AG-0398-S-14-0014.pdf

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GALLATIN NATIONAL FOREST: Smith Creek Hazardous Fuels
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AG-0398-S-14-0014
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AG-0398-S-14-0014

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

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

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

08/16/2014 697539

1 40

GALLATIN NATIONAL FOREST

PO BOX 130, 10 EAST BABCOCK AVENUE

BOZEMAN MT 59771

08/25/2015

USDA FOREST SERVICE

LIVINGSTON RANGER DISTRICT

5242 HWY 89 S

LIVINGSTON

MT 59047

406 587-6920ALANE FITZPATRICK

09/04/2014 1600 MD

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Gallatin National Forest: Smith Creek Hazardous Fuels Yellowstone Ranger District; Gallatin County, MT

001 Smith Creek Integrated Fuels Project - WFHF1114 Product/Service Code: F014 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- TREE THINNING

Delivery: 08/25/2015 FOB: Destination

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

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

AG‐0398‐S‐14‐0014

GALLATIN NATIONAL FOREST

Smith Creek Hazardous Fuels

SMITH CREEK HAZARDOUS FUELS

TABLE OF CONTENTS

SECTION B ‐ SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D ‐ PACKAGING AND MARKING

SECTION E ‐ INSPECTION AND ACCEPTANCE

SECTION F ‐ DELIVERIES OR PERFORMANCE

SECTION G ‐ CONTRACT ADMINISTRATION DATA

SECTION I ‐ CONTRACT CLAUSES

SECTION J ‐ LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION K ‐ REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

SECTION L ‐ INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

SECTION M ‐ EVALUATION FACTORS FOR AWARD

PART I – THE SCHEDULE

SECTION B ‐ SUPPLIES OR SERVICES AND PRICES/COSTS

B‐1 SCHEDULE OF ITEMS: Smith Creek Hazardous Fuels; Meagher County, Montana; Yellowstone Ranger District, Gallatin

National Forest (see ‘Special Notes’, p. 4)

ITEM DESCRIPTION

MEASUMENT ESTIMATED

QTY

UNIT TOTAL

METHOD* UNIT** PRICE PRICE

Item 1 Hand Chainsaw: Selective Thinning & Hand Piling (Total acreage for Item 1 is 55 acres)

Unit B1 Selective Green Tree Thinning and Hand Piling;

Standing Dead Tree Felling and Hand Piling. AQ AC 36 $ $

Unit B2 Selective Green Tree Thinning and Hand Piling;

Standing Dead Tree Felling and Hand Piling. AQ AC 19 $ $

SUBTOTAL PRICE – ITEM 1: $

Item 2 Hand Chainsaw: Selective Thinning & Hand Piling (Total acreage for Item 2 is 39 acres)

Unit D1 Selective Green Tree Thinning and Hand Piling;

Standing Dead Tree Felling and Hand Piling. AQ AC 39 $ $

SUBTOTAL PRICE – ITEM 2: $

Item 3 Hand Chainsaw: Selective Thinning & Hand Piling (Total acreage for Item 3 is 54 acres)

Unit H1 Selective Green Tree Thinning and Hand Piling;

Standing Dead Tree Felling and Hand Piling. AQ AC 37 $ $

Unit H2 Selective Green Tree Thinning and Hand Piling;

Standing Dead Tree Felling and Hand Piling. AQ AC 17 $ $

SUBTOTAL PRICE – ITEM 3: $

TOTAL PRICE – ALL ITEMS, 1 – 3: $

Price quotation furnished by:

Name: _____________________________________ Phone: ________________________________

Address: _____________________________________ Cell: ________________________________

_____________________________________ FAX: ________________________________

DUNS: _____________________________________ E‐Mail: ________________________________

*DESIGNATED METHOD OF MEASUREMENT **PAY UNIT ABBREVIATIONS

AQ ‐‐‐‐‐‐ Actual Quantity AC ‐‐‐‐‐‐‐Acre

Special Notes

1. The bidder must bid on all items. Round to the nearest cent.

2. In the event of an error in extending the bid prices, unit prices will govern, unless otherwise determined by the

Contracting Officer, in accordance with applicable regulations.

