A-11_1282MK18R0002.pdf

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CODE 18a. PAYMENT WILL BE MADE BY

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

82MK

216 NORTH COLORADO STREET

ATTN PEGGY DOBIE

USDA FOREST SERVICE

GRAND MESA UNCOMPAHGRE GUNNISON N

82Z1 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR82MK

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

02/28/2018 1300 MT

01/31/2018

970-642-4415PEGGY DOBIE

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INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1282MK18R0002

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 64 889680OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

GUNNISON CO 81230

TELEPHONE NO.

17a. CONTRACTOR/

GRAND JUNCTION CO 81506

2777 CROSSROADS BLVD

GRAND VALLEY RANGER DISTRICT

USDA FOREST SERVICE

15. DELIVER TO

GUNNISON CO 81230

216 NORTH COLORADO STREET

ATTN PEGGY DOBIE

USDA FOREST SERVICE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$7.50

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12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

GRAND MESA UNCOMPAHGRE GUNNISON N

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

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SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Grand Mesa, Uncompahgre and Gunnison National Forests - Grand Valley Ranger District

North Uncompahgre Gunnison Sage Grouse Habitat Improvement Mastication Project.

This project will treat between 175-500 acres in 2018 in core Gunnison Sage-grouse habitat on the Uncompahgre Plateau. This project will be implemented by using a large mastication type machine to remove forest vegetation to improve

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HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

CHRISTINA A. COOK

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

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AUTHORIZED FOR LOCAL REPRODUCTION

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25. ACCOUNTING AND APPROPRIATION DATA

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REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

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40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

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FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

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42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

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41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

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AMOUNT

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SCHEDULE OF SUPPLIES/SERVICES

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ITEM NO.

habitat for multiple species.

Delivery: 08/28/2018

Period of Performance: 07/15/2018 to 08/26/2018

001 Grand Valley Sage Habitat Improvement

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

N. Uncompahgre Mastication GMUG NFs – Grand Valley RD

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B - SECTION B - Supplies or Services and Prices/Costs Schedule of Items

C - SECTION C - Description/Specifications/Statement of Work

D - SECTION D - Packaging and Marking

E - SECTION E - Inspection and Acceptance

F - SECTION F - Deliveries or Performance

G - SECTION G - Contract Administration Data

H - SECTION H - Special Contract Requirements

I - SECTION I - Contract Clauses

J - SECTION J - List of Documents, Exhibits, and Other Attachments

K - SECTION K - Representations, Certifications, and Other Statements of Offerors

L - SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents

M - SECTION M - Evaluation Factors for Award

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B - SECTION B - Supplies or Services and Prices/Costs Schedule of Items

Primary Bid Items

Pay Item

Description Measure Quantity Cost/Unit Total

1 Unit 1- Gunnison Sage Grouse Habitat Improvement

Acres 168 $ $

Total$

Optional Bid Items

2 Unit 2 - Gunnison Sage Grouse Habitat Improvement

Acres 353 $ $

3 Unit 3 - Gunnison Sage Grouse Habitat Improvement

Acres 391 $ $

Totals$

NAME:

DUNS:

PHONE:

E-MAIL

REQUIREMENTS: OFFERORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT

(www.sam.gov). OFFERORS MUST RESPOND TO ALL CRITERIA INCLUDED IN SECTION L. OFFERORS

WHO FAIL TO MEET THESE REQUIREMENTS WILL BE DEEMED NON-RESPONSIVE AND NOT BE

CONSIDERED FOR AWARD.

http://www.sam.gov/

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C - SECTION C - Description/Specifications/Statement of Work

Gunnison Sage-grouse Habitat Improvement Mastication Work 2018 Grand Valley Ranger District

SCOPE OF CONTRACT

This contract will hire a qualified contractor to operate rubber-tired mastication machines (fecon or hydro-axe) on the Uncompahgre plateau in 2018. The successful contractor will provide the mastication machines and qualified operators in order to accomplish the project areas outlined in the contract. The contractor will be able to provide multiple fecon or hydro-axe machines (at a minimum two machines at all times) while working on this project. Multiple machines will ensure that the project is completed in a timely manner and that work can continue when mechanical issues arise. If all machines are incapacitated due to mechanical issues, the operator will supply an additional machine within 48 hours to continue work. The machines will have rubber tires and will have either a fecon head or hydro-axe masticator. The project areas will be conducted in primarily flat, rolling sage parks and would be considered minimally difficult. The specific areas of treatments are displayed in detail on the maps in the appendix. Once the primary target acres are accomplished, the remaining units will be additive and completed as the funding remains available to accomplish these other target acres. The following will be provided by the contractor and will be included in the bid per acre for the completion of the project.

