages 1 through 5 as your business proposal (pricing). Section M (Evaluation Factor Response) -- shall be submitted as outlined in Section M (last section in this solicitation).

Offers should be sent by email and should contain the Solicitation Number 12EAX21Q0062 in the subject line for the email. Email: warren.abbott@usda.gov on or before:

September 15, 2021 1600 Pacific Daylight Time

5. Organized Formal Site Visit has been scheduled for:

Date/Time: September 2, 2021 at 0900 MDT (Mountain Daylight Time)

Location: USDA Forest Service - Sacramento Ranger District

4 Lost Lodge Rd, Cloudcroft, NM 88317

Attending the Organized Site visit is strongly encouraged, however not mandatory. Alternative site visit requests will not be provided.

Technical Point-Of-Contact Contracting Officer’s Representative:

Timothy Carroll, Road Manager – Email: timothy.carroll@usda.gov; -- Phone: 575-434-7250 Lincoln National Forest 3463 Las Palomas Road Alamogordo, NM 88310 mailto:warren.abbott@usda.gov mailto:timothy.carroll@usda.gov

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA

FAR (48 CFR) 53.236-1I

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1.SOLICITATION NO.

127EAX21Q0062

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFQ)

3. DATE ISSUED

8/23/2021

PAGE OF PAGES

IMPORTANT — The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

1043274

6. PROJECT NO.

7. ISSUED BY CODE 128371 8. ADDRESS OFFER TO

USFS SOUTHWEST PPS-FPO CSA #7

333 BROADWAY SE

ALBUQUERQUE, NM 87102

USFS SOUTHWEST PPS-FPO CSA #7

PO BOX 640

30 S. CHIRICAHUA DRIVE

SPRINGERVILLE, AZ 85938

9. FOR INFORMATION

CALL:

B. NAME

Warren Abbott

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(928) 333-6344

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

The USDA Forest Service, Lincoln National Forest, has a requirement to construct fence near Agua Chiquita in Wills Canyon (Otero County), New Mexico.

MAGNITUDE OF PROJECT: Between $250,000 and $500,000.

This solicitation is a 100 percent Total Small Business Set-Aside under NAICS: 238990; PSC: Y1PZ.

Payment and Performance Bonds are required after award. Davis-Bacon Wages apply.

11. The Contractor shall begin performance within 10 calendar days and complete it within time specified calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 1600 PDT (hour) local time SEPTEMBER 15, 2021. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation — give number and date of each

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

23. AMOUNT

24. ACCOUNTING AND APPROPRIATION DATA

25. SUBMIT INVOICES TO ADDRESS SHOWN IN

(1 copy unless otherwise specified)

ITEM

26. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304I( ) 41 U.S.C. 253I( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

SAME AS 7 Electronic Funds Transfer via Invoice Processing Platform at www.ipp.gov

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO

SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

PART I – THE SCHEDULE

SECTION B – SCHEDULE OF ITEMS: SUPPLIES OR SERVICES AND PRICES/COSTS

CERTIFICATION OF OFFER AND SUBMISSIONS FOR THIS REQUEST FOR PROPOSALS:

VENDOR COMPANY NAME:____________________________________ DUNS#____________________

AUTHORIZED TO SIGN (NAME & TITLE):__________________________________________________________

SIGNATURE:____________________________________________________ DATE:_____________________

BUSINESS EMAIL: _______________________________________ PHONE: ____________________________

ITEM NO. ITEM DESCRIPTION EST. QTY

METH.

OF

MEAS.*

UNIT PRICE EXTENDED

TOTALS**

BASE LINE ITEMS – :

1001 MOBILIZATION – LUMP SUM FOR BOTH FENCES 1 LS

CONSTRUCT 5 FT TALL SHEEP AND GOAT FENCE,

IN ACCORDANCE WITH ALL REQUIREMENTS

CONTAINED HEREIN

44,653 FEET

CONSTRUCT PIPE AND CABLE FENCE, IN

ACCORDANCE WITH ALL REQUIREMENTS

CONTAINED HEREIN

2,807 FEET

* LS = Lump Sum TOTAL FOR ALL LINE ITEMS $

** OFFER PRICING INCLUDES ALL FEDERAL, STATE, LOCAL TAXES, PERMITS, LICENSES, FEES, ETC. TO COMPLETE THE WORK IN STRICT ACCORDANCE WITH ALL TERMS AND CONDITIONS CONTAINED HEREIN.

