SOLICITATION.doc

AG-02RC-S-13-0053

KOOTENAI NATIONAL FOREST – North 43 Excavator Piling

REQUEST FOR QUOTATION

PAGE OF PAGES

AND/OR DMS REG. 1

USDA – Forest Service

Idaho / Montana Acquisition Team 3815 Schreiber Way Coeur d’Alene, ID 83815 See Contract Time

FOB DESTINATION

11. SCHEDULE (Include applicable Federal, State and local taxes)

NORTH 43 EXCAVATOR PILING

Rexford/Fortine Ranger Districts Kootenai National Forest

Lincoln County, Montana

PLEASE WRITEE YOUR QUOTE IN SECTION B - SCHEDULE OF ITEMS

Furnishing Quotation: Complete Standard Form 18, Section B, Section K, and Experience Questionnaire as your quote. Return to the address shown in Block 5a. Please write “Solicitation No. AG-02RC-S-13-0053” on your envelope before submitting.

12. DISCOUNT FOR PROMPT PAYMENT

are not attached.

DUNS No._____________ TIN No._____________________

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

NORTH 43 EXCAVATOR PILING

Rexford and Fortine Ranger Districts Kootenai National Forest

Lincoln County, Montana

B- 1 Schedule of Items

UNIT

ITEM NO. DESCRIPTION

QUANTITY

UNIT

PRICE

AMOUNT

North 43 East Excavator Piling

ACRES

North 43 West Excavator Piling

ACRES

SUBTOTAL > > > > > > > > > > > > > > > > > > $___________

ADDITIVE/OPTIONAL ITEM*

Elk Mountain North #1

ACRES 20-35

Excavator Piling & Scarification

TOTAL QUOTE > > > > > > > > > > > > > > > > $___________

* ADDITIVE/OPTIONAL ITEM: Award of Item 03 (Elk Mountain North #1) will be on a per acre basis, dependent upon government funding available at the time of contract award. IF Item 03 is awarded, a minimum of 20 acres will be awarded and a maximum of 35 acres will be awarded.

B- 2 Quote on all items. Only quotes to the nearest cent will be accepted.

B- 3 Written Acceptance Any contract resulting from this solicitation will require written acceptance within 10 days of receipt of the contract by the Contractor.

PART I - THE SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

General Specifications

C- 1 Scope of Contract

The purpose of this performance-based contract is to secure services to accomplish stand treatments related to the reduction of fuel loading through excavator piling. This work may occur on slopes up to 35% and on rocky terrain. The Contractor shall furnish all technical expertise, labor, equipment, supervision, tools, transportation, operating supplies, and incidentals necessary to complete the required work in accordance with the specifications, and terms and conditions of this solicitation and any resultant contract.

This work is being solicited as a performance based service contract. Performance based means the Contractor is responsible for an end product. If an end product is not provided in compliance with the contract specifications, an adjustment to the payment will be made.

C- 2 Location and Description

The work is located within the Rexford and Fortine Ranger Districts of the Kootenai National Forest, headquartered in Eureka, Montana. Vicinity and project maps are included in this solicitation. District travel maps are also available at the district office.

Items 01and 02 – North 43 East/West Excavator Piling are 2 units (44 and 45 acres respectively) located approximately 25 miles (by road) south of the town of Eureka, MT in Township 34N Range 27W in the northwest corner of Section 3. From the Eureka Ranger Station drive north on Highway 93 for 0.5 miles to Highway 37. Take a left on Highway 37 and drive 7.8 miles; turn left onto Forest Service Road 856, Pinkham Creek Road. Drive approximately 13.6 miles on Pinkham Creek Road to the end of the pavement and a cattlegaurd gate. Turn right at the Y, continuing on Forest Service Road #856 for another 1.43 miles to Forest Service Road #7951 on the right.

For Item 01, drive approximately 1.25 miles on Forest Service Road #7951. North 43 East (Item 01) unit will be below the road on the right.

For Item 02, drive approximately an additional 0.5 miles on Forest Service Road #7951. North 43 West (Item 02) unit will be above the road on the left, between Forest Service Road #7951 and Forest Service Road #7943.

The piling unit boundaries are marked in blue boundary paint and are the same as the harvest unit boundaries. The machine work shall be accomplished on dry or frozen ground.

