RFQSoliciationConeCollection.pdf

AG-02RC-S-16-0123 Cone Collection, Nez Perce-Clearwater NF – Commercial Item Page 3 of 21

SCHEDULE OF ITEMS

Area: Nez Perce-Clearwater NF, Includes all Ranger Districts

BASE YEAR: 2016

ITEM

NO.

DESCRIPTION

PAY

UNIT

(each)

EST

QTY

1/

UNIT

PRICE

1.1 PP Operational Cone Collection

(tree climbing)

Tree 60 $

1.2 PP Operational Cone Collection

(trees to be felled by Contractor)

Bushel 1 $

1.3 PP Operational Cone Collection

(trees to be felled by Government)

Bushel 1 $

1.4 WL Operational Cone Collection

(tree climbing)

Tree 60 $

1.5 WL Operational Cone Collection

(trees to be felled by Contractor)

Bushel 1 $

1.6 WL Operational Cone Collection

(trees to be felled by Government)

Bushel 1 $

1.7 WRC Operational Cone Collection

(trees felled by Contractor)

Bushel 1 $

1.8 WRC Operational Cone Collection

(trees felled by Government)

Bushel 1 $

1.9 LPP Operational Cone Collection

(tree climbing)

Tree 60 $

1.10 LPP Operational Cone Collection

(trees to be felled by Contractor)

Bushel 1 $

1.11 LPP Operational Cone Collection

(trees to be felled by Government)

Bushel 1 $

1.12 DF Operational Cone Collection

(tree climbing)

Tree 60 $

1.13 DF Operational Cone Collection

(trees to be felled by Contractor)

Bushel 1 $

1.14 DF Operational Cone Collection

(trees to be felled by Government)

Bushel 1 $

1.15 WBP Operational Cone Collection

(tree climbing)

Tree 60 $

1.16 No Climb rate Tree 1 $

AG-02RC-S-16-0123 Cone Collection, Nez Perce-Clearwater NF – Commercial Item Page 4 of 21

OPTION YEAR: 2017

UNIT

(each)

EST

QTY

\1

UNIT

PRICE

1.1 PP Operational Cone Collection

(tree climbing)

Tree 60 $

1.2 PP Operational Cone Collection

(trees to be felled by Contractor)

Bushel 1 $

1.3 PP Operational Cone Collection

(trees to be felled by Government)

Bushel 1 $

1.4 WL Operational Cone Collection

(tree climbing)

Tree 60 $

1.5 WL Operational Cone Collection

(trees to be felled by Contractor)

Bushel 1 $

1.6 WL Operational Cone Collection

(trees to be felled by Government)

Bushel 1 $

1.7 WRC Operational Cone Collection

(trees felled by Contractor)

Bushel 1 $

1.8 WRC Operational Cone Collection

(trees felled by Government)

Bushel 1 $

1.9 LPP Operational Cone Collection

(tree climbing)

Tree 60 $

1.10 LPP Operational Cone Collection

(trees to be felled by Contractor)

Bushel 1 $

1.11 LPP Operational Cone Collection

(trees to be felled by Government)

Bushel 1 $

1.12 DF Operational Cone Collection

(tree climbing)

Tree 60 $

1.13 DF Operational Cone Collection

(trees to be felled by Contractor)

Bushel 1 $

1.14 DF Operational Cone Collection

(trees to be felled by Government)

Bushel 1 $

1.15 WBP Operational Cone Collection

(tree climbing)

AG-02RC-S-16-0123 Cone Collection, Nez Perce-Clearwater NF – Commercial Item Page 5 of 21

OPTION YEAR: 2018

UNIT

(each)

EST

QTY

\1

UNIT

PRICE

1.1 PP Operational Cone Collection

(tree climbing)

Tree 60 $

1.2 PP Operational Cone Collection

(trees to be felled by Contractor)

Bushel 1 $

1.3 PP Operational Cone Collection

(trees to be felled by Government)

Bushel 1 $

1.4 WL Operational Cone Collection

(tree climbing)