Mobilization of the machine at the beginning and end of the work period.

Qualified operators that are familiar with the machines and can work for an extended period of time on the various planned projects. Operators will be responsible for the daily maintenance and upkeep of the machines.

Contractor will provide on-site support equipment that can optimize the daily production. This would likely be in the form of a fully equipped service truck that can provide service and repairs in the field.

Fuel will be provided by the contractor and will be incorporated into the price per hour. A fuel trailer or similar container that is moveable should be provided to the job site for the duration of the rental agreement.

Contractor will utilize a GPS unit to delineate treatment units and areas that are to be avoided.

Work will not begin until July 15, 2018 to avoid conflicts with sensitive wildlife habitat.

No new roads or trails will be constructed during the implementation phase of the project, with access and travel, restricted to existing roads and trails within the project area.

Objectives The primary objectives will be to increase the existing sage parks in size and to remove oak and potentially Juniper and pinyon trees that may be encroaching into the sage habitat. Mowing in the sage units will require removing 85-100% of the non-sage vegetation that may be present in these units. This will expand the sage parks and improve habitat for grouse.

Desired Outcomes and Benefits

Treatments in sage parks will be implemented in order to expand the size and overall conditions of the sage parks. The removal of pinyon/juniper and oak in these habitats will create a habitat that grouse would be more likely to utilize. All trees and shrubs (85-100%) in these units are to be removed.

PROJECT LOCATION

The mastication work will occur on the Grand Valley Ranger district of the Uncompahgre Plateau in Mesa County, Colorado. The project area is approximately 30 – 40 miles southwest of Grand Junction, CO. See the

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maps in the appendix for the project locations. All areas that need to be worked in will be closely coordinated with the operator. Maps of units or linear fire lines will be provided to the operator, as well as a GPS unit if the operator cannot provide their own GPS. The operator will be expected to be able to navigate comfortably the treatment areas with a GPS unit.

TREATMENT UNITS:

There are three distinct treatment areas that may be treated depending on the funding and price/acre of the contract.

The descriptions below will describe the different treatment areas and the prescription for each area.

1) Gunnison Sage-grouse habitat Enhancement: This project area in on the north end of the Uncompahgre plateau in the Dominquez Creek area. The treatment will create larger sage parks for grouse habitat. The vegetation is sage with Gambel oak and pinyon/juniper mixed in. There is one primary unit in this project area and two optional units if funding becomes available:

a) Unit 1 - Gunnison Sage Grouse – 168acres

i) Unit 2 - Gunnison Sage Grouse - Optional Unit – 353 acres

ii) Unit 3 - Gunnison Sage Grouse - Optional Unit – 391 acres

WORK STANDARDS

Please Note: Work will not begin until July 15, 2018

Specifications: Mechanical Fuels Treatment (mastication)

1) The following vegetation is designated to be treated by cover type and treatment unit(s).

2) Potential treatment areas are discussed below by the dominant vegetation that may be present:

a) Sage Park treatments-

Remove 85-100% of the trees and shrubs that is not sage in these units.

Vegetation is mainly comprised of mixed mountain shrubs and some pinyon/juniper.

Some larger “savannah” type oak will be retained.

3) Mow and shred only on slopes less than 30 percent.

4) All mowed vegetation shall be shredded such that 60 percent of the mulch material is less than 4 inches in diameter and 12 inches long. Eighty percent of the mulch and slash resulting from the mowing and shredding must be distributed on the ground surface at a depth less than 6 inches. A small portion of the slash resulting from the mowing and shredding (not more than 20%) may be higher than 6 inches but no more than 18 inches above the ground.

5) Stumps and stubble heights must be less than 8 inches above the ground surface or any obstacle.

6) Do not mow large “savannah” Gambel oak (DRC 6 inches and greater with a heightened crown).

