AG-02RC-S-17-0133_SlashingPiling_NPC.pdf

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2017 SLASHING AND PILING

AG-02RC-S-17-0133

North Fork Ranger District

Nez Perce-Clearwater National Forests

Clearwater County, Idaho

SCHEDULE OF ITEMS

ITEM 1 – NORTH FORK DISTRICT (North Zone)

Sub-item

Unit Name and Number

Quantity

*Unit

Unit Price

Total Amount

1.1

Middle Bugs 5A & 5B

*Acre

TOTAL PRICE =

155 Acre $

DESCRIPTION PRICE

WALK-IN PER PERSON PER HOUR $

*Some unit acreages may be estimates at this time and will be traversed prior to payment. Payment will be made for actual acres treated and accepted.

CONTRACTOR/QUOTER RESULTS IN AN AWARD.

Signature: Phone:

Printed Name: Fax:

Business Name: DUNS #:

Address: Email:

AGAR 452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

Name of Project Foreman/Superintendent:

(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.

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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.

Basis of Award. The Government may award one contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be the best value to the Government: price, past performance, experience and other factors will be evaluated.

Incidental Payment Items. The intent of this contract is to provide for the complete services of the project described in this contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies, and perform all work required to complete the project in accordance with the drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay Items included in the Schedule of Items. All other work and materials will be considered as incidental to, and included in, the payment for the Items shown.

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CONTRACT CLAUSES

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

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

Regulations – http://www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.212-4 -- Contract Terms and Conditions -- Commercial Items. (JAN 2017)

(End of Clause)

ADDENDA TO FAR 52.212-4 – Contract Terms and Conditions – Commercial Items (JAN 2017)

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF CONTRACT

The objective of this treatment is to slash conifer trees and brush or shrubs and hand pile fuels materials to achieve pile burning for site preparation prior to planting tree seedlings.

The work required by this contract consists of slashing conifers and brush species, hand piling fuels materials and related work in compliance with its terms, specifications, and provisions. This includes furnishing all labor, equipment, supervision, transportation, operating supplies, and incidentals except those items listed as

Government-furnished property.

AGAR 452.211-74 Period of Performance. (FEB 1988)

The period of performance of this contract is from the date of Notice to Proceed through October 20, 2017.

The estimated start date is August 15, 2017.

LOCATION AND DESCRIPTION

The work is located on the North Fork Ranger District of the Nez Perce-Clearwater National Forests.

Information pertinent to the project unit are listed on the Summary Information Chart. The Summary

Information Chart is a separate document.

(a) Boundaries. Unit boundaries are obvious on-the-ground features or will be flagged where the boundaries aren’t clearly defined.

PROJECT ACCESS

(a) Access. The project areas may be reached by forest roads that are accessible by standard two wheel drive pickup truck equipped for mountain driving during the normal operating season, unless otherwise stated on the Summary Information Chart. However, not every road shown on the maps can necessarily be used for vehicle access. The Government assumes no obligation to plow snow or do special maintenance to keep roads open. The Government will do what is considered reasonable for the initial opening of roads. There may be a walk-in of approximately 3000 feet from the 104 road through the woods to the unit.

http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

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(b) Gates. The sub-item maybe behind a locked gate, which requires written authorization and combination locks for access. Contractors will be allowed access behind the gates to conduct site visits and to perform the work. Offerors are advised to make arrangements at least 48 hours in advance to access units behind the gates. For more information and to obtain authorization, contact the following individual:

(c) Motorized Equipment. Use of motorized equipment (such as All-Terrain Vehicles) other than hand held equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the Contracting Officer.

DEFINITIONS OF TECHNICAL SPECIFICATIONS AND TERMS

(a) DBH (Diameter Breast Height) - Diameter of the tree trunk measured at a point 4 ½ feet above the ground level on the uphill side of the tree.

(b) DSH (Diameter Stump Height) – Diameter of the trunk measured at a point 8 inches above the ground level on the uphill side of the tree.

(c) Fuels – Tree limbs, trunks, brush limbs, woody debris. Includes slash generated by the contractor, pre-existing natural fuels and existing logging slash.

(d) Reserve or Leave Trees – Any tree that was designated or selected to be left standing during the harvest activity.

(e) RHCA. Resource Habitat Conservation Area. Protected areas along streams where no cutting or piling shall take place.

TECHNICAL SPECIFICATIONS

SLASHING

(a) The Contractor shall fall all conifers, live and dead, that are greater than 2 feet in height and less than 6 inches DBH.

(b) The Contractor shall fall all brush or shrubs, live or dead, that are greater than 4 feet tall.

