1-1_RFQ_16_Springs_Mastication_Final-mb.doc

AG-7512-S-15-0018

Sacramento Ranger District

16 Springs Mastication

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

DATE

6/4/2015

MARIA E. BORODKO

Contracting Officer

b. TELEPHONE NUMBER(No collect calls) 575-434-7341

8. OFFER DUE DATE/ LOCAL TIME

July 3, 2015 by 4:30 pm MDT

UNRESTRICTED OR

WOMEN-OWNED SMALL BUSINESS

SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

HUBZONE SMALL

BUSINESS SMALL BUSINESS PROGRAM

VETERAN- OWNED

EDWOSB SERVICE DISABLED

SMALL BUSINESS VETERAN- OWNED

8(A NAICS: 115310 SIZE STANDARD: 18 million

USDA Forest Service

Lincoln National Forest

3463 Las Palomas Road

Alamogordo, NM 88310

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFP IFB RFQ

15. DELIVER TO CODE

See specifications.

16. ADMINISTERED BY CODE

See block 9.

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE N0.

SEE ADDENDUM

DUNS#_________________

TIN#___________________

25. ACCOUNTING AND APPROPRIATION DATA

See IAS requisition.

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

16 Springs Mastication

PRICES SHALL INCLUDE ALL APPLICABLE NEW MEXICO TAXES TO INCLUDE GROSS RECIEPTS TAX

Contractor MUST be registered in System Award Management (SAM) https://www.sam.gov/portal/public/SAM/ by proposal/bid/quote submission date. Lack of SAM registration will result in offeror/bidder response being rejected and no longer being considered for further evaluation.

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted 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. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

The Point of Contact on this project is: Tony McWilliams, 575-682-2551 A site visit will bed held on: 18 June @ 9:00 am MDT

Location:

Sacramento Ranger Station

4 Lost Lodge

Cloudcroft, New Mexico 8831

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF CONTRACT

This contract requires fuel reduction and related work in compliance with its terms, specifications, and provisions. This includes furnishing labor, equipment, supervision, transportation, operating supplies, and incidentals.

SECTION 1- GENERAL

Introduction

The Lincoln National Forests, Sacramento Ranger District has a requirement for slash Treatment on approximately 1557 acres that qualify as Wildland Urban Interface (WUI). The purpose of work is to reduce fire and fuel hazards through activity slash treatment. Woody Vegetation treatments may be completed by mechanized equipment (mastication). Slash-treatment may be implemented through shredding of residue and slash on site that has been created as a result of thinning treatments. See section M for treatment rating classification.

1.1 Scope of Work - The objective of this contract is to secure a complete set of services to accomplish Wildland Urban Interface treatment. The technical specifications contained in the performance standards were developed based on site-specific vegetative conditions.

The contractor shall, considering given resource objectives for the work unit, develop a plan of operation to accomplish these objectives, and organize and direct all of the equipment and personnel needed to fully accomplish the work. The contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to complete the work required.

The bidder is advised to visit the worksite to determine average cut trees per acre prior to submitting a bid. The bidder is responsible for determining the amount of work. Bids will be reviewed by a committee and award will be made upon selection criteria defining the best benefit to the government.

The bidder is advised that this project has a contract time limit of 365 days. Bidders should consider amount of work and production rates required to complete the project on time.

1.2 Location and Description - The location of the worksite, access to the areas, and methods of work, size of treatment area, and other information pertinent to the contract are contained in the Vicinity and Project Maps, which shall be considered as part of the technical specifications. The vicinity and project maps are attached to this contract. The project area is located on the Sacramento Ranger District. Primary access for the various units will be from various forest service system roads which originate from state or county roads (see attached maps). Slope is moderate usually less than 15%, however; some portions of the project are on slopes up to 40%. The area is comprised of rocky soils and ridges. These units have been commercially thinned so the mastication treatment will be of the scattered activity generated slash.

The desired outcome of this project will be to eliminate the need for pile and slash burning in these areas. This RFP is the offerors opportunity to develop a proposal to the government on how to utilize their expertise in regards to their abilities to meet the desired outcome.

