Sol_129AB518R0027.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

91S8

VALLEJO CA 94592-1110

1323 CLUB DR

PACIFIC SOUTHWEST REGION

USDA FOREST SERVICE

96J1 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR91S8

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/06/2018 1300 PT

06/15/2018

(707)562-9022DINDO LAXAMANA

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

129AB518R0027

5. SOLICITATION NUMBER

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

1 28 907206OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

DESCANSO CA 91916

24321 VIEJAS GRADE RD

DESCANSO RANGER DISTRICT

CLEVELAND NF

USDA FOREST SERVICE

15. DELIVER TO

VALLEJO CA 94592-1110

1323 CLUB DR

PACIFIC SOUTHWEST REGION

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$7.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

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)

USDA FOREST SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Edible Fig Removal, biomass hauling, survey Delivery: 09/15/2018

001 Edible Fig Removal, biomass hauling, survey 1 EA

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

DINDO L. LAXAMANA

. 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

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

06/15/2018

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

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

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

28 2 of

Solicitation #: 129AB5-18-R-0027 Edible Fig Removal Trabuco & Holy Jim Canyon Page 3 of 28

Part I The Schedule

B - Supplies or Services/Prices

Edible Fig Removal, Trabuco and Holy Jim Canyons Trabuco Ranger District

Cleveland National Forest Item No. DESCRIPTION UNIT QTY UNIT PRICE TOTAL

Crew Day (5 person crew + supervisor, equipment and transportation) Day 13 $ $

Biomass hauling days with minimum 18 cubic yard capacity Day 10 $ $

3 Chipper days Day 5 $ $ 4 Edible Fig Survey Ea 1 $ $

BASE BID TOTAL

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C - Description/Specifications

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

Description of work: The purpose of this project is to procure services to remove Ficus carica from Trabuco and Holy Jim Canyons on the Trabuco Ranger District of the Cleveland National Forest. Work under this contract will treat approximately 10 acres of a larger edible fig infestation while testing various methods of herbicide treatment and biomass removal. The goal is to determine the most efficient and effective workflow for removing edible fig in this setting.

The contractor will provide a crew of five individuals and one supervisor to conduct eradication activities. The crew will be “on-call” to work the amount of days ordered under the contract over two seasons (Sept. 15th – Oct. 31st 2018 and 2019). The Cleveland National Forest will be ordering a fixed quantity of “days” of labor. The days of labor will be for a five person crew plus one supervisor for eight hour work days with transportation, tools and chemicals provided by the contractor.

Removal efforts will involve a mix of methods. Some areas will utilize a cut-stump treatment; cutting individuals to near ground level and applying herbicide to the stumps. Follow up treatments will involve foliar applications to resprouts in the second year. Other areas will receive a basal bark application, with a retreatment in the second year for individuals that remain alive in the second year.

Cutting will involve the use of chainsaws and handtools. Herbicide applications will be conducted using backpack sprayers.

Removal of biomass will also utilize a mix of methods to determine which method provides the most efficient workflow, while also minimizing visual impacts and riparian area recovery. Some cut material will be hauled to an appropriate green waste facility. Some of the material will be green material from the cut stump treatments and some will be cuts of dead material from basal bark applications in the second year. A chipper will be used on some material to determine if this improves efficiency. Some chips may be spread on site to determine rate of decomposition.

This contract will also order a detailed survey effort of the existing edible fig infestation prior to the beginning of removal.

All removal efforts will be recorded with a GPS and field notes. Herbicide use logs detailing daily chemical applications will be provided to the US Forest Service.

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The Cleveland National Forest will be ordering a fixed quantity of “days” of labor. The days of labor will be for a five person crew plus one supervisor for eight hour work days with transportation, tools and chemicals provided by the contractor. The days may be non-contiguous. The Forest Service will also be ordering days of biomass hauling. This includes dump truck, driver, and disposal fees at landfill accepting green waste.

C.2 Project Location & Description:

Location: The project is located on the Trabuco Ranger District of the Cleveland National Forest, in Trabuco Canyon and Holy Jim Canyons in Orange County California.

