09rfq0032.doc

Clearwater National Forest

AG-0276-S-09-0032

Precommercial Thinning

August 3, 2009

INFORMATION CALL:

August 28, 2009

FOB DESTINATION

UNRESTRICTED

OROFINO, ID 83544

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13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

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8(A) 13b. RATING

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IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

Same as Block 9.

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

Same as Block 9.

TELEPHONE N0.

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

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SEE ADDENDUM

PALOUSE RANGER DISTRICT

CLEARWATER NATIONAL FOREST

TO BE CONSIDERED FOR AWARD, COMPLETE AND RETURN FORM 1449, THE SCHEDULE OF ITEMS, AND A TECHNICAL PROPOSAL.

YOU MAY SUBMIT YOUR QUOTE TO FAX NO. 208-476-8288.

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE NOT ATTACHED

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ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.4/2002)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE PAGE 3 FOR SCHEDULE OF ITEMS.

32a. QUANTITY IN COLUMN 21 HAS BEEN

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RECEIVED

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INSPECTED

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECTFOR

|PARTIAL | |FINAL

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COMPLETE FORMCHECKBOX

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FINAL

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.4/2002) BACK

Continuation of SF1449:

Block 27: The full text of a clause or provision may be accessed electronically at these addresses:

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

PRECOMMERCIAL THINNNG

ITEM 1 – PALOUSE RANGER DISTRICT

NOTE TO QUOTERS: Technical Proposals are required for the evaluation of quotes. You may use the proposal form provided. Attach additional sheets as needed. See FAR 52.212-2, Evaluation – Commercial Items, for evaluation and award information.

Stand descriptions in the Silvicultural Prescription Summary are estimates only and do not relieve the Contractor from the responsibility of inspecting the sites and assessing the costs and risks associated with performance of the work.

Please provide the following:

DUNS Number: _____________________________________________________________

Taxpayer Identification Number (TIN): _________________________________________

MSPA Registration Number: ____________________________________________________

TECHNICAL PROPOSAL

(1) Qualifications and Experience. Identify the key personnel, such as foreman, and the crew members who will perform the work and describe their qualifications and experience in tree thinning and related work with regard to such things as: ability to identify tree species; recognition of diseases and damaging agents in trees, in particular white pine blister rust; understanding of crown class structure; and ability to thin trees using variable spacing while maintaining the prescribed stocking density. Describe past production rates achieved on similar work under similar stand conditions.

(2) Record of Past Performance. List all tree thinning and similar contracts awarded to your firm in the past three years. Include details on the size and location of the contracts, thinning quality achieved, the Contractor key personnel involved, and the name and phone number of the Contracting Officer for each. If problems were encountered on any of these contracts, please identify them and the corrective measures taken to prevent a recurrance. We will assess your history of compliance with similar contract requirements, compliance with State and Federal laws, and cooperation with clients.

(3) Work Plan and Production Schedule. Describe the workforce to be provided and the equipment to be used in performance of this contract. Include number of crews, crew size, production rates to be achieved, and estimated starting and completion dates. Demonstrate your ability to perform the work within the required contract time.

A. SCOPE OF CONTRACT

The objective of this treatment is to improve forest health and better achieve the potential yield capability of these sites by removing undesirable trees and retaining dominant and codominant trees of the best quality. The target stand is to shift away from, as much as possible, grand fir and Douglas-fir to a greater component of western larch, ponderosa pine, lodgepole pine, and white pine which are more resistant to root and heartrot diseases.

The work required by this contract consists of tree thinning, slash treatment, and related work in compliance with its terms, specifications, and provisions. This includes furnishing labor, equipment, supervision, transportation, operating supplies, and incidentals except those items listed as Government-furnished property.

B. LOCATION AND DESCRIPTION

The work is located on the Palouse Ranger District of the Clearwater National Forest. The work site, access to the area, size of unit, and other information pertinent to the project units are listed in the Silvicultural Prescription Summary and on the project maps.

(a) Boundaries. Unit boundaries are obvious on-the-ground features or will be flagged where the boundaries aren’t clearly defined.

C. PROJECT ACCESS

(a) Roads. The project areas may be reached by forest roads that are accessible by standard two wheel drive pickup truck equipped for mountain driving during the normal operating season. However, not every road shown on the maps can necessarily be used for vehicle access. The Government assumes no obligation to plow snow or do special maintenance to keep roads open. No additional payment will be made for walk-in’s.