Tree 60 $

1.5 WL Operational Cone Collection

(trees to be felled by Contractor)

Bushel 1 $

1.6 WL Operational Cone Collection

(trees to be felled by Government)

Bushel 1 $

1.7 WRC Operational Cone Collection

(trees felled by Contractor)

Bushel 1 $

1.8 WRC Operational Cone Collection

(trees felled by Government)

Bushel 1 $

1.9 LPP Operational Cone Collection

(tree climbing)

Tree 60 $

1.10 LPP Operational Cone Collection

(trees to be felled by Contractor)

Bushel 1 $

1.11 LPP Operational Cone Collection

(trees to be felled by Government)

Bushel 1 $

1.12 DF Operational Cone Collection

(tree climbing)

Tree 60 $

1.13 DF Operational Cone Collection

(trees to be felled by Contractor)

Bushel 1 $

1.14 DF Operational Cone Collection

(trees to be felled by Government)

Bushel 1 $

1.15 WBP Operational Cone Collection

(tree climbing)

AG-02RC-S-16-0123 Cone Collection, Nez Perce-Clearwater NF – Commercial Item Page 6 of 21

SCHEDULE OF ITEMS CONT’D

Basis of Award. The Government anticipates awarding one or more contracts to the quoters providing the best over-all value to the Government.

These quantities are current estimates. Payment will be made on actual number of bushels of cones collected.

Costs for getting to the work sites and moving between locations will be considered incidental to the ordered work, therefore the Contractor must consider this expense in the pricing.

Type of Award. Award(s) from this solicitation will result in a Requirements contract to provide anticipated services for a base year 2016 – 04/30/2017 and two option years for spring, summer, and fall tree improvement work.

The North Zone (NZ) Items shall take place on the Palouse and the North Fork Ranger Districts, the Central Zone

(CZ) Items shall take place on the Lochsa, Powell, and Moose Creek Ranger Districts, and the South Zone (SZ) items shall take place on the Salmon River and Red River Ranger Districts. This will result in a contract term from date of award through April 30, 2017.

Orders are limited by the availability of funds each fiscal year (see Availability of Funds, FAR 52.232-18).

Planned and estimated work presented in the Schedule will be ordered and accomplished to the extent possible within contract limitations.

Area(s) to be Considered.

1. Quoters may submit prices for one, two, or three zones they wish to be considered for.

2. For each Area a quoter must submit prices for all items within that area, base plus option items.

3. Only those quoters demonstrating the capability (i.e. more than one climber and ground contact), may be considered for multiple awards for multiple areas.

A quoter desiring to qualify their offer must complete the following:

My quote is limited to the following area(s):

___ North Zone (NZ) (Palouse and North Fork Ranger Districts)

___ Central Zone (CZ) (Lochsa, Powell, and Moose Creek Ranger Districts)

___ South Zone (SZ) (Salmon River and Red River Ranger Districts)

My quote is limited ____ number of awards (if quoter has the capability of more than one award for multiple areas)

Contractor/Quoter Name: _________________________________________________________________

Address: ________________________________________________________________________________

Telephone No.: ________________________________ Fax No.: ________________________________

Email Address: ________________________________ DUNS #: ________________________________

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SCHEDULE OF ITEMS CONT’D

DEFINITIONS

WBP – White Bark Pine

WP – White Pine

WL – Western Larch

PP – Ponderosa Pine

LPP – Lodge Pole Pine

DF – Douglas-fir

WRC – Western Red Cedar

1/ The estimated quantity of bushels is unknown, offerors should submit a price for one bushel.

Bushel Measurement: A standard metal one-bushel measure should be used to measure cones for sacking. A

U.S. standard bushel contains 2,150 cubic inches or equal eight U.S. standard dry gallons. A box that is 12 inches x 12 inch x 15 inches equals 2,160 cubic inches.

Estimated Quantity: Quantities shown are estimates only. Items to be quoted on a per tree basis reflect an estimated quantity that represents the maximum quantity likely to be ordered under each item in each year. Actual quantities will be specified via Work Order and are dependent on budgets, physiological development of plant materials, and availability of Government personnel to administer this work.

