BPASolTerms_1282AT18R0010,_0001.pdf

Solicitation No. 1282AT18R0010, 0001 Arapaho Roosevelt NF’s and Pawnee NG Page 5 of 38 ARP Facilities/Quick Fix Multi-Year BPA

BPA ACCOUNT NO: ________________________

Continuation of SF 1442

Block 27: The full text of a clause or provision may be accessed electronically at https://www.acquisition.gov/far/html/FARTOCP52.html.

This procurement requires the use of biobased products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, are reasonably priced. Where available, these products should first be acquired from among qualified products that fall under the umbrella of items designated through the Federal Biobased Products Preferred Procurement Program

(FB4P).

For more information on biobased program and biobased products, refer to the links under Section 1.4.1 and 1.4.2.

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U.S. DEPARTMENT OF AGRICULTURE – FOREST SERVICE

Arapaho Roosevelt National Forests and Pawnee National Grassland

2150 Centre Avenue, Building E., Fort Collins, CO 80538

Blanket Purchase Agreement (BPA) (Reference FAR 13.303)

1. DESCRIPTION OF AGREEMENT

1.1. Description/Specifications

The Arapaho Roosevelt National Forests and Pawnee National Grassland requires a facilities maintenance program that can support all Government facilities throughout the Forests and Grasslands. The intent of the Facilities Maintenance program, also known as the Quick Fix Program is to establish an agreement of unknown, un-predetermined work for minor construction and facility maintenance services for government owned properties.

The Government anticipates awarding this program under a multi-awarded Blanket Purchase Agreement (BPA) for a potential maximum of five years (base period plus four optional years). This opportunity can use the support of up to five (5) contractors (equates a maximum of one (1) contractor per district and the Grasslands).

1.1.1. Scope of Agreement. Types of construction and maintenance services covered under this Blanket Purchase Agreement (BPA) include, but are not limited to: work on buildings and other structures; electrical systems;

thermal and moisture protection; finishes; specialty items; equipment; furnishings; maintenance on appliances;

clothes washers and dryers; heating, ventilating, and air conditioning systems; fencing; water distribution systems;

wells; wastewater treatment systems; chlorinators; sprinkler systems; and toilets. Specialty labor services include but are not limited to: masonry; locksmith; carpentry such as plaster and drywall; finish and rough carpentry;

painting; signs; plumbing and pipefitting; electrical (interior and exterior); sheet metal work and welding.

All work performed under scope/statements of work shall be in compliance with all appropriate local, state, and federal rules, regulations, codes and laws, such as the International Plumbing Code, National Electrical Code.

1.1.2 Specifications. Each BPA call will be accompanied by its own statement of work and specifications.

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 identified under each individual BPA Call.

452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988) The attachments to the Statement of Work/Specifications specified in each BPA call are hereby made part of the applicable call solicitation and any resultant contract.

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1.1.3 Location/Place of Performance. This is a Forest Wide service agreement available for use by all ARP Ranger Districts. Locations are numerous. The applicable counties include: Boulder, Clear Creek, Gilpin, Grand, Larimer and Weld.

Agreement awardees will be assigned to work one or more districts which cover one or more counties. Travel to remote locations may be required to support a project. Mobilization will be paid from the offerors business address to the project site.

1.1.4 Agreement Performance Period. The period of performance for this agreement includes a base period, award through 31 December 2018 and will include 4 optional years that may be exercised at the discretion of the Government. All BPA calls shall be performed within the performance period specified under the individual call.

Option years are 1 January through 31 December, with the last optional call end date being 31 December 2022.

1.1.5 Agreement Period. Each BPA call will establish its own period for work and performance.

1.1.6 Performance of Work.

► The Contractor agrees to furnish services when requested by an authorized representative of the Arapaho

Roosevelt National Forests. Aside from the Contracting Officer, the authorized representative for each BPA call will be designated on a Designation of Contracting Officer’s Representative (COR) form. A copy will be furnished to the Contractor, issued in conjunction with the call. Limits of authority are described in each designation letter.

► The Contractor shall furnish all personnel required to perform the services required under this statement of work.

► The Contractor shall be responsible for the conduct of all Contractor employees and shall inform the Contracting Officer (CO) of any complaints received.

