Solicitation_Grizzly_Snow_Plowing.docx

AG-02RC-S-14-0033 Moose Drool Phase III Snowplowing, Coeur d’Alene River R.D. Page 32 of 1

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

791446

2. CONTRACT NO.

3.AWARD/EFFECTIVE DATE

AG-02RC-S-16-0039

6. SOLICITATION ISSUE

DATE

03/14/2016

Darrin Jackson

b. TELEPHONE NUMBER (No collect calls) (208) 765-7230

8. OFFER DUE DATE/

LOCAL TIME

03/22/2016 4:00p.m. PST

9. ISSUED BY CODE |

USDA Forest Service

10. THIS ACQUISITION IS

[ ] UNRESTRICTED

[X] SET ASIDE 100 % FOR

[ ] EMERGING SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

[ ] SEE SCHEDULE

12. DISCOUNT TERMS

ORDER UNDER DPAS (15 CFR 700

3815 Schreiber Way Coeur d Alene ID 83815

[ ] HUBZONE SMALL BUSINESS

[ ] SERVICE DISABLED VETERAN-OWNED SMALL BUSINESS

[ ]8(A)

13B. RATING

NAICS: 115310

SIZE STANDARD: $7.0 Million

14. METHOD OF SOLICATION

[X ]RFQ [ ] IFB [ ] RFP

Idaho Panhandle National Forests FAX (208) 765-7229 3815 Schreiber Way Coeur d Alene ID 83815

FACILITY

CODE

TELEPHONE NO. DUNS #

E-Mail Address: ________________________ FAX NO.

INVOICE PROCESSING PLATFORM IPP

All invoices must be submitted electronically through the invoice processing platform ipp via: www.ipp.gov

17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUMBIT INVOICES TO ADDRESS SHOWN IN BLOCK 18A UNLESS BLOCK BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Grizzly Salvage – Snow Plowing. The furnishing of equipment on a fully operated basis with NO MINIMUM OR MAXIMUM GUARANTEE for use on the Coeur d’Alene River Ranger District. Work shall include, but may not be limited to: snow plowing, earthen barrier removal, brush and debris removal from driving surfaces of roads, and minor road maintenance.

Insert pricing in the Schedule of Items on Page 2 Instructions to Quoters in Section L, page 31

NOTE: Offerors must register in the System for Award Management (SAM) https://www.sam.gov, including Online Representations and Certifications Application (ORCA). See web page: https://www.acquisition.gov. See page 14 (t)

25. ACCOUNTING AND APPROPRIATION DATA

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

[ X ] 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5. [ X ] ARE [ ] ARE NOT ATTACHED.

[ ] 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA [ ] ARE [ ] ARE NOT ATTACHED

[X] 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ONE

TO ISSUING OFFICE, CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN [ ] 29. AWARD OF CONTRACT: REFERENCE OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH A11

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (Signature Of Contracting Officer)

30b. NAME AND TITLE OF SIGNER

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (Rev. 3/2005) Prescribed by GSA-FAR (48CFR 53.212

Grizzly Snow Plowing, Coeur d’Alene River R.D. Page 22 of 38

PART 1 – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES

Grizzly Snow Plowing Coeur d’ Alene River Ranger District Idaho Panhandle National Forests Shoshone County, Idaho

B-1 Schedule of Items:

*Designated Method of Measurement: AQ – Actual Quantities; LSQ – Lump Sum Quantities.

**Type I, Equipment Rental: Equipment used/selected specifically for snow plowing on asphalt/paved surfaces.

***Type II, Equipment Rental: Equipment used/selected specifically for snow plowing on gravel or native surfaced roads.

Note: LS = Lump Sum, HR = Hour, EA = Each

Estimated Quantities are for the purpose of evaluation of prices. Quantities Are Not Guaranteed.

Quoters List of Equipment: Contractors may use multiple pieces of equipment simultaneously and each piece of operated equipment will be recorded on a Daily Record. Different types of equipment may be used for Type I plowing depending on snow depths at time of award. Type I equipment may also be used on Type II plowing roads if the equipment is productive and meeting specifications according to the Contracting Officer. Please list all equipment considered for use in snow plowing in the table below and include an hourly operated rate for each.

