s100045_Main_Contract_IRSC_Service_RFP_revision_0518.pdf

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Solicitation No. RFP AG-03R6-S-10-0045 HELP PREVENT FOREST FIRES

IMPORTANT - NOTICE TO OFFEROR

1. This is a complete copy. Information and instructions for submission of proposals as well as contract provisions and specifications are contained in this OFFEROR REFERENCE COPY. This copy should be retained by offerors.

FS-6300-45 (11/79)

Issuing Office:

U.S. Department of Agriculture Forest Service Western Montana Acquisition Zone Building 24, Fort Missoula Missoula, Montana 59804

Offers Are Solicited For:

Trapper-Bunkhouse IRSC Stewardship Bitterroot National Forest Darby Ranger District

SOLICITATION, OFFER AND AWARD 1.THIS CONTRACT IS A RATED ORDER RATING PAGE OF

UNDER DPAS (15 CFR 700) 1 60 PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE

AG-03R6-S-10-0045 SEALED BID (IFB) 6/09/2010 NUMBER

NEGOTIATED (RFP)

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

USDA – Forest Service Western Montana Acquisition Zone Building 24, Fort Missoula Missoula, MT 59804

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and See Sect. L copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in Building 24, Fort Missoula, Missoula, MT 59804 until 4:00 pm local time July 9, 2010

(Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION A. NAME B. TELEPHONE NO. (NO COLLECT

CALLS)Area Code/Number/Extension C. E-MAIL ADDRESS

CALL: Loren Ebner, Contracting Officer (406) 329-3858 lebner@fs.fed.us

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 8

X B SUPPLIES OR SERVICES AND PRICES 8 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 2 X J LIST OF ATTACHMENTS 1

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 1 X

K REPRESENTATIONS, CERTIFICATIONS AND 5

X F DELIVERIES OR PERFORMANCE 4 OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 3 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 6

X H SPECIAL CONTRACT REQUIREMENTS 18 X M EVALUATION FACTORS FOR AWARD 3

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS (See Section I, Clause No. 52-232-8) % % % %

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated):

15A. NAME AND ADDRESS OF OFFEROR CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

DUNS NO.: _______________

OFFER (Type or Print)

15B. TELEPHONE NO. (Include area code and extension) 15C. Check if remittance address

17. SIGNATURE

18. OFFER DATE

is different from above – enter such address in Schedule.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

10 U.S.C. 2304 (c)

) 41 U.S.C. 253(c) ( ) (4 copies unless otherwise specified)

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE Submit invoice to COR for the work performed. Invoice will be reviewed and approved or rejected by the COR within 7 days of receipt of the invoice.

Rejected invoices must be corrected and resubmitted. COR will forward the approved invoice to the CO who will submit to: USDA, OCFO, COD, APB, PO Box 60075, New Orleans, LA 70160

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EDWARD W. HODGES, CONTRACTING OFFICER

(Signature of Contracting Officer) IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV.9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

AG-03R6-S-10-0045

Trapper-Bunkhouse IRSC Stewardship/Bitterroot NF

PART I – THE SCHEDULE

SECTION B - SERVICES AND PRICES

Darby Ranger District Bitterroot National Forest Ravalli County, Montana

NOTE

: Price Proposals MUST be provided on ALL Items in Schedules B. 1, Mandatory and Option Work Activities Price Schedule and B. 2, Timber Removal Price Schedule.

B. 1 SCHEDULE OF ITEMS

MANDATORY AND OPTION WORK ACTIVITIES PRICE SCHEDULE

ITEM

NO.

DESCRIPTION UNIT ESTIMATED

QUANTITY

UNIT

PRICE

TOTAL

B.1.1

Fuels Reduction (Tractor): This item includes felling, skidding, processing and hauling services in accordance with Appendices A & B.

Fuels Reduction (Tractor) Mandatory Units 22, 24A, 24B, 20

AC

Fuels Reduction (Tractor) Optional Units 26, 13, 39, 19, 79, 33B, 33C, 10, 80, 81, 9, 72, 3

607 $_________

B.1.2

Fuels Reduction (Skyline): This item includes felling, yarding, processing and hauling services in accordance with Appendices A & B.

Fuels Reduction (Skyline) Mandatory Units 22, 32, 78B, 78A, 20, 27

AC

Fuels Reduction (Skyline) Optional Units 13, 19, 18, 79, 33A, 33C, 17A, 17B, 17C, 28, 74

636 $_________

B.1.3

Fuels Reduction (Tractor Line Machine): This item includes creating track line machine trails, felling, skidding, yarding processing, and hauling services in accordance with Appendices A & B.

Fuels Reduction (Tractor Line Machine) Mandatory Units 30A, 78B, 27 Estimated Trail Length: 0.8 Miles

AC

Fuels Reduction (Tractor Line Machine) Optional Units 26, 13, 19, 18, 80, 28, 72, Estimated Trail Length: 4.1 miles

248 $_________

ITEM

NO.