1.3 Accessibility - Work areas may be reached by Forest roads that are accessible by a standard two-wheel drive pickup equipped with snow tires and chains, if needed during normal operating seasons, unless otherwise indicated on Project Maps, vehicles shall not operate off system roads without prior written approval of the Contracting Officer.

Inaccessibility due to snow, fallen trees, slides or washouts on roads may or may not be corrected at the option of the Government.

Roads shown on unit maps indicate access to units and are not to suggest the roads are open within units or for any further travel. Access roads or trails may be present that are not shown on project maps.

1.4 Contractor Representative - The contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who shall act for the contractor when the contractor is absent shall be designated in writing to the contracting officer. The contractor representative or alternate shall have full authority to act for the contractor on all contract matter relating to daily operation of this contract. The contractor representative and alternate(s) must be able to read, write, speak, and understand English.

The Government may, at its option, suspend work with full count of contract time continuing if the Contractor fails to provide a supervisor conversant in the English language and able to read and understand the contract.

1.5 Resource Protection - The Forest Service will advise the contractor of any resources (Archeological, Threatened, Endangered and Sensitive Species) that need to be protected, to the best of its knowledge. At any time if a new occurrence is discovered, by the contractor, Forest Service or other entities, work will halt in the affected area until the matter is resolved. The contractor has an obligation to inform the Forest Service if any occurrences are discovered in the course of work. If damage occurs to a site and is negligent or willfully caused by the contractors operations, the Contractor shall bear all costs of investigation and restoration of that site. Incurred costs in association to disturbance shall not relieve the Contractor from civil or criminal penalties otherwise provided by law.

1.6 Noxious Weed - Contractor shall insure that all off-road equipment moved on to Lincoln National Forest Land under this RFP is free of soil, seeds, vegetative matter or other debris that could contain or hold seeds. For purpose of this provision, equipment shall be considered free of soil, seeds, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools will not be required. A current list of noxious weeds of concern to Forest Service is available at the District Ranger’s Office for this contract.

Contractor shall certify in writing, compliance with the terms of this clause prior to each start-up of contract operations. Measures taken to ensure compliance for equipment present at start-up, and planned for equipment to be removed in later, will be identified. For the purpose of this clause “off-road equipment” include all tractors, dozers, feller-buncher, chippers, skidders, ATV’s and shredding machines except for pickup trucks, vans and cars or other highway vehicles used for daily transport of personnel.

If Contractor desires to clean equipment on Lincoln National Forest Land, such as at the end of a project prior to moving to a new project area, Contractor and Contracting Officer Representative shall agree on the methods of cleaning, locations for the cleaning, and control of off-site impacts, if any.

SECTION II – DEFINITIONS

2.1 STANDARD DEFINITIONS.

2.1.1 ACCEPTABLE QUALITY LEVEL (AQL). The maximum allowable deviation from perfect performance that may occur before the Government will invoke payment deduction. An AQL does not allow a contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

2.1.2 DEFECTIVE SERVICE. A unit of service, which contains one or more defects, or nonconformance with, specified requirements.

2.1.3 PERFORMANCE REQUIREMENTS SUMMARY (PRS). Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance the contractor meets standards.

2.1.4 QUALITY ASSURANCE. Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS).

2.1.5 CONTRACTING OFFICER (CO).

2.1.6 CONTRACTING OFFICER’S REPRESENTATIVE (COR). The on site contract administrator for the Contracting Officer. The duties and responsibilities of the COR are defined in a letter of designation issued by the Contracting Officer.

2.1.7 GOVERNMENT INSPECTOR. An individual who is designated in writing to have certain authorities and responsibilities for administration of a contract. Generally works for or with the Designated COR.

2.1.8 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document used for quality assurance surveillance. The document contains specific methods the Government will use to perform surveillance of the contractor.

2.1.9 QUALITY CONTROL. Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS. The methods for quality control are described in the Contractor’s Quality Control Plan (QCP).