3. Offers for Quantities less than those listed in the numbered items may be rejected.

4. One contract will be awarded to the responsive and responsible bidder offering the best value to the Government

(see Section M – Evaluation Factors for Award).

5. The successful Contractor must be registered in the System for Award Management (SAM) data base (reference

Section I, FAR 52.204‐7) before an award is issued.

6. This is a Request for Quotation (RFQ); no public opening will be held. Results will not be made public prior to award. Quotes submitted in response to this RFQ will not be returned and will be retained by the U.S. Forest Service for official record purposes. This RFQ does not commit the Government to pay any costs incurred in the preparation or the submission of a quote, or to make any award.

7. Vendors are urged to thoroughly read the solicitation and to review all attachments prior to preparing and submitting a quote. Instructions for submitting a quote are located in Section L. Questions regarding quote submission may be directed to Alane Fitzpatrick, Contracting Officer, at 406‐587‐6920.

Smith Creek Hazardous Fuels

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C‐1 PROJECT DESCRIPTION AND LOCATION

a. Description of Work: This requirement encompasses hazardous fuels reduction on the Yellowstone Ranger District of the Gallatin National Forest over approximately 150 acres. This project includes hand thinning (using a chainsaw) and hand piling of conifer understory, standing dead, and regeneration conifer trees. The Smith Creek Hazardous Fuels Reduction project is a continuation of the Ranger District’s hazard fuels program to provide reduced wildfire intensities through vegetation treatments and reduced fuel loading. The hazardous fuels reduction treatments that will be implemented are intended to reduce potential wildfire intensity on National Forest System lands adjacent to public travel corridors, trailheads, private lands and private residences. The project objectives are to reduce wildland fire intensities by reducing hazardous fuel loading, to facilitate safer evacuation of the public, to allow firefighters safer access to the area, and to protect values at risk (e.g., infrastructure and trailheads).

The successful Contractor shall furnish all labor, materials, equipment (fully operated), supervision, transportation, supplies, and incidentals necessary to complete the work. All work shall conform to the Specifications and Maps included in this solicitation and any resultant contract. All work shall be executed in an organized, systematic manner to ensure that services are accomplished over the entire Unit/s.

b. List and Description of Items:

ITEM 1:

Hand Chainsaw Selective Green Tree Thinning and Hand Piling; Standing Dead Tree Felling and Hand Piling Total acreage for Item 1 is 55 acres

Units B1, B2 Level of difficulty: Canopy closure of treatment stand is less than 75%. Site is accessible or walk‐in of less than 3/4 mile is required. In a small portion of the unit, the slope averages 60%. Live trees to be removed will range up to 8‐inches in diameter. Trees in the 8‐inch diameter category are common. Trees up to 36‐inches in diameter are common. Areas within Units B1 and B2 contain high levels of mature timber blow down.

1) Selective Live Tree Thinning ‐ Hand thin live trees to achieve an average 25‐foot bole spacing as measured from boles of reserve trees. Hand thin trees less than 8‐inches Diameter at Brest Height (DBH) or less. The largest and most vigorous trees will be retained as spacing allows. Trees greater than 18‐inches in height shall be treated.

2) Selective Standing Dead Tree Removal ‐ Cut all standing dead trees 16‐inches or less in diameter unless marked as a leave tree. In units B1 and B2, at least five standing dead trees per acre will be marked as leave trees.

3) Slash Treatment ‐ Slash equal to or less than 6‐inches diameter and greater than 1/2‐inch diameter and longer than 2‐feet in length generated from thinning and dead tree removal will be hand piled and covered (reference Section C‐2, General Specifications).

ITEM 2:

Total acreage for Item 2 is 39 acres

Unit D1 Level of difficulty: Canopy closure of treatment stand is less than 75%. Site is accessible or walk‐in of less than

Smith Creek Hazardous Fuels

3/4 mile is required. Slope averages 45% or less. Live trees to be removed will range up to 8‐inches in diameter. Trees in the 8‐inch diameter category are common. Trees up to 36‐inches in diameter are common.