DESCRIPTION UNIT ESTIMATED

QUANTITY

UNIT

B.1.4

Fuels Reduction (Tractor Skyline Swing): This item includes felling, skidding, yarding, processing and hauling services in accordance with Appendices A & B.

Fuels Reduction (Tractor Skyline Swing) Mandatory Units 32, 27 AC

Fuels Reduction (Tractor Skyline Swing) Optional Units 17C

21 $_________

B.1.5

Fuels Reduction (Helicopter): This item includes felling, skidding, yarding, processing and hauling services in accordance with Appendices A & B.

Fuels Reduction (Helicopter) Mandatory Units: None

AC

$ N/A___

Fuels Reduction (Helicopter) Optional Units: 45, 46, 47, 48, 49, 50, 21, 30B, A and B

147 $_________

Special Units: Special Units contain individually identified and named Research Sub-Units within the larger Special Unit boundary. Since Special Units and the Research Sub-Units within them must be treated in different ways, the Contractor shall refer to Appendix A to identify the services being performed in each Special Unit and the embedded Research Sub-Units.

Appendix A identifies the services to be performed in the Special Units and Research Sub-Units, and those services must also be performed while also meeting the requirements outlined in Appendix B.

B.1.6

Special Unit 5A Non-Research Portion of Unit

AC

B.1.7

Special Unit 5A Research Portion of Units (R1-R9)

B.1.8

Special Unit 5B

B.1.9

Special Unit 5B Research Portion of Units (R10-R12)

B.1.10

Special Unit 11

B.1.11

Special Unit 11 Research Portion of Units (R1-R12)

DESCRIPTION UNIT ESTIMATED

QUANTITY

UNIT

B.1.12

This item includes Creating Temporary Roads services in accordance with Appendices A & B.

Creating Temporary Roads Mandatory Units: 22 MI

.3

Creating Temporary Roads Optional Units: 26, 19, 18, 79

2.5 $_________

B.1.13

This item includes Opening Historic Roads services in accordance with Appendices A & C.

Opening Historic Road Mandatory Units: 22, 27 MI

1.9

Opening Historic Road Optional Units: 19, 79, 33A, 28

2.7 $_________

B.1.14

This item includes Erosion Control Seeding services in accordance with Appendices A & B.

Erosion Control Seeding Mandatory Units: 30A, 22, 32, 78B, 24A, 24B,78A, 20, 27

AC

Erosion Control Seeding Optional Units: 26, 13, 39, 19, 18, 79, 33A, 33B, 33C, 17A, 17B, 17C, 10, 80, 81, 9, 28, 72, 74, 3, 45, 46, 47, 48, 49, 50, 21, 30B, A, B

123 $_________

B.1.15

This item includes Landing Clean Up services in accordance with Appendices A & B.

Landing Clean Up Mandatory Units: 30A, 22, 32, 78B, 24A, 24B, 78A, 20, 27

Each

Landing Clean Up Optional Units: 26, 13, 39, 19, 18, 79, 33A, 33B, 33C, 17A, 17B, 17C, 10, 80, 81, 9, 28, 72, 74, 3, 45, 46, 47, 48, 49, 50, 21, 30B, A, B

448 $_________

B.1.16

This item includes Fence Removal and Disposal services in accordance with Appendix A.

Fence Removal and Disposal Mandatory Units: None FT

$____N/A

Fence Removal and Disposal Optional Units: 26, 81

10,600 $_________

DESCRIPTION UNIT ESTIMATED

QUANTITY

UNIT

PRICE TOTAL

B.1.17

This item includes Subsoiling and Slash Placement services in accordance with Appendix A.

Subsoiling and Slash Placement:

Landings and Skid Trails Mandatory Units: 30A, 22, 32, 78B, 24A, 24B,78A, 20, 27

Subsoiling and Slash Placement:

Temporary Road and Track Line Machine Trail Obliteration Mandatory Units: 30A, 22, 78B, 27

2 $_________

Subsoiling and Slash Placement:

Landings and Skid Trails Optional Units: 26, 13, 39, 19, 18, 79, 33A, 33B, 33C, 17A, 17B, 17C, 10, 80, 81, 9, 28, 72, 74, 3, 45, 46, 47, 48, 49, 50, 21, 30B, A, B

Subsoiling and Slash Placement:

Temporary Road and Track Line Machine Trail Obliteration Optional Units: 26, 13, 19, 18, 79, 80, 28, 72, 74

10 $_________

B.1.18

This item includes Earth Berm services in accordance with Appendices A & B.

Earth Berms (Closure to Use By Others Mandatory Units: 22, 27 EA

Earth Berms (Closure to Use By Others Optional Units: 19, 79, 33A, 81, 28

6 $_________

B.1.19

This item includes Road Maintenance services in accordance with Appendix C.

Road Maintenance – Entire Contract Area. Insert Total from the Table on Page 7 here.

