RFQ_MRD_Mastication.doc

Service RFQ

AG-24H8-S-17-0009

Mountain Laurel Mastication

REQUEST FOR QUOTATION

PAGE OF PAGES

UNDER BDSA REG. 2

AND/OR DMS REG. 1

FOB DESTINATION

FORMCHECKBOX

OTHER (See Schedule)

K.C. Morrison 814-728-6243

a. NAME OF CONSIGNEE

131 Smokey Lane

Marienville

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

MOUNTAIN LAUREL MASTICATION

ALLEGHENY NATIONAL FOREST

MARIENVILLE RANGER DISTRICT

Enter pricing on schedule of items in section B, Page 2

12. DISCOUNT FOR PROMPT PAYMENT

are not attached.

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

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

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

FY 2017 LAUREL MASTICATION ON THE MARIENVILLE RANGER DISTRICT

OF THE ALLEGHENY NATIONAL FOREST

Unit Price

Total Amount

Total 167 $______________ Bidders Notes:

1. There is no “Show-me” trip scheduled for this project, prospective quoters are encouraged to view the sites themselves to make their own estimate on the amount of work needed. Additional technical information or assistance with locating the specific project areas may be obtained by contacting Terry Witzel (814-927-5783) at the Marienville Ranger District office, Marienville, PA. Office hours 8:00-4:30 Monday – Friday.

2. Contractor must be registered in www.sam.gov in order to submit an offer on this project. Obtaining a duns number and registering in SAM is free.

3. Award under this solicitation shall be based upon Simplified Acquisition Procedures, and, accordingly, shall consider both price and other factors, such as experience, past performance (which includes quality, timeliness, cost control, business practices, customer (end user) satisfaction, and key personnel past performance).

Contractor Acceptance Statement: By signing the offer, the Contractor agrees to all terms, conditions, and provisions included in the solicitation and agrees to furnish any awarded items at the price set in the schedule.

4. Award will be made to one contractor. You must submit pricing for all items.

(Vendor Name) (Date)

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Biobased & Recycled Content Products

Although no supplies and materials are being provided under this contract the Forest Service encourages the exclusive use of biobased and recycled products.

For more information regarding the Department of Agriculture Biobased Affirmative Procurement Program go to http://www.biopreferred.gov/bioPreferredCatalog/faces/jsp/catalogLanding.jsp.

For more information regarding Environmental Protection Agency list of designate products to http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm.

DIVISION 100 - GENERAL SPECIFICATIONS

100 – Scope of Contract

It is the intent of this contract to manually and mechanically masticate (chop, mulch or shred) 167 acres of mountain laurel which are under 12 feet tall and are less than 3 inches in diameter. Many of the shrubs are under 6 feet tall and 1 inch in diameter. The densities of laurel shrub in the project area varies across the acres to be treated. Only by on-the-ground examination can prospective contractors determine what can be done with a machine and what would need to be manually treated. Manually treated areas would include: intermittent stream buffer areas or dry drainages (10 feet buffer) or areas not able to be reached with the mechanized equipment. The areas to be treated are in forested stands where there may be downed material or rocks.

110 – Location

All areas are accessed from Gregg and McKinney Roads. A private road (Nev R Dun Road) on Forest Service property gives access to Area 4 but at this time permission has not be obtained from the private owner of the road to use it, so plans are to go around the gate on the north side and travel across Forest Service property to area 4.

All boundaries are flagged in orange, and at least one corner is marked with an orange tag indicating “FY 17 Site Prep” with the Unit # indicated.

120 – Contractor Furnished Property The Contractor shall furnish all labor, equipment, supervision, transportation, supplies (except those designated as Government-furnished) and incidentals, to perform all work necessary to complete this contract.

130 – Government Furnished Property

Vicinity and Project Area Maps. Maps depicting the location of treatment sites (Exhibits A & B).

140 – Contractor Representative

Before work starts the contractor shall designate a person in writing knowledgeable of contract requirements to act for him in his absence. The contractor or authorized representative shall be at the job site whenever work is in progress. In the absence of the contractor, the authorized representative may receive instructions from the Contracting Officer.