Description: Trabuco Canyon is a narrow and steep walled canyon north of Rancho Santa Margarita, CA. Holy Jim Canyon is a tributary to Trabuco Canyon. There is road access along the length of the canyon to two trailheads. The edible fig infestation covers about 95 acres along the riparian zone of Trabuco and Holy Jim Creeks.

Accessibility: Most work areas are easily accessed by the road system. A substantial part of the edible fig infestation in Holy Jim Canyon is above the end of the road and is along a walking trail. These areas will be surveyed as part of this contract, but the areas that are not road accessible in Holy Jim Canyon will not be treated as part of this contract.

C.3 Maps

A map showing the general vicinity and specific work area is included in Section J.

C.4 Estimated Start Date & Contract Time

Projected Start Date: September 15th, 2018 Projected Completion Date: Oct. 31st, 2019.

Work will occur between September 15th – and Oct 31st in 2018 and 2019.

See also Section F

C.5 Restrictions on Work

Work may be performed at any time during the period of the contract, except as outlined here. Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14). Restrictions are as follows:

1. In accordance with the fire plan, if included in Section J.

2. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

3. In accordance with all stipulations prescribed in C.8-2.

C.6 Licenses and Insurance

The contractor shall obtain the insurance and licenses listed here; (see also Section L, Notices to Offerors and Respondents).

MSPA Card (Form WH510): This contract [ ] does [] does not require the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy.

Other: California Pesticide Use Applicator License with appropriate category.

C.7 Camping and Housing

Camping is not permitted in US Forest Service campgrounds. Contractor [ ] will [] will not be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit. (See also Section H, Camping Permit Compliance)

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C.8 Technical Requirements

C.8-1 Definitions

C.8-2 Specifications C.8-2.1. General Requirements The Contractor shall furnish the necessary personnel, supplies, materials, equipment, transportation, services and facilities to perform these specifications.

Contract will be for a set number of crew days. Bids will be for cost of providing a crew (5 people plus one supervisor plus transportation and tools and chemicals) for one day (8 hours per day plus travel time) with the capabilities described in the specifications. Days will not be contiguous. It is estimated that approximately 15 days of work will be ordered under this contract. The contractor must guarantee that no more than three weeks notice is required to reserve a crew for specific days of work under this contract.

Contract will order set number of biomass hauling days. Bids will be for the cost of vehicle (dump truck), driver, transport of biomass and disposal of biomass (including applicable fees) at a landfill that accepts green waste.

Disposal of biomass will follow all applicable local regulations. It is estimated that five days with biomass hauling will be ordered under this contract.

Contract will order a set number of days for use of a chipper. Bids will be for the cost of using commercial chipper at field site during one crew day and will include transport of chipper and labor/fuel use for operating the chipper. It is estimated that three days of chipper use will be ordered under this contract.

Contract will order one pretreatment mapping survey of current edible fig infestation.

Any prospective contractor bidding on this contract must provide a list of experience working in wildland weed removal with references for each job listed as qualifying experience. Award will be based on best value, considering cost AND work experience doing similar weed removal work in remote, backcountry locations.

C.8-2.2. Crew requirements

Crew will include six people (including one supervisor). This will include all transportation and tools.

One crew day will be for 8 hours of work plus travel time.

Crews will be equipped with chainsaws and capable of safely felling fairly large trees (up to approximately 20 feet in height).

Crew supervisor must possess valid California Certified Pesticide Applicators license or certificate.

C.8-2.3. Herbicide formulation and application requirements

The majority of acres treated will use a basal bark application method of a solution of triclopyr BEE (ex. Garlon 4) and a vegetable or methylated seed oil surfactant (ex. JBL oil plus) and a registered dye. No diesel or other petrochemical based surfactants may be used. Some areas will be treated using a cut-stump formulation of triclopyr BEE (ex. Garlon 4) and a vegetable or methylated seed oil surfactant (ex. JBL oil plus) and a registered dye.