The Unit Tree Price will be paid for each tree located, climbed, and collected from.

The No-Climbing Price will be paid for each tree that was reasonably searched for and not found, or was found but not climbed, due to no cones or other reasons. Trees may be removed from the list of trees to collect from by the Forest Service contact person, before any effort is expended, with no price paid.

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CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

Federal Acquisition Regulations https://www.acquisition.gov/?q=browsefar

Agriculture Acquisition Regulations www.usda.gov/procurement/policy/agar.html

FAR 52.212-4 Contract Terms and Conditions – Commercial Items (MAY 2015)

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 30 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 30days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 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 3 years.

FAR 52.232-19 Availability of Funds for the Next Fiscal Year. (APR 1984)

Funds are not presently available for performance under this contract beyond February 28, 2017. The

Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the

Government for any payment may arise for performance under this contract beyond February 28, 2017, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment

Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

AGAR 452.211-74 Period of Performance. (FEB 1988) Base Year period of performance of the contract is from award of contract in 2016 through April 30, 2017.

Option Year 1 is May 1, 2017 – April 30, 2018

Option Year 2 is May 1, 2018 – April 30, 2019 https://www.acquisition.gov/?q=browsefar http://www.usda.gov/procurement/policy/agar.html

AG-02RC-S-16-0123 Cone Collection, Nez Perce-Clearwater NF – Commercial Item Page 9 of 21

AGAR 452.215-73 Post Award Conference. (NOV 1996)

A post award conference with the successful quoter is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at a place and time to be determined.

AGAR 452.236-72 Use of Premises. (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

AGAR 452.237-74 Key Personnel. (FEB 1988)

(a)The Contractor shall assign to this contract the following key personnel: Project Manager, Quality

Inspector, see Attached Experience Questionnaire

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the

Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

ADDENDA TO FAR 52.212-4 Contract Terms and Conditions – Commercial Items. (MAY 2015)

SCOPE OF WORK

Work consists of collecting cones on the Nez Perce-Clearwater National Forests. All quantities are estimates.

The average heights of the trees to be climbed are between 60-125 feet. The Contractor shall furnish all labor, transportation, supplies (other than Government Furnished), supervision, and incidentals necessary to perform all work safely and within the specifications.

The Contracting Officer’s Representative (COR) or Inspectors will assist the Contractor in locating trees and help handle the collected cones.

LOCATION AND DESCRIPTION

The work sites may be located on any district of the Nez Perce-Clearwater National Forests. The areas for collecting cones are accessible by 4-wheel drive vehicle. An estimated two thirds of the trees for climbing and collecting are within 200 feet of the road. The remaining one third of the trees may be up to 500 feet from the road.

The Government shall be responsible for monitoring the cone crop to determine the appropriate time to begin harvest. Cone quality will be determined by the Government at the time of harvest. Once harvest is initiated, the

Contractor shall be responsible for completion of harvest prior to cone flaring and harvest by squirrels. Because

AG-02RC-S-16-0123 Cone Collection, Nez Perce-Clearwater NF – Commercial Item Page 10 of 21 this time frame is very limited, it is imperative that work be started promptly after conditions for cone harvest become suitable, and completed in a timely manner so as to avoid cone loss.

GOVERNMENT FURNISHED MATERIALS

The Government will provide the following listed supplies and services.

(1) Map showing location of designated collection trees.

(2) Cone collection bags and twine to tie bags closed.

(3) Colored flagging to tie on cone bags to identify multiple bags from the same tree.

(4) Cone identification tags (to be completed by the Government).

(5) The Government will determine seed ripeness and direct the Contractor to commence cone collection or to discontinue the collection for each individual tree.

TECHNICAL SPECIFICATIONS

Cone Collection. All cones collected under this contract are and shall remain the property of the Government.

The delivery point is the administering District Ranger Station, and will be specified on each order. Climb and harvest mature cones from previously identified trees as prescribed by the terms of the contract. A list of trees will be specified in the order. A Government inspector will assist the Contractor in locating the trees to be climbed and help in handling the collected cones. If no inspector is on site during the climb, a piece of flagging will be hung in the crown where the collection has been made. The color of flagging will be determined by the COR at the pre-work.