(See Appendix C for detailed specs)

LS 1 $_________ $_________

B. 2 TIMBER REMOVAL PRICE SCHEDULES

MANDATORY TIMBER REMOVAL PRICE SCHEDULE (See Appendix B, Timber Removal Specifications):

SPECIES

PRODUCT

QUANTITY

UNIT OF

MEASURE

MINIMUM

ACCEPTABLE

OFFER

OFFER

(FLAT)

ALL

SPECIES Sawtimber

18,464

TON

$1.00

(Top Wood)

ALL

SPECIES

Non sawtimber 3,488 TON $0.33

Fixed $0.33

$1,151.04

OPTIONAL TIMBER REMOVAL PRICE SCHEDULE (See Appendix B, Timber Removal Specifications):

MINIMUM

ACCEPTABLE

(FLAT)

ALL

SPECIES Sawtimber 39,951 TON $1.00

Same rate entered for Mandatory Sawtimber

(Top Wood)

ALL

SPECIES

Non sawtimber 11,545 TON $0.33

Fixed $0.33

$3,809.85

TIMBER SUBJECT TO AGREEMENT

MINIMUM

ACCEPTABLE

(Fixed)

Landing Piles (Biomass) Unestimated TON $0.01

$0.01

NOTE 1: These Schedules are for Pricing/Payment Purposes. See Section L for Business Proposal Requirements.

NOTE 2: Offer for non-saw and biomass are fixed amounts.

NOTE 3: The Optional Items (Optional Fuels Reduction Units) identified under B.1.1 – B.1.18 above are Items that may be exercised at the Government’s option in accordance with Paragraph I. 5 herein.

NOTE 4: The Optional Timber Removal (Timber Removal in Optional Fuels Reduction Units) identified under B. 2 above is to be performed at the Government’s option. Non-sawtimber may be removed at the Contractor’s option in accordance with Appendix B, K-C.2.1.1#, K-E.2.2.5, and will be paid for according to the rates identified in B. 2.

The following Road Maintenance work item specifications are located in Appendix C. Work items are displayed here separately for Government evaluation purposes. The Contractor will receive 1 Lump Sum payment for all items.

ITEM B.1.19: Road Maintenance - Schedule of Items

Item Number Description

Method of Measurement

Pay Unit

Estimated Quantity

Unit Price Total Price

Mobilization LS 1 $_______ $_________

T-101 Surface Blading LS 1 $_______ $_________

T-103 Dust Abatement LS 1 $_______ $_________

T-108 Slide Removal and Slump Repair LS 1 $_______ $_________

T-301 Ditch Cleaning LS 1 $_______ $_________

T-310 Minor Drainage Structures LS 1 $_______ $_________

T-506 Clearing Roadway Vegetation LS 1 $_______ $_________

T-508 Seeding LS 1 $_______ $_________

Total Lump Sum for Item B.1.19 (Take this total and insert it on the Schedule of Items on Page 5) $_________

B. 3 LAND MANAGEMENT ACTIVITIES

Performance of land management activities shall be in accordance with Section C – Description and Specifications. Payment for Land Management Work Activities in Schedule B. 1, will be made in Stewardship Credits in lieu of cash, as defined in Section G. All Mandatory Work Activities shall be performed. Option activities are listed in order of planned priority. Award may be made for option items in any order that the Contracting Officer determines is in the best interest of the Government.

B. 4 SUMMARY OF WORK BY UNIT AND OPTIONAL UNIT PRIORITY RANKING

(a) A list of all Mandatory and Optional Units, with the exception of Mandatory Special Units 5A, 5B and 11 is attached in Section J (Attachment 03). The list attached in Section J contains a summary of the work by unit for all Mandatory and Optional Units except for Mandatory Special Units 5A, 5B and 11. Section J, Attachment 03 lists the Optional Units in order of Government priority. The Contracting Officer reserves the right to change the order of Government priority.

(b) See Section J, Appendix A for a summary of work by unit for Mandatory Special Units 5A, 5B, and 11.

(c) The following table contains a basic summary of all of the mandatory and optional units.

Sale Name: Trapper Bunkhouse Stewardship

Unit Acres System EYD Vol/Ac Volume Landing

Ac.

Burn Piles

Skd Trl Ac.

Subsoil Acres

TLM trail Acres

Temp. Rd.

