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Chippy Fire Burned Area Emergency Response-Road #882 Federal contract opportunity
Solicitation number
AG-03R6-S-08-0100
Issued by
Department of Agriculture Forest Service R1-Northern Region

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REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ X IS IS NOT A SMALL BUSINESS SET- ASIDE 1 29

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

AG-03R6-S-08-0100 6/23/2008 UNDER BDSA REG. 2 �

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date) USDA – Forest Service Western Montana Acquisition Zone Bldg. 24, Fort Missoula Missoula, MT 59804

See Contract Time

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION NAME TELEPHONE NUMBER X OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

Ron Penrose 406 329-3979 a. NAME OF CONSIGNEE

8. TO: Sec. C - Location & Description

a. NAME b. COMPANY b. STREET ADDRESS

c. STREET ADDRESS c. CITY

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

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

7/8/2008 4:00 pm 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)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(a) (b) (c) (d) (e) (f) Chippy Fire Burned Area Emergency

Response – Road #882 Lolo National Forest

Plains Ranger District Sanders County, Montana

PLEASE PLACE YOUR QUOTE IN SECTION B -

SCHEDULE OF ITEMS

Furnishing Quotation: Complete Standard Form 18, Section B, Section K, Experience Questionnaire, Equipment Proposal, and Section L as your quote.

Return to the address shown in Block 5a.

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

12. DISCOUNT FOR PROMPT PAYMENT � (%) (%) NUMBER PERCENTAGE

NOTE: Additional provisions and representations X are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

DUNS No._____________ TIN No._____________________

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or Print) NUMBER

NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AG-03R6-S-08-0100

Chippy Fire – Burned Area Emergency Response (Rd. #882)/Lolo NF

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

CHIPPY FIRE BURNED AREA EMERGENCY RESPONSE – ROAD #882

LOLO NATIONAL FOREST

PLAINS RANGER DISTRICT

SANDERS COUNTY, MONTANA

B- 1 Schedule of Items

Item No. 1 – Chippy Creek Road No. 882

SUBITEM ESTIMATED UNIT

NO. ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT

1.1 Crawler Tractor 100 HRS $_________ $__________

1.2 Road Grader 50 HRS $_________ $__________

1.3 Excavator 100 HRS $_________ $__________

1.4 Dump Truck/Endloader Backhoe 30 HRS $_________ $__________ With One Operator

1.5 Lowboy/Truck Trailer 20 HRS $_________ $__________

Configuration

1.6 Laborer 80 HRS $_________ $__________

1.7 Laborer 80 HRS $_________ $__________

1.8 Move-in/Move-out 1 LSQ $_________ $__________

TOTAL QUOTE ITEM NO. 1 (All Items) $______________________

B- 2 Point of Hire and Release

Junction of Forest Service Roads #881 and #882. Move-in and move-out to this point is part of the Contractor’s Lump Sum bid in Subitem No. 1.8.

Inspection of equipment for noxious weeds shall be arranged with COR prior to move-in.

B- 3 Quote on all subitems contained within the item. Quotes for less than a complete item are unacceptable. Only quotes to the nearest cent will be accepted.

B- 4 Written Acceptance

Any Purchase Order resulting from this solicitation will require written acceptance within 10 days of receipt by the Contractor.

B- 5 - Basis of Award

One award will be made. Offer of award will be made to the Quoter(s) whose quote, as determined by the Contracting Officer, provides the best value to the Government, considering but not limited to, such factors as price, past performance, and capability to accomplish this type of work. The Experience Questionnaire and Equipment Proposal will be used as part of this evaluation.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

General Specifications

C- 1 Scope of Contract

This Burned Area Emergency Response contract requires furnishing equipment on a fully-operated basis, in good mechanical and operating condition. It shall be operated by competent operators experienced in performing the type of work required by this contract. The Contractor shall provide all equipment, operating supplies, operators, supervision, and support functions necessary to perform the required work on a per hour basis.

C- 2 Location and Description

(a) Description. The work includes, but is not limited to drain dip construction and reconstruction, culvert removal, culvert cleaning, riprap armoring, and ditch cleaning. Basically work associated with reconditioning of existing road prisms.