7) Snags greater than 12 inches DBH and 15 feet tall are protected. If a snag is identified, surrounding live trees will be left to act as a buffer.

8) The Contractor shall minimize soil disturbance and exposure of mineral soil to less than 10% of the treatment area.

Treatment units will not be flagged and will be easy to identify based on the vegetation. In addition, shapefiles of the units will be provided to the contractor for use in GPS units. The contractor will be expected to use GPS units to accurately identify the unit boundaries. The unit boundaries are also identified on the project map provided in Section J. All cultural sites of importance will be flagged and avoided during implementation.

Any Contractor created access points shall be restored to a non-accessible state by the Contractor as directed by the Government. Methods may include earthen berms or slash distributed along access roads. Any bare soil areas

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created as a result of accessing the units shall be seeded by the Contractor with the seed mixture prescribed and provided by the Government.

Treatments will be completed during time periods that generally limit impact to soil resources.

Environmental conditions such as wet/saturated ground, standing water, or heavy snowfall (12”+) would limit operations. The Contracting Officer’s Representative (COR) will determine when soil moisture is at a level where operations must be curtailed. Specifically, if heavy rutting (over six inches) occurs in the unit, operations shall be suspended. When such conditions are encountered, the Contractor shall stop work and notify the COR.

Dry or frozen soil conditions are preferred. Operations outside the preferred conditions will be coordinated with the COR. Sections of an individual unit may be restricted, while other sections are deemed operable;

however the final determination will be made by the Government.

Camping is permitted; however camp sites must be pre-approved by the COR and campsites must be maintained in accordance with Forest Service policy.

The Contractor shall provide transportation for all equipment, personnel, fuel, and water to and from the site. The Contractor shall be responsible for providing the necessary material handling equipment to on- load and off-load materials as well as provide appropriate security of equipment and property left on site.

RESOURCE PROTECTION STANDARDS

Water Quality- The following measures shall be observed to protect stream courses:

1. The Contractor’s operations shall be conducted to prevent debris from entering stream courses. In event the Contractor causes debris to enter stream courses in amounts which may adversely affect the natural flow of the stream, water quality or fishery resource, the Contractor shall remove such debris as soon as practicable, but not to exceed 48 hours, and in an agreed manner that will cause the least disturbance to stream courses.

2. Wheeled equipment shall not be operated in stream courses except at crossings designated by the Forest Service. Contractor should cross perpendicular to direction of flow.

3. Mowing/shredding equipment must not be operated in riparian areas, which are defined as permanent or intermittent wet spots or drainages with willows, cottonwood trees or other riparian vegetation. These areas are protected by description and may or may not be designated on the ground.

4. Avoid working within 50 feet of a gully or channel with vertical banks of 4 feet or greater.

Wet Period Restrictions

Forest Service “all-weather” roads with a gravel or paved surface can be operated on during most weather conditions except extremely wet periods. All other roads are native surface. Travel on native surface roads and off-road with equipment is restricted when the soil is saturated. Soils are too wet when the moisture content exceeds the plastic limit. If soils within 6 inches of the surface can be rolled into threads 3 millimeters in diameter without breaking or crumbling the soils are too wet for operations. If the soils are saturated such that ruts 3 inches or deeper and 10 feet long are created by heavy vehicles, the Contractor shall cease operations in that area. If conditions persists, the COR may suspend the Contract until the soils dry out or freeze. If the Contract is suspended due to wet conditions, the Government is not responsible for additional mobilization costs.

Other Resource Protection

All of the activities associated with this project shall be conducted in such a manner that there shall not be any adverse impact to the following resources listed.

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1. Improvements and Survey Monuments- The Contractor(s) shall avoid any damage to improvements such as, but not limited to, fences, gates, utility poles, survey markers or monuments, survey witness trees and cultural sites. The Contractor will be required to repair or pay fair market value to replace any damaged improvements.

2. Cultural Sites – The Project Area has been surveyed and flagged for avoidance for all cultural sites prior to layout of Treatment Units, however should any heritage or cultural sites be discovered during operations, the Contractor should immediately stop treatment in that area and contact the COR who will notify the District Archeologist. Protected cultural areas will be flagged with pink and black ribbon and should be considered no treatment areas.