Acres

Erosion Control Acres

3 24 T 1000 6.85 164.40 0.4 2 1.92 2.32 2.32

5A 27 T 1100 6.59 177.93 0.4 2 2.16 2.76 0.2 2.76

5 CTL 500 6.59 32.95 0.2 1 0.4 0.6 0.6

34 TLM 400 6.59 224.06 1.2 24 1.02 2.4 1.2 3.42

5B 27 T 1100 6.59 177.93 0.4 2 2.16 2.76 0.2 2.76

5 CTL 500 6.59 32.95 0.2 1 0.4 0.6 0.6

9 49 T 830 6.85 335.65 0.6 3 3.92 4.52 4.52 10 40 T 465 7.49 299.60 0.8 4 3.2 4 4

217 T 700 6.59 1430.03 4.2 21 17.36 22.66 1.1 22.66

12 CTL 500 6.59 79.08 0.2 1 0.96 1.16 1.16

77 S 600 6.59 507.43 1.3 26 2.31 1.3 3.61

36 TLM 600 6.59 237.24 0.6 12 1.08 1 0.4 2.08

129 T 990 7.49 966.21 1.6 8 10.32 11.92 11.92 173 S 1320 7.49 1295.77 3.45 69 5.19 3.45 8.64

19 TLM 800 7.49 142.31 0.5 10 0.57 1.6 1.1 2.17

17A 12 S 745 7.49 89.88 0.2 4 0.36 0.2 0.56 17B 14 S 745 7.49 104.86 0.25 5 0.42 0.25 0.67

17C

21 TSS 1188 7.49 157.29 0.4 2 1.68 0.4 2.08

23 S 745 7.49 172.27 0.4 8 0.69 0.4 1.09

21 S 600 6.59 138.39 0.45 9 0.63 0.85 0.4 1.48

16 TLM 600 6.59 105.44 0.35 7 0.48 0.65 0.3 1.13

36 T 660 6.59 237.24 0.6 3 2.88 3.48 3.48

30 TLM 630 6.59 197.70 0.65 13 0.9 1.05 0.4 1.95

86 S 630 6.59 566.74 1.95 39 2.58 2.45 0.5 5.03

12 T 500 6.85 82.20 0.05 1 0.96 1.01 1.01 27 S 825 6.85 184.95 0.35 7 0.81 0.35 1.16

21 15 H 2000 9.10 136.50 1 1 0 1 1

16 T 770 6.85 109.60 0.2 1 1.28 1.48 1.48 42 S 1000 6.85 287.70 0.75 15 1.26 1.25 0.5 2.51

24A 28 T 800 6.85 191.80 0.4 2 2.24 2.64 2.64 24B 6 T 1530 6.85 41.10 0 0 0.48 0.48 0.48

105 T 700 11.24 1180.20 1.2 6 8.4 12.5 2.9 12.5

83 TLM 500 11.24 932.92 3.05 61 2.49 6.74 1.2 6.74

22 TSS 800 6.85 150.70 0.4 2 1.76 0.4 2.16

77 S 900 6.85 527.45 1.55 31 2.31 1.55 3.86

35 TLM 800 6.85 239.75 0.7 14 1.05 1 0.3 2.05

71 S 600 6.85 486.35 1.6 32 2.13 1.6 3.73

5 TLM 600 6.85 34.25 0.1 2 0.15 0.3 0.2 0.45

30A 14 TLM 350 6.85 95.90 0.65 13 0.42 1.35 0.7 1.77

30B 31 H 2000 9.10 282.10 1 1 0 1 1

38 TSS 875 6.85 260.30 0.6 3 3.04 0.6 3.64

18 S 360 6.85 123.30 0.3 6 0.54 0.3 0.84

33A 37 S 565 7.49 277.13 0.25 5 1.11 0.25 1.36 33B 2 T 360 7.49 14.98 0.2 1 0.16 0.36 0.36

33C 3 T 360 7.49 22.47 0.2 1 0.24 0.44 0.44

19 S 565 7.49 142.31 0.45 9 0.57 0.45 1.02 39 28 T 540 7.49 209.72 0.6 3 2.24 2.84 2.84 45 10 H 1500 9.10 91.00 1 1 0 1 1 46 3 H 1500 9.10 27.30 1 1 0 1 1 47 4 H 1500 9.10 36.40 1 1 0 1 1 48 3 H 1500 9.10 27.30 1 1 0 1 1 49 10 H 1500 9.10 91.00 1 1 0 1 1 50 13 H 1500 9.10 118.30 1 1 0 1 1

20 T 1220 6.85 137.00 0.4 2 1.6 2 2

35 TLM 600 6.85 239.75 0.4 8 1.05 1.1 0.7 2.15

136 S 800 6.85 931.60 2.8 56 4.08 2.8 6.88

20 TLM 800 6.85 137.00 0.4 8 0.6 0.8 0.4 1.4

78A 30 S 1100 6.85 205.50 0.2 4 0.9 0.2 1.1

78B

12 TLM 800 6.85 82.20 0.15 3 0.36 0.25 0.1 0.61

42 S 1100 6.85 287.70 0.5 10 1.26 0.5 1.76

44 S 1060 6.59 289.96 0.5 10 1.32 0.8 0.3 2.12 2 T 260 6.59 13.18 0.2 1 0.16 0.36 0.36

31 T 330 7.49 232.19 0.8 4 2.48 3.28 3.28

40 TLM 330 7.49 299.60 1.65 33 1.2 3.15 1.5 4.35

81 138 T 620 7.49 1033.62 2 10 11.04 13.04 13.04 A 31 H 1500 1.72 53.32 1 1 0 1 1 B 27 H 1500 1.26 34.02 1 1 0 1 1

Total 2518 18254.97 54.9 650.0 123.3 149.0 8.5 6.1

Method Acres Ave. EYD Volume % Vol. Vol/Ac Total Erosion Control Acres 192.8 T 940 742 7057 39% 7.51

