MBRTB_RD_IDIQ_SOW.pdf

SOL NO. 1282D719R0007

Medicine Bow/Routt National Forests and Thunder Basin National Grassland

Road Maintenance IDIQ

SECTION C--DESCRIPTION/SPECIFICATIONS

C.1 Scope of Contract Medicine Bow/Routt National Forests and Thunder Basin National Grassland’s Road Maintenance IDIQ Contract is located within the boundary of the Medicine Bow/Routt National Forests and Thunder Basin National Grassland. By design, an Indefinite Delivery, Indefinite Quantity (IDIQ) contract allows the Government to respond to various emergencies and light construction needs rapidly, without committing to a specific quantity or type of work. When a project is initiated, a Task Order will be offered to the awarded Contractor that outlines the project needs, equipment needs, dates, and specific project location. The resulting Task Orders will be competed among the awardees and evaluated based on lowest price technically acceptable to the Government determination. Section C.2 Description of Work below outlines, in a general sense, the various types of work that may be offered as a Task Order under this IDIQ Contract.

C.2 Description of Work The project includes, but is not limited to, the following work: road construction and re-construction, emergency road construction due to major emergencies such as landslides, blizzards, flooding, fire, etc.; road and/or parking area construction, reconstruction, reconditioning, maintenance, decommissioning; vegetative clearing, grubbing, and brushing;

culvert removal, installation, and repair; road/stream interaction projects; aquatic organism passage projects; erosion control; sign installation and repair; road closure gate/barrier installation and repair, including minor concrete forming and finishing; crushed aggregate material haul; haul and placement of imported borrow or aggregate, and other related road work as described in the Statement of Work under each individual Task Order issued under this contract. Contractor shall provide all necessary heavy equipment, manpower, transportation and operating supplies and other incidentals to accomplish this work.

C.3 Location of Project The project area is described herein and shown on the attached maps (See Section J, List of Attachments). The work is located within the boundary of the Medicine Bow/Routt National Forests and Thunder Basin National Grassland.

C.4 Performance of the Work All work shall be conducted in a safe and expedient manner and in conformance with the specifications referenced in Section J attachment J.2 and the Task Order. When applicable, traffic control shall be in accordance with standards set forth in the most current edition of the Manual on Uniform Traffic Control Devices (MUTCD).

C.5 Equipment All equipment shall be in good repair, and capable of accomplishing assigned tasks in a safe and environmentally acceptable manner. Where applicable, all equipment shall be fitted with approved spark arrestors. All repairs to equipment under this contract shall be made and paid for by the Contractor.

The equipment listed in the Schedule of Items constitutes the minimum mandatory equipment to be furnished and operated under this contract. Failure to furnish rates for this equipment will render the offer non-responsive. Larger equipment may be used except in such cases that oversized equipment would result in unacceptable ground disturbance or be counterproductive. Equipment substitutions must be requested in writing and must be approved by the Contracting Officer prior to use.

Equipment may be owned, rented, or subcontracted.

All equipment shall be cleaned of earthen and vegetative materials that may contain weed seed prior to delivery onto National Forest Lands. If using equipment on multiple Task Orders at one time or if there are long mobilization distances between sites on the same Task Order, the Contracting Officer may require cleaning of equipment between the project sites.

C.6 Equipment and Materials Storage & Staging Upon concurrence from the Contracting Officer, certain areas on the National Forests may be used on a case-by-case basis for storage of equipment and/or materials during active construction and/or maintenance periods. The Contractor shall be responsible for protection of items stored on Government property, and shall ensure adequate safety measures are maintained at such sites.

C.7 References in the Statement of Work/Specifications Any reference in this solicitation to Engineer, Forest Engineer, Project Engineer, Forest Service, COR, shall be replaced with Contracting Officer.

C.8 Standard Specifications “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14”, U.S. Customary Units, is applicable for this project, and is included by reference only. The requirements contained in these Standard Specifications are hereby made a part of this solicitation and any resulting work. These specifications can be viewed at no cost on the FHWA website, which also gives ordering information: https://flh.fhwa.dot.gov/resources/specs/.