(c) All trees and brush designated to be cut, shall be completely severed from the stump by the

Contractor. Stump height shall not exceed 8 inches above the ground level or 4 inches above immediately adjacent obstacles.

(d) Trees and brush to be cut shall be felled away from unit boundaries, roads, trails, established game trails, fence lines, and established land corners. Any slash falling on such areas shall be removed.

HAND PILING

(a) All slash generated by the contractor shall be hand piled.

(b) All pre-existing natural fuels and existing logging slash greater than 4 inches in diameter shall be hand piled.

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(c) Hand piles will be 8 to 10 feet in diameter and 6 to 8 feet in height. Piles will not be built larger than

10 feet tall and 10 feet in diameter.

(d) Hand Piles shall be constructed to be compact and to facilitate full consumption when they are burned. Piles shall have a good base to prevent the pile from toppling. All fuels placed in piles will be perpendicular to the slope. Materials shall be piled parallel to each other, not crisscrossed.

(e) Piles shall be located outside of reserve/leave tree drip lines. Piles should be located a minimum of

10 feet from the edge of the reserve/leave tree drip lines.

(f) Hand piles will have a minimum of 48 inches X 48 inches of appropriate paper placed on the top of the pile and weighted in place to create a dry area for ignition in wet and snowy conditions. Suitable paper will be 75/85 weight heavy duty Kraft paper, waxed or similar.

http://pacforest.com/Category/Kraft-Clean-Burn-Slash-Pile-Paper

(g) Hand piling maybe preformed concurrent with the slashing operation.

RESOURCE PROTECTION

The Contractor shall exercise extreme care to prevent damage to existing facilities, developments, and resources. If existing facilities, such as roads, fences, erosion dips, trails, barriers, and drainage facilities are damaged, they shall be replaced or repaired at no cost to the Government.

There will be no slashing or piling inside any RHCAs.

There will be no salvage rights of cut material included in this contract.

CONTRACTOR QUALITY CONTROL

The Contractor shall provide quality control for all slashing and hand piling operations. The CO may request the contractor to submit a quality control plan in writing prior to the start of work. The Contractor is expected to conduct their own prompt inspections to ensure that all slashing and piling treatment requirements are being met. Government inspections are for payment determination only, and are not intended to be used as a quality control by the Contractor. Any delay in Government inspections will not cause the Government to be responsible for the Contractors slashing and hand piling quality.

The Contractor’s on site representative shall be fully conversant in the English language.

Post Award Conference: A post award conference with the successful quoter is required. It will be scheduled after award, prior to commencement of work, at a place and time to be determined.

Approval of Subcontracting: The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work and information shall be submitted on a SF1413 or other form requested by the CO. The written notification shall include as a minimum: 1) the name, address and telephone number of the subcontractor; and

2) the date upon which the subcontract was entered into and its duration.

http://pacforest.com/Category/Kraft-Clean-Burn-Slash-Pile-Paper

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ADDITIONAL INSPECTION AND ACCEPTANCE REQUIREMENTS

(a) The COR or Inspector will make periodic visual inspections. Payment will be based on full completion of all contract requirements for each subitem. Nonconformance with any of the specifications will classify the treatment as unsatisfactory and rework will be required to bring the treatment up to specification standards.

DELIVERIES OR PERFORMANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Performance Period. The contractor shall maintain progress at a rate, which will assure completion of the work within the period specified. The Government may restrict operations on weekends of expected high use.

The Government reserves the right to specify the sequence in which the work is performed.

AGAR 452.211-75 Effective Period of Contract (FEB 1988)

The effective period of this contract is from Notice to Proceed is issued through October 20, 2017.

The Government shall issue a Notice to Proceed as soon as weather and ground conditions are favorable for work. The count of contract time will start on the date specified on the Notice to Proceed. The Contractor shall maintain progress at a rate which will assure completion of work within the specified contract time.

Upon issuance of a Notice to Proceed, all work shall be performed during daylight hours, Monday through

Friday and Weekends 7:00am – 5:00pm, excluding federal holidays or as agreed to by the COR.

The Contractor shall maintain progress at a rate which will assure completion of work within the calendar time specified. A progress rate plan may be requested in writing upon the CO request.

MEASUREMENT AND PAYMENT

(a) Measurement. The areas to be slashed will be measured on a horizontal plane within the established boundaries.

(1) The Contractor may, at any time after award and before final contract release, request in writing, remeasurement of any subitem. Remeasurement shall be made within the established boundaries. If remeasurement indicates a variance of 5 percent or less in the acreage stated in the Schedule of Items, the

Contractor shall pay for the actual cost of remeasurement and no adjustment shall be made. If remeasurement indicates a variance greater than 5 percent in the acreage stated in the Schedule of Items, payemtn shall be based on the remeasured acreage and teh Government shall pay for the remeasurement.