150 - Protection of Existing Structures The Contractor shall be required to protect existing improvements such as pipelines, power lines, buildings, gates, and trails etc. which are located in the project area. The Contractor shall be required to repair or replace such improvements if damaged as a result of their operations. This includes replacing water bars and earthen barricades, roadside ditches, culverts and signs if disturbed as a result of this contract. Any rocks or slash removed for access must be replaced.

Note: National Fuel Gas Company owns the gas pipelines through and adjacent to area 1 and through area 3. NFG has given permission to travel on the lines (wet areas must be avoided) and cut laurel on them (mainly the line through area 3 has heavy laurel present). The contractor will make a PA-1 call (811) 3 business days in advance so NFG can mark the lines. The pipelines have been included in the overall project acreage.

160 - Work Schedule The Contractor will notify the COR two days in advance of where and when work will start. Forest Service personnel will be available to answer questions or check areas Monday - Friday, 7:30 am to 4:00 pm. Contractor may work other than these hours and on weekends. The contractor may accompany the Forest Service inspector when conducting final inspections for acceptance and payment.

170 – Pre-work Meeting The successful contractor and COR will gather for a pre-work meeting, prior to the start of work to discuss details of work, location, priorities, etc.

180 - Safety

It is the contractor’s responsibility to ensure that the work environment is safe for themselves as well as their employees. If the Contractor feels that a requirement of this contract would place them or their employees in an unsafe environment, then work should stop on that area of work and the contractor should contact the CO/COR immediately. Work on other areas of the contract that the Contractor does not view as unsafe should continue.

Contractor is required to follow all applicable OSHA standards (CFR 29), while working on the job site. In addition, it is recommended the successful contractor utilize appropriate personal protective safety equipment, which includes, but is not limited to, hard hats, ear protection, eye protection, and hand protection while working on project items. Contractor must keep the Government representative posted as to current site work, and must be especially alert to vehicular traffic during field operations.

Treatment areas occur along Gregg Road, a state road with light traffic.

The contractor shall report all accidents or incidents associated with this contract to the Forest Service representative within 24 hours.

190 – Vehicle Operation

The Forest Service may, during the administration of this contract, direct the Contractor to temporarily halt treatment when: vehicles and/or equipment is causing excessive soil damage such as rutting/soil erosion on roads and/or other work areas until ground condition improve.

DIVISION 200 - TECHNICAL SPECIFICATIONS

210 - Treatment

It is the intent of this contract to manually and mechanically masticate 167 acres of laurel shrubs. No snags of any size shall be felled, unless the snags present a safety hazard. Care shall be taken to not damage any standing timber that is greater than 6” in diameter. The areas to be treated are predominately mountain laurel in the understory. If any other trees (< 6” diameter) or shrubs are in the treatment areas they can be cut. The contractor does not have to avoid them.

220 – Treatment Time Treatment will occur outside the nesting season of April 1 – June 30.

230 – Equipment Types Equipment to be used includes any type of rotary cutting mower/attachment or horizontal drum type that can cut/pulverize woody plant material. It can be either boom-mounted or integrated as long as it can travel through forested stands. Examples include but not limited to a FECON bull hog brush cutter. http://www.fecon.com/. Due to density and heights of the laurel shrub and working in forested stands, it is not feasible to use a traditional brush hog type mower.

240 – Ground Disturbance

Ground disturbance will be limited to the top 6 inches of soil or less, no excessive digging with equipment should be done – blade/cutter should be off of the ground not digging into the ground. No mechanical equipment will be used with 10 feet of intermittent streams or dry drainages. It these locations hand work must be done. Manual cutting with brush cutters, loppers, saws, etc. may be used in these areas. When crossing an intermittent stream or dry drainage, equipment should traverse as perpendicular to the stream as possible and cross at a point with the most stable banks. Cut material should be placed greater than 10 feet from a stream or drainage.

250a – Slash disposal – manual cutting

Slash created by the Contractor's operations shall be removed 10 feet away from the locations listed below and lopped to 3’. Felled material should not lean against or be suspended by an uncut tree.

Right of Ways

Private property lines

Historic railroad or road grades

Ditch lines

Gas well openings

Intermittent and dry drainages

Oil and gas roads Recreational trails

Spring seeps

250b – Slash disposal – mechanized cutting

Slash (material) created by the Contractor's operations shall be scattered as not to have a depth of greater than 6 inches. Material will be scattered about. This will allow natural tree regeneration to take place at a faster rate.

