Nez_Perce-Clearwater_NF_Trail_Brushing_(AG-02RC-S-15-0030).docx

DATE

AG-02RC-S-15-0030

DATE

05/19/2015

INFORMATION CALL:

06/19//2015 2:30p.m.

9. ISSUED BY CODE

10. THIS ACQUISITON IS |_| UNRESTRICTED OR |X| SET ASIDE: __100_____% FOR

USDA – Forest Service Region 1 Procurement

|X| SMALL BUSINESS |_| WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

|_| HUBZONE SMALL SMALL BUSINESS PROGRAM

12730 HWY 12

Orofino, ID 83544

BUSINESS

|_| EDWOSB NAICS: 115310

|_| SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD: F018

SMALL BUSINESS |_| 8(A)

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

|X| RFQ |_| IFB |_| RFP

15. DELIVER TO CODE

See Delivery Schedule

16. ADMINISTERED BY CODE

Same as Block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR ADDRESS CODE

DUNS No: ___________________________________________ Email Address: ________________________________________

18a. PAYMENT WILL BE MADE BY CODE

All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.

TELEPHONE N0.

|_| SEE ADDENDUM

North Zone Trail Brushing Nez Perce/Clearwater National Forest North Fork/Palouse Ranger District Clearwater County, Idaho

PLEASE PLACE YOUR QUOTE IN

SCHEDULE OF ITEMS

FURNISHING QUOTATION: Complete Standard Form 1449, Schedule of Items, Experience Questionnaire, and Solicitation Provisions as your quote. Please return to the address shown in Block 9. Place “Solicitation No. AG-03R6-S-15-0030” on the envelope.

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

25. ACCOUNTING AND APPROPRIATION DATA

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

Darren M. Zychek 31c. DATE SIGNED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Submission Criteria

Items Required:

*Signed & Dated Standard Form 1449 *Completed Schedule of Items *Completed Provision 52.212-3 Offeror Certs & Reps

* AGAR 452.209-70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction (Deviation 2012-01) (FEB 2012) Alternate I (FEB 2012) *Technical Proposal – 1 Copy (See FAR 52.212-2, Evaluation – Commercial Items, for evaluation and award information.) Each Item will be evaluated independently. The Government may make multiple awards from this solicitation.

NOTE TO QUOTERS: Technical proposals are required for the evaluation of offers. You may use the proposal form provided, attach additional sheets as needed. Or you can use your own format.

DUNS Number:

Submission Methods:

1. Fax #: 208-476-8288 Attn: AG-02RC-S-15-0030

2. Hard Copy Mail To:

Orofino Office USFS ATTN: Contracting

12730 HWY 12

Orofino, ID 83544

It is the responsibility of the Offeror/Contractor to confirm timely receipt of their submittal by contacting Darren Zychek at (208) 476-8224.

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| 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

|_| COMPLETE |_| PARTIAL |_| FINAL

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV. 2/2012) BACK

SERVICES AND PRICES

Part B - Schedule of Items

Contract Base Items 1-4

Contract Options Items 5-10

For each item, please provide a price per mile. Regular per mile work includes the following requirements: 981 – Brush Cutting, 982 – Logging Out, & 991 – Drainage Maintenance.

Technical Proposals are required for the evaluation of quotes. You may use the proposal form provided. Attach additional sheets as necessary.

FAR 52.216-27 Single or Multiple Awards. (Oct 1995) The Government may make multiple contract awards from this solicitation. The Government reserves the right to make a single award, if it is in the best interest of the Government to do so. Contractors must submit prices for all Items and Sub-items within an Item to be considered for award.

The Government reserves the right to make multiple awards under this solicitation. Quoters must submit prices for all Sub-items to be considered for award. In the event that quoted prices exceed funding availability, award may be offered to quoters for quantities less than those shown in an Item.

FAR 52.237-1 Site Visit. (APR 1984) Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Invoice Processing Platform (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors must enroll at https://www.ipp.gov/vendors/enrollment-vendors.htm. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

Prices Submitted By

Email:

Fax Submission #: (208) 476-8288 ATTN: Darren M. Zychek

Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF WORK

The Nez Perce-Clearwater National Forest has a need for contractors to perform brushing work on Forest Service trails. Contract issued by the Government will detail the location of the work, the type and quantity of work, and the time for performance.

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 vehicles and/ or transport use is commensurate with the management directions for the trails area. All proposed use of motorized equipment must be submitted in a formal written request to the COR through the CO for Line Officer approval.

STOCK LIMITATIONS

In order to decrease chances for site degradation, the use of saddle and pack stock will be kept ot 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 is use shall be removed from the National Forest until such time as they are required.

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 #1: 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 #1: 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://www.fs.fed.us/database/acad/dev/trails/trails.htm

TECHNICAL SPECIFICATIONS

Section 981 – Brush Cutting Description

981.01 Work. This work consists of removing brush and trees less than 6 inches in diameter, and shrubs within the clearing limits.