BASIS OF PAYMENT

(a) Payment will be made for completed and accepted items at the awarded contract rates.

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CONTRACT ADMINISTRATION DATA

Pre-Work.

Pre-work conference. Before work begins on service contracts, a pre-work conference shall be held to discuss the contract--especially the specifications, labor provisions, plan of work and selected standard clauses. The pre-work meeting shall be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting will be held at a date, time and location to be determined by the Contracting

Officer after award.

Notice to Proceed.

No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed.

SPECIAL CONTRACT REQUIREMENTS

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.

Personal Protective Equipment

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

(b) Personal protective equipment, including personal protective equipment for eyes, face, head and extremities shall be provided, used and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

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

(d) The Contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters

Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

(e) The Contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

(f) The Contractor shall provide, at no cost to the employee and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

(g) The Contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-

2003.

(h) The Contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.

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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.

Fire Control

(a) Fire Protection Requirements - Fire Plan. During the fire season period, as specified by State law, the

Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved 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 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; and (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 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.

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(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 hand pump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as

Hoot Owl restrictions, necessary during periods of critical fire weather conditions. When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire-risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

(12) Pump and Trailer. NOT REQUIRED.

Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the

Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4

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Use of Premises

Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on National Forest land or lands administered by the Forest Service, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the Contractor. Such permission, if granted, will be without charge to the Contractor.

Camping and Worksite Compliance

If the Contractor intends to camp it shall be with prior approval by the District Ranger and the Contracting Officer.

The Contractor shall be aware of and abide by, the rules of the Kootenai National Forest applicable to Forest users.

All campsites and worksites require users to pack garbage out. The government will not be responsible for contractor created garbage. Within the developed campsites, campfires are only allowed within the designated fire rings. The Contractor is responsible for campsite and worksite cleanup and his/her employees conduct while camping or working on National Forest Land.

Any non-compliance will result in suspension of work until compliance is achieved. Final payment shall be withheld until the authorized camping area and worksite area has been cleaned up.

Contractor Information: The Contractor shall abide by the OSHA’s Field Sanitation Standard, Fact Sheet No.

OSHA 92-25, which applies to any agricultural establishment hiring 11 or more workers for hand labor.

Noxious Weeds/Equipment Cleaning In order to prevent the spread of noxious weeds the contractor shall clean all construction equipment prior to moving it to the project area. This cleaning shall remove all soil, plant parts, seeds, vegetative matter, or other debris that could contain or hold seeds. Only equipment inspected by the Forest Service will be allowed to operate within the project area. All subsequent move-ins of equipment to the project area shall be treated in the same manner as the initial move-in. This requirement does not apply to service vehicles, water trucks, pickups, cars, and/or similar vehicles.

Equipment shall be considered free of soil, seed, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment, components or the need for specialized inspection tools is not required.

Notify the Contracting Officer in writing at least 24 hours before moving any equipment onto the national forest. Notification will include an agreed upon location where the equipment will be available for inspection by the Forest Service. Inspection will be required after each subsequent cleaning.

The Contractor shall only use methods of cleaning and locations for cleaning approved by the Contracting

Officer.

New infestations of noxious weeds of concern to Forest Service and identified by either Contractor or Forest

Service, on the project area or on the haul route, shall be promptly reported to the other party. The Contractor and Forest Service shall agree on treatment methods to reduce or stop the spread of noxious weeds when new infestations are found. A current list of noxious weeds of concern to Forest Service is available at each Forest

Service office.

The initial cleaning will not be included in the measurement for payment. Payment under this item will only be made if subsequent cleanings are ordered by the Contracting Officer. Measurement shall be on an “each” basis, meaning one complete cleaning of all equipment required for this contract. Additional cleanings required by the

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Contracting Officer as a result of the Contractors failure to properly clean/remove vegetation will not be included for payment. Subsequent cleanings necessitated by the Contractor’s actions, but not directed by the

Contracting Officer, will not be included in the measurement for payment. Equipment may not be removed from the wash site until it has been inspected and approved. Should equipment be moved without approval, Contractor shall bear all costs of treatment to potential newly infected areas traveled by unapproved equipment.

Treatment performed by FS personnel, with FS supplies and equipment. Treatment shall mean weeds mitigation, spraying, and/or any other means deemed necessary by the Government to prevent weed migration.