Type I, Equipment Rental

Type II, Equipment Rental

Basis of Award. The Government will award to the quoter providing the best value to the Government. For purposes of price comparison for award, individual item prices will be used to calculate total “project cost” for orders consisting of 1 mobilization, 40 hours Type I equipment, 160 hours of Type II-quipment, and 1 move between sites for Type I and Type II Equipment Rental. Quotes showing the lowest total price technically acceptable will be considered for award.

B-2 Intent of Contract.

The intent of this contract is to provide the Government with the NON-GUARANTEED ESTIMATED QUANTITY of operated equipment rental, as specified in the Schedule, B-1. Quantities ordered will be paid for at the UNIT PRICE specified in the Schedule. The possibility of additional work requiring the same specifications and equipment may exist and may be identified during the period of performance, depending on funds availability. Refer to project specific plowing maps.

PART 1 – THE SCHEDULE

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Scope of Contract

Award of this solicitation requires the furnishing of equipment on a fully operated basis with NO MINIMUM OR MAXIMUM GUARANTEE for use on the Coeur d’Alene River Ranger District. Work shall include, but may not be limited to: snow plowing, earthen barrier removal, brush and debris removal, fallen tree removal from driving surfaces of roads, and minor road maintenance. Equipment use and operation tasks shall be given by the Contracting Officer’s Representative (COR) through the contractor or designated representative. All equipment shall be in good mechanical and operating condition and shall be operated by skilled operators experienced in the type of work for which the equipment is being ordered.

Pre-Award Site Visit. The Government is not hosting pre-award site visit(s) for the purposes of this anticipated contract; offerors are responsible for satisfying any questions they may have regarding site/ground/road conditions, distance(s) and any other related information that may affect their offer, prior to submission of offer, and prior to award of contract.

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is estimated to be 30 days. The estimated start date is March 28, 2016, but will be effective from the effective date of the Notice to Proceed through estimated end date of April 29, 2016.

C-2 Project Locations.

The project area includes the entire Coeur d’Alene River Ranger District. The following description is the route to the primary area intended for snow plowing.

To Forest Road 208: From the Coeur d’Alene River Ranger District in Smelterville, travel West on I-90 for 5 miles and take Exit 43 (Kingston). Turn right and travel 23.1 miles upriver on Forest Highway 9 (FH9) to the junction of FH9 and Forest Road 208. Bear left at the “Y” onto Forest Road 208 and travel 6.6 miles upriver to the junction of Forest Roads 208 and 602. Commence snow plowing where snow blocks passage on Forest Road 208. The following priority list was developed for initial desires for snow plowing sequence, but is subject to change. Refer to project specific maps for more details.

-115.977316° 47.819725°, -116.098234° Open

-116.071120°

-116.057357° 47.796270°, -116.057269° Closed Earth Berm

-116.081180° 47.802343°, -116.123764° Closed Gate

-116.098216° 47.813453°, -116.139007° Closed Gate

-116.069032° 47.775882°, -116.175223° Open

-116.086583° 47.785127°, -116.100019° Seasonal Gate

-116.099977° 47.784101°, -116.101586° Seasonal

-116.175223° 47.730605°, -116.114437° Open

-116.127058° 47.745933°, -116.096205° Open

-116.096205° 47.751260°, -116.080244° Open

-116.131360° 47.744728°, -116.158489° Open

-116.140200° 47.7431327°, -116.141303° Closed Gate

-116.143504° 47.720606°, -116.159973° Open Gate

-116.158489° 47.720482°, -116.160225° Closed Gate

-116.175223° 47.775869° -116.222356° Open

-116.208912° 47.797819° -116.204794° Open

-116.175223° 47.662273° -116.154282° Open

-116.158493° 47.722901° -116.115591° Open Gate

C-3 Technical Specifications The intent of this project is to open forest roads by removing snow, earthen barriers, debris (rock/dirt slides), and fallen trees. The possibility of large quantities of downed timber exist from strong winds and snowload in areas where fire was adjacent to the roadway. The opening of the designated forest roads is for administrative purposes on the Coeur d Alene River Ranger District of the Idaho Panhandle National Forests.