(b) Location. This Burned Area Emergency Response contract is located on the Plains Ranger District of the Lolo National Forest. See the Vicinity Map included in the Exhibits of this contract for specific locations.

(c) Start Work. It is estimated that the Notice to Proceed will be issued about July 14, 2008.

(d) Period of Performance. All work shall be completed no later than August 15, 2008.

(e) Site Visit. No site visit is planned for this project. For further information, please contact Joe Hughes at the Superior Ranger District, 209 W. Riverside, Superior, MT, telephone 406-822-4233. (See Section L, FAR Clause 52.237-1)

C- 3 Equipment Technical Specifications

(a) Subitem No. 1.1 – Crawler Tractor

(1) Equipment Requirements

(i) Minimum fly-wheel horsepower shall be 90 or greater.

(ii) Equipment shall be 1990 or newer.

(iii) Rollover protective canopy

(iv) Heavy duty: full-length belly pan, engine guard, track roller guards, and radiator guard.

(b) Subitem No 1.2 - Road Grader

(i) Minimum fly-wheel horsepower shall be 150 or greater and a 14’moldboard.

(ii) Equipment shall be 1990 or newer.

(iii) Rollover protective canopy.

(c) Subitem No 1.3 - Excavator

(i) Minimum fly wheel horsepower shall be 80 or greater.

(ii) Rollover protective canopy.

(iii) Bucket shall be a minimum 3/4 cubic yard and equipped with a thumb.

(iv) Equipment shall be 1990 or newer.

(d) Subitem No. 1.4 – Dump Truck/Endloader Backhoe with One Operator

Dump Truck

(i) Minimum capacity of 10 to 12 cubic yard truck capacity.

(ii) Tandem drive.

(iii) Equipment shall be 1990 or newer.

Endloader Backhoe

(i) Minimum fly wheel horsepower shall be 70.

(ii) Rollover protective canopy.

(iii)1 yd front loader and 24 inch rear hoe, with digging teeth.

(iv) Equipment shall be 1990 or newer.

(e) Subitem No. 1.5 – Lowboy or Dump Truck/Trailer Configuration

The transport must be highway legal and capable of moving all the equipment furnished by the Contractor over unimproved mountainous roads.

(f) Subitem Nos. 1.6 and 1.7 - Laborers

The laborers will be working with the backhoe and excavator performing general labor intensive work such as, but not limited to, removing culverts, riprap armoring culverts, cleaning culverts, sawing and seeding and fertilizing disturbed areas.

C- 4 Additional Permits and Responsibilities

Examples of permits and responsibilities include DOT requirements and certifications, such as overnight permits, widths, pilot cars, slow moving vehicle tags, and safety items required by OSHA, such as rollover protection.

C- 5 Pollution and Erosion Control

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

(b) Equipment shall be fueled away from perennial and intermittent streams, scoured channels, or any other live water source. Proper procedures shall be used when fueling to prevent overflow, leakage, or spills from fueling equipment

C- 6 Washing of Equipment

To help stop the spread of weeds, this work will require the Contractor to wash their equipment before beginning work. The equipment shall be washed with a pressure washer that is capable of producing enough water force to thoroughly remove all organic and mineral debris, including excess grease, from the machine. Before moving the equipment to the jobsite it shall be inspected and approved by the COR.

Arrangements for inspection shall be scheduled with the COR prior to move-in. When the equipment is removed from the jobsite, it will require additional washing and re-inspection. This is considered incidental to the move-in and move-out subitem and no separate payment will be made.

C- 7 Signing and Public Safety

The Contractor shall exercise due caution and care when operating to prevent undue conflict with public users of the roads.

A reflectorized “Slow Moving” vehicle emblem shall be attached to all motor patrols.

The Contractor is to furnish and post warnings on both ends of the section being worked to warn road users of work in progress. Signs shall be of size, number, and colors as required in Section 6B-22 of the current edition of the “Manual on Uniform Traffic Control Devices”. Signs will be moved, as needed, so that a sign does not precede machinery by more than 1 mile.