Approximately one acre total will be treated with a cut stump application of an imazapyr (ex. Habitat) based herbicide and a vegetable or methylated seed oil surfactant (ex. JBL oil plus) and a registered dye. No diesel or other petrochemical based surfactants may be used. The formulation used must have final approval by the COR and will be tailored to cut stump or foliar application depending on the situation.

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Herbicides would be applied using backpack sprayers or brush. No spray activities would be allowed if wind velocity were to exceed five miles per hour. No herbicide treatments would be allowed when rain is occurring or likely to take place within 24 hours. Herbicide cannot be sprayed directly adjacent to surface waters without mitigations in place to prevent direct introduction of chemical to water.

Herbicides must be applied according to label directions including applying to cut surfaces within the recommended timeframe.

The contractor will supply all herbicide mixtures and spraying equipment as part of the cost of the crew. Because this infestation is very heavy in some places, it is likely that application rates may approach maximum label rates (6lbs a.e/acre for triclopyr; 1.5lbs a.e/acre for imazapyr) in some locations.

The contractor must report to the Forest Service the total amount of herbicide applied and chemical formulation and location applied detailed for each day.

C.8-2.4. Biomass hauling and chipping specifications

Truck needs to be capable of hauling no less than 18 cubic yards of material per trip. This could be a single 18 yard dump truck or combination of truck and trailer.

Biomass will be hauled by hand to chipper and/or dumptruck. Care will be taken to minimize soil disturbance by utilizing consistent trails where possible.

Disposal will follow all applicable local regulations.

Disposal of biomass may require multiple trips to green waste facility per day.

Cost will include all fuel, driver and disposal fees.

Wood chipper must be capable of accepting up to 20 inch diameter material.

C.8-2.5. Survey Requirements

Survey will conducted by qualified individual with ability to identify target plant species (Edible fig) and operate GPS and GIS software to fully map current extent of edible fig in Trabuco and Holy Jim Canyons.

The survey will occur along approximately 4 linear miles of riparian habitat that covers an estimated 95 acres.

The survey will take a mix of point and polygon data for all edible fig individuals and thickets in the canyons. It will be used to track changes in basal cover over time.

Survey will require hiking over rough terrain and rocks, bushwacking, and exposure to poison oak.

Data will be submitted in a GIS format. Shapefile or geodatabase.

C.8-2.6. Mitigation Measures

The Contractor shall adhere to the pertinent requirements addressed in the Fire Plan (see attachments).

For small quantities (5 gallons or less), fueling of gas-powered machinery would not occur within 25 feet of any body of water or stream channel to maintain water quality. All other fueling must occur at a minimum of 150 feet from any body of water or stream channel unless prior-approved by a Forest Service hydrologist or biologist. (BMP 2.11; Road-10)

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Herbicides would be applied using hand sprayers or backpack sprayers, potentially with daubing attachments, only or powered boom sprayers. No aerial application of herbicides would occur. All herbicide application would adhere to all applicable Federal laws and laws of the State of California and counties in which treatment occurs.

No foliar spray activities would be allowed if wind velocity is expected to exceed five miles per hour.

No herbicide treatments would be allowed when rain is occurring or likely to take place within 48 hours.

Herbicides would not be applied directly to surface waters. Treatments would be timed to minimize the potential for introduction of herbicide to surface waters. When a target species occurs adjacent to surface waters care will be taken to prevent herbicide drift to surface waters, including trimming and folding of plants away from waters.

Work crews would be supervised to ensure that specific safety practices are followed. These practices include the use of appropriate protective clothing. Clean water and soap would be available for emergency washing.

The Herbicide Transportation, Handling, and Emergency Spill Response Plan and spill kit will be on-site when herbicide treatment methods occur. The Plan will include reporting procedures, project safety planning, methods of clean-up of accidental spills, and information including a spill kit contents and location as noted in Forest Service Manual (FSM) 2150, Pesticide-Use Management and Coordination and Handbook (FSH) 2109.14, Pesticide-Use Management and Coordination Handbook.

Equipment used for transportation, storage, or application of herbicides will be maintained in a leak-proof condition.

