a.AG-04KK-S-13-0007.docx

AG-04KK-S-13-0007 2013 Summit Creek Little Logan Fence Project Solicitation Page 1 of 35

SECTION B - Supplies or Services and Prices/Costs Schedule of Items

2013 Summit Creek Little Logan Fencing Project

TOTAL

*Contract Quantities as defined in 109.02b

B-2 - NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under Mobilization.

Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

B-3 CONTRACTOR INFORMATION

TIN: __________________________

DUNS: ________________________

SECTION C - Description/Specifications/Statement of Work

C-1 Description of Work This contract is for the purpose of removing existing cages, constructing cages, and constructing a buck and pole fence on the Prairie City Ranger District.

This project consists of the construction of two different types of fences. The two types of fences are: 1) buck and pole exclosure fence and 2) cages for willow protection. See specifications for each for more detail.

C-2 Project Location The fencing projects are within the Malheur National Forest, Prairie City Ranger District- Grant County, Oregon. The general area that the fencing will occur is along Summit Creek within the Little Logan unit of the Summit Prairie Allotment. The separately attached unit and vicinity maps show exact locations.

C-3 Accessibility Most work areas may be reached by standard two-wheel drive pickup during normal operating seasons. Some units, however, may require a four-wheel drive vehicle for access or may be behind closed or blocked roads. Occasionally, units may not be immediately accessible from a road and will require a short “walk” through another unit to access. Inaccessibility due to snow, fallen trees, road conditions, slides or washouts on roads may or may not be corrected at the option of the government.

The Contractor(s) may request entry on cooperative road closures or other road closures through the appropriate district office. Approval for use of closed roads in the project(s) area will be determined on a case-by-case basis by the District Ranger/Manager.

Use of an ATV is allowed for use in all areas as long as there is minimal soil disturbance.

C-4 Information for Little Logan Cages There are 148 cages along Summit Creek within the Little Logan unit of the Summit Prairie Allotment. Cages flagged in pink (P) shall be removed and enlarged with 16 foot horse panels placed around the willows. There will be 49 new larger cages (panels) placed around single willows or clumps of willows.

Cages flagged in orange (O) shall be removed and nothing else done to them. On the area that is staked and flagged with lime green (LG) flagging, Contractor shall construct a buck and pole fence to be placed around those willows and the cages removed from the willows within the buck and pole fenced area. The cages can cross the stream channel to get the 16 foot area around the willow plants.

Below are the cage numbers along with the UTM location, whether is it flagged in pink or orange, and if the cages are to be clumped together within the new enlarged willow cages and placed in the buck and pole exclosure fence.

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

There are 65 cages that shall be removed and another 82 cages removed with larger cages placed around them to create 49 new larger cages that will be placed around a single willow or clumps of willows.

C-5 Fence Specifications for Panel Cages

(a) This work shall consist of the building of panel protection cages in accordance with these specifications and in conformity with details of the lines and grades shown on the drawings. The panel protection cages shall be constructed with the designs as shown in the attached drawings, built in accordance with these specifications, and at the locations flagged on the ground and the location of the protection cages removed from the site. The flagged area is the general location of the panel protection cage to be enlarged or those cages to be removed. The panels shall be placed 16 feet away from the willows to allow the willows to continue to grow in their natural growth form.

(b) Actual building shall follow the location of the flagged existing cages that will be enlarged as close as necessary to take advantage of topography, tree ties, etc. The panels may cross the stream channel to reach the 16 foot protection area for the cages.

(1) Materials size and placement shall be maintained as shown in the attached drawings.

(a) Wire or fencing material of size and type required shall be firmly attached to the posts and braces in the manner shown on the drawings.

(i) Rock Tie Downs or Log Tie Downs – Rock tie downs or Log tie downs are permissible to maintain proper wire spacing and height. They shall be built of barbed wire or No.9 wire and placed around the rock weights in two directions to form a cradle. Tie downs shall not be substituted for other structures. Rock used in weighting shall be in contact with the ground surface when suspended.