The use of a road grader is standard industry practice for Type I equipment (asphalt/paved road surfaces). The use of a crawler tractor with dozer is standard industry practice for Type II equipment (gravel or native surface roads). An excavator may be necessary to remove fallen trees and vegetation growing in the road surface. Equipment furnished must be fully equipped to include all operating supplies, and must be provided with a skilled operator. Generally, the equipment should meet the following specifications:

Bridge Restrictions: Overload permits are required for any vehicle which exceeds the maximum allowable gross vehicle weight of 80,000 pounds; if single axle loads exceed 20,000 pounds or tandem axle loads exceed 34,000 pounds; or if the vehicle exceeds the posted load limits for the bridge.

Snow and earthen barrier removal guidance:

· Leave 6 inches of snow on paved portions of Forest Roads 208 and 400. Sidecast excess snow off the road.

· Leave 2-4 inches of snow on un-paved roads. Sidecast excess snow off the road.

· Drainage relief shall be provided approximately every 150 feet or as needed.

· Turnarounds will be plowed out at the end of the road(s).

· Turnouts will be plowed.

· Remove snow from earthen barriers prior re-establishing road surface.

Structure and Road Pavement Protection

· Do not exceed bridge weight limits.

· Protect bridge curbs, decks, guardrails, and object markers. Bridge decks are concrete. See maps for bridge locations.

· Do not damage snowmobile route markers located at road junctions. Route markers consist of a concrete footing, telespar pole, and sign.

· Do not damage rolling dips.

· Do not damage gates.

· Do not damage pavement on Forest Service Roads 208 and 400. See maps for pavement location.

Vegetation (standing and downed trees and brush) removal guidance:

· Clear road surface a minimum of 12’ wide by 10’ high to allow passenger vehicle access such as pickup trucks and SUV’s. Multiple pieces of equipment may be necessary to clear vegetation from the road surface. Sidecast vegetation (brush and trees not meeting utilization standards) off the road.

· When plowing roads and trees are encountered in concentrations of 5 or more and they meet the utilization standards they shall be decked. When plowing roads within the burned area, all trees across the road shall be decked. Trees meeting utilization standards of 7” diameter breast height (DBH) shall either be cut in minimum 17’ lengths or whole tree decked along the roadside and parallel to the centerline in locations where the traveled way or sight distance will not be impaired. Deck timber so it can be loaded by a self-loading logging truck. The possibility of large quantities of downed timber exists from strong winds and snowload.

Excavator

· The engine shall be rated from 120 - 220 SAE net horsepower.

· Operating weight of 36,000 - 65,000 lbs.

· Rollover protection (ROPS)

· Back up warning device

· Tracked, crawler type.

· Bucket must be equipped with hydraulic "thumb", claw style with teeth

· capable of grasping material.

· Hook or Eye on backside of bucket to allow attachment of chain or cable.

· The minimum capacity of the bucket shall be one cubic yard.

· Equipped with a frame mounted hook/eye to accommodate attachment

· of a cable, chain or choker.

· Ice cleats/grousers

· 2004 model or newer (preferred) *Or similar type of equipment as approved by the Contracting Officer

Large Crawler Tractor with Dozer

· The engine shall be rated from 150-260 horsepower ISO 9249/SAE J1349 Net Power (Rated)

· Operating weight of 36,000-60,000 lbs.

· Rollover protection (ROPS)

· Back up warning device

· Hydraulic 6 way angle blade, 10’ minimum width

· Minimum track grouser height shall be maintained at 1.5 inches measured from top of shoe/pad to top of grouser excluding ice cleats/grousers

· Ice cleats/grousers

· 2004 model or newer (preferred) *Or similar type of equipment as approved by the Contracting Officer

Road Grader

· The engine shall be rated at least 100 horsepower.