Areas within Unit D1 contain moderate levels of mature timber blow down.

1) Selective Live Tree Thinning ‐ Hand thin live trees to achieve an average 25‐foot bole spacing as measured from boles of reserve trees. Hand thin trees less than 8‐inches DBH or less. The largest and most vigorous trees will be retained as spacing allows. Trees greater than 18‐inches in height shall be treated.

2) Selective Standing Dead Tree Removal ‐ Cut all standing dead trees 16‐inches or less in diameter unless marked as a leave tree. In Unit D1, at least four standing dead trees per acre will be marked as leave trees.

3) Slash Treatment ‐ Slash equal to or less than 6‐inches diameter and greater than 1/2‐inch diameter and longer than 2‐feet in length generated from thinning and dead tree removal will be hand piled and

ITEM 3:

Total acreage for Item 2 is 54 acres

Units H1, H2 Level of difficulty: Canopy closure of treatment stand is less than 75%. Site is accessible or walk‐in of less than 1/8 mile is required. Slope averages 30% or less. Live trees to be removed will range up to 8‐inches in diameter. Trees in the 8‐inch diameter category are common. Trees up to 36‐inches in diameter are common.

Areas within Units H1 and H2 contain moderate levels of mature timber blow down.

1) Selective Live Tree Thinning ‐ Hand thin live trees to achieve an average 25‐foot bole spacing as measured from boles of reserve trees. Hand thin trees less than 8‐inches DBH or less. The largest and most vigorous trees will be retained as spacing allows. Trees greater than 18‐inches in height shall be treated.

2) Selective Standing Dead Tree Removal ‐ Cut all standing dead trees 16‐inches or less in diameter unless marked as a leave tree. In units H1 and H2, at least three standing dead trees per acre will be marked as leave trees. All snags within 100‐feet of a road will be treated.

3) Slash Treatment ‐ Slash equal to or less than 6‐inches diameter and greater than 1/2‐inch diameter and longer than 2‐feet in length generated from thinning and dead tree removal will be hand piled and

4) Firewood Piling ‐ Tree boles from thinned trees or felled dead trees lying within 100‐feet of the road, between 4‐inches diameter and 8‐inches diameter shall be limbed, cut to 3‐6 foot lengths, and decked in a corridor within 20‐feet of the East Fork of Smith Creek Road. These decks can be spaced throughout this corridor and shall be between 3 and 6 feet in height so they are easily visible to the public for firewood collection. Decks should be propped against leave trees or secured so not to roll downhill or fall apart.

Item Description Summary:

Item No.

Unit Acres Tree

Thinning Standing Dead Tree Removal

Slash Treatment

Firewood Piling

Hand Piling of Slashed Material

B1 36 B2 19 2 D1 39

H1 26

H2 17

c. Project Location: The project is located on the Yellowstone Ranger District on the Gallatin National Forest, Meagher County, MT. The Smith Creek project units are approximately 20 miles northeast of Wilsall, MT. These treatment areas are located near the East Fork of Smith Creek Road #6635, Smith Creek Road #991, and Road #6636. Specifically, the units are located in Section 1 of T5N, R9E and in Section 8 of T5N, R10E. All treatment unit boundaries are painted in FLUORESCENT PINK (appears red), and posted with white signs identifying the individual units. (Reference Section J for a general vicinity area map and unit maps).

d. Accessibility: The project area may be reached by traveling on Forest Service roads. The sites are accessible by using a standard two‐wheel drive pickup truck equipped for mountain driving when the roads are dry. If the roads are wet, use of a 4X4 vehicle will be required. The Government assumes no obligation to plow snow or perform special maintenance to keep roads open. Off‐road vehicle travel is not allowed in treatment units except along designated ATV routes, consistent with the Motor Vehicle Use Map for the Gallatin National Forest, Yellowstone Ranger District. Some access roads to project units have seasonal closures to motor vehicles and vehicle access behind these gates will not be granted when seasonal closures are in effect. Authorization to use closed roads may be negotiated on a case‐by‐case basis through the Contracting Officer (CO).

