Pile Burning Solicitation Body AG-0489-S-10-0503.doc

High Cascades Ranger District Pile Burning

RECOVERY PROJECT

Table of Contents

DESCRIPTION

Page

1. SCHEDULE OF ITEMS

2. CONTRACT STATEMENT OF WORK

3. CONTRACT CLAUSES

4. SOLICITATION PROVISIONS

5. LIST OF ATTACHMENTS

SCHEDULE OF ITEMS

HIGH CASCADES RANGER DISTRICT

ROGUE RIVER-SISKIYOU NATIONAL FOREST

ESTIMATED

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

ITEM UNIT NAME

1. Hand Pile Burning

1.1 LEVEL I

AC.

1.2 LEVEL II

AC.

1.3 LEVEL III

AC.

1.4 LEVEL IV

AC.

Estimated Acreage per Meadow:

Total

Statement of work

1.

SCOPE OF CONTRACT

This project for fuels management services is to treat piled vegetation to reduce the risk of wildland fires. The services in this contract are designed to provide for hand pile burning and mop-up, and related services. Contractor shall provide labor, supervision, transportation, operating supplies, and incidentals to perform all work necessary to conduct prescribed burning and mop-up.

2.

LOCATION AND DESCRIPTION

2.1 Location of Project Areas -The work will be performed on the High Cascades Ranger District within a radius of 3 hours travel time from the city limits of Medford. The specific location of the projects are shown on the maps located in the attachments.

2.2 Boundaries of Project Areas - The project areas are generally identifiable as logged units, by changes in vegetation, roads, or flagging. The boundaries can be adjacent timber stands, recent harvest units, property line boundaries, or other natural or manmade features that clearly define the boundary as noted on the project area maps.

3.

TECHNICAL SPECIFICATIONS

3.1 Access to Project Areas 3.1.1 Access is by all-weather and seasonal roads. Seasonal roads may be impassable for several days after heavy rains or may be snow-blocked during the winter months.

3.1.2 Access to individual project areas may be through locked gates. Access behind locked gates shall be for the purpose of conducting work under this contract only. Locked gates shall remain locked at all times other than when the Contractor is passing through them unless other arrangements are approved by the COR.

3.1.3 Gate keys will be issued to the Contractor, and returned to the COR in a usable condition before final payment is made. The Contractor will be charged $30.00 for each key lost or returned in an unusable condition.

3.1.4 When two or more locks are present on a gate, the Contractor shall secure the lock so that access is not restricted nor prevent the unlocking of other locks on the gate.

3.2 Wildfire Guidelines and Procedure - If, in the judgment of the COR, a slopover that occurs during ignition or mop-up cannot be contained with the personnel and equipment identified in the Countermeasures for Slopover element of the Prescribed Fire Plan, the COR will declare a wildland fire (Definition: Wildland fire - An escaped prescribed fire is a wildfire). Under this condition, the Contractor shall take immediate action to control, suppress and mop up the escaped fire. The Contractor and crew(s) shall work under the direct supervision of the Government and continue working until released by the Government. The Contractor's personnel will be paid at the applicable firefighting rates paid by the Government. The COR will notify the responsible dispatch center and procedures specified in the Escapement Plan shall be implemented.

3.3 Smoke Management Clearance for Burning and/or Mop-up

3.3.1 The Government will provide smoke management clearance according to agency policy and procedures in accordance with the Oregon Smoke Management Plan. Clearance is dependent upon weather conditions. Weather conditions and number of units receiving burn clearance vary from season to season. The Government may not provide clearance for all units requested due to these reasons. Government agencies in southwestern Oregon support the effort to reduce problems in smoke sensitive areas, and agencies will not authorize prescribed burning when local conditions will not allow adequate smoke dispersion. The COR will determine when local conditions will prohibit burning.

3.3.2 The Government will determine which units are ignited on any day(s).

3.4 Contractor Liability - ORS Chapter 477 will apply to all Contractor operations except prescribed burning. For prescribed fire, the Contractor shall be liable for suppression cost and resource damages only as a result of failure to follow the approved Prescribed Fire Plan.

3.5 Sequence of Work - The Contractor shall keep the COR or project inspector (PI) informed of crew(s) location(s) and notify the COR when units are completed and when new units are begun.

