129JGP20Q0043 Moonlight Burn Prep.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

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21.

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8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

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HUBZONE SMALL

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991448 25

129JGP20Q0043

Robert Briney (530) 478-6120

9JGP 100

See specifications. See block 9

INVOICE PROCESSING PLATE'ORM IPP ALL INVOICES

MUST BE SUBMITTED ELECTRONICALLY THROUGH THE

INVOICE PROCESSING PLATFORM IPP VIA WWW IPP

GOV

PROJECT NAME: Moonlight Burn Prep

See Schedule of Items Section B.

Please provide the following information:

DUNS Number:

Email:

Phone Number:

115310

$8.0 Million

03/17/2020

04/01/2020

3:00 PM PST

USDA Forest Service 631 Coyote St Nevada City, CA 95959

(530) 478-6120

IPP

STANDARD FORM 1449 (REV. 2/2012) BACK

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ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

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

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37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

See schedule of items.

Responses are due by 3 April 2020 at 3:00 pm PST Electronic quotes email to: robert.briney@usda.gov or Mailed to the address in Block 9 of the solicitation and mark the envelope with the solicitation number.

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Plumas National Forest Mt Hough Ranger District

SCHEDULE OF ITEMS

SECTION B

SUPPLIES OR SERVICES & PRICE/COST

PROJEMoonlight PAC Burn Prep Contract UNIT Mt Hough Ranger District

SOL # 129JGP20Q0043

ITEM

NO. DESCRIPTION UNIT QTY

UNIT

ISSUE UNIT PRICE TOTAL PRICE

Base Items 1 Unit 1 - Raking 220 Acres 2 Unit 2 - Raking 275 Acres 3 Unit 3 - Raking 379 Acres 4 Unit 4 - Raking 25 Acres 5 Unit 5 - Raking 137 Acres 6 Unit 1 - fireline construction - handline 2252 Feet 7 Unit 1 - fireline construction - road 766 Feet 8 Unit 3 - fireline construction - handline 14048 Feet 9 Unit 5 - fireline construction - handline 699 Feet

10 Unit 5 - fireline construction - road 5819 Feet

Optional Items 13 Unit C - fireline construction - handline 7536 Feet 14 Unit C - fireline construction - road 4033 Feet 15 Unit D - fireline construction - handline 4707 Feet 16 Unit D - fireline construction - road 952 Feet 17 Unit E - fireline construction - handline 4470 Feet 18 Unit E - fireline construction - road 6668 Feet 19 Unit F - fireline construction - handline 8123 Feet 20 Unit F - fireline construction - road 8298 Feet 21 Unit G - fireline construction - handline 10729 Feet 22 Unit H - fireline construction - handline 7747 Feet 23 Unit H - fireline construction - road 1848 Feet

2. Responses without prices for each item and sub-item may be rejected.

PRICE SUBMITTED BY

Signature Phone:

Vendor Fax:

Address Email:

POC:

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C.1 SCOPE OF CONTRACT

Description of Work: The intent of this contract is to secure services for construction of holding lines and raking large diameter trees in preparation for underburn fuels treatment. This work will meet specifications set forth below in section C8.2. See Section E – Inspection and Acceptance for details on acceptable work. This project (see Maps, section J) includes 1036 acres of raking around large diameter trees in 5 bid items and 16,999 feet (3.2 miles) of hand line construction in 3 bid items and 6,585 feet (1.3 miles) of improving holding line on roads within 2 bid items. These items are mandatory bid items (Section B). In addition, there are 13 optional bid items totaling 80,121 feet (15.2 miles) of handline construction and improving holding line on roads.

Contractor Responsibility: The Contractor shall provide everything--including, but not limited to; all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

C.2 Project Location & Description

Location: The project area occurs entirely within Plumas National Forest, Mount Hough Ranger District (Figures 1- 5). Moonlight PAC units occur in legal description: Township 27 North, Range 10 East, sections 33 and 34; T 27N R 11E sec. 33-36; T 27N R 12E, sec. 31; T 26N R 12E, sec. 7, 8, 17, and 18; T 26N R 11E, sec. 1-4, 11, 14, 15, 22, 23, 29, and 30; T 26N R10E, sec. 34; T 25N R 10E, sec. 2, 3, 10, and 15.