S 949 792 6619 36% 6.98

TLM 379 601 2968 16% 7.83

CTL 22 500 145 1% 6.59

TSS 81 954 568 3% 7.02

H 147 1600 897 5% 6.10 Total 2518 5189.075 18254.97

PART I - THE SCHEDULE

SECTION C - DESCRIPTION AND SPECIFICATIONS

General Clauses and Provisions Pertaining To All Items

C. 1 AGAR 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.

C. 2 PROJECT DESCRIPTION

(a) Description of Work - The Trapper-Bunkhouse IRSC Stewardship is located on the Darby Ranger District of the Bitterroot National Forest encompassing the area indicated on the Project Area Map (which includes Timber Removal Maps). The stewardship contract boundary includes, but is not limited to the following drainages: Trapper Creek, Little Trapper Creek, Leavens Gulch, Spoon Creek, McCoy Creek, Tin Cup, and Little Tin Cup. Objectives for the project, in the context of this contract, are summarized as follows:

• Reduce Risk from Stand-Replacing and Uncontrollable Fires - Reduce the number of acres where stand-replacing crown fires and uncontrollable fire intensities in the suitable timber base and WUI are likely to occur. This will reduce the risk from fires harming human life (fire fighters and the public), private property and natural resources in the Trapper Bunkhouse area.

• Improve Resiliency and Provide Forest Products - Provide economic value to the community and reduce forest fuels through timber harvest.

• Fuel Reduction Research - Conduct research to evaluate our ability to influence fire spread rates and severity using vegetation management, and to analyze the effects on ecosystem components such as soil productivity and weed invasion.

To accomplish these objectives, the contract includes the following components: sawtimber, non-sawtimber and biomass removal in research units and non-research units, and slash treatment.

(b) Scheduling of Work - See Section F for contract time and performance restrictions. Note that Section F contains some special contract time requirements for the work required by Appendix A for the Research Treatment Units.

(c) Resulting Contract – Any resultant contract will be a Services contract with provisions for Timber Removal.

(d) Project Location – Project is located in the attached Contract Area Map (See Section J, Attachments).

(e) Pre-proposal Tour – See Section L.

(f) Start Work – See Section F for contract time requirements.

(g) Period of Performance - See Section F for contract time requirements.

C. 3 SPECIFICATIONS

Specifications for the Stewardship Activities, as identified in Section B. 1, can be found in Appendices A, B, and C. The Appendices are summarized as follows:

• Appendix A contains a variety of service items.

• Appendix B contains the specifications for timber removal.

• Appendix C contains the Road Maintenance requirements, including those associated with the timber removal outlined in Appendix B.

C. 4 GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government 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 the provisions of the "Government Property" clause contained in Section I of the contract.

There is NO Government-Furnished Property identified for this contract.

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):

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

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-04 Inspection of Services – Fixed Price (AUG 1996)

E. 2 CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the Contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

E. 3 ACCEPTANCE

The Forest Service shall perform an inspection upon Contractor’s written request and assurance that work has been completed. Request shall be for a reasonable portion of work. Acceptance may be made for all or portions of work.

E. 4 GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Quality assurance plans specific to individual items will be found in Appendices A and C.

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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 a this/these address(es):

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

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984) 52.242-15 Stop-Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

F. 2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984)

The Contractor shall be required to (a) commence work under this contract within 30 calendar days after receipt of Notice to Proceed or Task Order for specific work items, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 3 years from the effective date of the Notice to Proceed.

The time stated for completion shall include final cleanup of the premises.

Performance shall be made only as authorized by the contract. Except as this contract otherwise provides, the Government shall order all services within the scope that are required by Government activities specified in the Schedule only with the vendor holding this contract for the specified services. Timber Removal activities shall be scheduled and carried out in accordance with the Timber Removal Specifications in Appendix B and as approved by the Contracting Officer.

The estimated start work date is approximately October 15, 2010 unless the Contractor proposes an alternate date in their response to the Request for Proposals and the Contracting Officer accepts an alternate proposed start work date at the time of contract award (See Paragraph L. 7 and M. 1). The Contracting Officer may issue the Notice to Proceed earlier than any alternate date agreed to at the time of contract award, if the Contractor requests an earlier date from the CO. In any event, the contract time identified above remains the same.

See Paragraph F. 6 below for contract restrictions concerning the performance of work on specified research units. Additional restrictions on the Scheduling of Work for resource protection, etc. may be addressed in the Technical Specifications.

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F. 3 CONTRACT TIME FOR OPTIONAL ITEMS EXERCISED BY THE GOVERNMENT

(a) The contract time identified in Paragraph F. 2 above includes the contract time for all Optional Items identified in B.1.1 – B.1.19 in the Schedule of Items ordered by the Government on or before March 31, 2012 (See Paragraph I. 5 herein).