Section J attachment J.2 of this contract contains Forest Service Supplemental Specifications (FSSS) that supplement and/or modify the Standard Specifications. The Standard, and Supplemental Specifications shall all be used in conjunction with each other to properly determine the correct specification for each Pay Item in the Schedule of Items. Each task order may or may not have Special Project Specifications included, containing site specific requirements, but remaining within the general scope of the original FP-14 and/or FSSS specifications.

C.9 Price Range The maximum award amount for all contracts and all option years is $5 million dollars. The contract shall be managed on a total IDIQ contract basis in lieu of an individual contract basis. No task orders may be awarded after the cumulative total contract amount has reached the maximum award amount of $5 million dollars.

Price ranges will be established on individual task orders. NOTE: Each of the resulting contracts will include a base year and four one-year option periods. The Minimum and Maximum values for a single Task Order are $2,000 and $500,000, respectively. The cumulative maximum value of all contracts will not exceed $5 million over the life of the contracts. The minimum guaranteed order for each contract is one (1) task order valued at a minimum of $2,000 for the life of the contract. Payment may be made by issuing an order in an equivalent amount and will be paid only if the awarded contractor continues to compete for, but is not awarded, a task order throughout the life of the contract.

C.10 Government-Furnished Property If applicable, Government-Furnished property shall be specified in individual task orders.

SECTION D - Packaging and Marking {For this Solicitation, there are NO clauses in this Section}

SECTION E - Inspection and Acceptance

52.242-15 Stop-Work Order. (AUG 1989) 52.246-12 Inspection of Construction. (APR 1996)

452.246-70 Inspection and Acceptance. (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 and acceptance will be performed at: On Site or specified in each Task Order.

https://flh.fhwa.dot.gov/resources/specs/

SECTION F - Deliveries or Performance

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than date stated in each individual Task Order. The time stated for completion shall include final cleanup of the premises.

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 contract is from Date of Award through one (1) year from award date. All Task Orders shall be performed within the performance period specified in the task order.

452.211-75 Effective Period of the Contract. (FEB 1988) The effective period of this contract is from 365 days from award date. There will be four (4) one year optional years that may be exercised at the discretion of the Government.

452.215-73 Postaward Conference. (NOV 1996) A post award conference with the successful offeror is required. Contractor Officer Representative (COR) will contact you regarding time and place of post award conference

SECTION G - Contract Administration Data

G.1 INVOICES & PAYMENTS

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm

Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.

IPP does not allow the contractor to change the description of the line items being invoiced against, therefore the contractor shall create an invoice in IPP and an itemized invoice. Itemized invoice must be uploaded as an attachment.

Itemized Invoice shall mirror the schedule of items and shall include at a minimum:

Contractor Name Invoice Number Address Contract, Task Order or Purchase Order number Phone number and e-mail address Description of Services or work completed.

Date of services or completion.

In order for invoices to be processed certain documents must be uploaded as an attachment(s):

Itemized Invoice, Certified Payrolls, Final Inspection and a Contractor Notification and Release of Claims

Final Payment - Following completion and acceptance of the work (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.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

Contractor Notification & Release of Claims for Final Payment A contractor notification and release of all claims form shall be completed by the COR and the contractor. The completed form shall be uploaded as an attachment.

Coordinate Invoices – Coordinate submission of invoices with the primary COR and/or CO.

G.2 FOREST SERVICE REPRESENTATIVES:

Lonnie D. Root will serve as the Contracting Officer on the base contract. He will have full warrant authority over all contract issues. He can be reached at lonnie.root@usda.gov

Task Order Administrative Contracting Officer’s (ACO’s) will be appointed at the time of award of each Task Order.

A Contracting Officer Representative will be appointed at time of award of each issued Task Order. His/her delegated authority and responsibilities will be defined on a delegation letter issued after contract award. This delegation will also contain his/her contact information.

G.3 CONTRACT ADMINISTRATION DATA

1. Contract Award. A written award or acceptance of offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

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

3. 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.