(a) Traffic Conditions

(1) Roads shall remain open to traffic unless otherwise approved in writing by the Contracting Officer.

C- 8 Contractor Representation

In accordance with Superintendence by the Contractor, FAR 52.236-6, the Contractor shall have a designated representative onsite at all times during performance.

SECTION E - INSPECTION AND ACCEPTANCE

E- 1 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): www.arnet.gov/far/ and the Agriculture Acquisition Regulation may be accessed at www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-6 Inspection--Time-and-Material and Labor-Hour (MAY 2001)

E- 2 Additional Inspection and Acceptance Requirements

(a) Inspection of Equipment. Equipment will be inspected at the time it is delivered to the worksite.

Equipment that does not meet contract specifications and requirements shall be rejected.

(b) Rejected and Replacement Equipment. If equipment is rejected for non-compliance with the specifications, the Contractor will be notified in writing to correct the deficiencies or furnish replacement equipment meeting specifications within 2-calendar days. If accepted equipment becomes inoperative, the Contractor will be notified in writing to correct the deficiencies within 2-calendar days. Failure to effect repairs or replace the equipment in the 2-calendar days may result in the termination of the Contractor's right to proceed. If accumulated down-time due to equipment breakdown exceeds 10 percent of the working days for that item, the Contractor's right to proceed may be terminated.

(c) Dependent Equipment. If any piece of equipment becomes inoperative and prevents a dependent piece of equipment from doing productive work, then no payment will be made for any dependent equipment until affected equipment resumes operation. However, authorized time for all equipment shall apply toward meeting the hours shown in the Schedule of Items. In the event of award to more than one Contractor, this clause will not be applicable to dependent equipment belonging to another Contractor.

E- 3 Inspection and Acceptance of Operator

In accordance with the specifications, it is expected that the operator(s) of the equipment will be competent, experienced, and productive in the work being performed. The operator(s) will be evaluated by the COR in light of these expectations. If the COR determines through observation and/or discussion that an operator is inexperienced in the work and/or is unable to safely maintain a reasonable rate of production, the operator will be rejected.

(a) Rejection and Replacement of Operator. If the operator is rejected, the Contractor will be notified in writing to furnish a replacement operator meeting the specifications within 24 hours. Failure to replace the operator will render the equipment “inoperative” and the equipment may be rejected under the terms of Clause E- 2 - Additional Inspection and Acceptance Requirements.

http://www.arnet.gov/far/

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 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): www.arnet.gov/far/

52.242-14 Suspension of Work (APR 1984) 52.242-15 Stop Work Order (AUG 1989)

F- 2 Performance Period Requirements

(a) Delivery and Performance Time. Contract time will begin on the effective date of the Notice to Proceed.

It shall continue (1) for the period of time listed below; (2) until completion of the work contemplated by the Government. It is anticipated that the Notice to Proceed will be issued as follows:

Item No. Approximate Starting Date Contract Time (Calendar Days)

1 July 14, 2008 August 15, 2008

The contract time shown above is sufficient to accomplish the estimated hours of work. In the event the Contractor fails to accomplish the estimated hours of work within the working days, and a need for the equipment still exists, the Government may allow the contract time to continue.

(b) Completion of Work. Scheduling and sequencing of equipment and operations will be done to create the greatest efficiency.

(c) Days and Hours of Work. The work is to be accomplished as follows:

(1) Item No. 1 - 10 hours per day, 5 days per week, Monday through Friday, inclusive of Federal holidays. Unless otherwise mutually agreed, the workday shall be between the hours of 7:00 a.m. and 7:00 p.m.

SECTION G - CONTRACT ADMINISTRATION DATA

G- 1 Method of Measurement

An hour consists of 60 minutes of actual operation of equipment on authorized Government work. Moving of equipment under its own power, when so ordered by the Contracting Officer, (except move-in-move-out) will constitute authorized work. Nonproductive time such as, but not restricted to, lack of operating supplies or qualified operator, service time, time lost by reason of breakdown or being stuck, or loading time of specified accessories shall not constitute "actual operation".