SECTION C – STATEMENT OF WORK

Scope of Work Contractor shall provide all materials, equipment, supervision, labor, transportation, and miscellaneous items to construct sheep and goat fence and pipe and cable fence at the Sacramento Ranger District on the Lincoln National Forest. (Otero County), in accordance with all specifications contained herein.

Project Contractor shall construct sheep and goat fence and pipe and cable fence at the Sacramento Ranger District on the Lincoln National Forest. There will be approximately 44,653 feet of 5 ft tall Sheep and goat fence and 2,807 feet of pipe and cable fencing. On the provided maps they are labeled and fences #1 thru #10 excluding fence #7 are sheep and goat. Fence #7 will be pipe and cable. All of fence #1 and #10 approximately 2000 foot of fence #7 and approximately half of fence number #6 have existing barbwire fence that will need to be removed and hauled away by the contractor. There will be H braces at each end of fence roll and at gate locations and corners. Treated 6-inch x 8 ft post spaced 20 ft apart. T post placed 5 foot apart within 20 ft treated posts spacing. Two gates for each of the fences except fence #7 as it will only have one gate. There will be two breakaway fences placed in the drainages for all sheep and goat fences except fences 3,6 and 9 as they will have three. The types of breakaways are on page 9 of the sheep and goat drawings.

All fence construction shall comply with the federal contract fencing requirements established below. All fence locations will be marked by COR or Forest Service employees.

Magnitude of project - Between $250,000 and $500,000.

Period of Performance All work and final cleanup should be completed within 120 calendar days from issuance of Notice-To-Proceed.

Perform construction during normal waking hours from 7:00 a.m. to 5:00 p.m. Monday through Friday.

Kick-off Meeting – Upon receipt of a written Notice to Proceed, Contractor shall participate in kick-off meeting with the Forest Service to review the scope of the project, develop a project schedule, and confirm deliverables.

Contracting Officer will issue Notice-To-Proceed. Any stop work or resume work orders will be issued by the Contracting Officer. Notify the Contracting Officer of any work stop.

Location, General Site Conditions, Facilities and Temporary Controls

Projects are located on the Sacramento Ranger District, 4 Lost Lodge Rd, Cloudcroft, NM 88317.

Technical Specifications

See attached Technical Specifications/Drawings and Maps in Section J-Exhibits 2 and 3 (electronic documents).

CLAUSES

AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D – SPECIFICATIONS

D-1 PACKING AND MARKING

All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.

D-2 PROJECT LABELING FOR OFFICIAL COORESPONDENCE

The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

CONSTRUCTION RFP SOL NO: 12837121Q0017

PROJ NAME: WILLS CANYON PIPELINE & ELK FENCES

SECTION E - INSPECTION AND ACCEPTANCE

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

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

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

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

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of clause)

52.246-13 INSPECTION—DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS (AUG 1996)

(a) Unless otherwise designated by the specifications, all workmanship performed under the contract is subject to Government inspection at all times and places where dismantling or demolition work is being performed. The Contractor shall furnish promptly, and at no increase in contract price, all reasonable facilities, labor, and materials necessary for safe and convenient inspection by the Government.

The Government shall perform inspections in a manner that will not unduly delay the work.

(b) The Contractor is responsible for damage to property caused by defective workmanship. The Contractor shall promptly segregate and remove from the premises any unsatisfactory facilities, materials, and equipment used in contract performance, and promptly replaces them with satisfactory items. If the Contractor fails to proceed at once in a workmanlike manner with performance of the work or with the correction of defective workmanship, the Government may—

(1) By contract or otherwise, replace the facilities, materials, and equipment or correct the workmanship and charge the cost to the Contractor; and

(2) Terminate for default the Contractor’s right to proceed. The Contractor and any surety shall be liable, to the extent specified in the contract for any damage or cost of repair or replacement. (End of clause)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of—

(1) The Contractor’s failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall—

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturers, or supplier’s warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

(End of clause)

SECTION F - DELIVERIES OR PERFORMANCE

F1 CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) https://www.acquisition.gov/browse/index/far

Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at: https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.211-13 Time Extensions (SEP 2000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.242-14 Suspension of Work (APR 1984)

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives notice-to-proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 calendar days from issuance of notice-to-proceed. The time stated for completion shall include final cleanup of the premises.

AGAR 452.236-75 MAXIMUM WORK WEEK – CONSTRUCTION SCHEDULE (NOV 1996)

Within 5 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work

The maximum workweek shall be Monday through Friday, 0700 – 1800. Any change in the work schedule shall be approved in writing by the Contracting Officer prior to commencement.

https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

SECTION G - Contract Administration Data

G1 CLAUSES

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within TBD days after the date of contract award. The conference will be held at TBD.