d. Subcontractors: All subcontractors must be identified by the time of the post‐award conference and must be approved prior to the issuance of the Notice to Proceed. Contractors shall submit a completed SF‐1413 form to the Contracting Officer for each subcontractor identified (an SF‐1413 form is attached in Section J).

e. Price Range: Between $25,000 and $150,000

f. Pre‐bid Tour: No pre‐bid tour will be conducted. Interested parties may contact David Day at the Yellowstone

Ranger District Office, 406‐222‐1892, for additional information or for directions to view the project site on their own. Contractors are urged to inspect the sites where the work will be performed.

Interested parties shall take reasonable steps to ascertain the nature and location of the project area and the work to be completed, as well as the general and local site conditions which can affect the work and cost of performance. Failure to take the actions described in this paragraph will not relieve the Contractor from the responsibility of properly estimating the difficulty and cost to successfully perform the work, or from successful completion of the work without additional expense to the Government.

g. Pre‐bid Conference: No pre‐bid conference will be conducted.

h. Start Work Date: Estimated start date for this project is fall of 2014 or spring of 2015, depending on weather conditions and Contractor’s preference.

i. Performance Period: All work shall be completed, including clean‐up, final inspection, and Government acceptance, no later than 25 August 2015. The Contractor shall maintain progress at a rate that will assure completion of work within the time specified above.

C‐2 GENERAL SPECIFICATIONS

a. Definitions:

Bole: The trunk of a tree.

Contracting Officer’s Representative (COR): The on‐site contract administrator for the Contracting Officer. The duties and responsibilities of the COR are defined in the letter of designation issued by the Contracting Officer

Diameter Breast Height (DBH): The diameter of the trunk measure at a point 4‐1/2 feet above the ground level on the uphill side of the tree.

Leave Tree: Any tree that is selected or required to be left standing and undamaged according to requirements in the specifications. Leave trees are the largest and healthiest trees available in the Units and shall be a minimum of 4‐inches DBH where available. Leave tree species preference is: 1) Douglas‐fir; 2) Englemann spruce; 3) lodgepole pine; and 4) subalpine fir.

Performance Period (also Period of Performance): The number of calendar days allowed in the contract for completion of contract work.

Quality Assurance: The actions taken by the Government to assess the work performed to determine that it meets the contract requirements.

Quality Control: The actions taken by the Contractor to control the work performed in a manner that ensures the work conforms to the contract requirements.

Slash: All cut material including tree boles, tree tops, tree limbs, and cut brush produced during contract operation. Only slash which is 1/2‐inch to 6‐inches in diameter and at least one‐foot or more in length shall be piled and covered.

Spacing: The horizontal distance from the trunk of one leave tree to the trunk of the next nearest leave tree.

Average spacing is calculated from the leave trees per acre.

Special Protection Area: A zone that has special characteristics such as riparian vegetation, wildlife calving areas, etc. that typically require special treatment. Special protection areas are excluded from treatment activities and shall be identified by the Government with YELLOW/BLACK striped flagging.

b. Project Activities:

1) Thin trees to widen crown spacing: All contract employees/Subcontractors shall be able to identify key tree species.

2) Leave the largest and healthiest trees when selectively thinning.

Leave tree preference is:

I. Douglas‐fir;

II. Englemann spruce;

III. lodgepole pine; and IV. subalpine fir.

Leave trees shall be at least 4‐inches in DBH where available.

3) If found, leave all 5 needle pines (Whitebark Pine). No Whitebark Pine trees shall be cut in any Unit.

Whitebark Pine trees shall not be factored in the 25‐foot tree spacing requirement.

4) Select against conifer trees showing signs of dwarf mistletoe infection when determining cut trees and reserve trees while selectively thinning. The COR can assist training the Foreman/Woman to correctly identify signs of this parasitic plant infection.

5) Stump height shall not exceed 4‐inches above ground level and shall be level.