3. Wildlife - No disruptive activities will be allowed within 300 feet of any active raptor nest during the period May 1 - July 31. If operator discovers an active nest it is to be reported to the COR or inspector.

If a goshawk nest is discovered, no disruptive activities will be allowed near the nest during the period March 1 - August 15. A district wildlife biologist will be consulted to determine an appropriate buffer.

4. Protected Trees – The COR may require the Contractor to sever from the stump and shred trees damaged by the Contractor's or Subcontractor if the damage exceeds any of the following:

a. Bark removed from more than 50% of the circumference of the bole.

b. Top is broken.

c. More than 1/3 of the cross-section of the bole is missing.

d. More than 30% of the live crown is missing.

The COR or designated inspector will identify and mark all damaged trees. If the damage is excessive (outside of the Acceptable Quality Level), the Contractor will be charged a rate of $20/tree.

SAFETY

When the Contractor’s operations are in progress adjacent to or on Forest Service/County controlled roads and trails open to public travel, the Contractor shall furnish, install and maintain all temporary traffic controls that provide the user with adequate warning of hazardous or potentially hazardous conditions associated with the Contractor’s operations. A specific traffic control plan for each Treatment Unit shall be agreed to by the Contractor and the Forest Service prior to commencing operations. Devices shall be appropriate to current conditions and shall be covered or removed when not needed. Flagmen and devices shall be as specified in the “Manual on Uniform Traffic Control Devices for Streets and Highways” (MUTCD).

Contractor shall take precautions when operating directly adjacent to private land to avoid creating hazardous conditions that compromise the safety of residents or that my damage buildings and property.

Warning signs must be posted at least 300 feet away from the machinery on roads and trails adjacent to the Treatment Units while the shredding/mowing machinery is in operation.

ROAD MAINTENANCE

Commensurate with use, the Contractor is responsible for maintaining all roads within the project area.

Maintenance shall be performed in a timely manner to prevent rutting and seasonal weather damage, and safeguarding soil and water quality, and provide for safe use. Specifications for road maintenance activities are listed below.

e. Visibility. The Contractor shall remove vegetation or other obstructions to driver visibility as such obstructions caused by Contractor’s activities during the permit period.

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f. Drainage Maintenance. The Contractor shall keep ditches, culverts, water bars and other drainage facilities clear and functioning.

NOXIOUS WEEDS

Cleaning of Equipment. The Contractor shall insure all equipment moved onto Public Land is free of soil, seeds and vegetative matter or other debris that could contain or hold seeds. The Contractor shall employ whatever cleaning methods are necessary to insure compliance, and shall notify the COR prior to moving each piece of equipment onto Public land. Notification will include identifying the location of the equipment’s most recent operations. Arrangements will be made for the Forest Service to inspect each piece of equipment prior to it being moved onto National Forest land. “Equipment” includes all machinery except for log trucks, chip vans, pickup trucks, cars, or other vehicles primarily for transport personnel

FIRE PLAN FOR MASTICATION CONTRACT

This plan outlines the Contractor’s responsibilities for fire prevention and suppression activities within the Contractor’s project area. For the purposes of this provision, the project area is defined as the area within one half mile (0.5 miles) of the project boundary.

R2-CT7.2 – Fire Precautions (9/93)

SMOKING AND LUNCH FIRE RESTRICTIONS

Smoking is prohibited except inside a building, developed recreation site, vehicle, or while seated in an area of at least three feet in diameter that is barren or cleared of all flammable materials. 36 CFR 261.52(d), 42 CFR 9212(a).

The building of camp, lunch, warming and other fires within the project area and vicinity is prohibited, except at established camps or at other safe places where all flammable material has been cleared away sufficiently to prevent the start and spread of wildfires.

The Forest Service may, upon written request, designate specific places where campfires may be built for purposes of heating lunches.

SPARK ARRESTERS AND MUFFLERS

Operating or using any internal combustion engine, on any timber, brush, or grass covered land, including trails and roads traversing such land, without a spark arrester, is prohibited. The spark arrester must be maintained in effective working order, meeting either (1) Department of Agriculture, Forest Service standard 5100, Spark Arresters for Internal Combustion Engines (current edition); or (2) the Society of Automotive Engineers (SAE) recommended Practices J335, Multiposition Small Engine Exhaust System Fire Ignition Suppression (current revision), and J350, 36 CFR 261.52(j), 43 CFR 9212.1(h).