Seed Cone Source. Cones shall be harvested only from Government-designated trees. The Contractor is expected to climb all trees designated for picking in the Work Order. If directed by the COR or the Inspector, the

Contractor may be required to climb trees and collect cones for sampling seed count. If no further cone collections are made from that tree, the Contractor will be paid the quoted rate for climbing that tree.

Any designated tree the Contractor declares unsafe to climb shall be reported to the COR, specifying the reason the tree is not safe to climb including the nature and location of the hazard. The COR will designate, verbally or in writing, an acceptable substitute tree or delete the tree from the Work Order.

Cones may be damaged by disease, frost, or insect attack, or may be harvested by squirrels. If the COR or

Inspector determines that there are not enough cones or seed count is too low to warrant picking, the Contractor will be notified verbally and with documentation in writing not to pick that tree, and the tree will be deleted from the Work Order.

Cones cut by squirrels shall not be collected.

Seed Cone Standards. All cones harvested shall be from the current calendar year seed cone crop. It is the

Government’s responsibility to determine the quality of the cones prior to collection. The COR may require the

Contractor to pick sample cones from designated trees.

The COR or Inspector may determine cone quality on the basis of the cut cone test. A minimum of 3 cones for each individual tree collection may be sampled to determine cone quality. All cut tests will be made by slicing the cone lengthwise through the central axis. Number of sound seed is determined by counting exposed seed on one open cone face. Cones must meet average cut count per cut face as determined by COR or Inspector. Seed will be considered sound when the endosperm and embryo are developing normally and there is no evidence of insect, disease, climatic, or other types of damage.

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If cone quality is so low that minimum cone quality standards are not met, cone collection efforts may be stopped.

The COR may terminate all or any portions of the collections or may direct the Contractor to collect in other collection areas.

The actual seed condition will vary by species but in general is considered mature when the embryo fills 90% or more of the embryo cavity and is a cream or pale yellow color. The surrounding storage tissue (endosperm) will have a firm consistency and not a viscous, milky condition. The seed coat and seed wing will have darkened in color and be easily lifted from the cone scale.

Cone Collection Standards. The Contractor shall harvest cones only from the top 2/3 of trees identified by the

Government for collection. Cones shall not be collected from the lower 1/3 of the live crown unless authorized by the Government. Cones shall be from the current calendar year and meet the Seed Cone Standards stated above. The Contractor shall collect mature, sound cones in the quantity specified in the Work Order. Cones must be dry, free of mold, and not showing damage by animals, insects, or disease or physical damage. The Contractor shall notify the COR when cones are not sufficiently mature or if they do not meet the quality standards for collection.

Branches shall be pulled to the picker by the use of limb hook with a handle allowing a minimum reach of eight feet, unless another type of equipment has been authorized by the Contracting Officer.

All cones shall be picked and placed into bags in the tree and lowered to the ground to avoid mechanical damage to seed and to avoid contamination of cones by soil bearing fungi. Bagged cones shall not be thrown or dropped out of trees. Cones shall be protected from moisture and heat. Cones shall not be damaged during any phase of picking or transporting. No payment will be made for climbing and collection of cones that have been damaged.

The Contracting Officer may suspend work until proper procedures are being followed.

Cones from each tree shall be bagged separately. Bags will be furnished by the Government. Bags shall be free of debris (such as twigs, needles, cone stems, cones of other tree source). The bag shall be tied securely shut approximately 3 inches from the top of the bag.

For each bag, the Government shall provide two cone tags (R1-FS-2470-15), using the information from the actual collection site and information provided in the Information Chart in the Work Order. One tag shall be place inside the bag at the top, and the other securely fastened on the outside of the closed bag. In addition, flagging shall be tied to each bag to identify multiple cone bags from the same tree. The color of flagging used shall be the same for each bag from the same tree.