Permits and Responsibilities The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits and for complying with any Federal, State and municipal laws, codes and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

Barricades, Warning Signs, and Other Devices

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

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

Administration and applicable safety codes.

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

Contractor Performance Assessment Reporting System

(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition

Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System

(CPARS).

(b) Contact Information. At the Prework Meeting, the name and email address of the Contractor Representative will be required.

(c) Assessment. Upon completion of the work associated with the contract/delivery orders, an evaluation will be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation.

Idaho Workers Compensation Law

(a) Prior to award of any contract subject to Idaho Workers' Compensation Laws, the Contractor must provide a completed State of Idaho Certificate of Verification of Workers’ Compensation Insurance form to the

Government. This form will be submitted to the Idaho Industrial Commission by the Government in order to

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(b) A copy of the State of Idaho Certificate of Verification of Workers' Compensation Insurance form has been provided for use in the Attachments and shall be completed and submitted as part of the offer.

(c) This certificate of verification shall be fully executed by the Contractor and signed by the Industrial

Commission Compliance Officer prior to award of the contract.

(End of Clause)

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

Commercial Items (Jan 2017)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations

Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

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

X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016)

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

X (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).

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

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

632(a)(2)).

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

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

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

X (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

13627).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA and NASA will publish a document in the

Federal Register advising the public of the termination of the injunction.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)

(E.O. 13513).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

X (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013)

(31 U.S.C. 3332).

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

X (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor

(29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe

Benefits

Forestry/Logging Heavy

Equipment

Operator

WG-8 $22.96

General Forestry Laborer WG-2 $13.51

Forestry Equipment Operator WG-6 $19.88

AG-02RC-S-17-0133 / Slashing and Piling / NPC / North Fork R.D. Page 14 of 17

X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

X (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

AG-02RC-S-17-0133 / Slashing and Piling / NPC / North Fork R.D. Page 15 of 17

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

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

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O. 13627).

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

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May

2014) (41 U.S.C. chapter 67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at

$50 million for solicitations and resultant contracts issued from October 25, 2016 through April

24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

AG-02RC-S-17-0133 / Slashing and Piling / NPC / North Fork R.D. Page 16 of 17

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Service Contract Act of 1965: If this is a contract in excess of $2,500 the Act requires the Contractor to pay certain minimum wages to all service employees working under this contract. These required minimum wages are stated in the attached Register of Wage Determinations under the Service Contract Act. If no such Register is attached, the Contractor is required to pay no less than the minimum wage specified under Section 6(a)(1) of the

Fair Labor Standards Act of 1938, As Amended.

The following attachments are a part of this solicitation and any resulting contract (see separate document(s)).

01. Wage Determination No. 1995-0228, (Rev. 36), Dated 12/30/2016, (Separate attachment, 4 pages)

02. Experience Questionnaire. (Separate attachment, 2 pages)

03. Map(s) – Overview map and area map. (Separate attachment, 2 pages)

04. 2017 Slashing and Piling Summary Chart. (Separate attachment, 1 page)

AG-02RC-S-17-0133 / Slashing and Piling / NPC / North Fork R.D. Page 17 of 17

SOLICITATION PROVISIONS

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The quoter is cautioned that the listed provisions may include blocks that must be completed by the quoter and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the quoter may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

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

FAR 52.212-1 Instructions to Offerors- Commercial Items (JAN 2017)

FAR 52.212-2 Evaluation- Commercial Items (Oct 2014)

(End of Provision)

ADDENDA TO FAR 52.212-1 Instructions to Offerors- Commercial Items (JAN 2017)

System for Award Management (SAM): In order to be eligible for a contract award under this solicitation, quoters must be completely registered in the System for Award Management (SAM) via www.sam.gov.

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 www.ipp.gov to learn more.

Upon award of a contract, Contractors must enroll at www.ipp.gov/vendors/enrollment-vendors.htm.

Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

ADDENDA TO FAR 52.212-2 Evaluation -- Commercial Items (Oct 2014)

EVALUATION CRITERIA

The Government reserves its right to award one contract as a result of this Request for Quote. Award may be made to the Quoter whose quote, as determined by the Contracting Officer, provides the Best Value to the

Government, considering but not limited to, such factors as price, experience and past performance.

The Experience Questionnaire or different format if used addressing all areas of the Experience Questionnaire will be used as part of this evaluation.

For Solicitation questions please contact Darrin Jackson at (208) 765-7320.

For Technical questions please contact Clare Brick (208) 963-4208.

https://www.acquisition.gov/?q=browsefar http://www.usda.gov/procurement/policy/agar.html http://www.sam.gov/ http://www.ipp.gov/ http://www.ipp.gov/vendors/enrollment-vendors.htm