To reduce the potential for spills, impervious material, such as a bucket, will be placed beneath mixing areas in such a manner as to contain any spills associated with mixing/refilling.

Immediate control, containment, and cleanup of fluids and herbicides due to spills or equipment failure (broken hose, punctured tank, etc.) will be implemented. All contaminated materials will be disposed of promptly and properly to prevent contamination of the site. All hazardous spills will be reported immediately to the Forest Hazardous Spill Coordinator.

Herbicide usage will be limited to the minimum amount required to be effective.

Mixing and loading of herbicide(s) will take place a minimum of 150 feet from any body of water or stream channel unless prior approval is obtained from a Forest Service hydrologist or biologist.

Herbicides will be colored with a biodegradable dye to facilitate visual control of application.

Herbicide spray equipment will not be washed or rinsed within 150 feet of any body of water or stream channel. All herbicide containers and rinse water will be disposed of in a manner that would not cause contamination of waters.

The Contractor shall avoid all flagged locations of heritage resources and if any heritage resources are discovered during implementation, all project related work shall cease immediately and notification to Contracting Officer’s Representative (COR) initiated. The Contractor will also avoid all flagged areas where buffers are created around certain sensitive plant or animal species.

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G - Contract Administration Data

G.1 Contracting Officer's Representative (COR) for this contract: Lance Criley

Forest Service Cleveland National Forest 3348 Alpine Blvd Alpine, CA 91901 Telephone: 619-445-6235 x3457 Email: lcriley@fs.fed.us

G.2 Contracting Officer’s Representative (COR) – Liaison

The COR will be the liaison between the U.S. Forest Service herein referred to as “Service” and the Contractor, and, when necessary, will provide technical direction to the Contractor. The COR, however, is not authorized to change any of the terms and conditions of the contract, issue new assignments of work, make decisions concerning disputes arising under the contract, or resolve differing site condition matters. Neither the presence nor absence of the government representative shall relieve the Contractor of its responsibilities under the contract.

G.3 Job Site Administration

The Government will designate a Site Representative (SR) who will be available at the site to inspect the work as it progresses. The SR will prepare an Inspector’s Daily Log, beginning with the first day of the contract, detailing ground and weather conditions, work being performed, materials delivered, and notes of any problems or difficulties.

Government inspections do not relieve the Contractor of responsibility for providing adequate quality control measures.

At the end of every day of work on this contract, The Contractor’s Superintendent, as defined below, shall contact the SR, review the daily log, and sign as the Contractor’s representative. Unless the Contractor’s Superintendent makes notation of the contrary on the daily log, the log shall be presumed to be accurate. The SR is not authorized to make technical decisions or give technical directions; the Contractor or the Contractor’s Superintendent must contact the COR regarding such decision and direction. The Contractor shall have a competent superintendent (hereinafter referred to as the “Contractor’s Superintendent” who is (i) deemed acceptable to the Government; (ii) authorized to act on the Contractor’s behalf; and (iii) be present on the job site at all times when contract work is being performed.

G.4 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET PROCESSING PLATFORM (IPP)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform (IPP) System. “Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via e-mail ippgroup@bos.frb.org or phone

(866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Clause)

H - Special Contract Requirements mailto:lcriley@fs.fed.us https://www.ipp.gov/

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WORK HOURS

Working hours for the Contractor will be from 7:30 a.m. thru 4:30 p.m., Monday thru Friday, excluding Saturdays and Sundays.

Advance coordination with the CO is required prior to working at any other time.

Archaeological Sites

Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)--will be identified for the contractor before work commences.