3.6 Special Requirements 3.6.1 In accordance with U.S. Fish and Wildlife Service Biological Opinion #1-14-03-F-511 for 2004-2008, the following restrictions shall apply if the Government detects the following species on or adjacent to the project area:

a. Bald Eagle- No prescribed fire within 1/2 mile of an active nesting site. Activities shall be restricted to January 1 to August 31 unless the Government determines the site to non active.

b. Spotted Owls - Chain saw activity within ¼ mile radius of a nest site or activity center of known pairs and resident singles shall be prohibited from March 1 through June 30. If the Government determines that a site has become active, a Suspend Work Order will be issued for the area of activity until after June 30.

DEFINITIONS

Accessible - Road access to a unit. Unit will be considered accessible when Government-provided road access is within 1/2 mile of the unit.

Allowable Area - An area identified by the Government in the Prescribed Fire Plan where a fire outside the planned project perimeter will not be declared a wildland fire until it exceeds specified criteria, exceeds a stated target size or threatens the boundary of the allowable area. In such cases an escape does not need to be declared until the criteria in the Prescribed Fire Plan have been exceeded.

Brush (or shrub) - See definition for shrub.

Burn Plan - Commonly used term for the Prescribed Fire Plan.

Clump - Single tree and/or shrub with multiple stems originating from one bole or root collar.

Complexity of Prescribed Fire Projects - The Government will evaluate and rate prescribed burn complexity based on the Prescribed Fire Complexity Rating System Guide contained in Section J. The Guide considers three fire complexity factors: risk, potential consequences, and technical difficulty. Fourteen elements are assigned a Low, Moderate, or High complexity rating for each factor and a summary complexity is determined. Complexity and Level Of Difficulty (LOD) are not synonymous. Burn complexity is one of several factors that influences LOD. A highly complex burn may not be a highly rated LOD. This contract covers only non-complex burns and will require a Prescribed Fire Burn Boss (RXB III).

Contingency Plan - Identification of actions to be taken if the fire exceeds prescription parameters and/or escapes perimeter lines and cannot be returned to prescription or contained with the resources identified in the Prescribed Fire Plan.

Control Line (fireline) - An inclusive term for all constructed or natural barriers and treated fire edges used to control a fire.

Crew Member or Prescribed Fire Crew Member (FFT2 - Firefighter) - The individual responsible for performing field work aspects of this contract (fireline construction, slashing, hand piling, ignition, holding, mop-up) involving the use of hand tools, chainsaws, drip torches, and water handling equipment.

Crew Supervisor - A crew member who provides direction and supervision to fellow crew members during burn unit preparation or wildfire hazard reduction treatments. Is responsible for work accomplishment and performance in accordance with the requirements of the contract.

Cultural, Special Status, Survey & Manage and/or Threatened and Endangered (T&E) Sites - Locations where special protection or measures are required to preserve and protect cultural values and species of plants or animals in designated categories.

Cup Trench - A trench constructed on the outer edge of the undercut line, deep enough to catch rolling embers and cones on steep slopes.

DBH - Diameter measured at breast height, 4.5 feet above ground on the uphill side of the tree.

Duff - Decaying organic material found on the forest floor (all materials down to mineral soil).

Engine - Self-propelled unit equipped with a suitable tank, pump, hose, nozzle, plus other accessories necessary to be a well-equipped independent unit, including minimum required hose and hand tools for fire protection.

FBPS Fuel Models - There are 13 fuel models used for estimating fire behavior as described by Anderson H.E., Aids to Determining Fuel Models For Estimating Fire Behavior, GTR INT-122/NFES 1574, April 1982

Firefighter 2 - FFT2 and Crew Boss - CRWB - Standard classifications of positions on fire projects as defined in the Wildland Fire Qualifications Subsystem Guide published by the National Wildfire Coordinating Group, Publication Numbers PMS 310-1 and NFES 1414. Available under “Qualifications” at the following website: http://www.nwcg.gov/teams/pmswt/pms.htm

Fireline - See Control Line.

Firing - The intentional setting of fires to fuels during the ignition phase of prescribed burning.

Firing Boss - See Ignition Specialist.