(b) Gates. Some of the subitems are behind locked gates, which require written authorization and keys for access. Contractors will be allowed access behind the gates to conduct site visits and to perform the work. Offerors are advised to make arrangements at least 48 hours in advance to access units behind the gates. For more information and to and obtain authorization, contact John Stuvland at (208) 875-1738.

(c) Motorized Equipment. Use of motorized equipment, other than hand held equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the Contracting Officer.

D. DEFINITIONS OF TECHNICAL SPECIFICATIONS AND TERMS

(a) Crop Trees. Any tree that is selected or required to be left standing as provided in the specifications and is counted in the stocking density of the target stand. (same as Leave Tree).

(b) Competitive Area. The competitive area is the immediate environment of the subject tree; that is, those trees which are competing for sunlight with the subject tree.

(c) Crown Class. Crown class is a description of the relative position of the tree crown with respect to competing trees surrounding the tree. Standard, recognized crown class terminology is used in the specifications.

(d) Hangup Tree. Any cut tree suspended more than 3 feet off the ground.

(e) Excess Trees. Uncut trees that do not meet crop tree specifications and should have been cut to meet the desired stocking density. Trees not severed from the stump, hangup trees, and trees not girdled or not girdled properly are also considered excess trees.

(f) D.B.H. Diameter breast height is the diameter of the tree trunk measured at a point 4 ½ feet above the ground level on the uphill side of the tree.

(g) Girdling. Two separate and continuous cuts completely around the circumference of the bole, each deep and wide enough to sever the cambium layer of the tree, made for the purpose of killing the tree.

(h) Small Trees Missed. Those trees exceeding the minimum tree height to be cut, but so small and in a crown class such that they are not considered to be providing significant competition to the crop trees.

(i) Missing Leave Trees. Those trees cut that should have been left.

(j) Slash. Tree limbs, trunks, and other debris created by the thinning operation.

(k) Lopping. Cutting limbs from trunks of trees.

E. TECHNICAL SPECIFICATIONS

(1) SELECTION OF LEAVE TREES

The goal of this contract is to leave the best potential crop trees using variable spacing while reducing the overall tree density. Leave trees shall be selected from dominant and codominant trees that have no major defects, are of good form and vigor, and be within the allowable stocking density as specified in the Prescription Summary. Tree quality and crown position are more important criteria for selecting trees to retain than tree species. However, when selections must be made between trees that are desirable, they will be done in accordance with the species preference list in the Prescription Summary.

(a) Indicators of Desirable Leave Trees are:

Trees in the dominant or codominant crown class

Straight stem

Good foliage coloration

Balanced full crown

Free of insect and disease damage and/or symptoms

Vigorous annual terminal growth

These indicators, as well as overall tree vigor, are important criteria for leave tree selection. The most prominent indicator for vigor is annual terminal growth for the past 1 to 3 years.

(b) Indicators of Undesirable Trees are:

Trees in the intermediate or overtopped crown class

Short, incomplete or sparse crown

Crook or sweep in bole

Dead or broken tops

Multiple tops

Poor foliage coloration

Insect and disease

Physical or mechanical damage

Poor annual growth

These indicators shall determine trees to be cut, but minor defects will be acceptable for a particular leave tree if it is the best selection in the competitive area. Trees should be relatively free of insect and disease, animal damage, mechanical damage, except for minor problems that will not affect long term growth. Trees displaying these symptoms may be left as leave trees if they are the best available within the competitive area.

The number of leave trees per acre shall be within the maximum/minimum allowance specified for each subitem in the Prescription Summary. The appropriate number of leave trees will vary throughout the stand, being dictated by tree size and their relative position within the canopy (crown class). The minimum distance allowed between leave trees shall be three (3) feet. However, two healthy trees that are out in a natural opening and not affected by other competition shall be left regardless of how close they are.

NOTE: The prescription objective is based on the overall composition and condition of the stand and is intended to be a guideline for achieving a high quality final product in a professional manner. The Contractor shall use their silvicultural knowledge to identify and adjust to any conditions within the stand and notify the Contracting Officer of any conditions not addressed in the prescription. The Contractor shall recognize any insect, disease, or animal damage problems and report them to the Contracting Officer. Major problems and treatment are described in the Prescription Summary.

(2) CUTTING REQUIREMENTS

(a) Cutting. All cut trees shall be completely severed from the stump. Stump height shall not exceed 12 inches above the ground level or 4 inches above natural obstacles.

The maximum tree diameter to cut is specified in the Silvicultural Prescription Summary. Trees exceeding this diameter that are diseased, pest infested, heavily damaged, or poorly formed shall be girdled.

The minimum tree height to be cut is specified in the Silvicultural Prescription Summary. No brush is required to be cut within the units except for what is needed to facilitate the thinning work itself, unless designated otherwise in the prescription. No Pacific yew shall be cut (in form of bush or tree).

(b) Felling. Cut trees shall be felled away from unit boundaries, established trails, game trails, telephone lines, fence lines, stock driveways, established land corners, and streams. Any trees felled across such areas shall be removed.

Snags shall not be cut except where they jeopardize the safety of the Contractor’s operation. Written approval must be obtained from the COR prior to felling. Snags approved for felling shall be felled prior to selecting leave trees within a distance equal to the height of the snag in the direction of fall.

(c) Riparian Areas. Any trees within 25 feet of a stream that are providing streamside shade shall not be cut. Any trees that are rooted in the stream channel bank shall not be cut.

(d) White Pine. White pine shall be treated as a potential crop tree and will be counted in the stocking density of the target stand. White pine shall be cut if they have a dead top, blister rust bole canker, three or more branch cankers, or if they do not meet the other criteria for a desirable leave tree. In units where the white pine have been pruned, all pruned white pine shall be considered a crop tree unless there is blister rust in the bole of the tree.

(3) SLASH TREATMENT

Slash created by the Contractor shall be reduced to a height of less than three feet and placed so that it will not lean against or be suspended by an uncut tree, stump, log, or any obstacle. Any special slash treatment requirements will be specified in the Prescription Summary. Slash shall be pulled back five feet from culverts. All debris from the Contractor’s operation shall be removed from stream courses and drivable roads. The road clearing includes ditches along the road, cut slopes and any weeding debris that hangs over the cut slope.

Slash treatment shall be performed concurrent with the thinning operation.

(4) RESOURCE PROTECTION

The Contractor shall exercise extreme care to prevent damage to existing facilities, developments, and resources. If existing facilities, such as roads, fences, erosion dips, trails, barriers, and drainage facilities are damaged, they shall be replaced or repaired at no cost to the Government.

F. CONTRACTOR QUALITY CONTROL

The Contractor shall provide quality control for all thinning operations. The Contractor is expected to conduct their own prompt inspections to ensure that all thinnng and slash treatment requirements are being met. Government inspections are for payment determination only, and are not intended to be used as a quality control by the Contractor. Any delay in Government inspections will not cause the Government to be responsible for the Contractors thinning quality.

The Contractor’s onsite representative shall be fully conversant in the English language.

G. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

(a) Inspection. The Government’s quality assurance inspections will determine compliance with specifications and provide the basis for computing the rate of payment. Inspections will consist of visual observations and sample plots to determine compliance with the specifications. The plots will be located throughout the weeded areas to obtain a representative sample of the work. Plot centers will be marked and numbered. Each contract subitem will be inspected separately and inspection results will not be averaged with those of other contract subitems.

Determination of the acceptability of the work performed will be based on these inspections, which will be considered conclusive, except as otherwise provided in the contract. The Contractor or his representative may observe inspections while they are underway.

(b) Plot Procedures. Each plot will be examined and the findings on the items listed below recorded:

(i) Number of trees that were left.

(ii) Category “A” – Uncorrectable Deficiency

(A) Number of cut leave trees; a leave tree in accordance with the clause entitled Selection of Leave Trees or the Presription Summary that was cut.

(B) Wrong selection of leave tree; a leave tree that was cut while leaving a lesser tree.

(iii) Category “B” – Correctable Deficiency

(A) Number of excess trees.

(iv) Category “C” – Correctable Deficiency

(A) Small trees missed.

(c) Upon inspection of all plots for a unit, the number of leave trees per acre and the quality of weeding and release will be calculated as follows:

(i) Number of leave trees per acre:

Number of trees left X 100 = Leave trees per acre

Number of plots taken

(ii) Thinning Quality:

1.00 –

Category “A” Trees

X 100 = Quality %

Number of trees left – Category “B”

(d) Rework and Reinspection after Rework. Category “B” – When total number of leave trees exceed the maximum allowance or when Category “C”, total number of small trees missed exceed 50 trees per acre, payment will not be made until the deficiency is corrected, unless the Contracting Officer determines excess tree deficiency to be minor and will not result in any material differences in total number of trees to be left. Inspections after rework will be made in the same manner as the first inspection but on different plot lines. The Contractor shall pay for inspections necessitated by rework.

(e) Inspection of Slash Treatment and Other Contract Requirements. Acceptance will be determined by inspection of areas requiring treatment and will be based on adherence to the specifications. Noncompliance with any of the specifications will classify the treatment as unsatisfactory and rework will be required to bring the treatment up to specification standards.

H. DELIVERIES OR PERFORMANCE REQUIREMENTS

(1) ADDITIONAL PERFORMANCE REQUIREMENTS

Performance Period.

Item

Estimated Beginning Date

Completion Date

September 8, 2009

September 30, 2010 The Contractor shall maintain progress at a rate that will assure completion of work by the required completion date for each Item.

The Government will issue a Notice to Proceed as soon as weather and ground conditions are favorable for work. The count of contract time will start on the date specified in the Notice to Proceed.

The Government reserves the right to prescribe the sequence in which the units will be worked.

The Work Plan and Production Schedule submitted in the offeror’s Technical Proposal shall describe the workforce to be provided and production rates to be achieved, and include specific dates of performance. This schedule shall be made part of the contract requirements, so that the Government may plan for inspection personnel.

(2) MEASUREMENT AND PAYMENT

(a) Calculation of Payment for Thinning. After inspection of a completed subitem, the Contracting Officer will calculate the pay rate for the acceptable work.

(1) When the quality is 90 percent or greater, the work will be considered acceptable and payment will be made at the contract unit price. When the quality of work is less than 90 percent but is 80 percent or over, the work will be considered unacceptable but payment will be made for the value of services received. Payment will be made after assessment of a 1 percent deduction in the unit price for each 1 percent the thinning quality is below 100 percent. This payment shall only be made after the Government determines that no further rework shall be required nor allowed. No payment will be made for quality of work below 70 percent.

(2) Pull back, lopping, slash treatment, and walk-in access are included in the unit price and no additional payment will be made.

(b) Unacceptable Work. Any unit, with quality less 90 percent, is considered unacceptable and may be rejected. For these areas the Government may (i) accept the work at a reduced price (ii) require the area to be re-worked at no additional expense to the Government, or (iii) reject the work in its entirety. If the quality is unacceptable, the Contractor's right to proceed is subject to immediate termination for default. When work quality falls below 90 percent in areas of 1 acre or larger and the quality of work can be corrected, the Government may require the area to be reworked.

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (OCT 2008) Addenda to FAR 52.212-4 Contract Terms and Conditions—Commercial Items:

Add the following clauses:

AGAR 452.236-72

Use of Premises (NOV 1996)

FSAR 4G52.222-701

Employment of Eligible Workers (DEC 1999)

FSAR 4G52.222-702

Labor Standards for Contracts Involving Migrant and Seasonal Agricultural Workers (DEC 1999)

FSAR 4G52.222-703

Migrant and Seasonal Agricultural Worker Protection Act Registration (DEC 1999)

PERSONAL PROTECTIVE EQUIPMENT

1. The contractor will train in the safe operation and use of equipment to all workers using such equipment.

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used.

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

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

6. The contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

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

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

CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS

The following provisions apply to all camping on National Forest lands during performance of this contract:

1. These provisions are in addition to those contained in, or provided for, in the clause titled “Use of Premises”, in this contract.

2. Every structure used as shelter shall provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold. Firewood may be cut only after obtaining a District Firewood Permit.

3. The campsite will not encroach beyond the boundaries designated by the Forest Service. The campsite shall be located so as to minimize impacts on streams, lakes, and other bodies of water. No camping shall be permitted within developed recreation sites or along primary recreation roads.

4. The campsite shall have a clean appearance at all times.

5. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the contractor fails to remove all structures or improvements within the 10 calendar days, they shall become the property of the United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site.

6. Unless otherwise designated by the Contracting Officer, the use of this area is not exclusive, and may be granted to other Permittees, contractors, or recreating public. Disorderly conduct is not permitted.

7. Damaging or removing any natural feature or other property of the Forest Service is prohibited.

8. Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area.

9. Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items.

10. An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes.

11. Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition.

12. Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodants.

13. Basic first aid supplies shall be maintained, available and under the charge of a person trained to administer first aid. The supplies shall include:

a. Gauze pads (at least 4x4 inches)

b. Two large gauze pads (at least 8x10 inches)

c. Box adhesive bandages (band-aids)

d. One package of gauze roller bandage at least 2 inches wide

e. Two triangular bandages

f. Scissors

g. At least one blanket

h. Tweezers

i. Adhesive tape

j. Latex gloves

k. Resuscitation device such as resuscitation bag, airway, or pocket mask

14. Any washing of laundry shall be done in such a way as to provide for washing and rinsing without polluting lakes, streams, or other flowing water.

15. Waste water must be disposed of away from living and eating areas and in a fashion that minimizes pollution to lakes, streams, and other flowing water.

16. The contractor shall take all reasonable precautions to prevent and suppress forest fires. No material shall be disposed of by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

17. The contractor shall comply with the following fire regulations during fire season:

a. A shovel, axe or pulaski, 10 quart pail which is full of water for immediate use and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 1:A 10:BC is required during the fire season.

b. All fire rings or outside fireplaces will be approved by the Forest Service representative. The area will be cleared down to mineral soil for a distance of 1 foot outside of the ring or fireplace and it will not have any overhanging material. Fire rings will be dismantled and material disposed prior to leaving the site.

c. All generators and other internal combustion engines will be equipped with USFS approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in (b).

d. All fuel will be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition.

18. Any violation of these conditions constitutes a breach of contract, and may result in revocation of camping approval.

19. The Forest Service reserves the right to terminate a camping permit at any time.

Worker Housing

Supplement to 4G52.222-702 (d) (4) Add the following, subparagraph (4) Housing:

(iii) If the contractor is not furnishing worker housing:

Workers on this contract may obtain housing only in a residential accommodation, including a commercial establishment such as a hotel or motel, which meets all applicable state and federal standards for employee housing.

Within 10 days after award, and prior to the issuance of Notice to Proceed, the contractor must notify the Contracting Officer of the planned worker housing site.

If the housing site is located on a National Forest, the Contractor must obtain a permit from the District Ranger for the District on which the housing site is located and the facilities established for the workers must meet the applicable U.S. Department of Labor (USDOL) MSPA standards for such sites.

If the housing site is not located on a National Forest, the site must meet the applicable housing standards in MSPA.

If an exemption from the permit requirement is claimed, the contractor must provide a written statement identifying the law authorizing the exemption, stating the facts constituting an exemption under that law, and identifying a USDOL employee or official who stated or concurred that the accommodations were exempt, citing name, date, and means of communication.

If the housing site is changed after approval by the Contracting Officer, the contractor must provide a new Permit or exemption statement. The above requirements are material conditions of this contract. If the contractor fails to comply, the Government may terminate the contract. In addition, other remedies or penalties prescribed by law may apply.

Field Sanitation

In accordance with US Department of Labor Fact Sheet No. ESA 97-28 “Field Sanitation Standards” (Ref. 29CFR 1928.110), employers must provide:

· Potable drinking water, suitably cool and in sufficient amounts, dispensed in single-use cups or by fountains, located so as to be readily accessible to employees.

· Facilities maintained in accordance with public health sanitation practices include upkeep of water quality through daily change or more often if necessary.

· Notification to each employee of the location of the water and allowance of reasonable opportunities during the workday to use them. The employer also must inform the employee of the relevant health hazards in the field and the practices necessary to minimize them.

Employees cannot be made to bear the costs incurred by the employer for providing required facilities.

FIRE CONTROL

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

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

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

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

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

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

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

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

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

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

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

(12) Pump and Trailer. NOT USED.

(13) Burning. Before starting any open burning, the Contractor shall comply with the following:

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

(ii) Submit a burning permit from the District Ranger.

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

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

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

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

KEY PERSONNEL

The key personnel specified in the Offeror's Technical Proposal are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No diversion shall be made by the Contractor without the written consent of the Contracting Officer: Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

PREWORK CONFERENCE

Prior to commencement of work, the COR will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (APR 2009)

(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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(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 shall check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub L. 111-5).

___ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).

___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (7) [Reserved]

_X_ (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (9) (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.

___ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

___ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (12) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).

___ (13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)).

___ (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

_X_ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_X_ (19) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

___ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

_X_ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (22) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

_X_ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

_X_ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793).

_X_ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

_X_ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

___ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 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.)

___ (28) (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.)

___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (30) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

___ (31) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d).

___ (32) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Feb 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, and 109-169).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (33) 52.225-5, Trade Agreements (Mar 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (34) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (38) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332).

___ (40) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332).

___ (41) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

___ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

___ (43) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.]

_X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application…