Passenger vehicles, pickups, medium and large highway trucks (80,000 GVW) will be equipped with a factory designed muffler system which is specified for the make and model of the respective vehicle/truck or with a muffler system that is equivalent or that exceeds factory specifications.

Exhaust systems shall be properly installed and continually maintained in serviceable condition.

FIRE EXTINGUISHERS AND TOOLS ON EQUIPMENT

While in use, each piece of equipment with an internal combustion engine shall be provided with at least the following:

(a) One fire extinguisher, at least 5# ABC with an Underwriters Laboratory (UL) rating of 3A

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– 40BC, or greater.

(b) One shovel, sharp, size 0 or larger, round-pointed with an overall length of at least 48 inches.

(c) One axe, sharp, double bit 3-1/2 #, or one sharp Pulaski.

Extinguishers, shovels, axes, and pulaskis shall be mounted so they are readily available to the operator. All tools shall be maintained in a serviceable condition.

POWER SAWS

Each gasoline engine power saw shall be provided with one chemical-pressurized fire extinguisher of not less than 8-ounce capacity by weight, and one size 0 or larger, round- pointed shovel with an overall length of at least 48 inches. The extinguisher and shovel shall be maintained in good working order. The extinguisher shall be with the power saw operator and immediately available for use at all times. The extinguisher shall not be affixed to the saw.

The shovel shall be readily available to the operator of the saw at all times. Having the shovel with the gas can used to refuel the saw may be considered “readily available” if not more than 200 feet from the saw. During periods of critical fire danger, the Forest Service may prescribe other precautionary measures.

Any fueling or refueling of a power saw shall be done in an area which has first been cleared of material which will carry fire. The power saw shall be moved at least 10 feet from the place of fueling or refueling before starting.

BLASTING AND WELDING

The use of fuses in blasting shall not be permitted except near power lines where the danger of accidental detonation is present, and then only by special written permission of the Forest Service. Whenever the relative humidity falls below 50 percent, the Contractor shall place a watchman at each point where blasting is done who shall remain on duty for at least one hour after blasting is finished, and who shall be equipped with a shovel and a water-filled backpack can equipped with hand pump. During periods when the relative humidity falls below 20 percent, blasting shall be discontinued unless authorized, with special provisions, in writing by the Forest Service. Blasting shall not be permitted in any area not cleared to mineral soil without advance written approval of the Forest Service and with such special precautions as may be required.

Prima Cord shall not be used in clearing operations, and in other areas where timber has been felled and slash not burned.

Unless otherwise directed in writing by the Forest Service, all flammable material shall be cleared for 10 feet around any piece of equipment being welded. In addition, the

Contractor shall provide a fire extinguisher of a size and type designed to extinguish a fire in the flammable materials surrounding the spot being welded.

In order to determine the relative humidity, the operator shall either

(a) provide and maintain weather instruments that will measure relative humidity in the area where the blasting will occur; or

(b) provide communications to obtain weather data from the Forest Service.

Explosives shall be stored at all times in a locked box marked “Explosives”. Powder and blasting caps shall be stored in separate boxes.

STORAGE OF FLAMMABLES

Gasoline, oil, grease and other highly flammable material shall be stored either in a separate building, or at a site where all debris is cleared within a radius of 25 feet. Storage buildings or sites shall be a minimum distance of 50 feet from other structures. Storage buildings shall be adequately posted to warn of the flammables and to prohibit

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smoking in or around the building.

CAMP FIRE PROTECTION

The ground around all trailers, buildings, and other facilities constructed or placed on or near the project area shall be kept free of flammable material for a distance of at least 20 feet from the wall of such structure. Burning of such flammable material shall be as prescribed by the Forest Service in writing.

Stovepipes of all wood burning stoves shall be equipped with suitable roof jacks and serviceable spark arresters.

Stovepipes shall be no closer than 2 feet from any wood or other flammables unless adequately protected by metal or asbestos shield.