Flank Lines - A fire control line constructed on the side of the unit (running across contours, i.e. up or down the slope).

Hardwood - A broad-leaved tree which usually has a single well defined trunk and/or is capable of attaining a height greater than 20 feet. Certain sprouting hardwood species may be in the form of multi-stemmed clumps. Both mature trees and young regeneration currently less than 20 feet in height are considered hardwoods. Species include, but are not limited to, canyon live oak, chinquapin, big leaf maple, madrone, tanoak and oak species.

Hazard - The existence of a fuel complex that constitutes a threat of wildfire ignition, unacceptable fire behavior and severity, or suppression difficulty.

Hazard Reduction - The planned treatment or manipulation of naturally growing vegetation or any other flammable material for the purpose of reducing rate of spread and output of heat energy from any wildfire occurring in the area treated.

Head Fire - A fire front spreading or set to spread with the wind or upslope.

Holding - Actions required to contain the fire within the natural or constructed fireline and prevent escapes and slopovers.

Holding Specialist - Formerly known as Holding Boss. The individual who provides direction personnel responsible for holding the line during the ignition and cool down period(s). Required individual qualifications are identified in the Prescribed Fire Plan and are based on the complexity of the burn.

Ignition - Fire started by hand, using ignition devices such as fusees and drip torches.

Firing Boss (FIRB) - Formerly known as Prescribed Fire Ignition Specialist provides direction to lighting crew during ignition of the unit. Standard classifications of positions on fire projects as defined in the Wildland Fire Qualifications Subsystem Guide published by the National Wildfire Coordinating Group, Publication Numbers PMS 310-1 and NFES 1414. Both are available under “Qualifications” at the following website: http://www.nwcg.gov/teams/pmswt/pms.htm

Infrared (IR) Scan - A procedure that locates hot areas through hand held devices (probeye, Palm IR) and/or IR photography.

Jackpot - Concentration of slash or natural fuels, heavier than the surrounding areas.

Ladder Fuels - Fuels that provide vertical continuity between the ground and the tree crowns, thus creating a pathway for surface fire to move into the overstory tree crowns.

Lateral Lines - Hose lays that provide water delivery off of the trunk or main line.

Litter - Needles, duff, twigs, cones and leaves.

Mainline - A hose lay which provides transportation of water from the source to lateral lines.

Density Management Restoration Area (DMRA) – A geographic area selected for treatments such as, but not limited to, density management, hand piling and burning.

Mobilization - The act of delivering all ordered personnel and equipment to the project area.

Mop-up - To locate and physically extinguish by the efficient use of water, dirt, chemical agents, or any combination thereof, all burning, smoldering, or burned material.

Mop-Up Boss - The individual who provides direction to those personnel responsible for extinguishing the fire after ignition and holding are completed and until the COR accepts the unit.

Percent Cover - Portion of the project area beneath the drip line of vegetation to be cut.

Prescribed Fire - Controlled application of fire to wildland fuels in either their natural or modified state, under specified environmental conditions which allow the fire to be confined to a predetermined area and at the same time to produce the intensity of heat and rate of spread required to attain planned resource management objectives.

Prescribed Fire Burn Boss (RXB3) – Person responsible for organizing and management of all personnel and equipment on the burn project and for meeting prescribed burn objectives. Standard classifications of positions on fire projects are defined in the National Wildfire Coordinating Group Wildland Fire Qualifications Subsystem Guide (PMS 310-1, NFES 1414), which is available under “Qualifications” at the following website: http://www.nwcg.gov/teams/pmswt/pms.htm. The local standards referred to in this document are as follows: To be qualified as RXB3, the individual must have successfully completed S-290 and be qualified as an ICT5.

Prescribed Fire Plan - Also called the Burn Plan. A written plan which includes burn area description, resource and prescribed fire objectives, fuels description, weather and fuel parameters, acceptable fire behavior, smoke management and other considerations, ignition schedule, ignition and holding plan, safety considerations, workforce and equipment needs, unit maps, escape contingency plan, crew briefing and go/no go checklist, and the complexity rating of the burn project. The plan must be reviewed and approved by the COR prior to implementation. The approved plan constitutes the authority to burn, subject to clauses 3.3.1, and 3.3.2.