(a) Move-in/Move-out. The move-in/move-out allowance will be paid for moving all fully-operated equipment, support equipment, and personnel to the point of hire, complete and ready to work, and from the point of release. No move-in will be paid for replacement equipment. Payment for move-in/move-out allowance will be at a rate of half the lump sum with the first partial payment and half the lump sum with the final payment.

(b) Moving Between Job Locations (road segments of one project area) and Standby. Moving of equipment and specified accessories between job locations (road segments) shall be at Government expense. The method of moving equipment shall be determined by the Contracting Officer. Moving of support equipment and personnel between job locations shall be at Contractor's expense. During authorized hours of work, the Government will pay 75 percent of the hourly rate when equipment is waiting to be transported, being transported by lowboy, or ordered to standby.

G- 2 Single Operator, Multiple Pieces of Equipment

Notwithstanding the intent and requirement of the contract to provide an experienced operator for each ordered piece of equipment, unless otherwise mutually agreed, if the Contractor furnished two pieces of equipment, under items of the Schedule (Section B), and one operator, only one item will be paid for at the regular rate, with no standby for the second piece of equipment while unoperated.

G- 3 Daily Record

The Government will maintain a daily record for each piece of equipment showing:

(a) Contract number and schedule item number applicable to the equipment.

(b) Name of Contractor

(c) Hours of actual operation authorized to nearest quarter hour.

(d) Hours of actual operation will be maintained by the Government. Payments will be based on Government records.

(e) Authorized hours of operation lost and reason.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 1 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): http://www.arnet.gov/far/ and the Agriculture Acquisition Regulation may be accessed at www.usda.gov/procurement/policy/agar.html

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

H- 2 Fire Control

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

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

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

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to the Contractor’s operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

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

One - shovel, round point #0 lady or equal.

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

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

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

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

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

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

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

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

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

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

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

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

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

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

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

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

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

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

(12) Pump and Trailer. Not Required.

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

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

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

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

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

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

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

H- 3 Loss, Damage, or Destruction

(a) Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

All claims arising under this clause will be submitted to the Contracting Officer.

H- 4 Prework Conference

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

H- 5 Camping Provisions for Labor Intensive Contracts

The following provisions apply to all camping on National Forest lands during performance of this contract:

(a) These provisions are in addition to those contained in, or provided for, in the clause titled “Use of Premises”, in this contract.

(b) Every structure used as shelter shall provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold.

Firewood may be cut only after obtaining a District Firewood Permit.

(c) The campsite will not encroach beyond the boundaries designated by the Forest Service. The campsite shall be located so as to minimize impacts on streams, lakes, and other bodies of water. No camping shall be permitted within developed recreation sites or along primary recreation roads.

(d) The campsite shall have a clean appearance at all times.

(e) Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the Contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the Contractor fails to remove all structures or improvements within the 10 calendar days, they shall become the property of the United States, but that will not relieve the Contractor of liability for the cost of their removal and restoration of the site.

(f) Unless otherwise designated by the Contracting Officer, the use of this area is not exclusive, and may be granted to other Permittees, Contractors, or recreating public. Disorderly conduct is not permitted.

(g) Damaging or removing any natural feature or other property of the Forest Service is prohibited.

(h) Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area.

(i) Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items.

(j) An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes.

(k) Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition.

(l) Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodents.

(m) Basic first aid supplies shall be maintained, available, and under the charge of a person trained to administer first aid. The supplies shall include:

(1) Gauze pads (at least 4x4 inches)

(2) Two large gauze pads (at least 8x10 inches)

(3) Box adhesive bandages (band-aids)

(4) One package of gauze roller bandage at least 2 inches wide

(5) Two triangular bandages

(6) Scissors

(7) At least one blanket

(8) Tweezers

(9) Adhesive tape

(10) Latex gloves

(11) Resuscitation device such as resuscitation bag, airway, or pocket mask

(n) Any washing of laundry shall be done in such a way as to provide for washing and rinsing without polluting lakes, streams, or other flowing water.

(o) Waste water must be disposed of away from living and eating areas and in a fashion that minimizes pollution to lakes, streams, and other flowing water.