4. 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. Designation of Contracting Officer’s Representative (COR). Designation will be made upon contract issuance of task order(s) and a copy of the designation letters will be furnished to the Contractor. Limits of authority are described in each designation letter.

6. 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.

G.4 TASK ORDERS: Warranted Contracting Officers within Region 2 (Rocky Mountain Region) of the United States Department of Agriculture, Forest Service are authorized to place orders against this contract for the National Forests.

All work will be ordered by Firm-Fixed price task order(s) utilizing the maximum pricing listed on the Schedule of Items through the base period and each option year exercised.

Task Orders will be competed amongst the awardees. A Request for Proposal (RFP) will be issued to each awarded contractor requesting a best pricing. Proposal will be evaluated based on price and time constraints. When a project is initiated, a Task Order will be offered to the awarded Contractor who provides the best value proposal.

mailto:lonnie.root@usda.gov

The Contracting Officer shall submit an executed task order to the Contractor. Changes that increase or decrease price, schedule of items, specifications, or performance period may only be made by a written executed modification to the task order signed by the Contracting Officer and the Contractor.

G.5 CONTRACT AWARD

A written award or acceptance of an offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

G.6 GOVERNMENT FURNISHED PROPERTY

None provided unless otherwise specified in the Task Order.

G.7 CHANGES

The Contracting Officer is the only person authorized to approve changes to the requirements under this contract. 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.

G.8 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.

G.9 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)

Designation will be made upon contract issuance and a copy of the designation letters will be furnished to the Contractor.

Limits of authority are described in each designation letter.

G.10 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.

G.11 PRE-WORK MEETING

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 (if required). The meeting will be held at a time and place determined by the Contracting Officer or Contracting Officer Representative.

G.12 WORK PROGRESS SCHEDULE

The Contractor shall be required to present at the pre-work conference a written plan of work providing for the orderly and timely completion of the contract requirements. This plan is subject to the approval of the Contracting Officer. The schedule may be modified in writing during the course of the contract when conditions warrant it.

If the work progress falls behind schedule, the Contractor shall take such action as necessary to ensure that the timely completion of the contract is not jeopardized. In addition, the Contracting Officer may require the Contractor to submit a revised plan of work showing how he intends to complete the project on time and in compliance with all contract requirements.

G.13 DEDUCTIONS

It is the objective of the Government to have the contractor complete and satisfactory perform in accordance with the terms of the specifications and requirement of this contract. To this end, the Government is contracting for the complete performance of each task identified in the specifications, and deductions may therefore, be made stipulated by Performance Work Statement.

G.14 CONTRACT RELEASE

The following supplements the Payments clause in Section I:

Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts (indicated under reservations of the Contractor Certification and Release of Claims Form), that the Contractor has specifically accepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

G.15 EVALUATING CONTRACTOR PERFORMANCE

AGAR ADVISORY NUMBER 96B Contractor Performance Information and Contractor Performance Assessment Reporting System (CPARS) Evaluations CPARS is 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 30 days to submit comments, rebutting statements, or additional information to the Assessing Official before any evaluation is considered final.

Each award requiring an evaluation must be registered in CPARS. The contractor will receive several automated emails.

Within thirty days of award, the contractor will receive an e-mail that contains user account information, as well as the applicable contract number(s) and evaluation module assigned. The contractor will have one user account set up that will allow access to all three modules.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used by Federal Agencies to support future award decisions. The contractor is responsible for the accuracy and completeness of the data within the System for Award Management (SAM) database.

G.16 OMBUDSMAN

In accordance with FAR 16.505(a)(10), no protest under FAR subpart 33.1 is authorized in connection with the issuance or proposed issuance of a Task Order under this contract, except for a protest on the grounds that a task order increases the scope, period, or maximum value of the base contract. The Ombudsman will review complaints from the contractors and ensure that all contractors are afforded a fair opportunity to be considered consistent with the procedures of the contract.