Project Area - The area being treated as identified by the maps.

Reburn - Open flames that develop after the ignition phase in fuels that have previously ignited.

Riparian or Riparian Reserve Buffer - A no-treatment buffer along a stream channel. Buffer width and location will be identified in the TO and will be excluded from the acreage for payment.

Shrub (or brush) - Any vegetation consisting of woody perennial plant usually having single or multiple stems originating at or near the ground level and less than 20 feet in height.

Slash - Any cut vegetation or existing natural (dead and down) woody debris.

Slopover - Fire that crosses an established control line but can be contained by personnel, equipment, and in a location identified in the Prescribed Fire Plan (Counter measures for Slopover).

Snag - A standing tree or part of a tree that is dead or has 10 percent or less live crown.

Spot Fire - Any fire located outside of the burn unit caused by airborne fire brands or radiated heat emitted from the prescribed fire.

Stream Channel - That area influenced by high water at the time of the year with the highest flow.

Tons/Acre - Unit of measurement of fuel. May include one or more of the following items: slash, live vegetation, duff.

Top Line - Fireline constructed on the top of the unit (running parallel to the contours, i.e. across the slope).

Trench - Cut at a 45-degree angle across the fireline to deflect burning material back into the burn.

Undercut Line (Underslung) - Fireline constructed on the bottom of the unit (running parallel to the contour, i.e. across the slope).

Water Bar - Trenches cut at a 45-degree angle across the fireline to deflect water and reduce erosion.

Wildland Fire - An escaped prescribed fire is a wildland fire. The COR determines that an escape exists based on two criteria: (1) When containment of a slopover requires personnel or equipment exceeding that specified in the Countermeasures for Slopover element of the Prescribed Fire Plan; (2) When environmental conditions and/or fire behavior exceeds that specified in the Prescribed Fire Plan and the COR determines that an escape has or is likely to occur. The declaration of a wildland fire can only be made by the COR or Alt COR.

Wildlife Trees - Standing dead or live trees left for nesting, feeding, perching and shelter for bids and mammals. Trees may be marked with paint and/or designated with a tag stating it is a wildlife tree or as identified by the COR.

CONTRACTOR-FURNISHED PROPERTY AND SERVICES

5.1 Unless otherwise specified herein, the Contractor shall provide all labor, transportation, materials, and equipment necessary to perform the work as described herein.

5.2 The Contractor shall provide a means of communication whereby the Government can leave a message and receive a response within 8 hours. The Government will consider the Contractor notified to begin work when the message has been delivered. This system must be in operation 24 hours per day.

5.3 Noxious Weeds - Insure that all equipment is cleaned off prior to operating on Government lands. Remove all dirt, grease, and plant parts that carry noxious weed seeds or vegetative parts. This may be accomplished with a pressure hose. In addition, if equipment is found operating in a noxious weed area, the equipment must be cleaned before moving to another area.

5.4 Contractor shall furnish at least two radios capable of communicating within a frequency range from 150 MHz to 174 MHz on established federal and State frequencies.

5.5 A supervisor, who is knowledgeable and experienced in the required work and supervision, shall be provided for each crew and is required to stay with the crew while work is in progress.

5.6 Furnish personal protective equipment as required by OSHA for prescribed fire operations.

6.

GOVERNMENT FURNISHED PROPERTY AND SERVICES

6.1

The Government shall furnish property and services as listed below:

6.1.1

The Government shall furnish Unit Prescribed Fire Plans. The Government will provide a Prescribed Fire Plan form for each burn unit and may vary in format based on agency.

6.1.2 Maps and aerial photos of project areas.

7.

SPECIFIC TASKS.

7.1

Prescribed Burn and Mop-Up: Hand Pile Burn

7.1.1 Hand Pile Burns will be determined as follows:

Subitem 1.1 - Level I - An average of 11 to 25 piles per acre.

Subitem 1.2 – Level II – An average of 26 to 50 piles per acre.

Subitem 1.3 – Level III – An average of 51 to 75 piles per acre.

Subitem 1.4 – Level IV – An average of 76 to 125 piles per acre.