Additive/Optional Item 3 - Elk Mountain North #1 Piling and Scarification is one unit (35 acres) located approximately 22 miles (by road) southwest of the town of Trego, MT in T31N, R26W in the northwest corner of section 10. From the town of Trego, MT follow Forest Service Road #36 (Fortine Creek Road) south approximately 16 miles to Forest Service Road #3500 (Gray Creek). Turn left onto Forest Service Road #3500. Follow for approximately 4 miles to Forest Service Road #3506 (Grand Creek). Turn right onto Forest Service Road #3506, and follow for approximately 1.75 miles. Elk Mountain North #1 is 0.2 miles up the skid trail to the left from the landing. (See project map for location). The piling unit boundary is marked in blue boundary paint and is the same as the harvest unit boundary. In this unit, excavator piling and scarification shall be performed on an area of 20 to 35 acres. The machine work shall be accomplished on dry or frozen ground.

NOTE: DOZER WORK WILL NOT BE ACCEPTED FOR THIS CONTRACT.

Accessibility. The general vicinity of the contract areas may be reached by forest roads that are accessible by standard pickup during normal operation season (approximately June to October). The Forest Service assumes no obligation to plow snow or perform special maintenance to keep roads open. Individual stands are accessible by combination of 2- or 4- wheel drive. It is the Contractor's responsibility to be continuously knowledgeable regarding any and all road restrictions. A written request to access closed roads by motorized vehicles shall be submitted to the Contracting Officer’s Representative (COR) for approval by the District Ranger or designated Staff Officer. Request for road access should be made one week prior to useage with the Contracting Officer’s Representative. The Contractor shall lock all gates upon entering and leaving the unit area. For planning purposes, the Contractor should assume that the motorized travel will be restricted on roads not shown on the District Travel Plan Map.

Roads will be open/closed as shown on the District Travel Plan Map which is usually updated annually. Some roads are not shown in their entirety, or are not shown at all on the District Travel Plan Map.

Prospective quoters may contact Harmony Burow at the Rexford Ranger Station @ 406-296-2536 for information regarding accessibility to the units.

Timing of road use may have to be coordinated with other users.

Boundaries. The unit boundaries are marked in blue paint and are the same as the sale unit boundaries. Small exclusions may be flagged out. For detailed information concerning unit boundaries contact the COR. If Item 03 is awarded for less than 35 acres, the area to be piled will be flagged by the Government in fluorescent orange flagging, and an updated map will be provided to the Contractor.

C- 3 Definitions

Access point – The point identified for access to the fuel reduction areas.

Calendar Days – Every day shown on the calendar, Sundays and holidays included.

Contracting Officer’s Representative – The on-site contract administrator for the Contracting Officer. The duties and responsiblities of the COR are defined in the letter of designation issued by the Contracting Officer.

Contract Time - See Period of Performance.

Damage to Tree - Defect or deformity of a tree resulting from agents such as wind, snow, animals, insects, disease, and equipment, and evidenced by such things as dead or broken tops or trunks, crooks, and deep scars or damage to the bark on more than ¼ of the circumference of the tree.

Period of Performance (also Performance Period or Contract Time) - The number of calendar days allowed in the contract for completion of contract work.

Piling – create piles of slash in accordance with Performance Standards.

Quality Assurance - The actions taken by the Government to assess the results to determine that they meet contract requirements. The methods for quality assurance are described in the Quality Assurance Surveillance Plan (QASP).

Quality Control - Those actions taken by a Contractor to control the production of outputs to ensure that they conform to the contract requirements. The methods for inspecting for quality control are described in the Contractor’s Quality Control Plan (QCP).

Slash – limbs and trunks of downed trees.

Special Protection Area - A zone that has special characteristics such as riparian vegetation, wildlife calving areas, etc. Special protection areas are noted on the project maps and they may require special treatment such as an alteration to the tree cutting, slash treatment, vehicle travel or fueling of saws. Refer to the Silvicultural Summary Prescription for required practices.

Thinning slash - Debris created from work under this contract, including all cut trees and shrubs including the tops, trunks, and branches.

C- 4 Product Removal

If the Contractor requests and Contract Officer agrees to allow removal of timber products from material that is required to be piled, the Contractor will obtain the necessary permits from the District Office prior to removal. Such material is estimated to be of insignificant quantity and to have no apparent commercial value.