6) Leave all hardwoods.

7) Remove conifers near aspen trees 5‐feet in height or more. Any aspen tree over 5‐feet in height counts toward live leave tree spacing. Do not cut any aspen. Do not make a pile within 10‐feet of an aspen.

Smith Creek Hazardous Fuels

8) Slash smaller trees to reduce ladder fuels and undesired excessive fuel loading.

9) Topping and limbing tree boles, cutting to specified lengths, and placing logs in small decks for public firewood. In Units H1 and H2, firewood will need to be decked within 100‐feet of a road.

10) Hand pile live and dead debris to achieve fuels reduction in standing and understory fuel material. Slash is defined as all cut material including tree boles, tree tops, tree limbs, and cut brush produced during contract operation. Only slash which is 1/2‐inch to 6‐inches in diameter and at least one‐foot or more in length shall be piled and covered.

11) Slash which is greater than 1/2‐half inch to 6‐inches in diameter and at least one‐foot or more in length may be left unpiled; however, attached tree tops or tree limbs shall be removed, piled, and covered in accordance with #10.

12) All piles shall be constructed by laying limbs, stems, boles and other slash in a tight, hay stack shaped configuration. Slash that causes large air spaces and gaps in piles shall be cut to facilitate tight packing. Each pile shall include small slash in its center to provide fine material for prompt ignition and to aid in combustion of larger debris, and every pile should have a good mix of the larger and smaller material throughout the entire pile. Unless approved by the CO, the maximum pile size shall be 10‐feet in diameter by 10‐feet in height; the minimum size shall be 7‐feet in diameter by 7‐feet in height. Slash shall not be piled on down logs, stumps, or placed in roadways, established/designated system trails or near trailheads, or in drainage ditches.

No slash will be piled within 15‐feet of a Streamside Management Zone (SMZ) or stream or within 10‐feet of aspen trees.

13) All slash that meets the piling requirements, and vegetation that is required to be piled under this contract, that originates in and falls or rolls outside of Unit boundaries, shall be pulled back into the Unit and piled and covered.

14) All Units are designated for hand piling slash; covering piles is required. All piles shall be covered with material provided by the Contractor. Material specified for use is either 4‐mil polyethylene plastic or slash pile wax paper. Pile covering shall be located in the upper 1/4 of the pile vertically and shall cover 75% of the surface area when viewed from above. All four corners and the middle of the covering will be anchored with slash or other debris. For each Unit worked, the Contractor shall maintain an inventory or tally record of pile numbers which will be provided to the CO.

15) Units H1 and H2: Boles from trees that are felled within 100‐feet of the road, and are 4 to 8‐inches in diameter, will be dragged to the road and stacked for public firewood use. The boles will be cut to 3 to 6‐foot lengths and shall be decked within 20‐feet of the East Fork of Smith Creek Road. The decks shall be between 3 and 6‐feet in height so they are easily visible to the public for firewood collection. Decks should be propped against leave trees or secured so not to roll downhill or fall apart.

16) Follow all mitigation requirements. Mitigation requirements pertain to all Units and are intended to minimize impacts to other resources (archeology sites, Forest Service road infrastructure, trailhead infrastructure, wildlife, Special Protection Areas, Streamside Management Zones, etc.).

c. Mitigation Requirements

Mitigation measures are required and are intended to lessen impacts to resources and/or help achieve desired conditions.

1) Special seasonal restrictions will apply. Fuels reduction activities will not be allowed during any open Montana deer or elk archery hunting season (September 1 – October 15).

Smith Creek Hazardous Fuels

2) No trees identified with orange paint shall be cut. No section or quarter section trees marked, inscribed, or tagged shall be cut. No blazed trees that signify property boundaries shall be cut.

3) Leave Tree Marking. Leave tree clumps and individual trees will be marked for the contractor to exclude from treatment. The leave trees clumps and individual trees will be identified with YELLOW & BLACK striped flagging.

4) Slash piles will be located in open areas that are outside the drip line of any live trees to minimize the mortality of leave trees.