Complaints to the USDA Forest Service Ombudsman must be forwarded to:

USDA Forest Service Branch Chief Procurement Policy 1400 Independence Ave., SW, Mailstop 1138 Washington DC, 22050

452.215-73 Postaward Conference. (NOV 1996) A post award conference with the successful offeror is required. Contractor Officer Representative (COR) will contact you regarding time and place of post award conference

SECTION H - Special Contract Requirements

452.236-77 Emergency Response. (NOV 1996)

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

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

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

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

452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Contractor Representative, Project Manager, Project Forman/Woman, and Inspector.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

52.222-704 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, chainsaw operation.

H. 1 FIRE CONTROL

H.1.1. 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.

H.1.2. 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.

H.1.3. Any employees and equipment furnished will be relieved from firefighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

H.1.4. An equitable adjustment in contract time may be made for this period.

H.1.5. Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

H.1.5.1. Fire Tools. The Contractor will provide for each employee in the contract area at least one approved hand tool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under H.1.5.2. and H.1.5.4. 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.

H.1.5.2. Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

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

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

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

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

H.1.5.3. Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small 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.

H.1.5.4. Powersaws. For each powersaw used in connection with this contract, the following will be provided:

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

b. 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.

H.1.5.4.1. 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.

H.1.5.5. Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

H.1.5.6. Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

H.1.5.7. Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

H.1.5.8. Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

H.1.5.9. Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch. All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

H.1.5.10. Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

H.1.5.11. Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

H.1.5.11.1. When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

a. All high fire risk operations could be terminated at 1300 local time.

b. All burning could be stopped, including debris burning fires.

c. Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

H.1.5.12. Pump and Trailer. Not required.

H.1.5.13. Burning. Before starting any open burning, the Contractor shall comply with the following:

a. Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

b. Obtain a burning permit from the District Ranger.

c. Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

d. Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

e. Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

f. Under certain atmospheric conditions, smoke accumulations may become excessive and, in these cases, the Regional Forester may, at his discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

H.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. This meeting is to discuss such items as work progress schedule, quality control, worksite plan, and fire prevention.

H.3 CAMPING PERMITS

The Contractor does/does not intend to camp on National Forest lands. Forest Service permits, issued by the District Ranger, will specify restrictions regarding campsite and sanitary provisions. Combustible refuse, resulting from lunches, etc., may be burned if authorized. All noncombustible materials, cans, bottles, etc., shall be removed from Forest land.

H.4 NOXIOUS WEEDS

The contractor shall ensure that prior to moving on to the National Forest all equipment is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. The contractor shall employ whatever cleaning methods are necessary to ensure that equipment is free of noxious weeds. The contractor shall provide the Contacting Officer with certification, in writing, that all equipment is free of noxious weeds prior to start-up of operations. Equipment shall be considered free of soil, seeds, and other such debris when a visual inspection by the Government does not disclose such material.

H.5 REPORTING ALLEGED CHILD ABUSE

Pursuant to the spirit and requirements of P.L. 101-647, Section 225 and 226, the following applies:

Any employee or representative of the Contractor who becomes aware of allegations that a child in the program covered by this contract is (a) a victim of a crime of physical abuse, sex abuse, or exploitation; or (b) a witness to a crime committed against another person; shall make a report of the suspected abuse to the Contracting Officer’s Representative within 24 hours. The initial report shall be made by phone and shall be followed-up in writing, providing salient points of the allegations. When such allegations about a contractor employee occur as covered by this clause, the Contractor employee who is the subject of the allegations will immediately be required to vacate the work site and will be replaced by another contractor employee. The subject employee will remain away from the work site until an investigation is completed. The Government will not incur additional costs by the Contractor who must provide a replacement employee.

The Contractor shall limit disclosure of documents concerning alleged child abuse to the persons who by reason of their participation in the proceeding have reason to know such information.

Any conviction of a sex crime, an offense involving a child victim or drug felony, will be grounds for denying employment or for dismissal of an employee in any position-serving children. Conviction of a crime other than a sex crime may be considered if it bears on an individual’s fitness to have responsibility for the safety and well-being of children. The consideration of another crime bearing on an individual’s fitness will be mutually agreed upon between the NTC and agency involved.

H.6 SAFETY PLAN - Must be submitted within 20 calendar days after award of contract 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. The Safety Plan should also include safety hazards and mitigation while working in areas of bear habitats.