(c) Materials will include: 1) T-133 Steel T-Posts that are 5.5 feet long and 2) 16’ X 60” with 2”x2” woven mesh panel (Horse Panel).

CLEARING

(a) Fence right-of-way (ROW) shall be cleared 6 feet on both sides of the fence line and 10 feet high on each side of all brush, saplings, trees less than 6 inches DBH, and obstructive rocks which prevent free movement of livestock. Clearing shall be 6 feet wide around all fence members. A dozer/tractor SHALL NOT be used to clear the ROW.

(b) All trees shall be removed from inside the willow buck and pole exclosure and the enlarged willow cages. All stumps shall be cut flat across. All logs, felled trees, limbs, slash, brush, and other material shall be removed from the ROW and scattered as indicated in the debris disposal specifications included in this contract.

(c) Pruning of trees shall not cause the tree to bleed. Branches shall be cut flush to the trunk. Pruning height shall be a minimum of 10 feet.

(d) The Contactor shall perform such clearing and grubbing as may be necessary to build the fence to the required grade and alignment.

(e) Continuous grubbing or grading along the fence line shall not be done. The fence shall be erected on natural contour when possible.

(f) When the fence ROW generally parallels a system road, falling, clearing, and disposal shall be away from the road.

(i) ROW clearing limits along a fence line can be met by using natural openings, etc. This shall be done with the approval of the COR. Limited felling shall be done adjacent to the wire in such cases.

(j) If in the opinion of the COR the Contractor is causing excessive damage outside the clearing area in his/her operations, the Contractor shall be required to alter his/her operations to prevent the occurrence of such damage.

PROTECTION

(a) Protection of stream courses – Trees shall be felled in such a manner so that the direction of fall is away from stream or draw bottoms. Trees shall be wedged, jacked, lined, or otherwise pulled when necessary to meet this requirement.

(b) Protection of Improvements – The Contractor shall protect existing improvements such as roads, trails, telephone lines, ditches, and fences in the contract operating area. Slash and debris resulting from the Contractor’s operation shall be handled in the same manner as material along the project line of construction.

(c) Protection of Land Survey Monuments – The Forest Service will appropriately designate on the ground all known survey monuments, section corners, and other corner accessories. The Contractor shall protect all known survey monuments, witness corners, reference monuments, and bearing trees against avoidable destruction, obliteration or damages.

(d) Protection of Improvements Not Owned by Forest Service – When the Contractor’s operations are adjacent to properties of railway, telegraph, telephone, power companies, or other property, work shall not begin until all necessary arrangements to prevent damages have been made by the Contractor.

(e) Protection of Property – To the extent practicable, the Contractor shall confine operations to within the clearing limit or other areas designated in the contract.

(f) Protection of Reserve Trees

(1) Live or dead reserve trees identified on the ground by tagging and flagging shall be protected from damage or destruction by the Contractor.

(2) Damage includes any injury to the living crown, bole, or roots of reserve trees. If areas are marked on the ground around such reserve trees, operation of equipment within said area or additions of slash shall be considered damage to the tree. The Contractor shall pay $100.00 for each tree damaged or destroyed.

(3) A “reserve Tree” is any tree containing visible nests or holes in the tree which could be used by birds or animals, or marked with orange paint or signed as a reserve (genetically superior) tree.

(4) Meadow Protection – Reasonable care shall be taken to avoid damage to cover, soil, and water in meadows. Unless otherwise agreed to, trees felled into meadows shall remain in the meadow.

DEBRIS DISPOSAL (SLASH)

(a) The term “slash” is all vegetative material including logs, pushed-out stumps, broken tops, limbs, branches, rotten wood, damaged brush, damaged or destroyed reproduction, saplings, old wood fence materials, or poles which are created by the Contractor’s operations.

(b) All debris 2 inches or greater in diameter, and exceeding 2 feet in length or created by the project shall be processed in the following manner.

(1) Any material 6 inches DBH or less which is felled within the 12-foot ROW shall be scattered out of the ROW area.