All product removal is subject to rates of payment and road maintenance deposits depending on the quantity and commercial value of the product being removed. If no charge for removal is determined, road deposits may still apply.

PART I - THE SCHEDULE

SECTION E - INSPECTION AND ACCEPTANCE

E- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.246-4

Inspection of Services - Fixed-Price (AUG 1996)

E- 2 Government Quality Assurance Quality assurance will be performed by the Government during the contract at regular intervals. Methods may include visual survey and review of Contractor quality control documents. Deduction for work may include rework at no cost to the Government or Government acceptance with price reduction.

Inspection Procedure for Piling

The Government will make a visual examination of the work. If the visual examination shows the work may not be done in conformance with the contract specifications the following systematic inspection procedure will be made:

The Government will make an inspection of each contract item to determine acceptability. The results will not be averaged with any other item for payment purposes. The Contractor is encouraged to observe the inspection. Inspection consists of checking piles for compaction, size, and non-burnable material. In addition, Browns Down Woody Fuel Surveys will be the method for determining ton per acre of material remaining on site.

E- 3 Contractor Responsibilities - Quality Control

The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to ensure contract standards are met.

Performance Standard (SLASH TREATMENT) Slash shall be accumulated into piles that are compact and relatively free of dirt and decomposed duff. The Contractor shall pile at least 80% of the slash that is less than 7 inches (in diameter on the large end). Piles shall be kept as far away from designated leave trees as is feasible and at least 10 feet from unit boundaries adjacent to Forest Service land and 20 feet from unit boundaries adjacent to private land. Roads shall be kept clear of Contractor-created slash piles from the top of the cut slope to the toe of the fill. Piles shall not be less than 6 feet in height and not more than 15 feet in width. The slash shall be gathered and piled, with slash aligned in the same direction as much as possible. No stumps shall be placed in piles. All slash piling shall be conducted in such a manner as to allow operations without damaging residual trees. All standing trees shall be retained in an undamaged condition. No slash shall be left within 5 feet of culverts, on roads or fill-slope after piling. Piles stacked in teepee fashion are not acceptable. Rolling the piles to compact them is preferred.

Performance Standard (DOWN WOODY DEBRIS) The Contractor shall leave the majority of woody material greater than 7 inches (in diameter on the small end). For Items 01 and 02, where material is available the Contractor shall leave a minimum of 5 tons per acre and a maximum of 7 tons per acre of woody material over 7 inches (in diameter on the small end) and a minimum of 3 feet in length scattered as much as practical throughout the unit. For Item 03, where material is available, the Contractor shall leave a minimum of 10 tons per acre and a maximum of 15 tons per acre of woody material over 7 inches (in diameter on the small end) and a minimum of 3 feet in length scattered as much as practical throughout the unit. Material to be left shall be relatively free of limbs and needles.

Performance Standard (SCARIFICATION) For Item 03, the Contractor shall create 2 foot (approximate bucket width of machine) by 3 foot long scalps on an average spacing of 12 feet by 12 feet. Scalping shall remove organic debris and the duff layer exposing the uppermost portion of the mineral soil for natural seeding and to create planting spots. Duff and debris removed from the scalp shall be scattered throughout the unit where piling has been completed.

Performance Standard (TIMEFRAMES) The Contractor shall complete all work designated under this contract by date specified for each Item as shown in Section F – Deliveries or Performance.

Performance Standard (PROTECTION OF EXISTING FACILITIES, DEVELOPMENTS AND RESOURCES):

Resource Protection. The Contractor shall exercise extreme care to prevent damage to existing facilities, developments, and resources.

Existing Facilities. If existing facilities, such as roads, culverts,erosion dips, drainage facilities, barriers, fences, section corners, and bearing trees are damaged by the Contractor’s operations, they shall be replaced or repaired by the Contractor at no cost to the Government.

Protection of Streamcourses. The Contractor shall minimize damage to streamcourses. Machinery shall not enter closer than 50 feet of any intermittent stream, 150 feet of any year round non-fish bearing stream, and 300 feet of any fish bearing stream. Slash shall be pulled out of dry draws with defined channels, and out of draws that have the potential to flow water. Piling in or crossing any intermittent stream, year-round streams, or wet areas is strictly prohibited.