The Safety Plan should be updated with pertinent information when a task order is issued. Pertinent information may include location of local emergency care facilities, contact information for employees should an accident occur at the worksite, etc.

A copy of the Safety Plan shall be submitted to the Contracting Officer for the contract file. The Contractor’s Safety Plan is neither approved nor disapproved by the government but will be provided to OSHA when requested.

H.7 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.

H.8 USE AND OCCUPANCY RESTRICTION ORDERS

Contractor will abide by Forests’ Use and Occupancy Orders. Contractor is responsible for contacting the local Forest prior to starting work to ascertain if there is applicable Use and Occupancy Restriction Orders for that forest.

H.9 HAZARDOUS SUBSTANCES

The Contractor shall notify the National Response Center and Contracting Officer Representative of all releases of reportable quantities of hazardous substance on National Forest lands that are cause by Contractor’s employees, equipment, agents, contractors, subcontractors, or their employees or agents, directly or indirectly, as a result of Contractor’s operations, in accordance with 40 CFR 302. See Section J for reporting requirements and documentation.

H.10 LANDSCAPE PRESERVATION

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials.

Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

H.11 PERFORMANCE AND PAYMENT BONDS

a. PERFORMANCE BONDS. For contracts over $150,000, a Performance and Payment Bond are required. The bond(s) must be submitted and approved, to the Government, within 10 calendar days after the Contractor’s receipt of the executed Task Order. Work shall not begin until a Notice to Proceed, fully executed by the Contractor Officer, has been received by the Contractor. The amount of the Performance Bond must equal 100% of the contract amount. (Standard Form 25 is attached, see Section J) (See Section I, 52.228-15)

b. PAYMENT BOND. For contract over $30,000, a Payment Bond is required. The bond must be submitted and approved within 10 calendar days after receipt of the contract. Work cannot begin until a Notice to Proceed, fully executed by the Contractor, has been given. The amount of the Payment Bond must equal 100% of the contract amount. (Standard Form 25A is attached, see Section J attachment J.3) (See Section I, 52.228-15)

H.12 BID BONDS

In accordance with FAR 28.1--Bonds and Other Financial Protections Bidder(s) shall submit with their bid a Bid Guarantee with good and sufficient surety or sureties acceptable to the Government, or other form of security in the amount of 20 PERCENT OF THE BID PRICE. The amount of the bid guarantee submitted, if less than that required by the solicitation for the maximum quantity offered, is determined by the Government to be sufficient for a quantity for which the Offeror/Bidder is otherwise eligible for award. Any award to the Offeror/Bidder shall not exceed the quantity covered by the bid guarantee, reference FAR 28.101-4(c)(3) Noncompliance with Bid Guarantee Requirements. (Standard Form 24 is attached hereto - See Section J attachment J.4) (See Section I, 52.228-1)

H.13 WAGE DETERMINATION

U.S. Department of Labor Wage determinations applicable to this contract are incorporated herein. (See Section J.)

If any laborer or mechanic is to be employed in a classification that is not listed in the wage determination applicable to the contract, the contractor shall submit to the Contracting Officer a Standard Form (SF) 1444 Request for Authorization of Additional Classification and Rate, along with other pertinent data.

H.14 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 30 days to submit comments, rebutting statements, or additional information to the Assessing Official before any evaluation is considered final.

Order Value Requirement Orders <$30,000> Performance and Payment Bond are not required.

Orders $30,000 to $150,000 Only Payment Bond required for 100% of the order amount.

Orders $150,000+ Performance and Payment Bonds required for 100% of the order amount.

Value of bonds shall be equal to the value of the Task Order.

SECTION I - Contract Clauses

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. (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) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2016) 52.204-13 System for Award Management Maintenance. (OCT 2016) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts. (Oct 2016) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (JUL 2013) 52.215-2 Audit and Records - Negotiation. (OCT 2010) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

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 task 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 task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task 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.

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 $500,000.00;

(2) Any order for a combination of items in excess of $500,000.00; or

(3) A series of orders from the same ordering office within ten (10) days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5)days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;…