2.1.10 RANDOM SAMPLING. A sampling method in which each service output in a unit has an equal chance of being selected.

2.1 TECHNICAL DEFINITIONS.

2.2.1 DBH (Diameter breast height) – Diameter of the trunk of a tree measured 4-1/2 feet above the ground level on the uphill side of the tree.

2.2.2 DRC (Diameter root collar) – Diameter of the trunk of a tree measured at ground level.

2.2.3 Leave Tree – Trees that are not to be cut under this contract.

2.2.4 Cut Trees – Trees which are to be cut under this contract.

2.2.5 Slash – Any vegetation that was cut by the contractor.

2.2.6 Lopping and Scattering – Cutting limbs from the trunks of cut trees and moving or rearranging of slash concentrations to achieve slash depth required in the contract.

2.2.7 Piling – Gathering and stacking of slash into piles constructed and located as indicated by technical specification.

2.2.8 Bole – Is the trunk or stem of a tree.

2.2.9 Live Crown Ratio – LCR, percent of live crown in relation to the total height of the tree.

2.2.10 Pullback – Removal of slash from residual trees, roads, fences and utilities within a specified distance.

2.2.11 Bucking – Cutting the bole to specified lengths.

2.2.12 Yarding – Transporting (skidding) trees (with or without limbs and tops attached) across a cutting unit to a designated area (landing).

2.2.13 Snags – A standing dead tree greater than 18” DBH and ten feet in height.

2.2.14 Hang-up Tree – Any cut tree suspended above the ground.

2.2.15 Drop-n-Plop – A method of slash treatment where congregated slash is picked up using a grapple on a skidder or excavator other mechanical method and relocated to a better pile location. Usually used when piles are too large to safely be disposed of and smaller piles are desired or poor pile location will result in undesirable residual stand impacts.

2.2.16 Rutting – Undesired disruption of soil continuity caused by equipment or vehicles related to project implementation. Road or skid trail ruts due to high soil moisture will be measured from bottom to top of berm in at least three places with the overall depth computed as an average from measurements obtained.

SECTION III

3.1 GOVERNMENT FURNISHED PROPERTY, MATERIALS, SERVICES

GOVT FURNISHEDPROPERTY/

SERVICES/DATA ETC.

SECTION IV

4.1 CONTRACTOR FURNISHED ITEMS/SERVICES

4.1.1 The contractor shall use equipment that will not cause resource damage.

4.1.2 The contractor shall furnish all equipment/personnel as required by Fire Plan.

4.1.3 The contractor shall furnish everything required to perform this PWS.

SECTION V

5.1 PERFORMANCE WORK STATEMENT TASKS AND CRITICAL SUBTASKS

5.1.1 Scope of work – The contractor shall provide any and all labor, equipment, supplies, services, permits, licenses, certificates necessary to perform 1557 acres activity generated slash and pile mastication within 300 days after receiving a “Notification to Proceed” on the Lincoln National Forest, Sacramento Ranger District. Work consists of completing the tasks/subtasks in section 5.2 to the performance requirements of section 5.2.4.

5.1.2 Location Description – This project area is located in several areas of the Sacramento Ranger District as indicated on the attached map. Areas include Township 15S, Range 13E, Sections 19 & 20, and Township 15S, range 14E, sections 29, 30, 31, & 32

5.1.3 Accessibility – Access into the project area is through County and Forest roads. Road maintenance is the responsibility of the contractor. Any damage to roads used by the contractor will be repaired by the contractor at the contractor’s expense.

5.1.4 Boundaries – Project Boundaries are marked with Orange/Silver flagging.

5.1.5 Restrictions – No activity will be permitted within Heritage sites. All wheeled or tracked equipment shall not be operated within such areas except on existing roads or trails approved by the Contracting Officer. Heritage Areas will be identified with white stripes painted on trees or white flagging. A map will be given to the contractor at pre-work showing Heritage Area locations. The COR and contractor shall coordinate activities near known Control Areas prior to initiating treatment. Unauthorized entry into these areas by the Contractor or his employees will result in the Contractor paying all costs associated with the restoration work

5.2 Performance Work Statement Tasks

5.2.1 Public Safety – The contractor shall provide, install and maintain easily read warning signs along roads or trails warning the public or other visitors of the hazards from mechanical equipment during operations. These signs shall state that all persons shall remain at least 250 feet from equipment under operation and approach only by permission and communication with the operator.