7.1.2

The burning season for hand piles for the interior southwest Oregon normally is during November and December. However, conditions permitting burning may occur at anytime from the middle of October through late May. Major control problems can occur during a period of frontal passage and strong east wind conditions. Close attention to weather forecasts and securing and patrolling of previously burned units is common practice to eliminate any fire spread from burned piles or escaped fires outside unit boundaries.

7.1.3

All prescribed fire operations shall be initiated only when a Prescribed Fire Plan has been approved and signed by the COR. All elements of the plan shall be followed unless a deviation has been approved in advance by the COR and District Fuels Specialist.

7.1.4

Clearance to Burn - The Contractor shall be responsible for monitoring fuel and weather conditions to determine time periods when units are in the prescription parameters identified in the Prescribed Fire Plan. The Contractor will consult the Government regarding short, mid, and long term weather forecast to determine the potential impacts to fuel moisture conditions and the ability to meet Prescribed Fire Plan objectives. The Contractor shall notify the Government no later than 1200 hours on the day prior to ignition when specific units are within burn prescription parameters and of their request to burn. The Government will notify the Contractor via telephone or direct communications at or before 0900 hours on the day of the proposed ignition of smoke management conditions and any updated weather forecasts that would cancel the burning. The Government will grant final approval to conduct burning. Approval is based on the Government verifying: 1) unit fuel and weather conditions are within Prescribed Fire Plan parameters and prescribed fire and resource objectives are attainable; 2) Prescribed Fire Plan parameters and objectives for smoke management are attainable based on smoke management instructions and forecast, and weather forecasts for proposed burn date and time; and 3) successful completion of the Go/No Go Checklist and the test fire.

7.1.5 During ignition operations, the Contractor's crew supervisor shall maintain contact with the Government representative through mutually-agreed-upon communications system at all times.

7.1.6 Stoke each pile until at least 90 percent of the pile is consumed. Units with a high tree cover and pile density shall be staged burned to reduce crown scorch. Stage Burning is at the COR’s discretion.

7.1.7 Holding typically is not necessary when piles are burned during winter conditions. Conduct holding operations as necessary in accordance with the prescribed fire plan. Relocation of personnel and equipment may be required as ignition and burnout progresses. The Contractor's crew supervisor shall recognize the need for and make such relocations, dependent upon on-site weather and fire conditions.

7.1.8 Do not fall any reserved trees which may have fire in them without written approval of the COR.

7.1.9 Mop-up shall be performed in accordance with the following:

a. Complete mop-up and patrol of unit(s) to the extent provided for in this section to meet the mop-up objectives of (1) the prevention of fire escape outside the primary unit boundaries, and (2) prevention of creeping outside pile location.

b. Complete mop-up and patrol identified by the P.I. or COR to meet the objectives described in 7.2.10(a) within 48 hours from 8:00 am the day following completion of ignition in that unit, or until released from such services by the COR, whichever comes first. Advise the Government of conditions which prevent the meeting of mop-up objectives within the 24-hour period.

c. Completely extinguish all burning material within the designated mop-up area.

d. The Contractor may use CO-approved wetting agents, retardants, foam, or suppressants during mop-up and ignition operations. Contractor shall assure these do not leak or spread into streams, water sources or standing water. Root wads (uprooted stumps with roots attached) shall be thoroughly extinguished (dug around and rotten or loose wood scraped off). Fireline berms shall be thoroughly extinguished.

e. Project Area creeping - Should creeping occur during the mop-up operation, the Contractor shall suppress the fire and notify the Government immediately. The cost of reworking the area to contract requirements shall be borne by the Contractor.

f. Mop-up contingencies are established and will be initiated by the COR for the following situations:

1) If prescribed fire is declared a wildland fire by the COR, the Government will immediately assume control of the project area. Following declaration of the wildland fire, Contractor's personnel shall be made available to the Government for fire suppression and will be paid at the applicable firefighting rates paid by the Government.

8.

INSPECTION AND ACCEPTANCE

1.0 Refer to inspection of commercial items in terms and conditions clauses.

2.0

METHOD OF INSPECTION

2.1 All work included in the contract specifications shall be subject to inspections by the Government at periodic intervals during the performance of this contract. Treatment inspections are for the sole benefit of the Government and shall not release the Contractor of the responsibility of providing quality control measures to assure that the work strictly complies with the contract requirements.