Description: This is a contract designed to prepare treatment units for underburn treatment through construction of holding lines and improving roads to be used as control lines. All treatment units will be virtual boundaries often marked with yellow or pink/black striped flagging typically following features such as roads and ridgelines. Where necessary, yellow flagging will mark hand line locations. Within Raking units, burn preparation involves removing material within 4 feet radius of trees greater than 30” DBH to prevent long residence time during burning operations which may otherwise kill large diameter trees.

Exclusions: There are small control areas in and/or adjacent to the units with specific treatment mitigations (see SPECIAL PROVISIONS, pages 8-10). These areas are flagged on the ground with the following colors: Control area = red and black striped flagging = avoid digging line past the duff layer, scrape but don’t dig into mineral soil (these units are typically to protect a feature, do not harm or impact feature with line construction, please consult COR before working if unknown); Botany - sensitive plants = blue and black striped = limited treatment (COR or Inspector will consult with botanist to determine line locations to avoid impacting plants); Botany - noxious weeds = orange printed with “NOXIOUS WEEDS” = (mitigation requirements) keep vehicles and personnel out of infested areas to avoid spreading seeds or portions of plants. See Figures 3-5 for locations where applicable.

Accessibility: Well maintained road systems provide basic access to treatment units. Walk in will be needed to access all areas of large units. Snow or wet road conditions may limit access to the project areas seasonally.

C.3 Maps Maps showing the general vicinity and/or specific work areas are attached to this contract. Maps are general in nature and are not to be considered as definitively identifying locations. The size, shape, and location of the contract units were mapped utilizing Global Positioning Satellite (GPS) technology. All maps will be made available in pdf format to be used with geo-referenced smart phone applications. (Figures 1-6)

C.4 Estimated Start Date & Contract Time Start: Estimated start time will be April 15, 2020, or as soon as contract is signed by all interested parties. Contract shall be completed by October 31, 2021.

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.

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. Forest Service system road conditions should be evaluated prior to implementation; avoid accessing treatment

P a g e | 5 units when excessive rutting may occur. Follow-up road maintenance may be necessary if road surfaces are negatively impacted by project related vehicle access

3. Limited Operating Periods (LOP) will be in effect as shown on maps (Figure 6) until it is determined whether birds are nesting. The LOP for California Spotted owl is March 1 – August 15, and LOP for Northern Goshawk is February 15 – September 15. If California Spotted owls or Northern Goshawks are found to not be nesting within or adjacent to treatment units, the limited operating period will be lifted.

4. If District biologist, botanist, archeologist, recreation specialist or fuels specialist determines work must be suspended.

C.6 Licenses and Insurance The contractor shall obtain the insurance and licenses listed here; (see also Section L, Notices to Offerors and Respondents). Failure to provide the information will not change the date for starting work, and contract time may begin before the contractor is actually permitted to work. Once contract time begins, the contractor shall provide the documentation within 10 calendar days or 20 percent of the contract time (whichever is less) or the task order may be terminated for default in accordance with the clause governing default (termination for cause).

MSPA Card (Form WH510): This contract [ X ] does 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. If using MSPA H2B Labor see section I, Employment of eligible workers.

C.7 Camping and Housing Camping is not permitted in US Forest Service campgrounds. Contractor [ X ] 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)

Worker’s Compensation Insurance: The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry the insurance.

C.8 Technical Requirements

C.8-1 Definitions Bole – The stem of a tree.

Brush - A woody, perennial plant such as manzanita, deerbrush, whitethorn, etc.

Conifer - A live evergreen tree with needle shaped or scale-like leaves.

Control area- A point or area identified within the treatment unit typically with red & black, blue & black, or orange noxious weed flagging. Special restrictions apply.

Damaged Tree – Any injury caused by the contractor’s performance of work that exposes the cambium of a leave tree (i.e. scarred bole, cut limbs in the upper 50% of the tree, cut top).

D.B.H. - Diameter at Breast Height, the diameter of a tree as measured at a point 4 1/2 feet above ground on the uphill side of a tree.

Hand Piles – Hand built piles of slash, brush, and woody debris with a piece of plastic or waxed paper placed within the upper fifth.

Leave Trees – Established conifers and oaks expected to remain part of the forest. A leave tree is determined by both spacing and vigor of existing conifers.

Limited Operating Period (LOP) – Restricted operating dates due to wildlife (i.e. Goshawk) or recreation requirements. Northern Goshawk LOP = February 15 – September 15. California Spotted owl LOP = March 1 – August 15.

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Leave Tree Spacing - The distance, in feet, between trees that are left on site after hand thinning is complete.

Slash - The woody residue, branch material, and brush resulting from hand thinning as well as existing down dead wood less than 8 inches in diameter at its largest point.

C.8-2 Specifications

All Raking for Large Tree Protection Units

1. Large tree protection will include removing dead and down fuel around all trees over 30” DBH for a specific radius around the tree.

2. All limbs and logs ≥3” diameter within 4’ of tree bole will be removed.

3. When existing piles are within 25 feet, limbs and logs shall be placed into existing piles. Otherwise material will be scattered away from the large tree.

4. Raking or scraping fuel away down to mineral soil will be completed within 12” of large tree, or equal to the depth of the duff and fine litter if over 12” deep, whichever is greater. That is, if the duff layer is 3” deep on the uphill side of the tree, the raking/scaping will be completed for a radius of 12” from from the tree bole, the minimum. Conversely, if the duff layer is 24” deep on the uphill side of the tree, the raking/scaping will be completed for a radius of 24” from from the tree bole.

All Hand line Construction:

1. Hand line will consist of a 10 foot wide cut of all vegetation less than 10 inches DBH following the intended linear feature (typically a ridgeline), and a 3 foot wide scrape to mineral soil.

2. Do not cut blaze trees, damage or disturb any property boundary markers, including but not limited to:

USFS corner, survey and boundary markers or private property signs. Any tree with a sign of any kind is exempt from cutting.

3. Do not cut trees marked for harvest or marking unit boundaries for timber extraction project or other projects.

4. Avoid cutting oaks or other deciduous trees where possible.

5. Cut all snags up to 13.9 inches DBH within treatment units that could threaten holding line once fire is on the ground.

6. Leave all snags greater than 14 inch DBH, regardless of species or proximity to the line.

Road clearing for control lines: The Contractor shall adhere to the following specifications for removing live and dead flammable material from road side and clearing road of burnable material in order to use road as a control line.

1. Limb all trees within 15 feet of road edge to 6 feet in height.

2. Remove dead and down material between 3-8 inches in diameter and over 6 feet long within 15 feet of road edge.

3. Cut all snags up to 13.9 inches DBH that could threaten holding line once fire is on the ground.

4. Leave all snags greater than 14 inch DBH, regardless of species or proximity to the line.

5. Trees less than one foot in height need not be cut.

6. Leave all alders, willow, dogwood, elderberry, and other riparian vegetation within and adjacent to stream channels (wet or dry). Conifers, manzanita, and whitethorn will be removed from these areas as specified. Coordinate with the COR or Inspectors if questions arise.

7. Cut standing material including manzanita and whitethorn brush shall be cut in a manner that leaves stumps and brush staubs no taller than 3 inches.

SPECIAL PROVISIONS:

Control Sites

All known and located control sites have been recorded, flagged, and are depicted on maps. Trees will need to be directionally fallen away from control sites.

Wildlife:

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Limited Operating Periods will be in place within most units during breeding season for California Spotted owls and/or Northern Goshawks (see unit specific map). Historic nesting sites are known and will be surveyed in spring to determine if birds are present and breeding. If birds are shown to not be present and breeding, District Biologist may lift LOP early. The LOP for California spotted owl is March 1 – August 15, and LOP for Northern Goshawk is February 15 – September 15.

Botanical (sensitive plants):

There are no known Threatened or Endangered plant species occurring within the project units.

Forest Sensitive plants do occur within and adjacent to project units throughout the Moonlight PAC treatment project and are marked in blue and black striped flagging.

• Do not stage crews or materials in known locations of rare plants in order to prevent impacts to rare plants.

• Sites with known occurrences of plants will be surveyed and rare plants have been marked with pin flags and blue/black striped flagging. In other cases COR or designated representative will help to determine hand line locations within or adjacent to rare plant polygons. No raking shall occur within botanical control sites designated in Unit 4.

Botanical (noxious weeds):

Noxious weed control areas are known within and adjacent to project units. If additional sites are identified before contract implementation begins or during implementation, contractor will be made aware of sites and mitigations will be required.

Do not stage crews or materials in known locations of invasive species in order to prevent spreading weeds.

• If any vehicles or equipment enters invasive plant infestation areas, they will be cleaned prior to leaving the infested area in order to minimize the possibility of spreading the noxious plants.

Additional Control Areas and Lines:

Resources have been identified and flagged for avoidance in red and black striped flagging. USFS representatives will inform contractor if further control areas are established. Maps typically show large polygons around complex of features. Features are flagged on the ground for avoidance and if any doubt or questions arise contact COR.

If cultural resources are discovered during project implementation, immediately alert COR or contact District Archeaologist Cristina Weinberg at Mount Hough Ranger District office. A site visit will be scheduled in a timely fashion.

Archeological control areas will be marked with red/black striped flagging. Most of these areas consist of can scatters, garbage dumps, flume ditches, old trails, historic structures, mining infrastructure, and road beds.

• Hand lines will be implemented in a manner that will protect the feature(s) without impacting the site.

Hand lines shall be 15 feet from features.

• Trees should be felled directionally away from sites in order to avoid disturbance or degredation.

• Any crossing of linear features such as ditches shall be done in a manner that does not disturb the site through the removal of vegetation.

Power/Phone Lines:

Phone lines and/or power lines may exist in or around treatment units. Avoid cutting any trees that may pose a risk to contacting or jeopardizing lines or poles. If absolutely necessary, consult experienced faller or COR.

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C.8-3 Contractor-Furnished Equipment The Contractor shall furnish, utilize, and efficiently maintain equipment meeting or exceeding the following specifications:

Chainsaws and fuel - Chainsaws capable of safely performing felling, bucking, and limbing of trees and slash as specified for cutting in this contract. Chainsaw fuel and oil shall be kept in acceptable storage and distribution containers.

Safety and fire equipment- Necessary safety and fire equipment to safely implement contract, with PPE that includes serviceable chaps (Also see attached “Fire Plan for Construction and Service Contracts”).

Vehicles - Necessary vehicles to safely implement project.

C.8-4 Public Safety Contractor is responsible for warning the public of dangerous operations occurring at the job site, especially along roads and trails. Methods used may include, but are not limited to posting warning signs and using lookouts to warn the public of tree falling activities.

C.8-5 Salvage Rights None.

C.8-6 Road Maintenance:

All gates that are opened to access units need to be closed after passing through. All cut vegetation shall be kept within unit boundaries. Any cut vegetation falling into ditches, road banks, landings, waterways, or adjacent units shall immediately be removed. No payment shall be made for items not meeting this specification.

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SECTION E--INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

E.1 Sampling The standard sampling procedure will entail an inspector or COR walking or driving some or all of the hand lines and/or improved roads to determine if specifications were met. If specification were not met, rework will occur by contractor to meet specifications in order to control underburn.

E.2 Specific Inspection Procedures Inspections of all tasks related to the completion of the holding line contract will be inspected daily by COR or designated inspectors. See specifications in Section C for details.

All portions of hand lines or improved road lines will be eligible for inspections. All portions of raking units will be eligible for inspections. Inspections for all aspects of the contract will be focusing on, but not limited to, those specific standards set forth above in section C8.2.

E.3 Acceptance Hand lines and improved road lines will be inspected within 7 days of completion and lines will be rated on a pass/fail basis. If lines do not comply with specifications, line will have failed inspection. If inspection fails, COR will issue a notice of non-compliance to the contractors representative which will state re-work is necessary to comply with specifications. Re-work can then be implemented, and one re-inspection can be performed. If work still does not comply with contract specifications a second time, contractor will be held in non-compliance and a stop work order will be issued. Any further re-work and/or inspections will be at the contractor’s expense.

E.4 Government Inspections Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control. Contractors and CORs are encouraged to inspect regularly in order to correct mistakes early in contract administration.

The Contracting Officer's Representative or designated inspector will conduct all inspections. Summary results will be immediately shared with the Contractor Foreman or Crew Boss in the field as work progresses.

Final Inspections. Final inspections for payment will be made on completed lines on a per unit basis, ie. When all lines for a specific treatment unit are complete and pass inspection, partial payment for those lines can be invoiced.

Disputed Inspection. The Contractor may request re-inspection without rework if the results are unacceptable. Re-inspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Re-inspection will be accomplished within five working days after receipt of the contractor's written request.

Re-inspection after Rework. Where re-work after a failed inspection may improve the inspection results, the Contractor may rework the area and request (in writing) a second inspection. The Government will charge to the Contractor the cost of this additional inspection. Re-inspection will be accomplished within five working days after the notice is received. The results of the second inspection will be final, and no further rework will be permitted.

http://www.arnet.gov/far/

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SECTION F--DELIVERIES OR PERFORMANCE

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): www.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

AGAR 452.211-74 Period of Performance (FEB 1988)

Work Days The actual performance time needed to complete this contract will be listed in the solicitation and includes weekends (excluding Federal holidays, adverse weather, unworkable ground conditions, and subject to Section J Fire Plan restrictions). In order to ensure timely completion, the contractor shall begin work or make contact with COR within 5 days of award and be within the operational period for when work is generally completed, or show cause why the contract should not be terminated in accordance with the default clause –52.249-10.

Winter Shutdown When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time.

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SECTION G--CONTRACT ADMINISTRATION DATA

Pre-work Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held to discuss the contract--especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer.

Notice to Proceed.

No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed.

Measurement Methods of Measurement.

Linear units were measured on a horizontal plane using a Trimble Global Positioning System.

Re-measurement. Unless otherwise indicated by this contract, the contractor may request re-measurement of any quantities set forth in this contract. The request must be made in writing and must be made within 10 calendar days of completing work on the unit in question. If re-measurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of re-measurement and no adjustment will be made in the quantity. If re-measurement indicates a variance more than five percent from the stated quantity, payment will be based on the re-measured quantity, and the Contractor will not be liable for the costs of re-measurement. All re-measurements will be done by the Government. Re-measurement of lines will be accomplished with Trimble Global Positioning System differentially corrected for error. This clause is not applicable to quantities listed as estimated quantities.

Payment Payments and Deductions. Payment for project total will be issued after all lines in each unit pass inspection.

Payment will be made for fully acceptable work at the prices bid in the schedule of items. In the event of extended non-work periods because of adverse weather, the Contracting Officer may authorize progress payments for partially completed sub-items on a case-by-case basis.

Contract Release. The following supplements the Payments clause in Section I:

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

15).

INVOICES: INTERNET PAYMENT PLATFORM (IPP)

After February 28, 2014 all payment requests must be submitted electronically through the US Department of the Treasure’s Internet Payment Platform System (IPP). “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 clause 52.212- 4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP Invoice:

Each invoice shall be submitted on the Contractor’s letterhead or invoice form with the following:

1. Invoice date and Government Contract Number.

2. Billing period specified with beginning and ending dates. The beginning date must not be later than the completion date or within any previous billing dates.

3. An accounting (bulleted list, for example) of charges claimed and amounts due.

4. Total amount due for the billing period.

A Progress Report shall be submitted to support each invoice and shall include a summary of work performed during the period of performance identified on the invoice, which at a minimum must include:

1. Description of the previous month’s project activities and the planned activities for the next month https://www.ipp.gov/

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2. For each deliverable: identify the items supplied during the month and the cumulative items delivered.

3. Reconcile progress of each deliverable with the schedule identified for each

4. Identify issues and/or concerns that may affect the project or schedule

5. Any other information required in the Contract to be included in the Progress Report

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) within 3 – 5 business days of award or the system implementation date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email 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.

Designation of Contracting Officer’s Representative

The Contracting Officer designates the Contracting Officer's Representative(s) (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer.

Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

RETAINAGE

The following supplements Clause 52.232-1, Payments:

The Contracting Officer may retain up to 10 percent of the invoiced amount if the contractor is behind schedule at the time the invoice is presented. “Behind schedule” means that the percentage of work completed is less than the percentage of time used.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

Emergencies

AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)

A. Contractor's Responsibility for Fire Fighting

1. The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

2. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

B. Contractor's Responsibility for Notification in Case of Fire

The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

C. Contractor's Responsibility for Responding to Emergencies

When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site or emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes clause, FAR 52.234-5.

NOTE:* Fire Protection Requirements The Contractor shall comply with the Fire Protection and Suppression Requirements.

AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

1 Crew Supervisor to be present during work activities.

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

(c) The Contractor shall provide a detailed explanation of the circumstances necessitationg the proposed substitutions, complete resumes for the proposed substitutions, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualififcations to thos of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

Emergencies Fire Plan

[X] See Section J, Fire Plan Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, section J defines the limits of a contractor's area of responsibility for fire under the terms of the Fire Plan.

Superintendence by Contractor The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's

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Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.

Camping Permit Compliance Contractor shall comply with all terms and conditions of any camping permit issued to allow use of premises. Any non-compliance will result in suspension of work until compliance is achieved.

Archaeological and Historic Sites Location of known archaeological, historic, or pre-historic materials--such as pre-historic 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. Any site(s) discovered by contractor’s employees will be reported to COR or inspector immediately and work in the immediate area will stop until a USFS Archeologist can perform a site inspection. During this time work may continue in any area within the units that are not a designated control area. No raking or line construction shall occur in archeology control areas. After the site inspection and marking of any new control units the area may be re-entered to complete work.

Spill Plan If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum product spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations.

The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean-up of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum product spills to the Contracting Officer.

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 ATVs and UTVs, 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.

Safety When Contractor's operations are in progress adjacent to or on Forest Service controlled roads and trails open to public travel, Contractor shall furnish, install and maintain all temporary traffic controls, which provide the user with adequate warning of, hazardous or potentially hazardous conditions associated with Contractor’s operations.

This may require the use of flag persons in addition to signing or other methods of warning. 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).

AGAR 452.236-72 USE OF PREMISES (NOV 1996)

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a. Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a camp site or trailer parking area of any employee working on the project for the Contractor.

b. Unless accepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State, and local regulations.

AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (NOV 1996)

a. Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

b. Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

c. Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

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

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

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

Approval of Subcontracting The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A. The name, address and telephone number of the subcontractor.

B. The date upon which the subcontract was entered into and its duration C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

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SECTION I – SPECIAL CONTRACT REQUIREMENTS

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): www.acquisition.gov/far/

By reference:

52.212-1 Instructions to Offerors – Commercial Items 52.212-3 Offeror Representation and Certifications – Commercial Items 52.212-4 Contract Terms and Conditions—Commercial Items 52.204-16 Commercial and Government Entity Code Reporting 52.204-18 Commercial and Government Entity Code Maintenance 52.204-21 Basic Safeguarding of Covered Contractor Information Systems 52.223-1 Biobased Product Certification.

52.223-2 -- Affirmative Procurement of Biobased Products Under Service And Construction Contracts.

52.223-4 -- Recovered Material Certification 52.223-17 – Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.237-5 -- Payment by Contractor to Government. Fill in Information: 60 days of receipt of notice of award, shall pay None.

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items.

Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items

(May 2019)

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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 (Sept 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 2018) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

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___ (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).

___ (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 (Oct 2018) (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] _XX_ (14) (i) 52.219-6, Notice of Total Small Business 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 (June 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 (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Aug 2018) of 52.219-9.

_XX__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_XX _ (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).

_XX__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___…