► The Contractor shall ensure Contractor personnel are adequately trained or certified to meet the requirements of this statement of work.

► The Contractor shall schedule working hours to satisfy the requirements of each facility. This will vary by season and workload.

► Site Visits. The Contractors shall attend a pre-bid site visit, prepare a cost/price estimate including time, equipment, and materials for each call order request, and will submit their total estimate to the Contracting Officer for evaluation and award.

► Scheduling Work. The Contractor shall schedule work to minimize impact on facilities use when possible.

► Damage to Government Property. The Contractor shall restore at the Contractor’s expense, and no expense to the Government, any Government property, including but not limited to, facilities, equipment, structures, land, natural resources or other Government property damaged as a result of performing the requirements of this statement of work. Repairs shall be made promptly and to the satisfaction of the CO. In addition the damage shall be reported to the CO within 24 hours of the occurrence. All repairs or replacements made to Government property shall be done using quality workmanship and materials and the damaged property shall be repaired to an equal or better condition than existed prior to the damage. Materials used for replacement shall be new or good as new and shall not be worn out, damaged, or out of date.

► Clean Up. Contractor generated debris and rubbish shall be removed from the work site or placed in an appropriate container daily. Debris shall be removed and transported in a manner to prevent spillage on the roads, parking areas, and adjacent areas. The Contractor will be responsible for proper disposal of all materials at an approved disposal site.

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1.1.7 Equipment.

The Contractor shall furnish all supervision, labor, materials, tools, supplies, and equipment required for performance of work described in this statement of work. All supplies and materials used by the Contractor shall be new or will require approval by the CO or COR.

1.1.8 Government Furnished Property.

There may be some Government-Furnished Property associated with these projects, limited to minor materials or equipment used normally in the performance of calls. Unless otherwise agreed upon and/or specified in a BPA Call, any materials categorized as Government Furnished Property incorporated into the work shall be furnished and delivered to or near the project site(s) by the Contractor.

► Keys. The Government will provide the Contractor with keys to facilities as needed in the performance of individual calls. Keys will be returned at the end of each individual project.

1.1.9 Commercial Items.

Commercial provided materials, such as paint or piping shall be paid for separately under each call order.

1.1.10 Definitions.

► Administrative Contracting Officer (ACO) - The ACO has authority for the administration of the contract and will handle all matters beyond the authority of the COR. Generally, this includes the day-to-day administration of the contract, except for matters pertaining to changes in contract price and time. The ACO Designation letter outlines functions the ACO cannot perform.

► Contracting Officer (CO) Has full authority for the administration of the contract and will personally handle all matters beyond the authority of the ACO and COR. Contracting Officers are agents of the Government and are the only officials authorized to enter into any contract or agreement that binds the Government. If you are asked to perform additional work, or make changes not specified in the contract, DO NOT perform the work but immediately notify the Contracting Officer. A Contracting Officer holds a legal warrant, which is a designation of authority to bind the Government.

► Contracting Officer’s Representative (COR) The Contracting Officer’s Representative (COR) is the person most responsible for technical advice. The COR is also responsible for maintaining property records, outlining work, material approvals, inspecting work in progress, estimating completed work for partial or progress payments, and conducting pre-final and final inspections. In addition the COR oversees administrative matters (e.g., submittals, etc.). Also ensures elements of contract requirements are met in accordance with terms and conditions. The COR is NOT authorized to direct changes or bind the Government to any contractual agreement. NOTE: Designation form FS-6300-6 outlines functions the COR cannot perform.

► Government Technical Monitor (GTM) Assists the CO and COR as a technical advisor/inspector to monitor contractor performance. A GTM has no contractual authority. This person exists only to advise the COR in his/her area of expertise.

1.1.11. Additional Agreement Information.

► Quantities are not guaranteed.

► The attached Schedule of Items (in Excel) requires pricing that will coincide with the PWS and will include

Firm Fixed Priced Rates spanning the duration of the agreement for BPA Calls.

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1.2. Inspection And Acceptance

52.246-1 Contractor Inspection Requirements. (APR 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.