(p) The Contractor shall take all reasonable precautions to prevent and suppress forest fires. No material shall be disposed of by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

(q) The Contractor shall comply with the following fire regulations during fire season:

(1) A shovel, axe or pulaski, 10 quart pail which is full of water for immediate use and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 1:A 10:BC is required during the fire season.

(2) All fire rings or outside fireplaces will be approved by the Forest Service representative. The area will be cleared down to mineral soil for a distance of 1 foot outside of the ring or fireplace and it will not have any overhanging material. Fire rings will be dismantled and material disposed prior to leaving the site.

(3) All generators and other internal combustion engines will be equipped with USFS approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in (b).

(4) All fuel will be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition.

(r) Any violation of these conditions constitutes a breach of contract, and may result in revocation of camping approval.

(s) The Forest Service reserves the right to terminate a camping permit at any time.

H- 6 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.

H- 7 Noxious Weed Control

This project lies within a weed management district, which is any area of land identified for the purpose of weed management or control. Such an identified land area may be, but is not limited to, one of the following: 1) a project or job site, 2) a county, 3) two or more counties, or 4) a National Forest.

Noxious weeds are defined as any exotic plant species established or that may be introduced in the State which may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the State Department of Agriculture, or by the County Weed Management District, or by other appropriate agencies having jurisdiction.

All equipment, materials, and vehicles to be used at the job site shall be cleaned and certified free of noxious weeds and their seeds prior to entrance onto Federal lands.

Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. Cleaning shall occur off Federal lands prior to entering the weed management district.

Equipment, materials, and vehicles will be visually inspected by the Contracting Officer’s Representative (COR) or other designated Forest Service official, and certified in writing to be reasonably clean and weed free. Inspections will take place at a location designated by the COR or other offcial. Equipment and vehicles shall proceed directly to the job site following the inspections. Materials, including delivery vehicle(s), delivered to the project site will also be inspected prior to entering the weed management district.

Certification will remain valid for each identified piece of equipment or vehicle only for the duration of the specified project and only as long as the vehicle or equipment remains at the job site or within the designated weed management district. Equipment and vehicles that leave the designated area will need to be recertified as weed free before they are allowed to return to the job site or reenter the weed management area.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I- 1 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): www.arnet.gov/far/ and www.usda.gov/procurement/policy/agar.html

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEPT 2006)

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 (JUNE 2003) 52.222-3 Convict Labor (JUNE 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 (JUNE 1998) 52.222-41 Service Contract Act of 1965 (NOV 2007) 52.222-44 Fair Labor Standards Act and Service Contract Act - Price Adjustment (FEB 2002) 52.222-50 Combating Trafficking in Persons (AUG 2007) 52.223-6 Drug-Free Workplace (MAY 2001) 52.224-1 Privacy Act Notification (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2006) 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts (FEB 2007) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-11 Extras (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-25 Prompt Payment (OCT 2003) 52.232-33 Payments by Electronic Funds Transfer—Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) Alternate I (DEC 1991) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.243-1 Changes--Fixed-Price (AUG 1987) Alternate I (APR 1984) 52.244-6 Subcontracts for Commercial Items (MAR 2007) 52.245-2 Government Property Installation Operation Services (JUNE 2007) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984) 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) Restrictions Against

Disclosure (FEB 1988)

I- 2 FAR 52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause-

"Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government.

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

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

"Registered in the CCR database" means that-

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”.

The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number-

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

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

The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

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

(g) (1) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

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

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database.

Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

I- 3 FAR 52.219-28 Post-Award Small Business Program Representation (JUNE 2007)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

http://www.sba.gov/services/contractingopportunities/sizestandardstopics/

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it is, is not a small business concern under NAICS Code ______________ assigned to contract number ______________.

[Contractor to sign and date and insert authorized signer’s name and title].

I- 4 FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, 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*

Heavy Equipment Operator (WG-9) $20.94 per hour Heavy Equipment Operator (WG-10) $22.33 per hour General Laborer (GS-4) $12.73 per hour General Laborer (WG-5) $14.24 per hour

I- 5 FAR 52.236-7 Permits and Responsibilities (NOV 1991)

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.

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