Cone Delivery. Cone lots shall not be contaminated with cones of other cone lots or contain an excessive amount of pine needles, debris, or trash.

All cones shall be loosely packed in clean Government-furnished 2 bushel bags, with no more than one (1) U.S.

bushel of cones per bag. Collected cones shall be submitted to the COR or Inspector each day for inspection and acceptance. The COR or Inspector will accept delivery of contract seed cones at the base of the tree from which they were harvested, or at the location mutually agreed upon in writing by the COR and the Contractor.

INSPECTION AND ACCEPTANCE

(a) Inspections will consist of field observations of tree climbing, caging, and cone picking to verify compliance with contract terms. The COR or a designated Inspector shall inspect each tree and delivered bag of cones for compliance with the specifications.

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(b) Acceptance will be based on 100 percent visual inspection for adherence to the specifications. If inspection shows unacceptable work, the Contractor will be required to correct deficiencies in order to comply with specifications. If COR determines work is correctable, the Contractor will be required to rework.

Contractor Quality Control Inspection. The Contractor is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to ensure contract standards are met.

Quality Assurance Inspections.

(a) The Government will perform periodic review of the Contractor's Quality Control Procedures, Plan, Inspection

Reports, and customer comments.

(b) Quality Assurance Inspections will be made by random sampling or entire inspection of the work, and follow up of customer comments. When validating customer comments, the possible cause of unacceptable performance will be determined. If any Government action or lack of action was the cause, the complaint is not valid and deficiencies shall not be counted against the Contractor.

(c) Periodic means one (1) review each month, but may be done more frequently if necessary.

(d) Work that does not meet the contract requirements will be brought to the Contractor's attention. Repetitive or continuous failure to meet contract requirements may result in a quality adjustment to payment or the Contractor's right to proceed may be terminated.

CONTRACT ADMINISTRATION DATA

Work Orders. Specific work will be ordered with a Work Order. The Work Order may be initially issued orally, but shall be documented in writing. Facsimile orders are acceptable if followed with original signed acknowledgement. Work Orders will be issued by the CO in the Forest Supervisor’s Office, Coeur d’Alene, Idaho. Additional Work Orders may be issued throughout the work season, as needed.

Notice to Proceed. A Notice to Proceed will be issued in writing by the Contracting Officer. No work shall begin until receipt of this notice. Supplies should not be purchased prior to the Notice to Proceed or the Contractor will not be reimbursed in the case of a termination of the contract. Contract time shall commence on the day indicated on the Notice to Proceed.

Notification of Subcontracting. The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

(a) The name, address and telephone number of the subcontractor.

(b) The date upon which the subcontract was entered into and its duration.

(c) A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

(d) Documentation of the subcontractor's representative authority.

(e) Idaho Workers Compensation Verification form completed and submitted to Contracting Officer for subcontractor.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Certain contract clauses are required to be in any subcontracting agreement under this contract. Request a subcontracting form from the Contracting Officer to provide documentation that terms and conditions are provided to the subcontractor.

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Payments. Invoices must be submitted through the Invoice Processing Platform (IPP). Upon award of a contract, the Contractor must enroll at www.ipp.gov/vendors/enrollment-vendors.htm. The Contractor shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted for payment.

Designation of Contracting Officer’s Representative. The Contracting Officer will designate a COR at the time of contract award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).

On all matters that pertain to the contract terms and conditions the Contractor must communicate with the

Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

SAFETY AND WORKSITE CONDITIONS

Tree Climbing Standards.

(a) The Contractor shall take all precautions necessary to prevent excessive damage to trees. The Contractor shall provide all personal protection and tree climbing equipment, and a collapsible pole or branch hook for pulling the branches toward them to reach the cones. Living branches shall not be deliberately broken, barked, or cut nor shall tree trunks be skinned or peeled to cause excessive damage to the cambium. If the COR determines that excessive damage is occurring, the Contractor’s right to proceed will be suspended until the proper corrections have been made. Rappelling out of the crown is allowed.

(b) The Contractor assumes all risks of loss or damage to his/her equipment and injury to self or employees, and will hold and save the Government and its employees harmless from liability of any nature or kind resulting from performance of this contract, except for negligent acts of Government employees.