2.2 Prescribed Burn and Mop-up 2.2.1 The COR or Alt COR, and/or PI will be on site during burning operations (ignition and holding). The Contractor's activity will be monitored throughout the operation for compliance with the prescribed fire plan, daily shift plan, and that resource, prescribed fire, and smoke management objectives are being met. Compliance with the Prescribed Fire Plan and Daily Shift Plan will be required unless concurrence is obtained from the COR or Alt COR prior to deviating from the plan. A Notice of Noncompliance or Suspend Work Order will be issued for all other deviations from the Prescribed Fire Plan.

2.2.2

The Government will inspect patrol and mop-up operations to determine compliance with the mop-up standards required for compliance with all specifications in Specific Task 7.1. The Government will inspect holding, mop-up or patrol operations to determine compliance with all specifications in Specific Tasks 7 and the Module(s) Daily Shift Plan objectives, standards, and assignments.

2.2.3 100% inspection of the designated mop-up areas will be made by the Government either visually and/or with infrared-scan equipment to ensure that all burning material has been detected. The Contractor shall extinguish any burning material detected before final acceptance is made.

3.0

ACCEPTANCE

3.1

Final acceptance of all items will be based upon satisfactory completion of the work in accordance with the specifications on a unit-by-unit basis for all items.

3.2 Prescribed Burn and Mop-up 3.2.1 Acceptance of the burning and holding, mop-up or patrol will be made by the COR, if the Resource and Prescribed Fire Objectives are met, and the Contractor is in compliance with the specifications for satisfactory burning, holding, mop-up or patrol.

3.2.2 Acceptance for Mop-up or Patrol will be based upon the results of an infra-red scan revealing no burning material, if requested by the Contractor or the Government; or by visual inspection by the Government. Acceptance may occur at anytime, starting from 0800 hours on the day following ignition. Acceptance will be made in writing by the Government.

4.0

BASIS OF PAYMENT

4.1 Method of Measurement

4.1.1 a.

Acreage is measured on the horizontal plane.

b. The Contractor may, at any time during the course of the contract, request remeasurement of any project area if he feels that the acreage stated in the contract is incorrect. If remeasurement indicates that a variance of 5% or less exists, the Contractor will pay for the actual cost of the remeasurement. Under this condition, payment for the project area will be made on the acreage stated in the contract. If remeasurement indicates the actual variance is greater than 5%, payment for the project area will be based on the remeasured acreage.

4.1.2 Payment

a. Prescribed Burn and Mop-up: Payment will be made at the unit price on a per acre basis for the acreage shown on the Schedule of Items. If the Work Quality Performance equals or exceeds 90 percent before rework, full payment (100%) will be made. Payment for those units which do not meet the minimum AQL of 90 percent, will be made at a rate determined by multiplying the actual WQP by the bid price.

No additional payment will be made for fireline construction, holding, or mop-up on slopovers or spot fires when no wildland fire declaration is made. Furthermore, no additional payment will be made for slopovers, spot fires, or escapes that occur when failure to follow the prescribed fire plan caused or contributed to the slopover, spot fire, or wildland fire.

9.0 DELIVERIES OR PERFORMANCE

1.

AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is not to exceed April 1, 2011 52.212-3 Commencement, Prosecution, and Completion or Work (APR 1984) The Contractor shall be required to (a) commence work under this within ten (10) calendar days after the date the Contractor receives the notice to proceed; (b) prosecute the work diligently; and (c) complete the entire work ready for use not later than the number of days shown below after the date of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

Expected progress rates are as follows (contract time commences at time of issuance of Notice to Proceed)

Burning Handpiles - 10 acres per day. Burning is dependent on weather conditions.

10.0 CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled at a date and time to be announced after contract award.

3.

Designation of Contracting Officer’s Representative

The Contracting Officer designates the Contracting Officer's Representative (COR).

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

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

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

Project Inspector Definition "Project Inspector" means the person designated by the COR to perform, as needed, on-the-job Government inspection of work accomplished by the Contractor.

The Project Inspector is responsible for checking the Contractor's compliance with the technical specifications, drawings, work schedule, and labor provisions at the site of the work.