5.2.2 Equipment – The contractor must provide the equipment to meet the objectives of this contract which are to reduce tree densities and treat resulting slash. Contractor must use masticating equipment which is capable of maneuvering between leave trees and operating on uneven terrain up to 30% slope, to masticate, crush, cut trees and treat slash as specified in 5.2.4. Equipment must be of adequate horsepower and mechanically sound to complete tasks associated to meet project objectives.

5.2.3 Quality Standard – Equipment Inspection – Prior to starting work and possibly prior to awarding of contract, the Forest Service reserves the right to inspect the equipment to be furnished. If the equipment is found to be in such condition that indicates the need for immediate or frequent repairs that may result in delay of performance, it can be rejected and another piece of equipment requested in its place. Or, if the equipment is found to be unsuitable, or in disrepair, at the option of the Forest Service the contract may be canceled or awarded to another bidder. This is a condition of contract award.

5.2.3.1 Equipment Cleaning - Perform this task prior to entering project area. The contractor shall ensure that all off road equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. Off Road Equipment includes any dozer, excavator, hydro axe, tractor etc. That will be used to full fill obligations under this contract. The Forest Service will visually inspect off road equipment prior to moving equipment onto project site. Equipment will be considered clean when a visual inspection does not disclose soil, seed, plant material or other such debris. The contractor will notify the Forest Service at least 5 days prior to moving each piece of equipment onto National Forest Land. If it can be proven that the equipment has been working within the boundaries of the Sacramento Ranger District in an area known not to be infested with noxious weeds, this requirement may be waved if approved by the Contracting Officer.

5.2.3.2 Prevention of Oil or Fuel Spills – If the Contractor maintains storage facilities for oil, oil products or fuel within the project area, the Contractor shall take appropriate preventative measures to protect the environment incase of a spill. This may include in the field petroleum absorption kits or spill kits. The Contractor shall notify the Forest Service of all or any spills of oil or oil products for inspection and necessary clean-up actions. If the total amount of petroleum products exceeds 1,000 gallons stored on the project site, special precautions and a Spill Prevention Control and Countermeasures Plan must be developed and approved by the Contracting Officer.

5.2.3.3 Sanitation and Servicing – The Contractor shall take all reasonable precautions to prevent pollution of air, soil and water by the Contractors operations. The Contractor shall maintain all equipment operating on the project area in good repair and free of abnormal leakage of lubricants, fuel, coolants and hydraulic fluid. The Contractor shall keep equipment free of debris accumulations that may result in fire starts. The Contractor shall identify service location(s) that must be approved by the Forest Service prior to use and provide oil-absorbing mates during servicing operations to prevent leaking or spilled petroleum based products from contaminating soil and water resources. The Contractor shall remove from National Forest Lands any and all waste generated from servicing equipment.

5.2.3.4 Working Conditions – Equipment limitations may result in periods of shut down when ground conditions are such that machine operations could cause resource damage. The COR will determine and notify the contractor of such conditions, the Contractor is encouraged to self-regulate depending on soil moisture conditions. Contractor is responsible for the necessary personal protective equipment for each employee on the job. Conditions are hazardous and require proper protection to ensure employee safety. The job site is located in a remote location and may or may not have cell phone service; communications may be limited for personnel on the job site.

5.2.3.5 Resource Protection - Protect all range improvements, private land boundaries / properties, section markers. Boundary and Bearing trees as well as designated wildlife trees should be protected and left intact.