(End of clause)

52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

52.246-12 Inspection of Construction. (APR 1996)

52.246-13 Inspection - Dismantling, Demolition, or Removal of Improvements. (AUG 1996)

452.246-70 Inspection and Acceptance. (FEB 1988) -- Alternate I (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection will be performed at: the work site designated in each call order.

(c) Acceptance will be performed at: the Contracting Officer's work location.

1.3 Deliveries Of Performance

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) The Contractor shall be required to (a) commence work under this agreement and any subsequent call within 3 calendar days after the date the Contractor receives the notice to proceed,

(b) Perform the work diligently, and

(c) Complete the entire work ready for use not later than date stated in each individual BPA Call. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

52.211-13 Time Extensions. (SEP 2000) Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

(End of Clause)

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52.242-14 Suspension of Work. (APR 1984) 52.242-15 Stop-Work Order. (AUG 1989) 52.242-17 Government Delay of Work. (APR 1984)

452.211-74 Period of Performance. (FEB 1988) The period of performance of this agreement is from the date of Award through 31 December 2018. All BPA Calls shall be performed within the performance period specified under the individual call.

(End of Clause)

452.211-75 Effective Period of the Contract. (FEB 1988) The effective base period of this BPA is the estimated award date (on or about 14 July 2018) through 31 December 2018. The agreement contains four (4) one year optional years that may be exercised at the discretion of the Government.

(End of Clause)

452.236-75 Maximum Workweek - Construction Schedule. (NOV 1996) The Contractor is required to submit with call proposal the following in writing for approval:

(a) A progress schedule, and

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

The maximum workweek that will be approved is Monday through Friday - 40 hrs.

1.4 Sustainable Products

The Contractor shall comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

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

1.4.1 In the performance of this contract, the Contractor shall make maximum use of biobased oils and lubricants that are designated by the United States Department of Agriculture unless the product cannot be acquired:

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

Meeting contract performance requirements; or At a reasonable price.

Information about this requirement and these products is available at http://sftool.gov/green-products/1/construction-materials.

1.4.2 The Federal Acquisition Regulation (FAR) requires Contractors to report the purchase of biobased products under service and construction contracts during the previous Government fiscal year (October 1 thru September

30) and to submit this report no later than:

October 31 of each year during contract performance; and At the end of contract performance.

Information about this requirement is available at http://www.biopreferred.gov/FARReporting/FARReporting.xhtml

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1.4.3 Sustainable products identified for this solicitation:

The following is an example list of products that may be used in this contract for operations and maintenance for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

1.4.3.1 Diesel Fuel Additives

(1) Any substance, other than one composed solely of carbon and/or hydrogen that is intentionally added to diesel fuel (including any added to a motor vehicle's fuel system) and that is not intentionally removed prior to sale or use.

(2) Neat biodiesel, also referred to as B100, when used as an additive. Diesel fuel additive does not mean neat biodiesel when used as a fuel or blended biodiesel fuel (e.g., B20). 90% - Minimum Biobased Content.

1.4.3.2 Hydraulic Fluids - Mobile Equipment

Hydraulic fluids formulated for general use in nonstationary equipment, such as tractors, end loaders, or backhoes.

44% - Minimum Biobased Content.

1.4.3.3 Penetrating Lubricants

Products formulated to provide light lubrication and corrosion resistance in close tolerant internal and external applications including frozen nuts and bolts, power tools, gears, valves, chains, and cables. 68% - Minimum Biobased Content.

1.4.3.4 Greases – Truck

Lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners. Lubricants that are designed for use on the fifth wheel of tractor trailer trucks onto which the semi-trailer rests and pivots. 71% - Minimum Biobased Content.

1.4.3.5 Gear Lubricants

Products, such as greases or oils, that are designed to reduce friction when applied to a toothed machine part (such as a wheel or cylinder) that meshes with another toothed part to transmit motion or to change speed or direction.

58% - Minimum Biobased Content.

1.4.3.6 Fuel Conditioners

Products formulated to improve the performance and efficiency of engines by providing benefits such as removing accumulated deposits, increasing lubricity, removing moisture, increasing the cetane number, and/or preventing microbial growths within the fuel system. 64% - Minimum Biobased Content.