5) Any Special Protection Area that is excluded from treatment will be identified by the Government with YELLOW/BLACK striped flagging.

6) The Contractor shall avoid driving equipment through areas where invasive weeds are present.

7) The Contractor shall leave all deciduous trees.

8) If archeological sites or artifacts are discovered while performing work, the Contractor shall notify the CO before continuing with work in the Unit.

9) The Contractor shall make every effort to minimize soil disturbance.

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.211‐72 Statement of Work/Specifications (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

(End of Clause)

452.211‐73 Attachments to Statements of Work/Specifications (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

(End of Clause)

SECTION D ‐ PACKAGING AND MARKING

For this section, there are no clauses.

SECTION E ‐ INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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): http://farsite.hill.af.mil/vffara.htm;

http://www.dm.usda.gov/procurement/policy/agar.html.

(End of clause)

52.246‐4 Inspection of Services – Fixed Price (AUG 1996)

E‐1 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 complete inspection of the work, and follow up of customer comments. When validating customer comments, the possible cause of the 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. Work that does not meet the contract requirements will be brought to the Contractor’s attention. Repetitive or continuous failure to meet the contract requirements may result in an adjustment to payments or termination of the Contractor’s right to proceed.

E‐2 PROJECT ITEM/UNIT INSPECTION

The Contracting Officer’s Representative (COR) will perform a final inspection of the completed project Unit/s within five days of Contractor notification that the Unit/s are ready for final inspection.

a. Government Quality Assurance: Quality assurance will be performed by the Government during performance of the work. Methods may include visual survey and/or review of Contractor quality control documents. Deduction for work may include rework at no cost to the Government or Government acceptance with price reduction.

b. Contractor Quality Control: The Contractor, not the Government, is responsible for management and quality control actions to meet the terms and conditions stated in the contract. The role of the Government is quality assurance to ensure contract standards are met.

Records of quality inspections shall be kept and made available to the Government throughout the performance period and for the period after contract completion until final settlement of any claims under this contract.

A quality control inspection plan shall be provided within 10 days of contract award notification. The plan shall include: 1) control procedures for security of Government‐provided items such as keys, and lock combinations;

2) location of the inspection documents; 3) corrective or preventive actions that will be taken to meet quality standards; and, 4) customer comments feedback system.

c. Slash Treatment , Limbing, Piling & Thinning: Acceptance will be determined based on adherence to the specifications stated in the contract (Contractor’s quality control), and verified by Government inspection.

Noncompliance with any of the specifications will render the treatment as unsatisfactory. Rework may be required to bring the treatment up to specification standards before work is allowed on the next unit. If rework is not achievable, a price reduction for unsatisfactory work performed will result.

SECTION F ‐ DELIVERIES OR PERFORMANCE

52.242‐15 Stop‐Work Order (AUG 1989)

52.211‐10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 25 August, 2015. The time stated for completion shall include final cleanup of the premises.

Smith Creek Hazardous Fuels

(End of clause)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

AGAR 452.211‐74 Period of Performance (FEB 1988)

The period of performance of this contract is from date of contract award through 25 August 2015.

(End of Clause)

AGAR 452.211‐75 Effective Period of the Contract (FEB 1988)

The effective period of this contract is from date of contract award through 25 August 2015.

F‐1 PERIOD OF PERFORMANCE

a. Estimated calendar days for completion of all Items: 70 days.

b. Special Seasonal Restrictions: Special seasonal restrictions apply. Fuels reduction activities will not be allowed during any open Montana deer or elk archery hunting season (September 1 – October 15).

c. Work Sequence: Work will commence on one Item at a time and shall be completed in full before work begins on another Item. If crews and equipment are sufficient, the CO may allow more than one Unit to be worked concurrently; however, each Unit must have a specific project Foreman/Woman assigned.

d. Work Progress: The Contractor shall maintain progress at a rate that will assure completion within the performance period.