(b) The contract time for all Optional Items identified in B.1.1 – B.1.19 in the Schedule of Items ordered by the Government from April 1, 2012 – September 30, 2012 will be established by mutual agreement between the Contracting Officer and the Contractor and incorporated into the contract by modification. If the Contracting Officer and the Contractor cannot come to mutual agreement concerning the contract time for such items by a date established by the CO, then the Contracting Officer may choose not to exercise the option, and it is mutually agreed that the Government may also choose to remove the option(s) from the contract and accomplish them by whatever method the Government chooses, including a separate contract.

F. 4 AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from date of contract award through 3 years after date of contract award.

F. 5 SCHEDULES AND REPORTS

Pursuant to contract requirements, the following submittals are required within 15 calendar days after issuance of a Notice to Proceed or Task Order for review and/or approval, unless stated elsewhere in the specifications or otherwise mutually agreed:

ITEM DESCRIPTION COPIES REQUIRED

Proposed progress schedule showing starting and completion dates of various phases of the work. The schedule shall specifically identify the proposed starting date for commencement of work on the research units identified in Paragraph F. 6 below.

List of proposed subcontractors and their intended work. Subcontractors must have Contracting Officer’s written approval prior to starting work on the project.

Submit on Standard Form 1413.

Traffic Control Plan. Submit a Traffic Control Plan detailing conformance with OSHA requirements, MUTCD requirements, and all other contract requirements, including, but not limited to Paragraph H.32, “Traffic Control Plan” and the requirements in Appendix B.

Soil Erosion and Water Pollution Control Plan. Submit an Erosion Control Plan detailing permanent and temporary control measures to minimize erosion and sedimentation during and after contract performance. Plan shall conform to all contract requirements, including but not limited to Paragraph H.10, “Erosion Prevention and Control”, and the requirements in Appendix B.

Designation of Contractor personnel describing responsibilities and authorities. 2

All schedules and reports shall be submitted to: The Contracting Officer’s Representative designated in writing by the Contracting Officer.

F. 6 RESEARCH SUB-UNITS – SPECIAL CONTRACT TIME AND PERFORMANCE

RESTRICTIONS

There are several research sub-units included within 3 Special Units on this contract. The research sub-units are identified in the table below. The Contractor shall perform all work activities necessary to fully complete the work in the identified research sub-units within the following parameters:

(a) The Contractor shall start and complete all work on all research sub-units between the dates of June 15th and September 15th of the same calendar year.

(b) Within the period stated in paragraph (a) above, the Contractor shall perform all work in research sub-units within 60 calendar days of the effective date of the Notice to Proceed for the research units.

(c) The Contracting Officer will issue a separate Notice to Proceed for work in the research sub-units.

(d) The estimated start work date is June 15, 2011 unless the Contractor proposes a later date in their response to the Request for Proposals and the Contracting Officer accepts an alternate proposed start work date at the time of contract award [See Paragraph L. 7 and M. 1]. The Contracting Officer may issue the Notice to Proceed earlier than any alternate date agreed to at the time of contract award, if the Contractor requests an earlier date in writing from the CO. In any event, contract time for the research sub-units is identified in paragraph (b) above.

Special Units & Research Sub-Units

See Appendices A & B Special Unit

Research Sub-Unit

Treatment

5A R1 Tractor 5A R2 Slashing / Buck, Lop, and Scatter 5A R3 Tractor 5A R4 No Treatment 5A R5 Slashing / Hand Pile 5A R6 Slashing / Hand Pile 5A R7 Tractor 5A R8 Log Forwarding 5A R9 No Treatment

5B R10 Tractor 5B R11 Slashing / Buck, Lop, and Scatter 5B R12 Log Forwarding

11 R1 Log Forwarding 11 R2 Tractor 11 R3 Tractor 11 R4 Slashing / Buck, Lop, and Scatter 11 R5 Tractor 11 R6 Slashing / Buck, Lop, and Scatter 11 R7 Slashing / Hand Pile 11 R8 Log Forwarding 11 R9 No Treatment 11 R10 Tractor 11 R11 No Treatment 11 R12 Slashing / Hand Pile

SECTION G – CONTRACT ADMINISTRATION DATA

General Clauses Pertaining To All Items

G. 1 PAYMENT

It is anticipated that funds will be exchanged in the performance of this contract because the value of the timber will not completely offset the value of the work to be performed. Payment shall only be made under this clause to the extent that the work performed will not be offset by the timber value during the contract period. When payment is made to the Contractor for work performed, it will be made in accordance with FAR 52.232-1 – Payments, (Section I).

The value of work completed and timber removed will be documented in an Integrated Resource Statement of Account produced by Timber Sale Accounting (TSA) monthly when harvesting operations are underway.

G. 2 STEWARDSHIP CREDITS

Stewardship Credits are credits that are earned and established when work listed in the B. 1 Schedule of Items has been performed and accepted. Stewardship credits shall be earned at the rate as shown in the Schedule.