(c) Any live trees must be cut from the ROW area or burn bay shall be marked by the COR prior to felling. Trees so marked and felled shall be bucked out from the butt end a minimum of 8 feet x 6 inches. The bucked portion shall be removed and scattered out of the ROW area. The portion of the tree lying outside the ROW shall be totally limbed so that all pieces are as much in contact with the ground surface as possible and this material shall be left without piling. Areas of heavy brush concentration shall not be limbed out or hung-up trees brought to the ground when additional felling of non-hazard trees would be required to accomplish this work.

(d) Any hazard trees over 6 inches DBH outside the 12-foot ROW (total of both sides) shall be cut and totally limbed but not piled. Hazard trees inside the ROW shall be bucked to 8 feet x 6 inches and this material scattered as per above specifications. The remainder outside the ROW shall be limbed and left in place.

(e) All material felled shall generally be put on the ground at or near right angles to the fence to minimize windrowing.

FENCE CONSTRUCTION INSPECTION PROCEDURES

(a) The Contracting Officer’s Representative (COR) or Inspector will make periodic inspections. The Contractor or Contractor’s Representative is encouraged, but not required, to observe the inspection and will receive inspection summaries upon request.

(b) Inspection of fence will be 100 percent visual and/or manual.

(c) Fence inspection will be in 1/4 –mile increments.

C-6 Fence Specifications for Buck and Pole Fence Clearing The fence shall be located in the center of cleared ROW. A six foot ROW on each side of the fence is to be cleared of logs and trees. Limbs on trees shall be removed to a height of 8 feet on trees used as posts in the fence. Limbs and brush removed from the ROW shall be scattered off the ROW. All slash must be kept at least 20’ from any game or livestock trails. All stumps on the ROW shall not be higher than 3 inches from the ground.

All trees shall be removed from inside the willow buck and pole exclosure. All stumps shall be cut flat across. All logs, felled trees, limbs, slash, brush, and other material shall be removed from the ROW and scattered as indicated in the debris disposal specifications included in this contract.

Hazard Trees All dead trees within 25 feet of the fence line will be felled. Any large snags that are likely to fall towards the fence line must be felled prior to construction of the fence. Any tree in question will have to be approved by the Forest Service before leaving it. The felled hazard trees will be bucked up to a distance of 6 ft. on either side of the fence and the material removed from the 6 ft. ROW on each side of the fence. The remainder of the felled hazard trees need not be limbed or bucked. If there is a question as to the necessity of felling a specific tree, the contractor shall consult the Forest Service.

Fence Line Location All fence line locations are flagged with ribbon identified by the COR. Gate locations are flagged with ribbon identified by the COR. Deviations from the flagged line of more than 20 feet will need approval from the Forest Service.

Construction Poles Poles will vary in length and diameter depending upon potential snow load. Three to four poles shall be spaced as follows: The bottom pole will be a minimum of 16 inches from ground level and a maximum of 18 inches, the next remaining poles will be spaced equally with the top pole approximately 52 inches. If the fence is intended for wildlife exclusion, the bottom pole will be a minimum of 12 inches from ground level and include one pole attached so that no more than 12 inches of space is allowed between each pole. The number of poles will be determined by the height of the fence. The poles will be hung on the outer perimeter of the fence to prevent livestock/wildlife from pressing the poles off of the fence. Use of green or seasoned poles will be determined by the Forest Service if materials are gathered on site. Lodgepole pine or western larch poles are the preferred material. Treated pole material may be substituted for native material.

Bucks Buck diameter shall be no less than eight inches. Buck length will be six feet unless otherwise specified. Assembly of bucks should use a framing horse to ensure consistency in mortise angle (see diagram A). Both legs of each buck shall use the same diameter material. Mortise cuts will be made to allow for 12 inches of material to make up the “V” notch in the top of the buck. Cut notches at a 60 degree angle for standard bucks and 80 degree angle for bucks in severe wind areas (see diagram B). Mortise notches shall be at least 1/3 and no more than ½ of the diameter of the buck material. The notch width is determined by the diameter of the buck material and must be cut to fit tight. For steep hillsides, a longer leg is needed for the low side of the hill to maintain the stability of the fence. Two 60d nails at opposing angles will be used to secure the bucks. A reinforcing tie will be used on all bucks to keep the legs from spreading and to prevent the fence form sinking into soft soils. This tie will be placed no more than 12 inches above the ground surface. Lodgepole pine or western larch are the preferred material. Treated buck material may be substituted for native material.