Worker Safety

a. The Contractor shall have the ultimate responsibility for safety on the project site at all times until final completion and acceptance of the project. b. The Contractor shall comply with all Occupational Safety and Health Administration (OSHA) regulations, as found in 29 CFR 1910 and 1926, which are applicable to the construction project, including requirements set forth within solicitation provisions and contract clauses. In addition to OSHA safety standards, the Contractor shall also adhere to all current local, federal, and state safety requirements. In the event where any safety standard referenced herein conflicts with another, the more stringent shall govern.

c. The Contractor shall initiate and maintain an effective safety program that provides adequate systematic policies, procedures, and practices to protect their employees from and allow them to recognize, job-related safety and health hazards. The program shall include provisions for the systematic identification, evaluation, prevention and control of general work site hazards, specific job hazards, and potential hazards that may arise from foreseeable construction methods and conditions, as well as providing a competent person to conduct frequent and regular inspections. Each employee must be instructed in the recognition and avoidance of unsafe conditions and the regulations applicable to the work environment.

d. The Contractor shall immediately notify the CO of any accident, incident, or exposure resulting in a fatality, lost-time injury, or property loss/damage of $2,500 or more arising out of work performed under this contract. The Contractor shall investigate all work-related accidents/incidents to the extent necessary to determine their cause(s) and furnish the CO an investigative report outlining findings and proposed or completed corrective actions. The contractor shall, when required by the CO, have a separate and complete independent investigation of the accident/incident, and submit a comprehensive report of findings and recommendations to the CO.

The CO shall consult with the COR, CR and Service safety personnel in reviewing the investigation report and corrective actions.

If the contractor fails or refuses to institute prompt corrective action, the CO may invoke the suspension-of-work clause in this contract or any other remedy available to the government. Any delay or cost resulting from a safety-related suspension of work will be borne by the Contractor.

e. In the event of an accident/incident, the Contractor shall be responsible for providing and obtaining appropriate medical and emergency assistance. Except for rescue and emergency measures, the scene of the accident/incident shall not be disturbed or the operation resumed until the on-site aspect of the investigation has been completed. f. Service safety personnel and representatives from Federal, State, and local government agencies shall have the right to examine and conduct an investigation at sites or areas where work under this contract is being performed. The absence of such investigations shall not relieve the contractor of their safety program responsibilities.

ENVIRONMENTAL

The contractor is responsible for establishing and maintaining compliance with all applicable laws, regulations, rules, and standards, including without limitation, those regulations, rules, and standards, promulgated for the administration and enforcement of the following laws: the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as amended by Superfund Amendments and Reauthorization Act (SARA); Emergency Planning and Community Right-to-Know Act (EPCRA); Clean Air Act (CAA); Clean Water Act (CWA); Toxic Substances Control Act (TSCA); and Solid Waste Disposal Act (SWDA), as amended by Resource Conservation and Recovery Act (RCRA).

PROGRESS MEETINGS

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The Contractor shall be available to meet with the CO or his/her representative at the job site during construction to discuss work progress. b. Meetings will be scheduled by the CO with timely notification to the Contractor. c. At the progress meetings, the Contractor shall give oral reports of the progress on the project to the CO. If the work is behind schedule, the Contractor shall be prepared to (i) discuss the work and any causes of work delay(s); (ii) present a plan to bring the work back into conformance with the schedule; or, if necessary (iii) to propose a revised work schedule.

Pollution Control The Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCP) Plan when total oil and oil products storage exceeds 1320 gallons in containers of 55 gallon or greater. The SPCP shall meet applicable EPA and State requirements and be certified by a registered professional engineer. The Contractor shall immediately take action to contain and cleanup, without expense to the Government, all petroleum products spills caused directly or indirectly by the Contractor or Contractor’s employees. The Contractor shall be liable for all damages and costs deemed necessary by the Government for the spill containment and cleanup.

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The Contractor shall notify the Contracting Officer of any hazardous substances used on the project area and shall have Material Safety Data Sheets available for those materials. All such materials shall be labeled in accordance with Federal and State regulations. The Contractor shall maintain a Hazardous Substance Plan. The plan shall include, but is not limited to, hazardous substances to be used in the project area and the identification of the Contractor Representative responsible for supervising initial containment action for releases and subsequent cleanup.

The Contractor shall notify appropriate agencies, including the Contracting Officer of all spills, leaks or other releases of hazardous materials including petroleum products on or in the vicinity of National Forest land caused directly or indirectly by the Contractor or Contractor’s employees.