· Blade assembly dimensions shall be at least 12 feet by 24 inches by 0.75 inch.

· The grader shall also have:

Operating weight of at least 20,000 pounds A wheelbse of at least 18 feet.

A tandem drive.

Tire chains available *Or similar type of equipment as approved by the Contracting Officer

Rubber-Tire End Loader

· The enginer shall be rated at least 100 horsepower.

· The minimum capacity of the end loader bucket shall be 2 cubic yards.

· The end loader shall be designed and the weight distributed so the machine is balanced when the bucket is full and raised.

· The machine shall be equipped with a standard heavy-duty radiator guard.

· The loader shall be all-wheel drive.

· Tire chains available

· 2004 model or newer (preferred) *Or similar type of equipment as approved by the Contracting Officer

Skid-Steer

· The engine shall be rated at least 61 horsepower

· Minimum operating weight of 6,200 lbs.

· Bucket or snow plow attachment

· Back-up alarm

· Rubber tracks or tires

· Tire chains available

· 2004 model or newer (preferred) *Or similar type of equipment as approved by the Contracting Officer

Method of Measurement. An hour consists of 60 minutes of actual operation of equipment on authorized Government work. Moving of equipment under its own power, when so ordered by the Contracting Officer, will constitute authorized work. Non-productive time such as, but not restricted to, lack of operating supplies or being stuck, or moving and loading time of equipment and specified accessories, shall not constitute "actual operation". When working on the hourly portion of the contract, the government may furnish a "Service" activity/inactivity vehicle motion clock recorder and an inspector to record the contractor’s hourly operational time.

Record of Work. The government will maintain a daily record for each piece of equipment showing:

(1) - Contract number and work item number applicable to the equipment.

(2) - Name of contractor.

(3) - Hours of operation authorized to nearest quarter hour.

(4) - Hour of actual operation on regular work.

(5) - Authorized hours of operation lost and reason.

Pollution and Erosion Control. During all operations under this contract, the Contractor shall exercise reasonable measures to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be stored and collected in a sanitary manner and disposed of in a State-approved sanitary landfill.

C-4 Moving of Equipment and Supplies

Noxious Weed Control. Prior to moving of the equipment to the worksite, the Contractor shall be required to clean all equipment prior to entry on to the project area. The equipment shall be washed thoroughly to remove all organic and mineral debris, including excess grease, from the machine. The Contractor shall request inspection of the equipment by the Contracting Officer Representatives and shall obtain the written approval of the COR prior to moving the equipment to the jobsite. The COR shall be given a minimum 48 hours’ notice prior. If the equipment is removed from the jobsite, the equipment shall be re-washed and re-inspected. Replacement equipment shall also be washed and inspected prior to moving to the worksite. This is considered incidental and no separate payment will be made. Failure to provide clean equipment may result in the rejection of equipment.

Moving of Equipment. The moving of equipment to the point of hire and moves between job sites shall be the contractor's responsibility and documented on the pay invoice.

Mobilization. Mobilization is defined, for the purposes of this contract, as moving equipment Type I and Type II, accessories, support equipment, and personnel to the point of hire and return to the point of origin at the conclusion of the project.

Payment: Fifty percent of the lump sum mobilization allowance, will be paid upon start up. Payment at start up will be for moving from the originating location to the point of hire. Payment at conclusion of the project will be 50 percent of the lump sum for the location of the point of release. No mobilization will be paid for replacement equipment.

Moves Between Sites. Moving of equipment between job locations shall be paid at the lump sum rate for Moves Between Sites. The method of moving equipment between job locations shall be determined by the Contracting Officer Representative and Contractor. When the COR determines that it is in the best interest of the Government for the equipment to be roaded under its own power to the next work site, the move will be paid at the hourly work rate in the schedule. The moving of support equipment and personnel between job locations shall be the Contractor’s responsibility and at the Contractor’s expense.