Note: the illegal ATV trail through area 4 does not have to be left clear of material.

260 - Stump Heights

Maximum stump heights shall be 6 inches and be cut horizontal to the ground so that a ‘spear’ is not created that could impale someone. Stump sprouts (multiple stems) will be cut as close to the ground as possible.

270 - Cultural Resources

If during the execution of this contract, the operator unearths a cultural or historic site, work must cease in the area and the Contract Inspector or COR notified immediately. In area 2, there is no mechanical equipment allowed within the flagged corridor (3 acres) in the center part of the unit. Hand work will need to be done here. This area will be flagged in mid-June. Approximate location is on the project map.

280 - Work Area and Equipment Clean Up The contractor shall clean up the work area in and around treatment areas prior to the Government accepting the item as complete. This cleanup includes removal of all excess and discarded materials associated the project, as well as other activities of the contractor.

Contractor shall ensure that prior to moving any equipment to a work site and between work sites on the Allegheny National Forest, that all equipment used to complete work such as but not limited to: skidders, tractors, skid steers, off road equipment and hand tools are free of soil, seeds, vegetative matter or other debris that could contain or hold seeds. Equipment shall be considered free of soil, seed and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required. Cleaning of equipment may entail brushing or hosing off. The use of detergents or other cleaning agents are not to be used unless they are used at a car wash or other facility equipped for water catchment and treatment. Equipment is not be cleaned in streams, ditches or other waterways. If the contractor desires to clean the equipment on National Forest land, the contractor and Forest Service shall agree on location for the cleaning.

AGAR 452.211-73 Attachments To Statement 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.

Biobased & Recycled Content Products

Although no supplies and materials are being provided under this contract the Forest Service encourages the exclusive use of biobased and recycled products.

For more information regarding the Department of Agriculture Biobased Affirmative Procurement Program go to http://www.biopreferred.gov/bioPreferredCatalog/faces/jsp/catalogLanding.jsp.

For more information regarding Environmental Protection Agency list of designate products to http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/ 52.246-1 Contractor Inspection Requirements (APR 1984)

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

PERFORMANCE-BASED SERVICE CONTRACT (PBSC) REQUIREMENTS

Performance Work Statement – Contractor The Contractor shall perform laurel mastication work in accordance with the specifications contained in this contract.

Inspection Methods

In accordance with the Inspection Clause the Government is able to inspect any work the contractor performs, and the Contractor shall be required to rework any areas that are not in conformance to the requirements of this contract.

Performance Based Program Performance based program apply to the Government’s inspections for contract compliance. All work must meet the acceptance standards as listed below.

For the purposes of applying disincentives the Government will conduct compliance inspections on all of the acres the Contractor has reported as completed to specifications. For the purpose of applying performance results, inspections shall be deemed to accurately reflect the total work.

DISINCENTIVES

If a Contractor has to be sent back to an area that the Government has failed on the 1st inspection and the Contractor failed again to fix work that was not done to the contract specifications, there will be a 5% deduction from their payment for that Area. With each following return to the Area to fix the work an additional 3% deduction from the final payment for that Site will be made.

If the Contractor does not meet the time conditions outlined in Section F, there will be a 10% deduction from the payment of the unfinished acres. An additional 5% deduction will occur for each additional week that the required work is not completed.

The use of disincentives does not waive any other rights of the Government, in dealing with inadequate performance.

SECTION F--DELIVERIES OR PERFORMANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-17 Government Delay of Work (APR 1984) 52.242.15 Stop Work Order (AUG 1989)

TIME OF PERFORMANCE

It is estimated that the work on this project will start at the earliest July 5, 2017. The contractor shall be required to:

a) Request a pre-work date within 7 days of the start of the contract,

b) and to prosecute the work diligently and complete the entire contract no later than October 30, 2017.

SECTION G--CONTRACT ADMINISTRATION DATA

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

G.1 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The contracting Officer will designate a Contracting Officer's Representative(COR) at the time of award.

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.

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 for a contract claim.