5.2.4 Quality Standard - Slash Treatment - For this contract the term “slash” refers to all or part of any woody vegetation as soon as it is severed from the stump, uprooted or otherwise no longer able to grow. For what ever method or methods the Contractor chooses to complete the tasks and objectives of this contract, slash will be generated and will be treated. Ninety-percent of all slash generated shall be treated. When mastication equipment is utilized by the contractor all slash shall be less than 12” from the ground with no concentration of shredded material deeper than 5” over a 30 square foot area. Shredded material will be defined as being mechanically processed woody material of different size and shape that would prevent uniform compaction of material. Complete grinding or mulching of the slash is not desired. Chips, chunks or shredded woody material shall not excede 5” in depth as described or concentrated into piles.

5.2 Submittals – The contractor shall deliver the following submittals. The Technical Proposal (5.3.1) and the Quality Control Plan (5.3.2) shall be turned in no later than the due date and time referred to in this RFP. The Operations Plan & Schedule will be accepted after Contract award only from the successful offeror.

5.3.1 Technical Proposal - Contractor shall submit a proposal based on the Contractors experience, knowledge and expertise to meet project objectives. The proposal needs to contain enough detail to give reviewers adequate information on how the Contractor will deploy equipment to complete and meet the quality standards explained above. The contractor needs to explain how they will perform those tasks associated with project completion, including a description of equipment to be used, time frames for completion and associated cost to the government. The proposal should include any requirements that the Contractor knows of upfront and may need to complete the contract.

Included in the technical proposal should be a thorough description of how the contractor intends to meet the delivery schedule of 365 days. Include number and type of equipment and daily production rate estimations to show ability to meet contract times.

5.3.2 Quality Control Plan - The Contractor shall provide a Quality Control Plan (QCP) with the technical proposal. The Quality Control Plan must demonstrate how the Contractor will assure their work quality meets the requirements and specifications of the contract. It shall specify how their performance will be monitored to assure the performance standards are met; the supervision of crew and work; and the personnel that will be performing the quality control. Quality control includes the monitoring of quality while work is in progress and an unbiased sample of project work to determine actual quality percentage.

- QCP includes contractor’s inspection system and the method for identifying and preventing defectives in the quality of service performed. Contractor will identify individual who will monitor the quality of the work performed and will provide a schedule of inspections.

- A copy of all quality control inspections shall be given to the COR after each review.

- Only 100% compliance will be accepted except where noted in the Performance Requirements Summary.

5.3.3 Operations Plan & Schedule – A Plan of Operations will be submitted within 10 days after award of contract for approval. This plan shall describe in detail the contractor’s planned operation for completing the project and how he/she will progress through the contract. A practical schedule showing the order in which the contractor will perform the work and the dates on which the contractor contemplates starting, completing and inspecting each task shall be included. The Contracting Officer will approve or recommend changes within fourteen days of receipt of the plan after consulting with the local District and project COR. The pre-work meeting with the contractor will cover the Operations Plan and Schedule, contract requirements or any other issues to clarify the scope of the contract and the desired outcome to ensure expectations are appropriate of the Contractor and the Government and communications are established between the Contractor and the COR.

- Operations Plan & Schedule are due within 7 days after contract award.

5.4 Means of Measurement – All acreages shown in this RFP are approximate. As work is completed acreages will be determined using GPS technology. When the total number of acres listed in this RFP is completed, the Contractor will be notified and the contract obligations will have been met.

5.5 Disincentives -

- If work is not acceptable, areas will be reworked at the Contractors expense.

- Will not Issue a Notice to Proceed.

- Work must be initiated within 10 days of notice to proceed, or contract will be in default.

- Ten consecutive days of no work being completed on the project without communication with the COR will result in contract default.

- Excessive ground disturbance or working under wet conditions will result in a shut down of operations until moisture levels decrease or a reasonable solution is agreed upon by both parties.

5.6 PERFORMANCE REQUIREMENTS SUMMARY

Level Means of Measurement

Incentives

Submittals

Contract Award

ment as described in 5.2.4 Loss of Contract or fix required repairs Allowed to proceed with project

Slash treatment

Piled, windrow or masticated

ments & Sampling results Rework at no cost to the Government Allowed to proceed with project

used roads

cost to the Government Allowed to proceed with project, final payment

STANDARD FIRE PLAN

1.