1.4.3.7 Erosion Control

Woven or non-woven fiber materials manufactured for use on construction, demolition, or other sites to prevent wind or water erosion of loose earth surfaces, which may be combined with seed and/or fertilizer to promote growth. 77% - Minimum Biobased Content.

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2. EXTENT OF OBLIGATION

► The Government is obligated only to the extent of authorized purchases actually made under the BPA.

► This agreement will be effective immediately when signed by both parties.

► It will remain active for five years.

► An annual review will be conducted prior to the beginning of each fiscal year.

3. PURCHASE LIMITATION AND SCHEDULE OF ITEMS

► Purchases under this agreement are limited to $25,000.00 per transaction for services.

► The total maximum amount of the BPA will not exceed $500,000.00 for the duration of the agreement.

► Price Schedule of items will be sent with each BPA Call. See Section 5.2 for information on BPA Calls.

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4. ATTACHMENTS

► Unless otherwise stated, the attachments contained herein apply to the BPA solicitation package only.

► Each individual call will have its own attachments section as part of the project package.

Attachment Number Attachment Title Date

No. of Pages

J.1. Biobased Statement Letter 2 J.2. Experience Questionnaire (FS 6300-27) 3 J.3. Designation of Representatives 1 J.4. Subcontractor Approval (FS 6300-11) 1 J.5. WD 15-5415 (Boulder) 01/16/2018 11 J.6. WD 15-5419 (Rev.-7) (Clear Creek and Gilpin) 01/16/2018 11 J.7. WD 15-5437 (Rev.-5) (Grand) 01/16/2018 11 J.8. WD 15-5421 (Rev.-7) (Larimer) 01/16/2018 11 J.9. WD 15-5425 (Rev.-8) (Weld) 01/16/2018 11 J.10. WD CO27 (Rev. -2) (Boulder) - Building 03/02/2018 6 J.11. WD CO29 (Rev. -2) (Clear Creek) - Building 03/02/2018 7 J.12. WD CO40 (Rev. -2) (Gilpin) - Building 03/02/2018 7 J.13. WD CO11 (Rev. -5) (Grand) - Building 03/02/2018 9 J.14. WD CO34 (Rev. -2) (Larimer) - Building 03/02/2018 6 J.15. WD CO39 (Rev. -2) (Weld) - Building 03/02/218 5 J.16. WD CO14 (Rev. -4) (Boulder, Larimer and Weld) - Residential 03/02/2018 7 J.17. WD CO15 (Rev. -4) (Clear Creek, Gilpin, Grand) - Residential 03/02/2018 5 J.18. Scenario: CLRD Stub Work Center Painting 4 J.19. Scenario: BRD Office and Modular Staining 4 J.20. Scenario: CLRD Stub Creek Work Center Building Demolition 4 J.21. Scenario: CLRD Red Feather Work Center Painting 4 J.22. Scenario: BRD Nederland Work Center Water Heater

Replacement (REV 1) 12 J.23. Scenario: Schedule of Items – By Tab (Fill-In) 5

J.24. SOL. TITLE PAGE EXAMPLE 7

J.25 PH1-Boulder Staining Painting 1 J.26 PH2-Red Feather Lakes Painting 1 J.27 PH3-Stub Creek Painting 1

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5. AGREEMENT ADMINISTRATION

5.1 Individuals Authorized To Purchase Under The BPA.

► Christina A. Schofield (christinaaschofield@fs.fed.us) will serve as the Contracting Officer on this BPA and all subsequent BPA Calls. She will have full warrant authority over all contract issues.

► Klenise Wallace (klenisewallace@fs.fed.us) will serve as the Administrative Contracting Officer on this BPA and all associated BPA Calls. She will serve as your primary point of contact throughout this agreement.

► Steve Wood (sjwood@fs.fed.us) will serve as the Contracting Officer Representative on this BPA. His delegated authority and responsibilities and contact information will be defined on a delegation letter issued after agreement award.

5.2 BPA Calls.

► A BPA call is a call against an existing blanket purchase agreement to request a service or product provided under the established agreement.

► All work will be awarded under individual BPA calls issued by the Contracting Officer.

► Each BPA call will be accompanied by its own statement of work and specifications.

► Funding shall be applied under the BPA calls only.