Requirements

981.02 General. Remove all limbs of shrubs and trees that extend across or into the clearing limits as SHOWN ON THE DRAWINGS or 1 ft. above the top of the cut-slope of all ditches, catch basins, and trail structures, whichever is greater. Saw or cut limbs flush with the tree trunk. Make cuts in a manner that will not tear or strip bark from the trees.

Cut and remove from the clearing limits all woody plants exceeding 0.5 inches in stem diameter or one (1) foot in height. The maximum size material to be cut under this specification is 6 inches in diameter when measured at a height of 6 inches above the ground on the uphill side of the stump.

Cut all brush and small, woody plants as near flush to the ground surface as possible. When impractical to cut plants flush, the maximum stem length shall be 2 inches.

Remove all woody material for a minimum of 3 inches below the trail tread surface. Fill holes in the trail tread caused by removing woody material with suitable material.

Scatter the clearing debris removed from the clearing limits outside and below the clearing limits. Do not place materials in stream channels, drainage ways, ditches, culvert inlets, or other locations where they would prevent the free flow of water away from the trail bed.

Measurement

981.03 Method. Determine the quantity of brush cutting units by measuring the slope distance along the trail centerline.

Payment

981.04 Basis. Make payments, for all units inspected and accepted, at the unit price SHOWN IN THE SCHEDULE OF ITEMS.

Make payment under:

Section 982 – Logging Out Description

982.01 Work. This work consists of removing brush, logs, and down trees from the clearing limits.

Requirements

982.02 Clearing Out. Cut and remove all logs that extend across or into the clearing limits as SHOWN ON THE DRAWINGS or 1 ft. above the top of the cut-slope of all ditches, catch basins, and trail structures, whichever is greater. This includes all previously cut logs within the defined clearing limits. All limbs from fallen trees that extend into the clearing limits must be cut flush to the bole of the tree and removed. 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 trail way or moved across the trail to the lower side and scattered outside the clearing limits.

Fell all trees over 3 inches in diameter that are leaning into the clearing limits and that are within 10 feet above the trail bed as SHOWN ON THE DRAWINGS. Stump height of leaning trees that are cut outside the clearing limits shall be cut flush 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, root wads, and stumps from trees within the clearing limits that have been uprooted.

Rerouting the trail around windfalls, uprooted trees, and other obstacles will not be permitted. Repair 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 2 inches in diameter and 1 foot in length that have fallen on to the trail bed.

Scatter the down trees on the lower side of the trail way 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 trail bed.

Measurement

982.03 Method. Determine the quantity of logging out units by measuring the slope distance along the trail centerline.

Payment

982.04 Basis Make payment, for all units inspected and accepted, at the unit prices SHOWN IN THE SCHEDULE OF ITEMS.

Make payment under:

Section 991 – Drainage Maintenance Description

991.01 Work. This work consists of cleaning all drainage structures such as: culverts, water bars, drainage dips, ditches, stream fords, gully crossings, puncheons and bridges. Drainage maintenance also includes removal of vegetation and debris from the disturbed (constructed) surface area of the drainage structure, such as ditches, catch basins, water bar spillways, sumps, etc.

Materials

991.02 Requirements. Use materials meeting the requirements of the following sections:

961 -- Rock, Grid Pavement Units, and Aggregate 962 – Materials for Timber Structures 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 trail bed.

Clean ditches to permit the free flow of water into culverts and away from the trail. Remove all woody vegetation that is within 1 ft. of the top of the cut-slope of all ditches and catch basins.

Scatter all unusable or unneeded material that is cleared from the drainage structures 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.

991.05 Water bars. Clean the upgrade side of all existing water bars and maintain them as SHOWN ON THE DRAWINGS. Use and compact suitable material removed from the upgrade side of wood and rock water bars to bring the trail tread flush with the top of those water bars on the downgrade side. Rubber belted water bars should have all debris removed from the upgrade and downgrade sides of the rubber belting in order to allow the rubber to flex as intended. Remove all accumulated soil and debris from the leadoff area and outlet ditches of all water bars until the drain is a minimum of 4 in. deep and ditches are a minimum of 12 in. wide with angled cut slopes as SHOWN ON THE DRAWINGS. All leadoff ditches must maintain a sustained negative grade until water flows freely down the hill slope.

991.06 Drainage Dips. Clean deposited material and restore drainage dips as SHOWN ON THE DRAWINGS. Remove all debris from the leadoff area of dips until the drain is a minimum of 4 in. deep and ditches are a minimum of 12 in. wide with angled cut slopes as SHOWN ON THE DRAWINGS. All leadoff ditches must maintain a sustained negative grade until water flows freely down the hill slope.

Use suitable material obtained by cleaning dips for fill on the downgrade side, removing rock more than 2 inches at its greatest dimension. Compact all material placed in the trail tread.