Fire Prevention during periods of agreement performance, the following requirements shall be met by the Contractor. The Forest Service will inform the Contractor of the Fire Danger Rating.

2.

Execution of the Fire Plan

· Forest Service personnel involved will, in all cases, coordinate through the U.S. Forest Service Program Manager, except in cases of emergency or Forest Closures. The Contractor shall designate a Representative who shall be responsible for executing and carrying out this plan. The Contractor shall include this Fire Plan in all subcontracts.

· The Contractor shall assure that all employees are informed of the existence and condition of this Fire Plan.

3.

Compliance Inspection

· Inspections by the Forest Service will be made to insure compliance with this plan. Should any deficiencies appear during the inspection, the Contractor will be informed and the deficiency shall be corrected within 24 hours. Activities with the potential to start fires shall be halted until deficiencies are corrected and the corrections approved by the U.S. Forest Service Program Manager or a Fire Prevention Technician or other designee. The Contractors representative or otherwise designated employee who has been trained and is familiar with fire prevention techniques and procedures shall make daily inspections to ensure that the terms of this Fire Plan are met at all times.

4.

Fire Pre-suppression Requirements

· Fire Tool Box

· During agreement performance, the Contractor shall furnish and maintain one fire toolbox at the designated campsite or a central location where work is currently being performed. Expense of the fire toolbox is for the account of the Contractor.

· The Fire Tool Box is to be maintained with tools in good condition in the following quantities for each five people in the Contractor’s work force. (This equipment is for the sole purpose of firefighting). Four Shovels, Two Axes, One Pulaski and Five 1-Gallon Canteens. Where needed, a McLeod may be substituted for a shovel or axes.

· The fire Tool Boxes shall be replenished by the Contractor after each incident of Fire use.

Fire Guard

· The Contractor shall designate at least one representative to train and supervise each work crew in Fire Prevention, Detection and Suppression. To Prevent, Detect and Suppress Fires, the Contractor shall provide a trained Fire Guard for projects involving internal combustion engines. The fire Guard shall constantly perform duties during operation hours and for 3 hours after work stops for the day when the Fire Precaution Plan is B, C, or D. Each Fire Guard shall be physically able, vigilant and trained to prevent, detect and report any fires, and to promptly and efficiently take suppression action with available fire fighting equipment and individuals on any fire that start on the project area. Each fireguard shall be equipped with a vehicle and a Fire Tool Cache consisting of a Fire Cache Box 2 size 0 shovels, 2 pulaskis, 2 McLeod’s and 2 four to five gallon backpack pumps filled with water. This equipment is in addition to the Fire Tool Box listed above. All equipment and tools are to be maintained in serviceable condition.

5.

Fire Suppression.

· The Contractor shall take independent action on the suppression of all fires in the work area or vicinity (one quarter mile outside work area). All Forest Fires shall be reported to the District Rangers Office as soon as possible. Notification can be made via Otero County Sheriff’s Office, Alamogordo Dispatch Office, or directly to the Sacramento Ranger District Office. Even though the fire has been suppressed by the Contractor’s crew, this report is required. Telephone numbers to which fires shall be reported will be furnished to the Contractor by the Forest Service prior to start of work.

6. Equipment Requirements

· All gasoline and diesel equipment (except turbo-charged) used on the project shall be equipped with Spark arresters approved in the SPARK ARRESTERS GUIDE, USDA- FS December1966.

· All internal combustion engines are to be inspected before use on the job and periodically thereafter by the Forest Service. Equipment not passing inspection cannot be used on the project until repairs are made.

· Serviceable baffled mufflers with standard exhaust tail pipes are considered adequate on trucks pickups and sedans.

· Equipment service areas and fuel and oil storage areas are to be cleared of brush, litter, debris and grass for a radius of at least 50 feet.

· Each piece of motorized equipment not included below, shall be equipped with a round shovel and a fire extinguisher.