Earned credits may be used to pay for timber value included in Schedule B. 2. Unless otherwise indicated in the Schedules, credits will be earned based upon Actual Quantities accomplished and accepted.

G. 3 ESTABLISHMENT OF STEWARDSHIP CREDITS

Notwithstanding references to payments in “Payment” clauses or provisions of this contract, payment for Stewardship Activities will be made with Stewardship Credits as indicated in the award document.

Stewardship Credits will be established on a monthly basis. Stewardship credits will be established for the number of units of each activity that have been completed and accepted. Acceptance may be for all, or a reasonable portion of, any specific activity.

Stewardship credits will not be established for work that is in progress that has not been accepted by the Forest Service. No credits will be established for work performed under terms of Schedule B. 2 and Appendix B Timber Removal Specifications.

G. 4 CONTRACTOR CERTIFICATION

Monthly, as Stewardship Credits are established, the Contractor shall furnish the following certification (Contractor Certification - Earned Stewardship Credits) or credit will not be received.

CONTRACTOR CERTIFICATION - EARNED STEWARDSHIP CREDITS

TRAPPER-BUNKHOUSE STEWARDSHIP PROJECT

I hereby certify, to the best of my knowledge and belief, that--

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) Payments to subcontractors and suppliers have been made, and timely payments will be made for the work activities covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments/credits does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name)

(Title)

(Date)

G. 5 TIMBER PAYMENT GUARANTEE

(1) General—

(a) To guarantee payment for timber scheduled for removal under the IRSC, Contractor may earn Stewardship Credits in advance of removal, or provide a Timber Payment Guarantee in the form of an acceptable surety payment bond, cash payment, or a deposit in a Federal Depository negotiable securities of the United States.

(b) Any earned Stewardship Credits and alternate Timber Payment Guarantee together will maintain a minimum unobligated balance equal to the applicable charges for timber the Forest Service estimates will be cut in 60 calendar days plus the value of any outstanding charges, or equal to the total value of the timber that has not been paid for.

(c) Securities shall be deposited through the Contracting Officer accompanied by a power of attorney and agreement authorizing the bond-approving officer to sell or collect such securities if payment is not made within 15 days of billing by Forest Service. The penal sum of such surety bond or the market value at time of deposit of such negotiable securities shall be the maximum amount of the payment guaranteed.

(2) A Timber Payment Guarantee for a single contract shall be provided utilizing FS Form 6500-12.

(3) Blanket Surety Bond—

(a) Contractor may furnish an acceptable bond, or deposit securities, to guarantee payment for timber from multiple contracts. Contractor shall not start cutting hereunder until this contract receives an allocation that will meet the obligation for payment guarantee.

(b) The amount of such bond or deposited securities shall be allocated to such contracts by the Forest Service. The Contractor will provide the contact information for the Forest Service representative administering the Blanket Guarantee.

(c) When there is to be no timber cutting hereunder for 30 days or more and payment of current charges has been made, the allocation to this contract shall be reallocated to other contracts at Contractor’s request.

(d) A Timber Payment Guarantee for multiple contracts (Blanket Guarantee) shall be provided utilizing

FS Form 6500-12a.

(3) Letters of Credit for Payment Guarantee—Contractor may use letters of credit in lieu of a surety bond for payment guarantee purposes when approved by Contracting Officer.

G. 6 EXCESS STEWARDSHIP CREDITS

In the event there are excess (unused) established Stewardship Credits when all of the included timber has been cut and removed the Forest Service, at its option, shall either add more timber or make cash payment for the unused credits.

G. 7 EXCESS TIMBER VALUE

In the event the value of the included timber exceeds the total value of all of the mandatory activities plus the ordered elective activities, the Contractor shall make cash payment for the excess timber value.

G. 8 REFUND OF EXCESS CASH

If at any time the credit balance of the Integrated Resource Statement of Account exceeds the charges for timber removed to date and for timber that the Forest Service estimates will be cut within the next 60 calendar days, any portion of such excess from cash in the account shall be refunded if requested by Contractor. If no cutting is planned within the next 60 calendar days, refund of the entire unencumbered cash balance may be made. After a refund, deposits shall be made to meet the requirements of the clause entitled, “TIMBER PAYMENT GUARANTEE” before additional timber may be cut.

G. 9 FINAL PAYMENT - RELEASE OF CLAIMS

The Government shall pay the amount due the Contractor under this contract after—

(a) Completion and acceptance of all work;

(b) Presentation of a properly executed voucher; and

(c) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H. 1 FAR 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by visual observation.

(b) Additional informational material made available to contractors including but not limited to: environmental documentation, timber cruise data, timber removal report, maps, etc.

H. 2 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 30 days after the date of contract award. The conference will be held at the Supervisor’s Office or the Darby Ranger District Office of the Bitterroot National Forest, and will include discussion of contract terms and work performance requirements, work progress schedule and fire prevention/suppression and safety plans.