Replacement of Equipment. Contractor shall provide quality equipment capable of safely performing the work under the terms of the contract. If equipment is rejected because it does not meet minimum requirements, including but not limited to safety and operability, or if it becomes inoperative, the Contractor shall correct the deficiencies or furnish replacement equipment meeting contract requirements within 2 days. All repairs are the total responsibility of the Contractor.

Maintenance of Traffic and Use of Warning 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. Project 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. All signs and devices remain the property and responsibility of the Contractor. Work shall not be started until all the required signs are in place.

The Contractor shall erect warning signs 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 to the most recent edition of the Manual of Uniform Traffic Control Devices (MUTCD).

Immediately replace any device that is lost, stolen, destroyed, or inoperative. Remove all temporary traffic control devices upon contract completion or when approved.

Devices

· Required signs can be mounted on portable or temporary mountings. Standard MUTCD legends shall be used.

· Traffic approaching the work area from either direction or side approaches shall be warned by signing.

Equipment

· Vehicles and machinery not directly used in the maintenance operation shall be parked off the traveled way to minimize interference with the normal use of the road.

SAFETY. Contractors shall comply with OSHA regulations and provide employees a work environment that is sanitary and not hazardous, which includes providing personal protective equipment. Contractors must maintain a health and safety plan and an accident prevention program, which includes frequent and regular inspections of the project site, materials and equipment. Contractors are responsible for risk management regarding contractor/employee and public safety, which include experience of operator to handle road and terrain conditions, getting to the worksite, traffic control and coordination with other users.

SECTION E – INSPECTION AND ACCEPTANCE

E-1 Government Quality Assurance Inspection. The Government will, at its convenience, make periodic inspections of the work to assure contract compliance and will perform Quality Assurance Inspections to determine that the Contractor is performing quality control in accordance with their Quality Control Plan.

E-2 Acceptance. Acceptance of the work under the contract will be made after steps above have been taken and the COR has made the determination of satisfactory and payment will not be made until the Contractor has assured the Government that its Quality Control measures have corrected the deficiencies. Inspections after rework will be made in the same manner as the first inspection. The Contractor may be charged for actual costs incurred by the Governemnt for inspection of rework.

E-3 Rework and Reinspection After Rework. When inspection indicated that the performance objectives were not met, the work will be deemed unsatisfactory and payment will not be made until the Contractor has assured the Government that its Quality Control measures have corrected the deficiencies. Inspections after rework will be made in the same manner as the first inspection. The Contractor may be charged for actual costs incurred by the Government for inspection of rework.

SECTION G - CONTRACT ADMINISTRATION DATA

G- 1 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.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 1 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. 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 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. The Contractor shall provide at a location satisfactory to the Contracting Officer, a serviceable truck or trailer, equipped with a fire fighting tanker unit to be kept ready for instant use for suppressing forest fires. The unit shall consist of a tank of not less than 100-gallon capacity upon which shall be mounted a live hose reel or live hose basket with 250 feet of at least ¾-inch I.D. heavy-duty rubber hose; a portable or power takeoff pump with discharge capacity of at least 10 gallons per minute at 150 P.S.I. pressure. Gear type pumps shall be provided with a bypass or pressure relief valve so that the hose nozzle may be shut while the pump is operating. Each tanker unit shall have a hose nozzle of the shut-off type, adjustable for straight stream, spray or fog, at least 12 feet of 1-inch suction hose with an intake screen, and additional 250 feet of 3/4 –inch heavy-duty rubber hose or 1-inch cotton jacket rubber-lined or linen hose to be carried on the unit for use as needed. Tools, adapters, accessories and fuel necessary to operate the pump and truck or trailer shall be provided. If a trailer is used, a serviceable vehicle with proper trailer tow hitch shall be located at a point satisfactory to the Contracting Officer. Where water is available, a supply sufficient for rapidly filling the water tank shall be provided at one or more accessible points along or adjacent to the main truck roads.

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

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

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

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

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

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

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

H- 2 Loss, Damage, or Destruction

(a) 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- 3 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-4 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.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I-1 FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (May 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any…