· The Fuel trucks, service trucks and the work camp shall be equipped with a shovel and a class ABC pressurized chemical fire extinguisher of not less than 15 pounds capacity by weight. These shovels and fire extinguisher are in addition to those required in the toolbox. These shall be furnished and maintained at the Contractor’s expense.

Power saws

· Power saws shall be kept in a safe, serviceable condition at all times. Each power saw shall be equipped with an approved SPARK ARRESTOR MUFFLER SYSTEM MEETING THE SAE J-335b STANDARD.

· The refueling of power saws shall be done on mineral soil and the saw shall be moved at least 10 feet from the refueling point to another barren spot before starting.

· Power saws with warm or hot spark arrestors or mufflers) running or not) shall not be placed on sawdust piles, litter, duff, stumps or spots that are easily ignited.

· Each power saw shall be accompanied with one round point shovel in good condition, a fuel safety container and one chemical pressurized extinguisher of not less than 8 ounces capacity by weight. The fire extinguisher is to be kept with the power saw operator at all times while working on the project. The shovel is to be kept with the fuel supply which is in addition to the Fire Tool Box and the Fire Tool Cache.

7.

Smoking and Fires

· No Smoking shall be allowed while traveling except on surfaced highway and in vehicles that are equipped with ashtrays. A surfaced highway is any road that is oiled, graveled or otherwise paved. All tobacco shall be extinguished in the ashtray.

· Smoking is not to be permitted while working. Smoking is only permitted on breaks, in areas having a clearing of at least 3 feet in diameter to bare soil. No warming, burning of debris or cooking fires are permitted during periods of High or above Fire danger, except in designated places or by written permission.

8. EMERGENCY FIRE PRECAUTIONS (5/2008)

· Contractor will restrict operations in accordance with the attached Emergency Fire Precaution Schedule. When there is a predicted change, Forest Service shall inform the Contractor by 6:00 pm, Mountain Standard Time (7:00 pm MDT), of the predicted change in the Industrial Fire Precaution Plan. The U.S. Forest Service may adjust the predicted Industrial Fire Precaution Plan for local weather conditions on project Area. Changes in the predicted Industrial Fire Precaution Plan shall be agreed to in writing.

EMERGENCY FIRE PRECAUTION SCHEDULE

FIRE RESTRICTION/CLOSURE “STAGE”

RED FLAG WARNING

(Issued by National Weather Service) D

** Partial Forest Closure:

· Project areas which are outside the boundaries of the partial forest closure may continue to operate under Industrial Fire Precaution Plan “C” operating criteria as agreed upon between the CO and Purchaser in writing.

· Project areas within the boundaries of the proclaimed partial forest closure area are to operate under Industrial Fire Precaution Plan “D”.

· Staged restriction levels are determined by the Line Officer in conjunction with Fire Management Officer(s) and Contracting Officer(s). The process is a mix of quantitative and subjective measures which allows Line Officers a broad level of discretion considering local conditions and issues when deciding to implement fire restrictions and/or area closures.

INDUSTRIAL FIRE PRECAUTION PLAN - DESCRIPTION

A - Normal Fire Precautions No fire guard required.

B - Normal Fire Precautions except designated areas for smoking and warming or cooking fires require a written permit. Purchaser will provide fire guard

C - All power saws and mechanical fellers except for mechanical fellers equipped with hydraulic shears will shut down from 9:00 am until 8:00 pm Mountain Standard Time (10:00 am to 9:00 pm MDT), except chainsaws may be used from 9:00 am until 2:00 pm Mountain Standard Time (10:00 am to 3:00 pm MDT), for limbing on landings cleared to mineral soil. Loading is authorized to continue from 12:00 noon until 2:00 pm, Mountain Standard Time (1:00 pm to 3:00 pm MDT), on landings cleared to mineral soil. Log hauling trucks must be out of the Project Area to a surfaced road by 2:00 pm, Mountain Standard Time (3:00 pm MDT). Shutdown from 12:00 noon until 8:00 pm Mountain Standard Time (1:00 pm to 9:00 pm MDT); all machine treatment of slash; mechanical equipment used for shearing, bunching, or delimbing; skidding; cable yarding; blasting; welding; metal cutting; and clearing. Operations on mineral soil involving road excavation, watering, grading, surfacing, rock crushing, and/or other equipment maintenance may continue. No smoking, warming or cooking fires are permitted at any time. Purchaser will provide fire guard.