Camping and Worksite Conditions. The Contractor shall obtain a camping permit from the District Office where the work is being performed on, prior to camping on Forest Service land. Final payment shall be withheld until the authorized camping areas have been cleaned up to the requirements of the Camping Permit.

Crew Safety. The Contractor shall comply with the safety requirements of the Forest Service Safety and Health

Program Handbook (FSH 6709.12), the National Tree Climbing Guide and, FSH 6709.11 (See Section J, Exhibit

C), Health and Safety Code Handbook, section 22.49. At the request of the Contractor, alternate procedures may be approved by the Contracting Officer that meet the intent of Forest Service safety requirements, but differ in actual practice. The Forest Service National Tree Climbing Guide (Technical Report 0567-2819-MTDC, March, 2005, may be found at:

http://www.fs.fed.us/treeclimbing/policy/guide/tree-climbing-field-guide-2005-edition.pdf http://www.ipp.gov/vendors/enrollment-vendors.htm http://www.fs.fed.us/treeclimbing/policy/guide/tree-climbing-field-guide-2005-edition.pdf

AG-02RC-S-16-0123 Cone Collection, Nez Perce-Clearwater NF – Commercial Item Page 14 of 21

(a) The Contractor shall follow all Federal, State, and local safety laws and regulations applicable to the contract work to be performed.

(b) The Contractor shall:

(1) Provide a statement of technical capability and the number of years the Contractor has performed tree climbing work.

(2) Document the qualifications or skill level of individual personnel who will execute the provisions of the contract.

(3) Specify the techniques and safety practices planned and/or equipment to be used for the contract.

Safety Plan. The Contractor shall provide a written, job-specific safety plan for the inherently hazardous conditions that exist during Tree Climbing and Cone Collection prior to beginning work.

The safety plan shall include and address:

A statement of technical capability and the number of years the contractor has performed tree climbing work.

Documented qualifications or skill level of individual personnel assigned to the work.

List of emergency phone numbers (work, home) for each person in field.

Specify the techniques and safety practices planned and/or equipment to be used for this contract.

Inherently hazardous conditions that could lead to serious injury or loss of life include: tree conditions, small animals in trees, bees in trees, falling branches, wind speed and equipment hanging up in tree and/or falling when rappelling from tree.

Only certified tree climbers climb trees, and must have one other person on site.

No climbing in the rain or if bark is wet.

Safety of general public or USFS personnel in the work area.

The Contractor shall comply with the safety requirements of the National Tree Climbing Guide. At the request of the Contractor, alternate procedures may be approved by the Contracting Officer that meet the intent of Forest Service safety requirements, but differ in actual practice.

The contractor shall follow all Federal, State, and local safety laws and regulations applicable to the contract work to be performed including FSH 6709.11, Health and Safety Code Handbook, 22-49 Tree

Climbing.

Loss, Damage, or Destruction. Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment. All claims arising under this clause shall be submitted to the Contracting Officer.

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 Government. Payment for such services will be

AG-02RC-S-16-0123 Cone Collection, Nez Perce-Clearwater NF – Commercial Item Page 15 of 21 made by the Government at not less than the current rate for fire-fighting services established by the Government in the area concerned.

Any employees and equipment furnished will be relieved from firefighting as soon as the Government 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 hand tool 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 Government.

(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 Government. Exceptions where the Government 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) 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.

(5) 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 Government when unusually hazardous conditions exist.

(6) 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.

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(7) 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.

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.

AG-02RC-S-16-0123 Cone Collection, Nez Perce-Clearwater NF – Commercial Item Page 17 of 21

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

Commercial Items. (Mar 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78

(19 U.S.C. 3805 note)).

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

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct

1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of

Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)

(Pub. L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

(41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT

2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]

XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Oct 2015) of 52.219-9.

XX (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15

U.S.C. 657 f).

XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

XX (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items

(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and

13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s

13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

XX (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

(E.O. 13513).

__ (41) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-

182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (43) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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