FIRE PRECAUTIONS AND CONTROL

BT7.1 PLANS

Prior to initiating the Contractor’s operations during the Fire Precautionary Period – or when fire restrictions are in place, the Contractor shall file with the Forest Service a Fire Prevention and Control Plan providing for the prevention and control of fires on the project area. The Plan shall include a detailed list of personnel and equipment at the Contractor’s disposal for implementing the Plan. This requirement may be met by preparing a single Plan for more than one project.

BT7.2 FIRE PRECAUTIONS

Specific Fire Precautionary measures listed in CT7.2 shall be applicable during the Contractor’s operations in the Fire Precautionary Period. The Contracting Officer may change the dates of the Fire Precautionary Period by advance written notice, if justified by unusual weather or other conditions. Required tools and equipment shall be kept in serviceable condition and immediately available for firefighting at all times during the Contractor’s operations in the Fire Precautionary Period.

BT7.21 SUBSTITUTE PRECAUTIONS

The Forest Service may authorize substitute measures or equipment, or waive specific requirements by written notice, if substitute measures or equipment will afford equal protection, or some of the required measures and equipment are unnecessary.

BT7.22 EMERGENCY PRECAUTIONS

The Forest Service may require the necessary shutting down of equipment on portions of the Contractor’s operations when emergency fire precautions are necessary. Under such conditions, after the Contractor ceases active operations, the Contractor shall release for hire by the Forest Service, if needed, shutdown equipment for fire standby on the project area and personnel for fire standby or fire patrol, when such personnel and equipment are not needed by the Contractor for other firefighting or protection from fire. Equipment shall be paid for at firefighting equipment rates common in the area or at prior agreed rates and, if Contractor requests, shall be operated only by personnel approved by the Contractor. Personnel so hired shall be subject to direction and control by the Forest Service and shall be paid by the Forest Service at firefighting rates common in the area or at prior agreed rates.

BT7.3 FIRE CONTROL

The Contractor shall, both independently and in cooperation with the Forest Service, take all reasonable and practicable action to prevent and suppress fires resulting from the Contractor’s operations and to suppress any forest fire on the project area. The Contractor’s independent initial fire suppression action on such fires shall be immediate and shall include the use of all necessary personnel and equipment at the Contractor’s disposal on the project area.

BT7.31 CONTRACTOR’S REINFORCEMENT OBLIGATIONS

Whenever an Operations Fire or Negligent Fire, whether on or off the project area, or any other forest fire on the

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project area, has not been suppressed by initial action and appreciable reinforcement strength is required, the Forest Service may require further actions by the Contractor until such fire is controlled and mopped up to a point of safety.

Such actions may include any or all of the following as necessary to fight such fire:

BT7.311 SUSPEND OPERATIONS

To suspend any or all of the Contractor’s operations.

BT7.312 PERSONNEL

To release for employment by the Forest Service any or all of the Contractor’s personnel engaged in the Contractor’s operations. Any organized crew so hired shall include the Contractor’s supervisor, if any. Personnel so employed shall be paid at the Forest Service standard emergency firefighting rates.

BT7.313 EQUIPMENT

The Contractor shall make available for rental to the Forest Service any or all equipment suitable for firefighting and currently engaged in the Contractor’s project area. The equipment shall be hired at firefighting equipment rates common in the area or at prior agreed rates.

Equipment shall be operated only by personnel approved by the Contractor, if so requested by the Contractor.

BT7.4 FIRE SUPPRESSION COSTS

The Contractor’s obligations for cost of fire suppression vary according to three classifications of fires as follows:

BT7.41 OPERATIONS FIRE

An Operations Fire is a fire caused by the Contractor’s operations other than a Negligent Fire.

The Forest Service, except as provided in BT7.3, shall, under 16 USC 572, perform fire suppression activities on Operations Fires. The Contractor agrees to reimburse the Forest Service for such cost for each Operations Fire, subject to a maximum of the dollar amount of $50,000. The cost of the Contractor’s actions, supplies, and equipment on any such fire provided pursuant to BT7.3, or otherwise at the request of the Forest Service, shall be credited toward such maximum. If the contractor’s actual cost exceeds the contractor’s obligation stated above, the Forest Service shall reimburse the Contractor for the excess.