SECTION G ‐ CONTRACT ADMINISTRATION DATA

452.215‐73 Postaward Conference (NOV 1996)

A postaward conference with the successful offeror is required. It will be scheduled within seven days after the date of contract award. The conference will be held at the Yellowstone Ranger District Office, 5242 Hwy 89 South, Livingston, MT 59047 or at another location agreed to by the parties.

(End of Clause)

G‐1 GOVERNMENT FURNISHED PROPERTY

The Government will provide the following items of Government Furnished Property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with FAR 52.245‐1, Government Property, located in Section I.

a. NONE

G‐2 BASIS OF PAYMENT

a. Payment shall be based on satisfactory performance of the work and on compliance with the terms and conditions specified in the contract.

Smith Creek Hazardous Fuels

SECTION H ‐ SPECIAL CONTRACT REQUIREMENTS

452.237‐74 Key Personnel (FEB 1988)

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

1) CONTRACTOR REPRESENTATIVE

2) FOREMAN/WOMAN

3) INSPECTOR

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.

H‐1 SITE INVESTIGATION

a. The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and

(5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

b. The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

H‐2 PERMITS AND RESPONSIBILITIES

a. 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

Smith Creek Hazardous Fuels 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.

H‐3 WEED‐FREE EQUIPMENT

a. In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the CO with proof of weed‐free vehicles/equipment.

b. The following is considered proof of weed‐free equipment:

1) The Contractor will be required to clean all vehicles/equipment (e.g., vehicles/equipment that is operated off of existing roads) prior to entrance onto Federal lands. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only vehicles/equipment inspected by the COR will be allowed to operate within the project area. All subsequent move‐ins of vehicles/equipment shall be treated the same as the initial move‐in.

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

H‐4 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.

b. All claims arising under this clause will be submitted to the CO.

H‐5 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION

a. Operations 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.).

b. Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man‐made channels. Wash water or waste 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.

c. Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting

Officer.

H‐6 STORAGE OF EQUIPMENT AND MATERIALS

a. Storage of equipment and materials shall take place only within areas approved by the CO.

H‐7 BARRICADES, WARNING SIGNS, AND OTHER DEVICES

a. 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 hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

b. 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

Smith Creek Hazardous Fuels 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.

H‐8 MAINTENANCE OF CLEAN WORKSITE CONDITIONS

a. The Contractor will maintain the project work area in a clean and orderly condition throughout the period of performance.

b. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

H‐9 CAMPING AND WORKSITE CONDITIONS

a. Camping shall be consistent with requirements set forth in Section I (reference FSAR 4G52.222‐705 – Camping Provisions for Labor Intensive Contracts).

b. The Contractor shall obtain a camping permit from the Custer‐Gallatin National Forest prior to camping on Forest Service land as per Yellowstone Ranger District requirements.

c. The Contractor shall provide a general camping plan to the CO by the date of the post‐award conference and shall provide a more specific plan prior to start work. Final payment may be withheld until the authorized camping area has been cleaned up to the requirements of the camping permit.

d. If the Contractor does not obtain a camping permit but requires his/her employees to obtain the camping permit, the Contractor remains responsible for campsite clean‐up and his/her employees conduct while camping on National Forest land.

H‐10 FOOD STORAGE ORDER

a. Information regarding the Custer‐Gallatin National Forest and Yellowstone Ranger District camping and food storage regulations may be obtained by contacting the Yellowstone Ranger District at 406‐222‐1892.

b. A copy of the Custer‐Gallatin National Forest Food Storage Order is provided in Section J.

H‐11 FIRE CONTROL

a. Contractor's Responsibility for Contractor‐Caused Fires. The Contractor, whether or not directed by the Forest

Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

b. Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the

Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire‐fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from firefighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

c. Fire Protection Requirements ‐ Fire Plan. At all times during closed fire season period, as specified by State law, the

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

1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under H.2.5.2. and H.2.5.4. below shall count toward fulfillment of the above requirement.