Assembly Poles will be attached to the bucks using 60d nails, one per buck. Three inches of nail should penetrate the buck leg to ensure a secure attachment, longer nails may be required if large diameter poles are used. Buck legs should be notched slightly to prevent the pole from leveraging out during heavy snowfall or animals or people climbing over the fence (see diagram 3). Poles may need notching also to allow enough nail to penetrate the buck leg. The top pole will lay in the “V” notch of each buck. The poles must be arranged so that all large ends of the poles are oriented in the same direction. At least six inches of overlap must be left for each pole. A double pole “X” brace will be placed on every 5th buck set. When facing a slope, diagonal braces will be placed against the slope angle (see diagram C). A single pole will be placed diagonally on the back of every other buck set to provide rigidity (see diagram D).

Gates The locations of any gates will be flagged by the Forest Service. Gates will be constructed by placing poles on top of the poles which terminate at a gate point and securing both ends with No. 9 wire. A 60d nail may be used to further support the gate poles. An “X” brace will be used on each buck set on each side of a gate.

Water Gaps Water gaps will be constructed to allow water passage during spring runoff.

Materials List of Materials 6"-7” spikes or helix nails No. 9 annealed wire for gate poles Bucks and Poles

C-7 Price Range This project is estimated to be between $25,000 and $100,000.

C-8 Noxious Weed Control All equipment to be used at the job site shall be cleaned and certified free of noxious weeds and their seeds prior to entrance onto the National Forest lands. The requirement shall include equipment and vehicles intended for off-road use as well as on road use, whether they are owned, leased, or borrowed by the contractor or subcontractor.

Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose. Cleaning shall occur off Federal lands.

Equipment, materials, and vehicles shall be visually inspected by a designated Forest Service Officer, and certified in writing to be reasonably clean and weed free. Inspections will take place at a location designated by the Forest Officer in advance of equipment and material arrival. Equipment and vehicles are expected to proceed directly to the project after inspection and approval.

Certification shall remain valid for each identified piece of equipment or vehicle only for the duration of the specified project and only as long as the vehicle or equipment remains at the job site. Equipment and vehicles (except passenger vehicles) that leave the job site shall be re-certified as weed free before they are allowed to return to the job site or re-enter National Forest lands.

C-9 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-10 AGAR 452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D - Packaging and Marking

For this Solicitation and resultant contract, there are NO clauses in this Section.

SECTION E - Inspection and Acceptance

E-1 FAR 52.246-12 Inspection of Construction (AUG 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

E-2 Inspection Procedures Inspection for acceptance of work will be accomplished by a 100 percent visual inspection and will be based on adherence to the specifications. In the event visual inspection finds less than satisfactory work is being performed, re-work will be required. Areas not adhering to specifications will be flagged, identified to the contractor and documented in the daily diary. In the event damage to previously inspected portions of the fence is found, whether from natural events or manmade, the contractor will be responsible for re-work to repair the damage before final payment is made.

Compliance Inspection The Contracting Officer or Inspector will, by formal inspection, determine if the specified progress or methods of work are being carried out. Failure to comply with specified work standards may be cause for termination of the Contractors right to proceed, in accordance with Clause 52.249-08.

Contract Personnel If the Contractor is absent from the project area, a Contractor’s representative (designated in writing) shall be available for communication on a daily basis while work is in progress.

Inspection of Work Periodic inspection of work shall be made by the Forest Service to ensure compliance with contract specifications. Periodic field inspections will be made by Contracting Officer's Representative (COR) or the COR's designated inspector. Work not completed to contract specifications shall be reworked without additional compensation to the Contractor.