Cultural Resources. The Contractor shall protect all “Areas to Protect”, and all known and identified or discovered historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture against destruction, obliteration, removal or damage during Contractor's operations. The Contractor shall immediately notify the Forest Service if damage occurs to any Cultural Resources and immediately halt operations in the vicinity of the Resource where damage occurred until the Forest Service authorizes the Contractor to proceed. If such damage is negligently or willfully caused by the Contractor's operations, the Contractor shall bear costs of investigation and restoration in accordance with 36 CFR 296.14(c), provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law. Wheeled or track-laying equipment shall not be operated within such areas except on approved roads, landings, tractor roads or skid trails. Unless agreed otherwise, trees shall not be felled into such areas.

Special Treatment Areas and Leave Islands. Treatment and salvage will not be allowed in flagged special treatment areas and leave islands. Excavators shall not enter special treatment areas or leave islands.

Performance Standard (PREVENTION AND CONTROL OF SOIL EROSION) The Contractor shall minimize soil erosion. Precautions shall include prevention of gullying of roads and skid trails within and adjacent to the piling units. On steeper ground the excavator shall not use the same path to move about to the extent that rutting in the traveled path begins to form. Equipment shall not be operated when ground conditions are such that excessive damage will result. The Forest Service shall suspend operations of any machine work when the Government deems the conditions are not conducive to piling. This may include steep slope, wet soils, puddling due to rain or thawing. Soil moistures greater than 18% will be considered potentially damaging ground conditions.

Performance Standard (NOXIOUS WEED CONTROL) The Contractor shall clean all off-road equipment prior to entry into each unit, unless prior approval is received from the COR. Remove all dirt and plant parts and material that could carry noxious weed seeds into the unit. Only off-road equipment cleaned, inspected, and approved by the COR will be allowed to operate within the project area. Treat all subsequent move-ins of off-road equipment in the same manner as initial move-ins. “Off-road equipment” does not include personal vehicles or support equipment that remains on the main travel route. Prior to the initial move-in, the Contractor shall make all off-road equipment available for inspection by the Forest Service at an agreed-upon location. The Contractor shall provide the Forest Service at least 24 hours advance notification when equipment is ready for inspection.

If the Contractor desires to clean off-road equipment on National Forest Land prior to moving to a new unit, the Contractor and the COR shall agree on methods of cleaning, locations for the cleaning, and control of off-site impacts, if any.

E-4 Performance Requirements Summary Inspection of Piling. Acceptance will be determined by an inspection of the areas requiring treatment and will be based on adherence to the specifications. Nonconformance with any of the specifications will classify the treatment as unsatisfactory and rework will be required to bring the treatment up to specification standards.

PART I - THE SCHEDULE

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.242-14

Suspension of Work (APR 1984)

FAR 52.242-15

Stop Work Order (AUG 1989)

FAR 52.242-17

Government Delay of Work (APR 1984) F- 2 Performance Period

Item No.

Estimated Start Work Date Mandatory Completion Date North 43 East

August 4, 2014

October 3, 2014 North 43 West

August 5, 2013

October 4, 2013

Elk Mountain #1 August 5, 2013

October 3, 2014

The Contractor shall maintain progress at a rate which will assure completion of work within the calendar time specified.

The Government may 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 on the Notice to Proceed.

PART I - THE SCHEDULE

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

H- 2 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 the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the 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 the Contractor’s 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 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. NONE.

(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 where 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 required.

(13) Burning. NONE.

H- 3 Loss, Damage or Destruction

Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

All claims arising under this clause will be submitted to the Contracting Officer.

H- 4 Barricades, Warning Signs, and Other Devices The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

H- 5 Weed-Free Equipment In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only construction equipment inspected by the Contracting Officer will be allowed to operate within the project area. All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

Prior to initial move-in of all construction equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed location.

H- 6 Landscape Preservation

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

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

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

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

H- 7 Prework Conference

Prior to commencement of work, the Contracting Officer 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.

H- 8 Personal Protective Equipment

(a) The Contractor will train in the safe operation and use of equipment to all workers using such equipment.

(b) 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.