► The Contract Clauses listed below apply to each BPA call.

► Call Order awards will be competed among the awardees and evaluated based on the Best Value Continuum as it is most acceptable to the Government.

► Pricing after award may change only by a bilateral written modification to the call.

► All calls will be issued during the performance period of the agreement.

► Calls will be issued only to contractors awarded under this parent agreement.

► All contractors who are awarded an Agreement will submit pricing on every call order possible. If a contractor cannot meet the “Desired Start Date” and the “Contract Completion Time” identified by number of calendar days referenced on the order, an alternate schedule may be negotiated at the discretion of the Contracting Officer and Contracting Officer’s Representative on a case by case basis.

► All contractors are required to provide a response to a BPA call, even if it is a “No Bid” response. Failure to respond within the timelines specified under a BPA call solicitation will be treated as a “No Bid” response. If the Government does not receive proposals in response to a call, the Government reserves the right to compete the project using full and open competition after exclusions.

► Call orders will be issued on a firm-fixed price basis.

► Once awarded, a BPA Call is a stand-alone contract and will require contract administration from award to closeout.

5.3 Invoices

► Invoices shall be submitted using the Invoice Processing Platform (IPP): The Forest Service utilizes IPP for the electronic submission and tracking of contracts/purchase orders, invoices and payment information. IPP is a secure Government-wide, web-based invoice processing service. Use of this system for invoice payment is mandatory.

► Offeror must have an established account prior to award. Information on how to establish an account can be found by visiting https://www.ipp.gov/vendors/enrollment-vendors.htm. Additional information is available at https://www.ipp.gov/index.htm.

► The Invoice Processing Platform (IPP) does not allow for the contractor to change the description of the line items being invoiced against and therefore an itemized invoice must be uploaded as an attachment(s) or email to the COR for review prior to IPP invoice approval for payment. If the itemized invoice has not been reviewed and approved by the COR, the IPP payment request will be rejected. Please follow the minimum requirements to ensure a successful payment process.

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IPP Invoice shall have the following areas completed at a minimum:

Invoice Number Invoice Date Bill Period Start Date Bill Period End Date Supplier Contact Name Supplier Contact Phone Contract Number

Itemized invoice shall include at a minimum:

Contractor Name & Address Contract number Invoice Number Description of Services or work completed.

Date of services or completion.

5.4 Certified Payrolls. Certified payrolls for Construction: certified payrolls must also be uploaded as an attachment. Contractor and all subcontractors, through the contractor, shall furnish all certified payrolls covering payments to laborers and mechanics for on-site work.

5.5 Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to Proceed.

5.6 Changes. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

5.7 Unauthorized Instructions from Government or Other Personnel. The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority

5.8 Designation of Authorized Representative of the Contractor. The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project.

The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

5.9 Subcontracting.

All Subcontractors performing work under this agreement or any subsequent BPA Calls must be identified and approved by the Government Contracting Officer in writing in advance of work performance. Contractor shall submit a Subcontractor Approval form, FS 6300-11for all applicable subcontractors.

5.10 Contract Release.

Following completion and acceptance of any work performed (including return of Government furnished property and site cleanup), final payment will be made within 30 calendar days after presentation of a properly executed invoice. A release of claims against the Government is required for all BPA calls and Agreements following the agreement (last applicable executed option year)/call performance end date. The release of claims does not include claims arising under this contract, in stated amounts, which the Contractor specifically accepts from the operation of the release.

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6. ADDITIONAL INFO/SPECIAL AGREEMENT REQUIREMENTS

6.1 Key Personnel (452.237-74 (FEB 1988)). The Contractor shall assign to this contract the following key personnel: Contractor Representative/Program Manager; Project Foreman/Woman; and Quality Assurance Inspector ► During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

► The Contractor shall notify the Government in advance of substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions.

The contract will be modified to reflect any approved changes of key personnel.

6.2 Pre-Work Conference.

Prior to commencement of work, the Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. Also at this meeting, such items as work progress schedule, quality control, camping/worksite plan, and fire prevention plans shall be finalized in writing. The notice to proceed is issued after the meeting.

6.3. Fire Control.

► Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the

Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

► Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

► Equitable Adjustment. An equitable adjustment in contract time may be made for this period.