G.3 INVOICING

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Your company must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice on this project.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

FOREST SERVICE ACQUISITION REFERENCE (FSH 6309.32 4G52) CLAUSES

H.1 Employment of Eligible Workers

a) Labor standards for contracts involving H-2B workers or migrant and seasonal agricultural workers

1. General This contract is subject to the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 United States Code (U.S.C) 1801-1872, and to the U.S. Department of Labor (DOL) regulations implementing MSPA 29 Code of Federal Regulations (CFR) Part 500. MSPA eliminates activities detrimental to migrant and seasonal agricultural workers, requires registration of Farm Labor Contractors, and ensures necessary protection for the workers. Information regarding MSPA can be found at http://www.dol.gov/whd/mspa/index.htm.

If workers are hired under the H2B program, (8 CFR Section 274A provisions of the Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S. to perform temporary labor or services) a Temporary Employment Certification issued by the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration is required. For further information on the requirements of the H-2B program, visit OFLC’s website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour’s website at http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm.

Compliance with MSPA and the INA is a material condition of this contract. If the contractor employs any unauthorized worker(s) during the performance of this contract that violates section 274A of the INA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

2. Definitions

a) H-2B worker: as used in this part means a nonimmigrant holding a visa authorizing the individual to legally work in the US to perform temporary labor or services. A worker with an H-2B visa (“H-2B worker”) may also be considered a migrant agricultural worker under MSPA depending on the type and nature of work performed.

b) Migrant Agricultural Worker and Seasonal Agricultural Worker: as used in this part means individuals employed for agricultural (including forestry) work on a seasonal or temporary basis.

i. A worker, moving from one seasonal activity to another, is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year.

ii. An overnight absence from the migrant workers permanent place of residence is required.

iii. Members of the contractor's immediate family are not considered migrant or seasonal workers. Immediate family includes:

· Spouse

· Children, stepchildren, or foster children

· Parents, stepparents, or foster parents, or

· Brothers and sisters

c) Farm Labor Contractor (FLC). As used in this part means a person including an individual, partnership, association, joint stock company or a corporation, who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

3.

Registration Requirements

a) Any contractor providing or hiring H-2B nonimmigrants for work under this contract shall provide a copy of their Temporary Employment Certificate. General information about the H-2B program can be found on Fact Sheet # 78 at http://www.dol.gov/whd/regs/compliance/whdfs78.htm. Contractors can apply for the certificate through the US DOL Employment & Training Administration‘s on line iCERT Visa Portal System at https://icert.doleta.gov/ or by paper application.

b) Any contractor who meets the definition in (2.c.) above providing or hiring migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Federal DOL Farm Labor Contractor Certificate of Registration (http://www.dol.gov/whd/forms/fts_wh530.htm). The contractor shall carry the certificate at all times while engaged in contract performance and shall display it upon request. Any of the contractor's employees who perform any one or more of the activities defined as an FLC in paragraph (2.c.) must have their own FLC Employee Certificate. General information about MSPA can be found on Fact Sheet #49 at DOL Wage and Hour Divisions webpage http://www.dol.gov/whd/regs/compliance/whdfs49.htm.

4. Certifications The Contractor shall provide applicable H-2B Temporary Employment Certificate or Farm Labor Contractor Certificate as part of their representations, certifications, and acknowledgements. Subcontractor(s) meeting the definitions above shall follow the same requirements as the Prime Contractor. It is the Prime Contractor’s responsibility to ensure the Subcontractor’s information is provided to the Contracting Officer.

5. Worker Protections

a) Worker Information Posters

i. A contractor who uses the H-2B program to meet its temporary employment needs must post and maintain the H-2B poster (WH-1505) in a conspicuous location accessible to workers at the job site.

ii. The contractor shall display and maintain the MSPA poster (WH-1376) on the job site in a conspicuous location accessible to workers during the contract performance period.

b) Personal protective equipment

i. 29 CFR 1910 Subpart I, OSHA's personal protective equipment (PPE) standard contains the general requirements for the provision of personal protective equipment and requires employers to perform a hazard assessment to select appropriate PPE for hazards that are present or likely to be present in the workplace. OSHA requires that many categories of personal protective equipment meet or be equivalent to standards developed by the American National Standards Institute (ANSI).

ii. Before a worker begins operating equipment, the contractor shall train the workers on the safe operation and use of the equipment.