Determination of Acceptable Work Inspection as stated above shall be performed by the Forest Service for evaluation of contract specification compliance. The Contractor will be notified in writing the fence items not meeting contract specifications. Portions of fence which do not meet contract specification will be reconstructed by the Contractor and the identified items will be brought up to the required standard before the fence will be considered acceptable.

Unacceptable Work If any portion of the project that is found to be unacceptable, the Contractor shall reconstruct the unacceptable portion to comply with the specifications. Upon completion of the reconstructed portion of the project, the Forest Service will re-inspect to determine compliance. If more than two inspections are needed for repeated deficiencies, the Contractor may be charged inspector’s time and vehicle use.

Reinspection Upon Contractor Request If the original inspection results are not acceptable to the Contractor, a reinspection may be requested in writing up to 7 days after being notified of the unacceptable work. The original inspection will be re-examined by a different inspector accompanied by the Contractor. If the reinspection confirms the original inspection as not meeting standards, the Contractor shall reimburse the Government the actual costs incurred in making the reinspection. If the inspection indicates that work meets acceptable standards, the Government assumes the cost of reinspection and payment will be made for the fence.

E-3 Final Cleanup Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all Contractor's rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

SECTION F - Deliveries or Performance

F-1 FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

FAR 52.242-14 Suspension 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 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 within 60 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

The estimated start work date is September 30, 2013.

SECTION G - Contract Administration Data

G-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.acquisition.gov/far/

FAR 52.236-6 Superintendence by the Contractor. (APR 1984)

G-2 AGAR 452.215-73 Postaward Conference. (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 5 days after the date of contract award. The conference will be held at the Malheur National Forest Supervisor’s Office; 431 Patterson Bridge Road; John Day, OR 97845 or at some other mutually agreed upon location.

G-3 FAR 52.236-27 Site Visit (Construction). (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: Shannon Britt Address: 327 SW Front Street; Prairie City, OR 97869 Telephone: 541-820-3865

G-4 Contract Release When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein. Reservations:______________"

G-5 Designation of Contracting Officer’s Representative The Contracting Officer designates the Contracting Officer's Representative(s) (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.

G-6 Approval of Subcontracting The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

G-7 Measurement and Payment See attached Schedule of Items and Specifications.

G-8 Invoice Processing All invoices shall be sent to the following address:

Invoices shall comply with the invoice requirements of the Prompt Payment Act and FAR 52.232-27.

G-9 Government Furnished Property Contractor may re-use T-posts that are removed from the existing cages if the T-posts are straight and suitable for re-use.

G-10 Contractor Furnished Property Contractor is responsible for supplying all supplies, material, equipment, labor, transportation, and incidentals required to successfully complete the requirements of this contract other than the property listed at G-9 Government Furnished Property.

SECTION H - Special Contract Requirements

H-1 Landscape Preservation The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

H-2 Conformity with Drawings and Specifications Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

A. Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

B. The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

D. The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

E. The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

F. The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

G. If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

H. If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

I. Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

H-3 Safety The Contractor shall provide a written, job specific safety plan for discussion at the post-award conference. The plan shall be presented at the post award conference. The plan shall address any inherently hazardous conditions. Identify and describe inherently hazardous conditions, for each task order and evaluate working conditions to determine if specific inherently hazardous conditions will be encountered as part of the needed contract work. Work will not start with out a safety plan. Violations of the safety plan will result in immediate suspension of work until the unsafe items are corrected. Following are hazards identified as inherent to this contract work (this is not limited to nor all encompassing):

a. Traffic Hazards

b. Foot Travel

c. Environmental Factors

d. Other Hazards

1. Protective equipment, leather gloves, long sleeve shirts, long pants, leather boots, ear and eye protection, hardhats)..

2. Stretching wire.

3. Unrolling wire.

4. Using shovel, pulaski, pick axe, hand axe, hammers, fence pliers, fence stretchers, chain saw, fence wire unrollers.

In accordance with FAR Clause 52.236-13 “Accident Prevention”, the Contractor shall submit a written, job-specific safety plan for information and discussion at the post-award meeting. The Contractor’s Safety Plan shall identify inherently hazardous conditions that could lead to serious injury or loss of life. It shall also identify and describe inherently hazardous conditions including the use of a cell phone while driving (talking or texting while operating a vehicle).