(c) Defective or damaged personal protective equipment shall not be used.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

(h) 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.

H- 9 Environmental Management System (EMS) Definition. An EMS provides a systematic approach for continually improving environmental performance and identifies the major environmental aspects and associated impacts that occur on a National Forest or Grassland. There are controls in place to manage these impacts, such as NEPA analysis, best management practices (BMPs), and resource monitoring. The EMS simply documents and ensures that these controls are in place and working as intended. EMS is an ongoing process that formalizes the Forest Service’s commitment to adaptive management and continual improvement of the environment.

Environmental Objectives:

1. Invasive Weeds – Reduce invasive weed introduction or spread through improved and more effective control and management.

2. Vegetation Management – 1) Restore or maintain vegetation health including the improvement or maintenance of resilient, native wildlife habitat and 2) Reduce fuels in a pattern and location to decrease fire intensity in the proximity of Wildland Urban Interface (WUI) or Community Wildfire Protection Plan areas.

3. Travel Management – 1) Reduce the existing road systems’ contributed sediment and impairment of water quality and aquatic habitats and 2) Improve security for grizzly bears or elk through the designation of roads, trails, and areas for motor vehicle use.

4. Reduction of Petroleum Consumption – Reduce fuel consumption by 2% annually through the following operational controls: a) Use the most fuel efficient vehicle for the job, b) Use car-pooling and ride-sharing, c) Maintain vehicles for fuel efficiency.

H-10 Food Storage on Worksite The Kootenai National Forest has implemented a mandatory Food Storage and Sanitation Special Order; contractors are required to comply with the food and refuse storage guidelines under this Order. The purpose of the Order is to minimize adverse interactions between humans, bears and other wildlife, and to provide for Forest visitor safety. A complete copy of the Order is provided as an attachment to this solicitation and is listed (under Section J-5). The Order will be incorporated into any resultant contract.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011 52.222-3 Convict Labor (JUNE 2003)

52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

52.222-41 Service Contract Act of 1965 (NOV 2007)

52.222-44 Fair Labor Standards Act and Service Contract Act - Price Adjustment (SEP 2009)

52.222-50 Combating Trafficking in Persons (FEB 2009)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.224-1 Privacy Act Notification (APR 1984)

52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008)

52.232-1 Payments (APR 1984) 52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-11 Extras (APR 1984)

52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986)

52.232-25 Prompt Payment (OCT 2008)

52.232-33 Payments by Electronic Funds Transfer—Central Contractor Registration (OCT 2003)

52.233-1 Disputes (JULY 2002) Alternate I (DEC 1991)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-13 Accident Prevention (NOV 1991) 52.243-1 Changes--Fixed-Price (AUG 1987) Alternate I (APR 1984) 52.246-1 Contractor Inspection Requirements (APR 1984) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984)

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988)

452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.237-75 Restrictions Against Disclosure (FEB 1988)

I- 2 FAR 204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (AUG 2012)

(a) Definitions. As used in this clause:

“Executive” means officers, managing partners, or any other employees in management positions.

“First-tier subcontract” means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor’s general and administrative expenses or indirect costs.

“Months of award” means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor.

“Total compensation” means the cash and noncash dollar value earned by the executive during the Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board’s Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation.

(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub.

L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub.

L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

(c) Nothing in this clause requires the disclosure of classified information

(d)

(1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the Central Contractor Registration (CCR) database (FAR clause 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as provided in paragraph (h) of this clause, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, the Contractor shall report the following information at http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.)

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(vi) Subcontract number (the subcontract number assigned by the Contractor).

(vii) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(viii) Subcontractor’s primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(ix) The prime contract number, and order number if applicable.

(x) Awarding agency name and code.

(xi) Funding agency name and code.

(xii) Government contracting office code.

(xiii) Treasury account symbol (TAS) as reported in FPDS.

(xiv) The applicable North American Industry Classification System code (NAICS).

(3) Executive compensation of the first-tier subcontractor. Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor’s preceding completed fiscal year at http://www.fsrs.gov, if—

(i) In the subcontractor’s preceding fiscal year, the subcontractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(e) The Contractor shall not split or break down first-tier subcontract awards to a value less than $25,000 to avoid the reporting requirements in paragraph (d).

(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires.

(g)

(1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.

(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that…