iii. The contractor shall provide the appropriate personal protective equipment for the work required to be performed in the contract, wherever necessary by reason of hazards or processes encountered that may cause injury or impairment in the function of any part of the body. Except for foot protection, all PPE must be provided by the employer at no cost to the employee. Includes:

· Head Protection

· Hearing Protection

· Eye/Face Protection

· Leg Protection

· Foot Protection

· Hand Protection

iv. PPE must be sanitary and in reliable condition. Do not use defective or damaged PPE. PPE must be inspected prior to use on each work shift to ensure it is in serviceable condition.

v. A checklist of applicable PPE guidelines typical for the work performed under this contract is provided. This does not relieve the contractor of the responsibility of performing a risk assessment or providing the necessary PPE for their operations.

Reference https://www.osha.gov/SLTC/personalprotectiveequipment/index.html or OSHA 3151-12R 2003 Personnel Protective Equipment Booklet. The booklet can be found at https://www.osha.gov/Publications/osha3151.pdf .

1. Manual Logging and Forestry Related activities: https://www.osha.gov/SLTC/etools/logging/manual/logger/personal_equip.html

2. General Machine and Vehicles Logging and Forestry Related activities: https://www.osha.gov/SLTC/etools/logging/mechanical/machines.html

c) Field Sanitation. OSHA established minimum standards for field sanitation in covered agricultural settings. Refer to FACT Sheet # 51 Field Sanitation Standards under the Occupational Safety and Health Act.

6. Employment Requirements - Fact Sheets with relevant information may be found at http://www.dol.gov/WHD/fact-sheets-index.htm.

a) Contractors employing workers in forestry related work are required to comply with wage and payroll standards and recordkeeping requirements. Refer to Fact Sheet #63: Application of Federal Labor Laws to Reforestation found on the DOL Wage and Hour Division webpage.

b) Contractor Employee List. Contractors are required to provide/maintain an active list of all employees performing work on the job site under this contract. The Employee List will identify employees by full name (aliases), supervisory duties if applicable, and appropriate labor Occupation Code for work performed under the Service Contract Act Wage Rates applicable to this contract. If Subcontractors are utilized, all tiers of subcontractor(s) are responsible for providing the same information for their employees to the Prime for submittal to the Contracting Officer.

7. Transportation

a) The contractor shall be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. Authorization for each vehicle that will be used to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is applicable. Any driver, who transports workers for a fee or at the direction of the contractor, shall be registered as an FLC or an FLC employee.

b) See Fact Sheet #50: Transportation Under MSPA, for more information about the vehicle safety standards, driver’s licensing requirements, and vehicle insurance requirements. Note that separate transportation requirements may apply if there are H-2B workers.

8. Housing

a) The authorization to furnish housing, other than commercial lodging certified by a health authority or other appropriate agency, must appear on the contractor's certificate. Contractors should contact their local Wage and Hour Division of the DOL for further information on the requirements of the Act.

b) Camping Requirements. The Forest Service (FS) has various camping opportunities. Check with local FS unit for camping requirements, camping permits may be required. Verify local fire restriction policies.

If camps will be used to house workers subject to MSPA, they are also subject to the temporary labor camp standards at 29 CFR 1910.142. The Forest Service reserves the right to terminate a camping permit at any time. These requirements are in addition to those contained in or provided for under the clause titled “452.236-72 Use of Premises” in this contract. Any violation of these conditions constitutes a breach of contract and may result in revocation of camping approval.

i. Every structure used as shelter must provide protection from the elements. Where adequate heat is not provided, make other arrangements to protect workers from the cold. Cut firewood only after a District Firewood Permit is obtained.

ii. The campsite must not encroach beyond the boundaries designated by the Forest Service. The campsite location must minimize impacts on streams, lakes, and other bodies of water. Camping is not permitted within developed recreational sites or along primary recreational roads.

iii. The campsite must have a clean appearance at all times. 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. Structures or improvements the contractor fails to remove within the 10 calendar day period becomes the property of the United States, however, the contractor remains liable for the cost of the removal and restoration of the site.

iv. Unless otherwise designated by the CO, the use of the area is not exclusive and may be granted to other permittees, contractors, or recreating public. Disorderly conduct is not permitted.