Government Furnished Items:

The Government will provide the following items:

After award, a camping and staging area will be designated by the Forest Service. The locations will be shown during the site visit.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

STANDARD FIRE PLAN

Fire Prevention during periods of agreement performance, the following requirements shall be met by the Contractor. The Forest Service will inform the Contractor of the Fire Danger Rating.

Execution of the Fire Plan

• Forest Service personnel involved will, in all cases, coordinate through the U.S. Forest Service Program

Manager, except in cases of emergency or Forest Closures.

• The Contractor shall designate a Representative who shall be responsible for executing and carrying out this plan.

• The Contractor shall include this Fire Plan in all subcontracts.

• The Contractor shall assure that all employees are informed of the existence and condition of this Fire Plan.

Compliance Inspection

• Inspections by the Forest Service will be made to insure compliance with this plan.

• Should any deficiencies appear during the inspection, the Contractor will be informed, and the deficiency shall be corrected within 24 hours.

• Activities with the potential to start fires shall be halted until deficiencies are corrected and the corrections approved by the U.S. Forest Service Program Manager or a Fire Prevention Technician or other designee.

• The Contractors representative or otherwise designated employee who has been trained and is familiar with fire prevention techniques and procedures shall make daily inspections to ensure that the terms of this Fire Plan are met at all times.

Fire Pre-suppression Requirements

• Fire Tool Box o During agreement performance, the Contractor shall furnish and maintain one fire toolbox at the designated campsite or a central location where work is currently being performed. Expense of the fire toolbox is for the account of the Contractor.

o The Fire Tool Box is to be maintained with tools in good condition in the following quantities for each five people in the Contractor’s work force. (This equipment is for the sole purpose of firefighting).

Four Shovels, Two Axes, One Pulaski and Five 1-Gallon Canteens.

Where needed, a McLeod may be substituted for a shovel or axes.

o The fire Tool Boxes shall be replenished by the Contractor after each incident of Fire use.

• Fire Guard o The Contractor shall designate at least one representative to train and supervise each work crew in Fire Prevention, Detection and Suppression. To Prevent, Detect and Suppress Fires, the Contractor shall provide a trained Fire Guard for projects involving internal combustion engines.

o The fire Guard shall constantly perform duties during operation hours and for 3 hours after work stops for the day when the Fire Precaution Plan is B, C, or D. Each Fire Guard shall be physically able, vigilant and trained to prevent, detect and report any fires, and to promptly and efficiently take suppression action with available firefighting equipment and individuals on any fire that start on the project area.

o Each fireguard shall be equipped with a vehicle and a Fire Tool Cache consisting of:

a Fire Cache Box 2 size 0 shovels, 2 Pulaski’s, 2 McLeod’s, and 2 four to five gallon backpack pumps filled with water.

o This equipment is in addition to the Fire Tool Box listed above.

o All equipment and tools are to be maintained in serviceable condition.

Fire Suppression Requirements.

• The Contractor shall take independent action on the suppression of all fires in the work area or vicinity (one quarter mile outside work area).

• All Forest Fires shall be reported to the District Rangers Office as soon as possible. Notification can be made via Otero County Sheriff’s Office, Alamogordo Dispatch Office, or directly to the Sacramento Ranger District Office.

• Even though the fire has been suppressed by the Contractor’s crew, this report is required.

• Telephone numbers to which fires shall be reported will be furnished to the Contractor by the Forest

Service prior to start of work.

Equipment Requirements

• All gasoline and diesel equipment (except turbo-charged) used on the project shall be equipped with Spark arresters approved in the SPARK ARRESTERS GUIDE, USDA- FS December1966.

• All internal combustion engines are to be inspected before use on the job and periodically thereafter by the Forest Service. Equipment not passing inspection cannot be used on the project until repairs are made.

• Serviceable baffled mufflers with standard exhaust tail pipes are considered adequate on trucks pickups and sedans.

• Equipment service areas and fuel and oil storage areas are to be cleared of brush, litter, debris and grass for a radius of at least 50 feet.

• Each piece of motorized equipment not included below, shall be equipped with a round shovel and a fire extinguisher.

• The Fuel trucks, service trucks and the work camp shall be equipped with a shovel and a class ABC pressurized chemical fire extinguisher of not less than 15 pounds capacity by weight. These shovels and fire extinguisher are in addition to those required in the toolbox. These shall be furnished and maintained at the Contractor’s expense.

Power saws

• Power saws shall be kept in a safe, serviceable condition at all times.

• Each power saw shall be equipped with an approved SPARK ARRESTOR MUFFLER SYSTEM MEETING THE

SAE J-335b STANDARD.

• The refueling of power saws shall be done on mineral soil and the saw shall be moved at least 10 feet from the refueling point to another barren spot before starting.

• Power saws with warm or hot spark arrestors or mufflers) running or not) shall not be placed on sawdust piles, litter, duff, stumps or spots that are easily ignited.

• Each power saw shall be accompanied with one round point shovel in good condition, a fuel safety container and one chemical pressurized extinguisher of not less than 8 ounces capacity by weight. The fire extinguisher is to be kept with the power saw operator at all times while working on the project. The shovel is to be kept with the fuel supply which is in addition to the Fire Tool Box and the Fire Tool Cache.

Smoking and Fires

• Rules related to smoking shall be in accordance with the fire restrictions in place at the time and during the execution of the contract.

• No Smoking shall be allowed while traveling except on surfaced highway and in vehicles that are equipped with ashtrays. A surfaced highway is any road that is oiled, graveled or otherwise paved. All tobacco shall be extinguished in the ashtray.

• Smoking is not to be permitted while working. No warming, burning of debris or cooking fires are permitted during periods of High or above Fire danger, except in designated places or by written permission.

EMERGENCY FIRE PRECAUTIONS (5/2008)

Contractor will restrict operations in accordance with the attached Emergency Fire Precaution Schedule. When there is a predicted change, Forest Service shall inform the Contractor by 6:00 pm, Mountain Standard Time (7:00 pm MDT), of the predicted change in the Industrial Fire Precaution Plan. The U.S. Forest Service may adjust the predicted Industrial Fire Precaution Plan for local weather conditions on project Area. Changes in the predicted Industrial Fire Precaution Plan shall be agreed to in writing.

EMERGENCY FIRE PRECAUTION SCHEDULE

FIRE RESTRICTION/CLOSURE “STAGE”

“STAGED” RESTRICTION LEVELS INDUSTRIAL FIRE PRECAUTION PLAN

NO RESTRICTIONS A

STAGE I B

STAGE II C

STAGE III (PARTIAL FOREST CLOSURE) ** C or D

STAGE IV (TOTAL FOREST CLOSURE) D

RED FLAG WARNING

(Issued by National Weather Service)

D

** Partial Forest Closure:

o Project areas which are outside the boundaries of the partial forest closure may continue to operate under Industrial Fire Precaution Plan “C” operating criteria as agreed upon between the CO and Purchaser in writing.

o Project areas within the boundaries of the proclaimed partial forest closure area are to operate under Industrial Fire

Precaution Plan “D”.

o Staged restriction levels are determined by the Line Officer in conjunction with Fire Management Officer(s) and Contracting Officer(s). The process is a mix of quantitative and subjective measures which allows Line Officers a broad level of discretion considering local conditions and issues when deciding to implement fire restrictions and/or area closures.

INDUSTRIAL FIRE PRECAUTION PLAN - DESCRIPTION

A - Normal Fire Precautions No fire guard required.

B - Normal Fire Precautions except designated areas for smoking and warming or cooking fires require a written permit.

Purchaser will provide fire guard

C - All power saws and mechanical fellers except for mechanical fellers equipped with hydraulic shears will shut down from

9:00 am until 8:00 pm Mountain Standard Time (10:00 am to 9:00 pm MDT), except chainsaws may be used from 9:00 am until 2:00 pm Mountain Standard Time (10:00 am to 3:00 pm MDT), for limbing on landings cleared to mineral soil.

Loading is authorized to continue from 12:00 noon until 2:00 pm, Mountain Standard Time (1:00 pm to 3:00 pm MDT), on landings cleared to mineral soil. Log hauling trucks must be out of the Project Area to a surfaced road by 2:00 pm, Mountain Standard Time (3:00 pm MDT). Shutdown from 12:00 noon until 8:00 pm Mountain Standard Time (1:00 pm to 9:00 pm MDT); all machine treatment of slash; mechanical equipment used for shearing, bunching, or delimbing;

skidding; cable yarding; blasting; welding; metal cutting; and clearing. Operations on mineral soil involving road excavation, watering, grading, surfacing, rock crushing, and/or other equipment maintenance may continue. No smoking, warming or cooking fires are permitted at any time. Purchaser will provide fire guard.

D - Shutdown all operations; except operations on mineral soil involving road excavation, watering, grading, gravel surfacing, and rock crushing may continue with special Forest Service permit.

Noxious Weed

Contractor shall insure that all off-road equipment moved on to Lincoln National Forest Land under this is free of soil, seeds, vegetative matter or other debris that could contain or hold seeds. For purpose of this provision, 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 will not be required. A current list of noxious weeds of concern to Forest Service is available at the District Ranger’s Office for this contract.

Equipment will also be cleaned prior to moving between units on this contract known to be infested with noxious weeds, and other units, if any, which are free of such weeds. Project Area Map shows such areas known by Forest Service prior to advertisement. Contractor shall employ whatever cleaning methods are necessary to ensure compliance with the terms of the clause, and shall notify Contracting Officer at least 10 working days prior to moving each piece of equipment on to Lincoln National Forest Land, unless otherwise agreed. Notification will include identifying the location of the equipment’s most recent operations. If the prior location of the equipment cannot be identified, Contracting Officer may assume that it was infested with noxious weed seeds. Upon request of Contracting Officer, arrangements will be made for Contracting Officer or Contracting Officer Representative to inspect each piece of equipment prior to it being placed in service.

Contractor shall certify in writing, compliance with the terms of this clause prior to each start-up of contract operations.

Measures taken to ensure compliance for equipment present at start-up, and planned for equipment to be removed in later, will be identified. For the purpose of this clause “off-road equipment” include all tractors, feller-buncher, chippers, skidders and shredding machines except for pickup trucks, vans and cars or other highway vehicles used for daily transport of personnel.

If Contractor desires to clean equipment on Lincoln National Forest Land, such as at the end of a project prior to moving to a new project area, Contractor and Contracting Officer Representative shall agree on the methods of cleaning, locations for the cleaning, and control of off-site impacts, if any.

New infestations of noxious weeds of concern to Forest Service, identified by either Contractor of Forest Service, on Lincoln National Forest Land in the Project Area or on the route to 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.

SECTION I - CONTRACT CLAUSES AND PROVISIONS

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020).

52.204-17 Ownership or Control of Offeror (AUG 2020) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-20 Predecessor of Offeror (AUG 2020) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

(AUG 2020)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

(AUG 2020)

52.204-26 Covered Telecommunications Equipment or Services-Representation (AUG 2020)

52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (OCT 2015) 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (OCT 2010) 52.219-6 Notice of Total Small Business Set-Aside (MAR 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-14 Limitations on Subcontracting (MAR 2020) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (MAY 2018) 52.222-6 Construction Wage Rate Requirements (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (AUG 2018) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014)

52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers With Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (OCT 2015) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.223-1 Biobased Product Certification (MAY 2012) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-1 Buy American—Supplies (MAY 2014) 52.225-9 Buy American—Construction Materials (MAY 2014) 52.225-10 Notice of Buy American Requirement-Construction Materials (MAY 2014) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—

Representation and Certifications (JUN 2020) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments) (FEB 2013) 52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer –System for Award Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations 52.233-1 Disputes (MAY 2014) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship.

52.236-6 Superintendence by The Contractor (APR 1984) 52.236-7 Permits and Responsibilities.

52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-1 Changes (AUG 1987) 52.243-5 Changes and Changed Conditions (APR 1981) 52.244-6 Subcontracts for Commercial Items (DEC 2015) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2015) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)--Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984)

452.211-73 Attachments to Statements of Work/Specifications 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996) 452.236-78 Fire Suppression and Liability (MAY 2014)

52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016)

(a) Definition. As used in this provision- Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(End of provision)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(a) Definitions. As used in this provision— “Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that–

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or

Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) https://www.acquisition.gov/far/part-32#FAR_Subpart_32_11 http://www.sam.gov/ http://www.sam.gov/ https://www.acquisition.gov/content/part-32-contract-financing#i1080713 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121746 http://www.sam.gov/

(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.t

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://ww.sam.gov for information on registration.

(End of provision)

452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage.

Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy.

The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(End of Clause)

Order of Precedence--Construction

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

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

SECTION J--LIST OF ATTACHMENTS

EXHIBIT 1 U.S. DEPT. OF LABOR, DAVIS-BACON WAGE DETERMINATION

EXHIBIT 2 USFS FENCE DRAWING & TECHNICAL SPECIFICATIONS (INCORPORATED AS

ATTACHED ELECTRONIC DOCUMENT)

EXHIBIT 3 MAP: LOCATION AGUA CHIQUITA - WILL CANYON FENCE (INCORPORATED AS

ATTACHED ELECTRONIC DOCUMENT)

EXHIBIT 1…