BT7.42 NEGLIGENT FIRE

A Negligent Fire is a fire caused by negligence or fault of the Contractor’s operations, including, but not limited to, one caused by smoking by persons engaged in the Contractor’s operations during the course of their employment, or during rest or lunch periods; or if the contractor’s failure to comply with the requirements of BT7.2 and BT7.3 results in a fire starting or permits a fire to spread.

Damages and the cost of suppressing Negligent Fires shall be borne by the Contractor.

BT7.43 OTHER FIRES ON PROJECT AREA

The Forest Service shall pay the Contractor, at firefighting rates common in the area or at prior agreed rates, for equipment or personnel furnished by the Contractor pursuant to BT7.3, or otherwise at the request of the Forest Service, on any fire on the Project area other than an Operations Fire or a Negligent Fire.

BT7.5 STATE LAW

The Contractor shall not be relieved by the terms of this contract of any liability to the United States for fire suppression costs recoverable in an action based on State law, except for such costs resulting from Operations Fires.

Amounts due the Contractor for firefighting expenditures in accordance with BT7.41 shall not be withheld pending settlement of any such claim or action based on State law.

BT7.6 PERFORMANCE BY CONTRACTOR

Where the Contractor’s employees, agents, contractors, subcontractors, or their employees or agents perform the

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Contractor’s operations in connection with fire responsibilities, the Contractor’s obligations shall be the same as if performance was by the Contractor.

CONTRACT TIME PERIOD - 90 days

52.212-4 Contract Terms and Conditions - Commercial Items. (JAN 2017)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (NOV 2017)

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

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

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

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(4) (Reserved)

[ ] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

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[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(JUL 2013) (41 U.S.C. 2313).

[ ] (10) (Reserved)

[ ] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[ ] (ii) Alternate I (NOV 2011) of 52.219-3.

[ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (ii) Alternate I (JAN 2011) of 52.219-4. [ ]

(13) (Reserved)

[X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[ ] (ii) Alternate I (NOV 2011).

[ ] (iii) Alternate II (NOV 2011).

[ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[ ] (ii) Alternate I (OCT 1995) of 52.219-7.

[ ] (iii) Alternate II (MAR 2004) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C.

637(d)(2) and (3)).

[ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C.

637(d)(4)).

[ ] (ii) Alternate I (NOV 2016) of 52.219-9.

[ ] (iii) Alternate II (NOV 2016) of 52.219-9. [ ] (iv)

Alternate III (NOV 2016) of 52.219-9. [ ] (v)

Alternate IV (NOV 2016) of 52.219-9.

[X] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[X] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C.

637(d)(4)(F)(i)).

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

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2)).

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[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C.

637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (OCT 2016) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [ ]

[X] (28) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

[X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[ ] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627).

[ ] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ](36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[ ](37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[ ] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (OCT 2015) of 52.223-13.

[ ] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423

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and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

[ ] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[ ] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[ ](ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[ ] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[ ] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[ ] (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

[X] (46) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).

[ ] (47)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I (MAY 2014) of 52.225-3.

[ ] (iii) Alternate II (MAY 2014) of 52.225-3. [ ]

(iv) Alternate III (MAY 2014) of 52.225-3.

[ ] (48) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

[ ] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[ ] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[ ] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(NOV 2007) (42 U.S.C. 5150).

[ ] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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[ ] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(JUL 2013) (31 U.S.C. 3332).

[ ] (56) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[ ] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[ ] (58) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(12)).

[ ] (59)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[ ] (ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

[ ] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[X] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage - Fringe Benefits

Forestry Tech GS-4 $14.07/hour plus fringe benefits** Forestry Tech GS-9 $23.85/hour plus fringe benefits** Forestry Tech GS-11 $28.85/hour plus fringe benefits**

**Fringe Benefits: Life, Accident and Health Insurance and Sick Leave Programs -5.1 percent of basic hourly rate. Paid Holidays – 10 per year: New Year’s Day, Martin Luther King Juniors Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day.

Vacation – 13 days paid vacation per year up to 3 years of service, 20 days after 3 years of service, and 26 days after 15 years of service. Retirement – 7 percent basic hourly rate.

[X] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[ ] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[ ] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

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Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[ ] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[ ] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

[ ] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[ ] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C.

5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

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

(iii) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O.

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13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C.

chapter 67).

(xii) [ ] (A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-53, Exemption

(xv) from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

(xviii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

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