► Fire Protection Requirements. At all times during closed fire season period, as specified by State law, the

Contractor shall comply with each of the following provisions to the extent applicable to his operation under the agreement and any subsequent contracts (BPA Calls).

► Fire Plan. No formal fire plan will be required under this agreement. Should a fire plan be required, it will be stated in the PWS provided to the contrator under the applicable BPA call.

► Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under

5.2.5.2. and 5.2.5.4. below shall count toward fulfillment of the above requirement. Where additional tools, beyond those required below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

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Fire Extinguishers and tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulask6.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chainsaws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw or auger shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw or auger shall be moved at least 10 feet from place of fueling before starting.

Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if required by a BPA call, which will be specified in the PWS. Such fires must not be left burning unattended.

Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch. All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

► Burning. No burning will be authorized under this agreement.

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► Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

6.4. Camping and Worksite Conditions. No camping will be authorized under this agreement.

6.5. Employment of Eligible Workers.

6.6. Personal Protective Equipment.

The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment shall not be used.

The contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh and shall extend to the top of the boot on each leg.

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

In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at no cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

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

6.7. Safety Plan.

When required by FAR 52.236-13 Accident Prevention Alt. I, the Contractor shall prepare a Safety Plan which addresses the specific hazards of the work site, and shall include working in areas of dead trees and falling debris.

The Contractor shall identify the specific conditions that s/he considers is a hazard. The Safety Plan shall also address the personal protective equipment and mitigating measures the Contractor will do to increase safety on the worksite.

52.236-13 Accident Prevention. (NOV 1991)

(a) The Contractor shall provide and maintain work environments and procedures which will—

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to

Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall—

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(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910;

and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any

Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

(End of clause)

Alternate I (Nov 1991). If the contract will involve (a) work of a long duration or hazardous nature, or (b) performance on a Government facility that on the advice of technical representatives involves hazardous materials or operations that might endanger the safety of the public and/or Government personnel or property, add the following paragraph (f) to the basic clause:

(f) Before commencing the work, the Contractor shall—

(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

452.236-77 Emergency Response (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

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(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

(End of clause)

6.8. AGAR Advisory Number 96.

Contractor Performance Information and Contractor Performance Assessment Reporting System (CPARS) Contractor Performance Information and Contractor Performance Assessment Reporting System (CPARS) will be used by the Forest Service for evaluating contractor performance. CPARS is the single USDA-wide system used to collect, maintain, and disseminate contractor performance evaluations to the Past Performance Information Retrieval System (PPIRS). Past performance reporting is required by FAR 42.1502 and 42.1503.

The contractor will be notified by email to review evaluation information submitted by the Agency. The contractor will have 60 days to submit comments, rebutting statements, or additional information to the Assessing Official before any evaluation is considered final.

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7. CLAUSES

Contract Clause No. Contract Clause Title, Description (when applicable) and Effective Date 52.202-1 Definitions (Nov 2013) 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 (Sept 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) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

(Sep 2007)

(a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8). The terms

“agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352.Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of provision)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-7 System for Award Management (Oct 2016) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.211-18 Variation in Estimated Quantity (Apr 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

(End of clause)

52.215-2 Audit and Records—Negotiation (Oct 2010) 52.215-8 Order of Precedence—uniform Contract Format (Oct 1997) 52.215-13 Subcontractor Certified Cost or Pricing Data—Modifications (Oct 2010) 52.215-14 Integrity of Unit Prices (Oct 2010) 52.215-19 Notification of Ownership Changes (Oct 1997)

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Clause No. Contract Clause Title, Description (when applicable) and Effective Date 52.216-1 Type of Contract. (Apr 1984)

The Government contemplates award of a Blanket Purchase Agreements resulting in fixed priced individual calls from this solicitation.

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or call orders by the individuals or activities designated in the Schedule. Such orders may be issued from the entire award base period and for each succeeding year if and as options to extend the term of the contract are exercised by the Government in accordance with FAR 52.217-9.

(b) All delivery orders or call orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or call order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail.

Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $25,000.00;

(2) Any order for a combination of items in excess of $50,000.00; or

(3) A series of orders from the same ordering office within ten (10) business days that together call…