D - Shutdown all operations; except operations on mineral soil involving road excavation, watering, grading, gravel surfacing, and rock crushing may continue with special Forest Service permit.

Noxious Weed Contractor shall insure that all off-road equipment moved on to Lincoln National Forest Land under this is free of soil, seeds, vegetative matter or other debris that could contain or hold seeds. For purpose of this provision, equipment shall be considered free of soil, seeds, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools will not be required. A current list of noxious weeds of concern to Forest Service is available at the District Ranger’s Office for this contract.

Equipment will also be cleaned prior to moving between units on this contract known to be infested with noxious weeds, and other units, if any, which are free of such weeds. Project Area Map shows such areas known by Forest Service prior to advertisement. Contractor shall employ whatever cleaning methods are necessary to ensure compliance with the terms of the clause, and shall notify Contracting Officer at least 10 working days prior to moving each piece of equipment on to Lincoln National Forest Land, unless otherwise agreed. Notification will include identifying the location of the equipment’s most recent operations. If the prior location of the equipment cannot be identified, Contracting Officer may assume that it was infested with noxious weed seeds. Upon request of Contracting Officer, arrangements will be made for Contracting Officer or Contracting Officer Representative to inspect each piece of equipment prior to it being placed in service.

Contractor shall certify in writing, compliance with the terms of this clause prior to each start-up of contract operations. Measures taken to ensure compliance for equipment present at start-up, and planned for equipment to be removed in later, will be identified. For the purpose of this clause “off-road equipment” include all tractors, feller-buncher, chippers, skidders and shredding machines except for pickup trucks, vans and cars or other highway vehicles used for daily transport of personnel.

If Contractor desires to clean equipment on Lincoln National Forest Land, such as at the end of a project prior to moving to a new project area, Contractor and Contracting Officer Representative shall agree on the methods of cleaning, locations for the cleaning, and control of off-site impacts, if any.

New infestations of noxious weeds of concern to Forest Service, identified by either Contractor of Forest Service, on Lincoln National Forest Land in the Project Area or on the route to the Project Area shall be promptly reported to the other party. Both parties shall agree on treatment methods to reduce or stop the spread of noxious weeds when new infestations are found.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984)

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

SECTION F--DELIVERIES OR PERFORMANCE

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/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-15 Stop Work Order (AUG 1989) AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is 365 days after receiving a “Notification to Proceed.

AGAR 452.211-75 Effective Period of Contract (FEB 1988)

The effective period of this contract is 365 days after receiving a “Notification to Proceed.

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at Sacramento Ranger Station, Ruidoso, New Mexico..

GOVERNMENT-FURNISHED PROPERTY

NONE

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

SECTION H--SPECIAL CONTRACT REQUIREMENTS

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Manager - Superintendent.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

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

452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(End of Clause)

***Cancellation or Change of Required Worker’s Compensation Insurance Clause***

There shall be no cancellation, material change, potential exhaustion of aggregate limits or non-renewal of insurance coverage(s) without thirty days written notice from the Contractor or its insurer(s) to the Contracting Officer. There shall be no lapse in the required coverage or any reduction in required limits during the life of this contract. Any failure to comply with the requirements of this clause shall constitute default of Contract and may be grounds for immediate termination for default of this Contract.

MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT

FSAR 4G52.222-701 Employment of Eligible Workers (DEC 1999)

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

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

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

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

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

FSAR 4G52.222-702 Labor Standards for Contracts Involving Migrant and Seasonal Agricultural Workers (DEC 1999)

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (see 29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to assure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, pre-commercial thinning, and site preparation and wild land fire fighting.

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis.