Clearwater Nez Perce Trails RFQ

2011 TRAIL MAINTENANCE

AG-02RC-S-11-0052

Clearwater & Nez Perce National Forests

May 11, 2011

INFORMATION CALL:

6/1/11 @ 4:00 p.m.

Clearwater & Nez Perce National Forests

12730 HWY 12

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UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100% FOR

SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

BUSINESS

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HUBZONE SMALL

NAICS: 115310 BUSINESS

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SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A)

SIZE STANDARD: $7.0 Million OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

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SEE SCHEDULE

1 2. DISCOUNT TERMS

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13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

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

Clearwater and Nez Perce National Forests See Page 2 for Submission Criteria

TIN:__________________________________

DUNS:________________________________

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

25. ACCOUNTING AND APPROPRIATION DATA

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

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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.3/2005)

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 attached Schedule of Items)

Submission Criteria

Items Required

Signed & Dated Standard Form 1449 (2 Pages)

Signed & Dated Amendments (Posted During Solicitation)

Schedule of Items (Page 3)

Technical Proposal – 1 Copy

1. Qualifications & Experience

2. Past Performance

3. Work Plan & Production Schedule – Submission Methods

1. Fax #: 208-476-8288

2. Hard Copy Mail To:

Clearwater National Forest ATTN: Gordon Fitzwater

12730 HWY 12

Orofino, ID 83544

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

CORRECT FOR

|PARTIAL | |FINAL

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COMPLETE FORMCHECKBOX

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FINAL

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.3/2005) BACK

Clearwater & Nez Perce NF Trail Maintenance

FY2011

SCHEDULE OF ITEMS

Item

No

Price 2012 Unit

Price Additional

Work (Hr)

Lochsa RD – Non-Wilderness Mile

Mile 79.4

13.8

Powell RD – Wilderness

Powell RD – Non Wilderness Mile

Mile 73.2 5.8

XXXXXXX*

Total

*No renewal year for Item #5 For each item, please provide a price per mile per year. Please note separate prices for “Wilderness” & “Non-Wilderness” trails. For each item, submit a price per hour for additional work not included in the per mile price. Regular per mile work to include the following requirements: Log Out, Loose Rock Removal, & Drainage . This additional work (Slide Maintenance, Tread Repair, & Danger Trees) will be authorized by separate task orders as needed.

Award will be made by Item. The Government may make a single award or multiple awards under this solicitation. In the event that quoted prices exceed funding availability, award may be offered to quoters for quantities less than those shown in an Item.

Quoters may offer alternate pricing for award of more than one Item. Quoters may quote on any or all Items and limit the total amount of work they could accept by addressing this in their Technical Proposal. See DELIVERIES OR PERFORMANCE (Page 11) for the performance period for each Item.

Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/ AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

Refer to the Item Descriptions and specific list of trails planned for maintenance in 2011 in the Attachments. In 2011 and 2012, the Government may order maintenance on the same trails and/or substitute similar trails that are in the same general geographic area, require the same specifications, have the same motorized equipment limitations, and are in similar condition in terms of the last maintenance period. It is anticipated that a core group of trails from the 2011 program for each Item will be maintained in each year of the contract. Contractors shall propose a price per mile that will apply to each Item for all three years of the contract. The Government may add or delete trails as needed (pending funding and potential conflicts with other existing trail contracts), within the minimum and maximum mileage for each item.

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling:

Item

Estimated Quantity (Miles)

Minimum Miles

Maximum Miles

Task Orders will be issued in writing by the Contracting Officer identifying the individual trails to be maintained each year.

The Government intends to make more than one contract award from this solicitation. Award will be made by Item and the minimum and maximum amount of miles stated above will apply to each Item. Contractors may quote prices on any or all Items, and address the total amount of work they could accept in the Technical Proposal.

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF WORK

The Clearwater and Nez Perce National Forests have a need for contractors to perform trail maintenance on Forest Service trails. Multiple awards may result from this solicitation. Task orders will be placed throughout the contract period. Orders issued by the Government will detail the location of the work, the type and quantity of work, and the time for performance. The type of work may vary by task order See Section H for further information on the process to be used to issue task orders.

The Contractor(s) shall furnish all labor, supervision, equipment and materials to perform all operations necessary to accomplish the work in accordance with the Solicitation Provisions, Contract Clauses, Statement of Work, and task orders issued as a result of this solicitation.

GOVERNMENT FURNISHED PROPERTY NONE

USE OF MOTORIZED EQUIPMENT AND VEHICLES

(a) It will be the responsibility of the successful bidder to insure that motorized equipment and/or transport use is commensurate with the management directions for the trails area. The Clearwater and Nez Perce National Forests Access Guides provide information on roads and trails with motorized use restrictions. All areas outside of wilderness provide for the use of chainsaws.

STOCK LIMITATIONS

In order to decrease chances for site degradation, the use of saddle and pack stock will be kept to the minimum necessary to accomplish the project. A maximum 6 head per trip addresses the initial camp and tool supply. Once tools and camp are transported into the job site, use of stock will be limited to 3 head* during the length of the project. At the end of the project and for complete camp movement during the project, stock shall not exceed 6 head. Stock not in use shall be removed from the National Forest until such time as they are required.

*Based on a 2 person crew – 2 riding and 1 pack animal. (Requests for additional stock will be submitted in writing and approved by the CO prior to use.)

Camping. There are a limited number of campsites in some trail areas. Campsites shall be addressed and designated at the pre-work meeting. The Contractor's campsite will be subject to weekly inspections by a Government Inspector to assure that minimum impact requirements are met. (SEE EXHIBIT 12: Minimum Impact Camping Guidelines)

Cleanup of Work and Camp Areas. The project area(s) shall be restored to as close to its original natural apearance as possible. The work area impact must be kept to a minimum. All debris and litter shall be removed from site. Litter shall be packed out, and the native debris shall be scattered outside the trail clearing limit. No debris shall be scattered into any stream, lake, snow pond, meadow, or other water course. (SEE EXHIBIT 12: Minimum Impact Camping Guidelines)

Noxious Weed Closure Order. The contractor shall comply with the Special Order issued for all National Forest System Lands within the State of Idaho which prohibits the possession or storage of hay, straw or mulch that is not certified by an authorized official as being Noxious weed or Noxious Weed Seed Free. A Contractor possessing hay, straw or mulch in the National Forest shall present the weed free certificate upon request.

Access and Equipment Drops in Wilderness:

Use of motor vehicles (including trail motorcycles, ATV’s), motorized equipment (such as chainsaws, generators), or bicycles is prohibited.

Use of helicopters for equipment/supply drops or for ferrying personnel will not be allowed.

Storing equipment, personal property or supplies at one cache site for more than 14 consecutive days within a 45 day period is prohibited.

STANDARD SPECIFICATIONS

“Standard Specifications for Construction and Maintenance of Trails” (September, 1996) are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract. Attached Standard Specifications 981, 982, 984, 985, 987, and 991 supersede the version in “Standard Specifications for Construction and Maintenance of Trails”.Copies of the “Standard Specifications for Construction and Maintenance of Trails” (September, 1996) are available on the Web at: http://fsweb.wo.fs.fed.us/eng/roads_trails_Trail_Specs_R1english.pdf

TECHNICAL SPECIFICATIONS

Section 982 – Logging Out – ALL ITEMS

Description

982.01 Work. This work consists of removing logs, down trees and woody debris from the clearing limits (See Exhibit 1). The work described below applies to all trees, or portion of trees, that maybe in the clearing limits or trail tread. Trees are defined as the following species but not limited to - Sub Alpine Fir, Larch, Ponderosa Pine, Lodgepole Pine, Douglas Fir, Grand Fir, Cedar, Whitebark Pine, Maple, Chokecherry and Alder which are over 3 inches in diameter at the base.

Requirements

982.02 Clearing Out. Cut and remove all logs or portions of downed trees that extend across or into the clearing limits (See Exhibits 2, 3, 4, and 5). The portions of cut logs that remain on the upper side of the trail shall be either firmly anchored to prevent sliding or rolling onto the trailway or moved across the trail to the lower side and scattered outside the clearing limits.

Fell all trees and shrubs over four (4) inches in diameter at the base that are leaning into the trail tread and that are within ten (10) feet above the trail bed. Stump height of leaning trees that are cut outside the clearing limits shall not exceed three (6) inches as measured on the uphill side of the stump. Disposal and payment for the leaning trees described above will be the same as for down logs and trees.

Remove roots and stumps from trees within the trail way that have been uprooted. Stumps requiring blasting for removal shall be left and the COR notified of the problem. Rerouting the trail around windfalls, uprooted trees, and other obstacles will not be permitted. Ramp or reroute sections of the trail tread that have been damaged by uprooted stumps as necessary to provide safe passage on the trail. Payment for such work will be incidental to the specified work item, and no extra payment will be made.

Remove sticks or wood chunks exceeding two (2) inches in diameter and one (1) foot in length that have fallen on to the trail bed. Scatter the down trees on the lower side of the trailway outside the clearing limits. Do not place such materials in stream channels, drainage ways, ditches, culvert catch basins, or other locations where they would prevent the free flow of water away from the trailbed.

Section 983 – Danger Tree Removal

Description

983.01 Work. This work consists of felling, bucking, and limbing trees and scattering slash.

Requirements

983.02 Danger Trees. Remove trees and snags that are in a leaning, unstable position over the trail way as SHOWN ON THE DRAWINGS (See Exhibit 5). If any portion of such tree is within 10 feet over the trail tread, the entire tree shall be cut at the root collar and removed from the clearing limits. Cut danger trees so that stump heights do not exceed three (3) inches as measured on the uphill side of the stump. Do not leave felled trees parallel with the trail unless there are sufficient barriers to keep them from rolling or sliding onto the trail. Lop limbs to reduce slash concentration and scatter the clearing debris outside and below the clearing limits. If the trunk, or a portion thereof, falls within the trail way, remove that portion within 4 feet of either side of the trail centerline and scatter a minimum distance of 4 feet beyond and below the trail centerline.

Section 984 – Loose Rock Removal – ALL ITEMS

Description

984.01 Work. This work consists of removal and disposal of loose rock from the trail tread.

Requirements

984.02 General. Remove loose rocks that are larger than three (3) inches in diameter from the trailbed. Remove any loose rock in drainage dips or ditches that may impede water flow off the trail. Loose rocks are rocks that are not firmly embedded in the trail and can be removed by hand. Where the trail bed consists predominantly of rock with little or no soil present, remove all loose rock larger than three (3) inches in diameter.

Fill any holes remaining from rock removal with suitable material and compact. If the rock removed is not needed for other items of maintenance work, scatter the rock by side casting to the lower side of trailway beyond the clearing limits, and distribute rock to ensure that no blockage of drainage or creation of a windrow occurs. Do not dispose of waste materials in water courses.

Section 987 – Slide Maintenance

Description

987.02 Work. Work consists of the removal and disposal of slide material from the trailbed and the restoration of all sections of trail that have been damaged (See Exhibit 1). All soil and debris slides less than 12 inches in height at the trail centerline and covering less than 6 lineal feet of trail tread shall be removed. The location of any slides exceeding these dimensions shall be brought to the attention of the COR as soon as practical. This work does not apply to those sections of trail where the trail tread shoulder has been washed out or has slipped.

If slides exceed an average of 18 lineal feet per mile per trail, notify the COR or Inspector.

Requirements

987.02 General. Conserve and use suitable material from the slide on the trailbed for tread surfacing. Spread this material at a maximum depth of 3 inches for a distance not exceeding 50 feet in each direction from the site of the slide. Place all excess and unsuitable material beyond the downslope edge of the trailbed. Uniformly spread unsuitable material to a depth not exceeding 4 inches and do not obstruct drainage. In the vicinity of water courses, deposit material outside the high water area.

Reshape the backslope that contributed to the slide to reduce future sloughing and to conform to adjacent undamaged sections. Regrade sections of trailbed that have been damaged to a width and finish that conform to adjacent undamaged sections.

Section 991 – Drainage Maintenance – ALL ITEMS Description

991.01 Work. This work consists of cleaning culverts, water bars, drainage dips, ditches, rock spillways, stream fords, and gully crossings; directing water from the trail where washing of the trailbed is or has been occurring; and the draining low spots in the trailbed that tend to hold water. Drainage maintenance also includes removal of vegetation and debris from the disturbed surface area of the drainage structure, such as ditches, catch basins, waterbar spillways, sumps, etc.

Materials

991.02 Requirements. Not used.

Requirements

991.03 General. Where trail drainage facilities have been plugged and the water has been diverted from the intended channel, remove the debris causing the diversion and return the drainage to the channel. Divert water off and away from the trailbed. If washing or ponding of water has been or is occurring, dig a shallow ditch sloped 2 percent to 5 percent to the downstream side of the trail and 3 inches minimum deep and one (1) foot minimum wide across the trail at the point where water enters the trail.

Clean ditches to permit the free flow of water into culverts and away from the trail. Scatter all unusable or unneeded material that is cleared from the drainage structures three (3) feet or more beyond and below the trail or drainage facility and out of watercourses.

991.04 Culverts. Remove debris and soil from catch basins and inlet and outlet ditches and inside culverts to permit the unobstructed flow of water into, through, and away from the culvert. Replace any missing or loose rocks or logs in culvert headwalls. Fit replacement rocks for rock culverts so that they have a firm bearing on adjacent and underlying rocks. Place rocks snugly and fill voids with small rocks to prevent material from sifting into the drain. Fill and compact with suitable material all disturbed areas in the trail tread over or adjacent to rock culverts.

991.05 Water bars. Clean the upgrade side of all existing water bars and maintain them as SHOWN ON THE DRAWINGS in Exhibits 6 and 7. Remove material accumulated against rubber belted waterbars (See Exhibit 8). Use and compact suitable material removed from the upgrade side of all waterbars to bring the trail tread flush with the top of those waterbars on the downgrade side. Remove all debris from the lead-off area of all waterbars that restricts the free flow of water away from the trail.

"Armored" waterbars (See Exhibit 6) shall be cleaned as if they were grade or drivable dips. They are not to be cleaned up to the waterbar, otherwise the upgrade catch basin will be cleaned in accordance with the standard waterbar cleaning specifications.

Section 991 – Drainage Maintenance – ALL ITEMS Requirements (Continued)

991.06 Drainage Dips. Clean deposited material and restore drainage dips as SHOWN ON THE DRAWINGS (See Exhibit 9). Remove all debris from the lead-off area of dips that restricts the free flow of water away from the trail. Use suitable material obtained by cleaning dips for fill on the downgrade side, removing rock more than three (3) inches in diameter. Compact all material placed in the trail tread.

991.07 Rock Spillways. Maintain rock spillways to conform as SHOWN ON THE DRAWINGS (See Exhibit 10). Replace missing rocks, interlocking each rock with adjacent rocks. Place the rocks to ensure that the water flows down the spill way and away from the facility being drained. Use small rocks to fill voids. Clean all material from the spillway that restricts the flow of water away from the trail.