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

vi. Servicing of equipment in the campsite is not permissible unless the campsite is within the project area.

vii. Provide sanitary facilities for storing food. Provide ice chests or coolers, with ice supply made from potable water, and replenish as necessary. Provide sufficient storage for perishable food items.

viii. Provide an adequate and convenient potable water supply in each camp for drinking and cooking purposes.

ix. Provide adequate toilet facilities and toilet paper for the capacity of the camp. Service and maintain facilities in a sanitary condition.

x. Collect, store, and dispose of garbage in a manner to discourage rodent access, minimize attraction of flies, and prevent scattering by wind.

xi. Maintain basic first aid supplies available, which must be under the charge of a person trained to administer first aid.

The basic supplies must include:

· Gauze pads (at least 4x4 inches)

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

· Box adhesive bandages (band-aids)

· One package of gauze roller bandage (at least 2-inches in width)

· Two triangular bandages

· Scissors

· At least one blanket

· Tweezers

· Adhesive tape

· Latex gloves, and

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

xii. Wash laundry in such a way that washing and rinsing will not pollute lakes, streams, or other flowing water.

xiii. Dispose waste water away from living and eating areas and in such a way that minimizes pollution to lakes, streams, and other flowing water.

xiv. The contractor shall take all reasonable precautions to prevent and suppress forest fires. Do not dispose of material by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

xv. If authorized to have an open fire, the Contractor shall comply with the following fire regulations:

· A shovel, axe or Pulaski, a 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.

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

· All generators and other internal combustion engines must be equipped with Forest Service 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 described in the previous paragraph.

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

H.2 Contractor Performance Assessment Reporting System

(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System (CPARS). Although the expected amount of this project is below the automatic reporting threshold, an evaluation may be entered into the CPARS system at the CO’s discretion.

H.3 EQUIPMENT CLEANING

All soil moving equipment shall be thoroughly cleaned to make it free of soil, noxious weed seeds, vegetative matter or other debris that could contain or hold seeds prior to being delivered to the project site. Equipment shall be considered free of soil, noxious weed seeds and other such debris when a visual inspection by the C.O.R., prior to the equipment being delivered to the site, does not disclose such material present. Disassembly of equipment components is not required. The Contractor shall notify the Forest Service at least five (5) working days prior to moving each piece of soil moving equipment onto the project site, unless otherwise agreed.

The Contractor shall thoroughly clean all soil moving equipment prior to moving them off a project site or between work areas on a project site that are known to be infested with noxious weed species of concern and other work areas, if any, that are free of noxious weed species of concern. Areas known to be infested with specific noxious weed species of concern to the Forest Service shall be noted in the Schedule of Work. The Contractor and the Forest Service shall agree on the methods of cleaning, location for the cleaning and control of off-site impacts, if any.

When new areas of infestation of noxious weeds of concern to the Forest Service are identified on the project site by either the Forest Service or Contractor they shall be promptly reported to the other party.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-13 System for Award Management Maintenance (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

52.217-8 Option to Extend Services (NOV 1999)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

52.219-11 Special 8(a) Contract Conditions (JAN 2017)

52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (MAY 2008) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2011)

52.232-9 Limitation on Withholding of Payments (APR 1984)

52.232-17 Interest (MAY 2014)

52.232-18 Availability of Funds (APR 1984) 52.232-32 Performance-Based Payments (APR 2012)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-75 Restrictions Against Disclosure (FEB 1988)

52.213-4 Terms and Conditions -- Simplified Acquisitions (Other Than Commercial Items) (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(iii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(iv) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(v) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(vi) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(vii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (JAN 2017).

(ix) 52.253-1, Computer Generated Forms (JAN 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (OCT 2016) (E.O. 13126) (Appliesto contracts for supplies exceeding the micro-purchase threshold.)

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014)

(41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212) (applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to- Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693) (applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be—

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition—

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (JUL 2013) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information).

(xx) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (JUN 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) (Applies to contracts over $35,000).

(iii) 52.211-17, Delivery of Excess Quantities (SEPT 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) 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):

https://www.acquisition.gov/

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only 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. The Government must exercise its postacceptance rights—

(1) Within a reasonable period of 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.

(e) 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.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were…