Where additional tools, beyond those required 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:

i. One ‐ fire extinguisher, dry chemical type of not less than 2‐1/2 pound capacity with 4 BC or higher rating.

ii. One ‐ shovel, round point #0 lady or equal.

iii. One ‐ ax, 2 pounds or over, 26‐inch minimum length, or one pulaski.

iv. 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 chainsaws, shall meet Society of Automotive Engineers J335b standards; (b) passenger‐carrying vehicles and light trucks may have baffle‐type mufflers with tail pipe; (c) heavy‐duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust‐driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

i. One ‐ shovel, round point #0 lady or equal. Shovel must be immediately available for use.

ii. One ‐ Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder‐type of not less than 1‐pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw or auger shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw or auger shall be moved at least 10 feet from place of fueling before starting.

5) Blasting. No Blasting.

Smith Creek Hazardous Fuels

6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5‐gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

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

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a

Contractor's operations. The following requirements may be imposed:

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

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

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

12) Pump and Trailer. Not required.

13) Burning. No burning.

Smith Creek Hazardous Fuels

PART II – CONTRACT CLAUSES

SECTION I ‐ CONTRACT CLAUSES

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): http://farsite.hill.af.mil/vffara.htm;

http://www.dm.usda.gov/procurement/policy/agar.html.

(End of clause)

52.204‐7 System for Award Management (JUL 2013) 52.209‐6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or

Proposed for Debarment (AUG 2013) 52.211‐18 Variation in Estimated Quantity (APR 1984) 52.215‐8 Order of Precedence – Uniform Contract Format (OCT 1997) 52.219‐6 Notice of Total Small Business Set‐Aside (NOV 2011) 52.222‐3 Convict Labor (JUN 2003) 52.222‐21 Prohibition of Segregated Facilities (FEB 1999) 52.222‐26 Equal Opportunity (MAR 2007) 52.222‐36 Affirmative Action for Workers with Disabilities (JUL 2014) 52.222‐41 Service Contract Labor Standards (MAY 2014) 52.223‐2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) 52.223‐5 Pollution Prevention and Right‐to‐Know Information (MAY 2011) 52.223‐6 Drug‐Free Workplace (MAY 2001) 52.224‐1 Privacy Act Notification (APR 1984) 52.224‐2 Privacy Act (APR 1984) 52.225‐13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.228‐5 Insurance ‐ Work on a Government Installation (JAN 1997) 52.232‐1 Payments (APR 1984) 52.232‐8 Discounts for Prompt Payment (FEB 2002) 52.232‐11 Extras (APR 1984) 52.232‐18 Availability of Funds (APR 1984) 52.232‐23 Assignment of Claims (JAN 1986) 52.232‐25 Prompt Payment (JUL 2013) 52.232‐33 Payment by Electronic Funds Transfer ‐ System for Award Management (JUL 2013) 52.233‐1 Disputes (JUL 2002) 52.233‐3 Protest after Award (AUG 1996) 52.233‐4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236‐2 Differing Site Conditions (APR 1984) 52.236‐3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236‐5 Material and Workmanship (APR 1984) 52.236‐6 Superintendence by the Contractor (APR 1984) 52.236‐7 Permits and Responsibilities (NOV 1991) 52.236‐13 Accident Prevention (NOV 1991) 52.237‐2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.243‐1 Changes – Fixed Price (APR 1984) 52.245‐1 Government Property (APR 2012) 52.245‐9 Use and Charges (APR 2012) 52.246‐20 Warranty of Services (MAY 2001)

Smith Creek Hazardous Fuels

52.246‐25 Limitation of Liability ‐ Services (FEB 1997) 52.249‐1 Termination for Convenience of the Government (Fixed‐Price) (Short Form) (APR 1984) 52.249‐10 Default (Fixed‐Price Construction) (APR 1984) 52.253‐1 Computer Generated Forms (JAN 1991)

452.236‐72 Use of Premises (NOV 1996) 452.236‐73 Archaeological or Historic Sites (FEB 1988)

52.222‐42 Statement of Equivalent Rates for Federal Hires (MAY 2014)

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

GS‐4, Step 5 $13.45 + Fringe Benefits as applicable GS‐5, Step 5 $15.05 + Fringe…

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