H. 3 AGAR 452.236-72 USE OF PREMISES (NOV 1996)

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

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

H. 4 AGAR 452.236-76 SAMPLES AND CERTIFICATES (FEB 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance of materials and construction specified in the contract performance requirements.

Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

H. 5 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

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

(1) Overall Project Manager

(2) Logging Supervisor

(3) Road Work Supervisor(s) – supervising work in the timber removal specifications as well as other road work, maintenance and obliteration.

(b) During the first 365 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 365-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. 6 FSAR 4G52.222-701 EMPLOYMENT OF ELIGIBLE WORKERS (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.

H. 7 FSAR 4G52.222-702 LABOR STANDARDS FOR CONTRACTS INVOLVING MIGRANT

AND SEASONAL AGRICULTURAL WORKERS (DEC 1999)

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (see 29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to assure necessary protections for the workers.

In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, precommercial thinning, and site preparation and wildland fire fighting.

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children;

(3) parents, stepparents, or foster parents; and (4) brothers and sisters.

"Farm Labor Contractor", as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Certificate of Registration from the Department of Labor or an authorized State agency. The contractor shall carry the Certificate at all times while engaged in contract performance, and shall display it upon request. Any of the contractor's employees who also perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate.

(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, recordkeeping, vehicle safety, and housing:

(1) The contractor shall display and maintain at the place of employment the MSPA poster provided by the Department of Labor.

(2) Wage and Payroll Standards

(i) The contractor shall disclose in writing to each worker in a language common to the worker the full terms of their employment, including workers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional form WH-516 for contractor's use in disclosure.

(ii) The contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (i.e. per hour, per tree, per acre), number of units earned if paid on a per unit basis, hours worked, total pay, withholdings and purpose for each, and net pay. Payroll records shall be retained for three years.

(iii) Payments must be made no less frequently than every two weeks or semi-monthly. At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed above and which shall include the employer's tax identification number.

(iv) If paid on a piece rate basis, the employee's wage must be at least equivalent to the required hourly wage for the hours worked, including overtime differential for time in excess of 40 hours per week.

(3) Motor Vehicle Safety

(i) The contractor must be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. The authorization to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is still applicable. Any driver who transports workers for a fee or at the direction of the contractor must be registered as a farm labor contractor or a farm labor contractor employee.

(ii) Any vehicle under the ownership or control of the contractor shall comply with safety standards applicable to that vehicle. Generally passenger vehicles or station wagons must comply with Department of Labor regulations at 29 CFR 500.104. Vehicles other than passenger vehicles or station wagons which are driven more than 75 miles must comply with Department of Transportation Regulations at 29 CFR

500.105. All drivers must have a current, valid State driver’s license.

(iii) Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker shall be covered by vehicle insurance of $100,000 per seat (maximum $5,000,000). A workers compensation policy which covers the workers while being transported plus an additional property damage policy for $50,000 for loss or damage in any one accident to the property of others may be substituted for the vehicle insurance requirement.

(4) Housing

(i) The contractor shall house workers only in a commercial establishment or a facility that has been certified by a health authority or other appropriate agency. The contractor must post the certificate of occupancy at the housing site.

(ii) The authorization to furnish housing, other than commercial lodging, must appear on the contractor's certificate.

(iii) If the contractor is not furnishing worker housing:

Workers on this contract may obtain housing only in a residential accommodation, including a commercial establishment such as a hotel or motel, which meets all applicable state and federal standards for employee housing.

Within 10 days after award, and prior to the issuance of Notice to Proceed, the contractor must notify the Contracting Officer of the planned worker housing site.

If the housing site is located on a National Forest, the Contractor must obtain a permit from the District Ranger for the District on which the housing site is located and the facilities established for the workers must meet the applicable U.S. Department of Labor (USDOL) MSPA standards for such sites.

If the housing site is not located on a National Forest, the site must meet the applicable housing standards in

MSPA.

If an exemption from the permit requirement is claimed, the contractor must provide a written statement identifying the law authorizing the exemption, stating the facts constituting an exemption under that law, and identifying a USDOL employee or official who stated or concurred that the accommodations were exempt, citing name, date, and means of communication.

If the housing site is changed after approval by the Contracting Officer, the contractor must provide a new Permit or exemption statement. The above requirements are material conditions of this contract. If the contractor fails to comply, the Government may terminate the contract. In addition, other remedies or penalties prescribed by law may apply

Field Sanitation In accordance with US Department of Labor Fact Sheet No. ESA 97-28 “Field Sanitation Standards” (Ref.

29CFR 1928.110), employers must provide:

► Potable drinking water, suitably cool and in sufficient amounts, dispensed in single-use cups or by fountains, located so as to be readily accessible to employees.

► Facilities maintained in accordance with public health sanitation practices include upkeep of water quality through daily change or more often if necessary.

► Notification to each employee of the location of the water and allowance of reasonable opportunities during the workday to use them.