Contractor's Representative

The Contractor's designated representative shall be conversant in the English language. A Contractor's Representative who does not possess the ability to communicate with Government representatives, orally and in writing, will not be acceptable to the Government and may be cause for the Government to suspend Contractor's right to proceed until a suitable Contractor's Representative is designated.

11.

SPECIAL CONTRACT REQUIREMENTS

1.

PROSECUTION OF THE WORK

1.1 The capacity of the Contractor's plant, method of operation, and forces employed shall, at all times during the continuance of the contract, be subject to the approval of the Contracting Officer and shall be such as to assure the completion of the work within the specified period of time. To the extent stated in the specifications, the Contracting Officer shall have the right to select the sequence in which the individual work will be completed.

1.2 If work is seriously or chronically deficient, the Contractor's right to proceed may be suspended until the performance problems can be resolved and work may resume. The contract time will continue to run during any such period of suspension.

1.3 The Contracting Officer may, in writing, require the Contractor to remove from the work any employee found to be working in an unsafe manner.

2.0

ENVIRONMENTAL INTERRUPTION OF WORK

2.1 Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions or fire danger. The Contractor will be given a resume work order which will document the date the work suspension ends. An allowance has been included in the contract time for short term environmental delays up to one day at a time. The count of contract time will therefore continue during work interruptions of one day or less, but the count of contract time will stop during work interruptions in excess of one day at a time. All periods of interruptions directed by the Government will be documented. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

2.2 Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, or Federal candidate (Category 1 and 2), sensitive or state listed species, identified under BLM Manual 6840, are discovered to be present in or adjacent to the project area. Actions taken under this paragraph shall be subject to the Suspension of Work clause in Section I, FAR 52.242-14.

3.0

PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL RESOURCES

If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any objects or sites of cultural value on the project area, such as historical or prehistorical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the COR in writing of the findings. No objects of cultural resource value may be removed. Operations may resume at the discovery site upon receipt of written instructions. Actions taken under this paragraph shall be subject to the Suspension of Work clause in Section I, FAR 52.242-14.

4.0

SUBCONTRACTS

If the contractor desires to subcontract any work under the contract, it shall obtain the Contracting Officer's written consent. The request to subcontract shall contain the following information:

(a) Name of subcontractor

(b) Description and amount of supplies or services to be subcontracted. The Contractor shall insert in any subcontracts all applicable clauses contained in the contract.

5.0

RESTORATION OF RESOURCES

5.1 Cleanup - The Contractor is responsible for cleaning up all camp and worksites before leaving the area. Final payment may be withheld until the Contractor has complied with this requirement.

5.2 Access Roads - Public or private access roads damaged by the Contractor shall be restored, at his expense, to the same condition they were in at the commencement of work.

6.0

PREWORK MEETING

Prior to start of work, the Contracting Officer or COR will contact the Contractor and establish a prework conference date and location to discuss the contract terms, work performance requirements, and the Contractor's plans for conducting the work.

7.0

PERSONAL PROTECTIVE EQUIPMENT

1. The contractor will train in the safe operation and use of equipment to all workers using such equipment.

2. 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.

3. Defective or damaged personal protective equipment shall not be used.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

8.

CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS

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

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

2. 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.

3. 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.

4. The campsite shall have a clean appearance at all times.

5. 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.

6. 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.

7. Damaging or removing any natural feature or other property of the Forest Service is prohibited.

8. Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area.

9. 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.

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

11. 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.

12. 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.

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

a. Gauze pads (at least 4x4 inches)

b. Two large gauze pads (at least 8x10 inches)

c. Box adhesive bandages (band-aids)

d. One package of gauze roller bandage at least 2 inches wide

e. Two triangular bandages

f. Scissors

g. At least one blanket

h. Tweezers

i. Adhesive tape

j. Latex gloves

k. Resuscitation device such as resuscitation bag, airway, or pocket mask

14. 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.

15. 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.

16. 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.

17. The contractor shall comply with the following fire regulations during fire season:

a. 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.

b. 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.

c. 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).

d. 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.

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

19. The Forest Service reserves the right to terminate a camping permit at any time.

END OF STATEMENT OF WORK

CONTRACT CLAUSES

52.212-4 -- Contract Terms and Conditions -- Commercial Items (Mar 2009)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is…