The Contractor shall maintain all equipment operating on the project area in good repair and free of leakage of lubricants, fuel, coolant and hydraulic fluid. The Contractor shall properly transport and dispose of all contaminated soil, vegetation, debris, oil filters, oily rags and waste oil in accordance with local, State and Federal regulations. Disposal of any such contaminated material on the National Forest is prohibited. The Contractor shall take effective measures to prevent all leaking or spilled petroleum based products from stationary equipment and equipment being serviced.

Post Award Conference

Prior to commencement of work, the Contractor shall meet with the Contracting Officer to discuss contract terms, work performance requirements and work progress schedules. Also at this meeting such things as sanitation, camping equirements, fire prevention and suppression plans will be developed. The Quality Control Plan will be provided to the CO prior to this meeting. The meeting will be held at a time and place determined by the Contracting Officer.

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Camping

Under the terms of this Contract, camping is not permitted in Forest Service Campgrounds. The Contractor [ () may (x) shall not ] be permitted to camp elsewhere on the National Forest. Camping on the National Forest is not a right; and shall be subject to approval by the Contracting Officer.

Wildlife

Wildlife encountered during the course of project implementation should be given the opportunity to evacuate the site.

This includes venomous species such as rattlesnakes. Personnel will be reminded that harassment or removal of wildlife from the site is not permitted.

Impacts to migratory birds will be minimized by avoiding nesting birds. If a nest is encountered during project implementation the nest will be avoided with a 300 foot buffer around the nest. The Contractor will notify the Contracting Officer

Fire Plan and Project Activity Levels

The Contractor operations under the terms and conditions of this contract/task order shall comply with the Fire Plan (Section J). The Fire Plan shall be accepted by the Contractor and is subject to approval by the Contracting Officer prior to commencing any operations. The Fire Plan shall be reviewed not less than annually by the Contractor and the Contracting Officer.

EMERGENCIES

Fire Plan

[X] See Section J, Fire Plan [ ] Not applicable; however, Contractors are required to comply with State law during fire season.

EQUIPMENT CLEANING

All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris.

Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.

If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

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Part II Contract Clauses

I – Contract Clauses

52.212-1 Instructions to Offerors - Commercial Items. (JAN 2017)

52.212-3 Offeror Representations and Certifications-Commercial Items. (Nov 2017)

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

Addenda to 52.212-4

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

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

https://www.acquisition.gov/ www.usda.gov/procurement/policy/agar.html

(End of clause)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984)

52.237-3 Continuity of Services. (JAN 1991)

452.211-72 Statement of Work/Specifications. (FEB 1988)

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

(End of Clause)

452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

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

(End of Clause)

452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at: [TBD].

(End of Clause) https://www.acquisition.gov/ http://www.usda.gov/procurement/policy/agar.html

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452.228-71 Insurance Coverage. (NOV 1996)

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

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

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

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

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

(End of Clause)

452.236-73 Archaeological or Historic Sites. (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

(End of clause)

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: [Project Site].

(End of clause)

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52.222-99 2.222-99 Establishing a Minimum Wage for Contractors (DEVIATION)

This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, Implementation of the President's Executive Order Establishing a Minimum Wage for Contractors, dated June 12, 2014.

(a) Each service employee, laborer, or mechanic employed in the United States (the 50 states and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour.

(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor's annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.

(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.

(d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).

(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.

FSAR 4G52.222-701 EMPLOYMENT OF ELIGIBLE WORKERS (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for 3 years, or 1 year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

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For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.

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

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

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

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

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

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

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

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

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

(5) (Reserved)

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

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

[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).

[ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).

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[ ] (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.

[ ] (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.

[ ] (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).

[ ] (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).

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

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

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

[X] (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) (Removed)

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

[ ] (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

[ ] (37)(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.)

[ ](38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(JUN 2016) (E.O. 13693).

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[ ](39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[ ] (40)(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.

[ ] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

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

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

[ ] (43)(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.

[ ] (44) 52.223-18, Encouraging Contractor…