991.07 Trail Structures. Clean all debris off of the surface of all lumber decked trail structures, such as bridges and puncheons. Dispose of debris on the down slope side of trail out of 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 trail bed.

991.08 Stream fords and Gully Crossings. Remove debris and loose rocks over 2 inches from existing stream crossings to provide the tread width. Level and smooth the stream bottom with gravel or rock less than 2 inches in greatest dimension to provide a crossing.

Measurement

991.09 Method. Determine the quantity of drainage maintenance units by measuring the slope distance along the centerline. Measure other items by a count of those designated.

Payment

991.10 Basis. Make payment for all units inspected and accepted, at the unit price SHOWN IN THE SCHEDULE OF ITEMS.

Make payment under:

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.

ADDITONAL INSPECTION AND ACCEPTANCE REQUIREMENTS

A. Contractor Quality Control: Contractor shall maintain a Quality Control system outlining how quality of work will be monitored, supervision of crew and work, and personnel who will be performing the quality control. In addition, the Quality Control Plan must ensure: (1) monitoring of quality is timely, consistent, and accurate, (2) problems are resolved quickly and effectively, and (3) safety is maintained.

B. Government Quality Assurance Surveillance Plan: Unacceptable performance occurs when the contractor performance fails to meet stated performance standards. The government will not pay for unacceptable performance. The COR will document unacceptable performance providing a signed written copy to the contractor and Contracting Officer, keeping the original for his/her records. When unacceptable performance is observed, the COR will meet with the Contractor to ensure the Contractor is aware of the unacceptable service. The contractor may re-perform the work, if deemed possible, or a price deduction will be taken from any payments due the contractor. The Governments assessment of the work does not relieve the Contractor of its responsibility to provide a quality control inspection system as stated in FAR 52.246-4 Inspection of Services.

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.

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 Brushing Trail Maintenance Items shall be completed no later than 30 September 2016.

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.

(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.

(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 (DEC 2014)

FAR 52.212-4 Addendum to - Contract Terms (DEC 2014)

FAR 52.204-13 System for Award Management Maintenance (JUL 2013)

(a) Definitions. As used in this clause—

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal contractors.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR Subpart 4.14; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c) (1) (i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted

(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at http://www.acquisition.gov.

FAR 52.204-18 Commercial and Government Entity Code Maintenance (NOV 2014)

(a) Definition. As used in this clause–

“Commercial and Government Entity (CAGE) code” means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Contractor and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with Subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Contractor and Government Entity (CAGE) Branch. Requests for changes shall be provided on a DD Form 2051, Request for Assignment of a Commercial and Government Entity (CAGE) Code, to the address shown on the back of the DD Form 2051. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau or NSPA to request CAGE changes. Points of contact for National Codification Bureaus and NSPA, as well as additional information on obtaining NCAGE codes, are available at http://www.dlis.dla.mil/Forms/Form_AC135.asp.

(e) Additional guidance for maintaining CAGE codes is available at http://www.dlis.dla.mil/cage_welcome.asp.

AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants (FEB 2012) Alternate I (FEB 2012)

(a) This award is subject to the provisions contained in sections 433 and 434 of the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434, amended and/or subsequently enacted.

FAR 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates, provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within __60 days___.

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 within ________30 calendar days________________; provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 ___$70,000______.

FAR 52.222-99 Establishing a Minimum Wage for Contractors (DEVIATION 2014-0001) (OCT 2014)

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

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

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

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

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

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

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEPT 2013

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

FAR 52.229-3 Federal, State, and Local Taxes (FEB 2013)

(a) As used in this clause—

“After-imposed Federal tax” means any new or increased Federal excise tax or duty, or tax that was exempted or excluded on the contract date but whose exemption was later revoked or reduced during the contract period, on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the contract date. It does not include social security tax or other employment taxes.

“After-relieved Federal tax” means any amount of Federal excise tax or duty, except social security or other employment taxes, that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear, or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date.

“All applicable Federal, State, and local taxes and duties” means all taxes and duties, in effect on the contract date, that the taxing authority is imposing and collecting on the transactions or property covered by this contract.

“Contract date” means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification.

“Local taxes” includes taxes imposed by a possession or territory of the United States, Puerto Rico, or the Northern Mariana Islands, if the contract is performed wholly or partly in any of those areas.

(b) (1) The contract price includes all applicable Federal, State, and local taxes and duties, except as provided in subparagraph (b)(2)(i) of this clause.

(2) Taxes imposed under 26 U.S.C. 5000C may not be—

(i) Included in the contract price; nor

(ii) Reimbursed.

(c) The contract price shall be increased by the amount of any after-imposed Federal tax, provided the Contractor warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate increase was included in the contract price, as a contingency reserve or otherwise.

(d) The contract price shall be decreased by the amount of any after-relieved Federal tax.

(e) The contract price shall be decreased by the amount of any…