H-4 Suspensions for Other Than Government’s Convenience The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable; or (2) Failure of the Contractor to comply with Specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for equitable adjustment.

H-5 Contractor’s Use of Existing Roads The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the fence construction area and storage sites, disposal areas, and other work areas designated in the contract.

The roads authorized for use will be subject to the following general conditions:

The Contractor shall be responsible for and perform road maintenance commensurate with his use of Forest Service roads in the construction area.

H-6 Additional Requirements or Restrictions Any existing fences that are cut/ opened to allow entry into a work site must be repaired upon work completion. In addition, if there is active grazing in the area at the time of work operations then any fences needed to be opened shall be closed so grazing animals do not escape alloment/ pasture boundaries.

SECTION I - Contract Clauses

I-1 FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR 52.204-7 System for Award Management. (JUL 2013) FAR 52.204-13 System for Award Management Maintenance. (JUL 2013) FAR 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013) FAR 52.211-18 Variation in Estimated Quantity. (APR 1984) FAR 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) FAR 52.222-3 Convict Labor. (JUN 2003) FAR 52.222-6 Davis-Bacon Act. (JUL 2005) FAR 52.222-7 Withholding of Funds. (FEB 1988) FAR 52.222-8 Payrolls and Basic Records. (JUN 2010) FAR 52.222-9 Apprentices and Trainees. (JUL 2005) FAR 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) FAR 52.222-11 Subcontracts (Labor Standards). (JUL 2005) FAR 52.222-12 Contract Termination - Debarment. (FEB 1988) FAR 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. (FEB 1988) FAR 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) FAR 52.222-15 Certification of Eligibility. (FEB 1988) FAR 52.222-21 Prohibition of Segregated Facilities. (FEB 1999) FAR 52.222-26 Equal Opportunity. (MAR 2007) FAR 52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999) FAR 52.223-6 Drug-Free Workplace. (MAY 2001) FAR 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) FAR 52.228-2 Additional Bond Security. (OCT 1997) FAR 52.228-11 Pledges of Assets. (JAN 2012) FAR 52.228-12 Prospective Subcontractor Requests for Bonds. (OCT 1995) FAR 52.232-5 Payments under Fixed-Price Construction Contracts. (SEP 2002) FAR 52.232-23 Assignment of Claims. (JAN 1986) FAR 52.232-27 Prompt payment for construction contracts. (JUL 2013) FAR 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013) FAR 52.233-1 Disputes. (JUL 2002) FAR 52.233-3 Protest after Award. (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) FAR 52.236-2 Differing Site Conditions. (APR 1984) FAR 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) FAR 52.236-5 Material and Workmanship. (APR 1984) FAR 52.236-6 Superintendence by the Contractor. (APR 1984) FAR 52.236-7 Permits and Responsibilities. (NOV 1991) FAR 52.236-8 Other Contracts. (APR 1984) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) FAR 52.236-11 Use and Possession Prior to Completion. (APR 1984) FAR 52.236-12 Cleaning Up. (APR 1984) FAR 52.236-13 Accident Prevention. (NOV 1991) FAR 52.236-17 Layout of Work. (APR 1984) FAR 52.236-21 Specifications and Drawings for Construction. (FEB 1997) FAR 52.243-5 Changes and Changed Conditions. (APR 1984) FAR 52.246-21 Warranty of Construction. (MAR 1994) FAR 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (APR 1984) FAR 52.249-10 Default (Fixed-Price Construction). (APR 1984) FAR 52.253-1 Computer Generated Forms. (JAN 1991)

AGAR 452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts. (NOV 1996) AGAR 452.236-73 Archaeological or Historic Sites. (FEB 1988) AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

I-2 FAR 52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013)

(a) Definitions. As used in this clause-

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

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