991.08 Stream Fords and Gully Crossings. Maintain stream fords and gully crossings. Remove debris and loose rocks over three (3) inches in diameter from existing stream crossings to provide the tread width (See Exhibits 11 A & B). Maintain and replace missing or rotted log or rock barriers that form the dam at fords and gully crossings. Level and smooth the stream bottom with gravel or rock less than three (3) inches in diameter to provide a crossing.

Regrade or fill approaches to the stream fords and gully crossings to provide for safe use. Replace missing stepping stones.

GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Inspection Procedure. The Government will perform contract quality assurance as necessary to determine compliance with specifications and to provide the basis for computing the rate of payment. The Government may conduct visual observations and/or sample measurements to determine compliance with specifications. The Contractor shall notify the COR when each trail is complete and ready for inspection. The Government will conduct inspections within 14 days of notification of completion of work by the Contractor.

DELIVERIES OR PERFORMANCE

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 discussed. The Contractor may begin work under the contract when conditions are suitable and upon notification to the COR.

Start Date Annual Completion Date

Clearwater NF

Nez Perce NF

The Contractor shall maintain progress at a rate that will assure completion of work by the required completion date for each Item. The starting date is an estimate of when work may begin on an Item and not all trail segments within an Item are expected to be open on that date. Regardless of actual starting date, all Trail Maintenance Items shall be completed no later than August 15 of the year in which award or renewal was made.

Award of more than one Item to a Contractor will not change the required performance period for each Item. If multiple Items are awarded to one Contractor, the respective performance times will run concurrently, not consecutively. Work may be performed on each Item in succession provided the required rate of progress is maintained.

The Work Plan and Production Schedule submitted in the Contractor’s Technical Proposal shall describe the workforce to be provided and production rates to be achieved, and include dates of performance for each Item.

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.

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.

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (JUNE 2010)

Section (a) with the following:

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

Clauses Added:

FAR 52.232-18

Availability of Funds (APR 1984)

FAR 52.242-14

Suspension of Work (APR 1984)

AGAR 452.236-72

Use of Premises (NOV 1996)

FAR 52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued for one calendar year from date of award or renewal.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

FAR 52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 40 miles, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of the maximum amount of miles for that Item as shown in the Schedule;

(2) Any order for a combination of items in excess of the maximum amount of miles for each Item awarded to each Contractor as shown in the Schedule; or

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

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

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

FAR 52.216-22 Indefinite Quantity (OCT 1995)

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

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after October 30 in each year of the contract.

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to the expiration of the contract period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three years.

ECONOMIC PRICE ADJUSTMENT

Contract unit prices will be adjusted, at the time of renewal, to reflect increases or decreases in the cost of performance of the contract work. The adjustment will be based on changes in the Service Contract Act wage and fringe benefit requirements only. The percent of increase or decrease in these wage and fringe benefit costs will be the basis for adjusting the unit prices. The Contracting Officer will calculate the adjustment to the nearest 1/10 of one percent and apply this percentage to the contract unit prices for the renewal period.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (APR 2011)

(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)).

___Alternate I (Aug 2007) of 52.222-50 (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 check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 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 (Apr 2010) (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 (June 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 (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

__ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

__ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).

__ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (9) [Reserved]

_X_ (10)(i) 52.219-6, Notice of Total Small Business Set-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.

__ (11)(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.

__ (12) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (13)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

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

__ (15) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (16)(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.

__ (17) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (18) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

__ (20) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

__ (21) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011).

__ (22) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011).

_X_ (23) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (24) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

_X_ (25) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

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

_X_ (27) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X_ (28) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (29) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

__ (30) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (31) 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.)

__ (32)(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.)

__ (33) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (34)(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.

__ (35) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (Sep 2010) (E.O. 13513).

__ (36) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (37)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

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

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

__ (38) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (39) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (40) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (41) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (42) 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)).

__ (43) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (44) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (45) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (46) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (47) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (48)(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) (Sep 2009) (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 (Sep 2009) (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) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

_X_ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small…