AG-7512-S-16-0015.rtf

Solicitation Number: AG-7512-S-16-0015 Project Name: Gavilan Thinning Lincoln National Forest

Table of Contents

SF-1449 1-2

Table of Contents 3

Part 1- Schedule of Items 4

Part 2- Description/Specifications/Statement of Work 5-18

Part 3- Clauses 19-32

Part 4- Solicitation Provisions 33-36

Part 5- Representations and Certifications 37-50

Part 6- Evaluation Criteria 51-52

PART 1 –SCHEDULE OF ITEMS

GAVILAN THINNING

LINE

ITEM #

ITEM DESCRIPTION

UNIT of ISSUE

EST.

QTY.

UNIT PRICE

TOTAL PRICE

Gavilan Hazardous Fuels Reduction Thinning Projec: The contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to complete the work required.

ACRES

AGGREGATE TOTAL

Contractor MUST be registered in the System for Award Management (SAM) located at www.sam.gov. There is no cost for registration. Lack of SAM registration may result in offer being rejected from being evaluated and ineligible for award.

SPECIAL NOTES:

Unit prices are to include mobilization. Applicable taxes, and all costs associated with the work. Additional the unit pricing should reflect operating supplies, overhead, profit, direct and indirect labor, equipment etc.

Questions/inquiries concerning this solicitation must be submitted in writting no later than May 13, 2016 @ 12:00 PM. You may email your questions to Maria Borodko at mborodko@fs.fed.us.

PART 2 – DESCRIPTION/ SPECIFICATIONS/ STATEMENT OF WORK

PERFORMANCE STATEMENT OF WORK (PWS)

SECTION 1- GENERAL

Introduction

The contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to complete the work required. The execution of the work shall be performed in an organized, systematic manner to assure all required services shall be performed to completion before any new work may begin. The Contracting Officer or Contracting Officer’s Representative (COR) shall determine when satisfactory completion of portions of the contract are sufficient to allow additional work to begin in an additional plot, block, section or portion.

The Lincoln National Forests, Smokey Bear Ranger District has a requirement for the reduction of tree densities and slash Treatment on 625 acres. Treatment will be completed by chainsaw thin and hand pile methods due to slope, access and prescription requirements.

1.1 Scope of Work - The objective of this contract is to secure a complete set of services to accomplish Wildland Urban Interface treatment. Tree density reduction will be accomplished by cutting less desirable trees and retaining those with good growth characteristics such as vigorous growth and no signs of disease. 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.

1.2 Location and Description - The location of the worksite, access to the areas, 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. Vicinity Maps are located at the District Office and Project Maps are attached to this Contract. The project area is located on the Smokey Bear Ranger District. Boundaries other than those easily identified by ground features are marked with Blue flagging. Primary access is from Forest Road 120A. Forest Road 120A is off of Eagle Creek road which is off Gavilan Canyon road that connects with Highway 48 in Alto, New Mexico as well as Hwy 70 in Ruidoso, New Mexico. Slope is moderate to steep usually between 20% and 40%. The thinning units are primarily south aspects between Gavilan Canyon and Gavilan Ridge. Access is limited from the bottom as prvate landowners cover the area in Gavilan Canyon. The primary vegetation within the project is a ponderosa pine stand with interspersed piñon – juniper trees. Deeper and shady drainages within the units contain mixed conifer.

1.3 Accessibility - Work areas have limited access 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.

Foot travel will be required to complete the thinning project.

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 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

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.A

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.

2.1.4QUALITY 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). The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer within the limits of his/her authority.

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.

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 and 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- GOVERNMENT FURNISHED PROPERTY

3.1 GOVERNMENT FURNISHED PROPERTY, MATERIALS, SERVICES

GOVT FURNISHEDPROPERTY/

SERVICES/DATA ETC.

QUANTITY

WHERE, WHEN, HOW TO BE FURNISHED TO CONTRACTOR

Protected Area Maps

Provided at time of Prework

SECTION IV- CONTRACT FURNISHED ITEMS/SERVICES

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- TASKS/ SUBTASKS

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 625 acres of tree density reduction during the period of 180 days after receiving a “Notification to Proceed” on the Lincoln National Forest, Smokey Bear 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 – The Gavilan Thin Project is located in T. 11S, R.13E, Sec. 1, 12, 13, 14 and 24 near Ruidoso, NM.

5.1.3 Accessibility – Access into the project area is through private land 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 by terrain features or with Blue flagging.

5.1.6 Restrictions – No activity will be permitted within Control Areas. All wheeled or tracked equipment shall not be operated within such areas except on existing roads or trials approved by the Contracting Officer. Control 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 Control 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. If trees designated for removal fall into a Control Area, the resulting slash will be removed to minimize any disturbance.

5.2 Performance Work Statement Tasks

5.2.1 Thinning Wild Stands- Sub merchantable vegetation and other woody material shall be thinned and treated to reduce hazardous fuels as well as achieve an uneven aged, uneven sized, more open and healthy timber stand while retaining some down woody material, large logs and snags for wildlife use on 625 acres of Forest lands.

5.2.1.1 Automatic Leave Trees –

All trees under 18” in height.

All junipers greater than 12” DRC (Diameter at Root Collar).

All conifer trees greater than 9” DBH (Diameter at Breast Height).

All oak, aspen and hardwood species of any size.

All dead standing trees (snags) greater than 12” DBH.

All trees with flagging and/or marking paint.

5.2.1.2 Automatic Cut Trees are:

Snags (dead standing trees) up to 12” DBH.

Bark beetle attack (topkill, fresh pitch nodules, boring dust, emergence holes).

Weak, thinning, yellowing, or fading foliage on 33% or more of the crown.

More than 33% of bark circumference cut into the cambium layer, peeled, or missing.

Mistletoe infection.

Forked boles.

5.2.1.3 Select Cut Trees applies to all healthy conifer trees from 18” in height up to 9” DBH and healthy junipers from 18” in height up to 12” DRC. Selection of trees from this range to be cut will be based on a combination of the following criteria: spacing, species, size and health as described below.

Spacing shall be 30 feet on average. Conifers greater than 9” DBH and junipers greater than 12” DRC shall be considered in spacing. Oak, aspen and all hardwoods are not to be considered in spacing.

Species: For this contract, conifer trees refer to ponderosa pine, southwestern white pine, Douglas fir, pinyon pine, and white fir.

Species priority in descending order of preference:

ponderosa pine (PP) southwestern white pine (SWWP) Douglas-fir (DF) pinyon pine (PI) juniper (JU) white fir (WF)

The Contractor is responsible to ensure that all employees making thinning decisions can correctly identify each of these species. Not every acre within the project area will have each of the tree species listed.

Size of select cut trees shall be made to leave an uneven aged & sized stand where possible. For example, when selecting trees in the applicable range, a 9” DBH healthy tree may be cut in order to leave a 5” DBH healthy tree of the same species if there are already numerous 9” DBH trees already left in the immediate area, or, if the smaller tree is a higher preferred species or of healthier characteristics..

Health preference shall be visually determined by the contractor and employees making thinning decisions. A conifer leave tree shall exhibit none of the unhealthy tree characteristics listed in 5.2.1.2.

5.2.1.4 Slash Treatment- For this contract the term “slash” refers to:

Generated Slash: All or part of any woody vegetation as soon as it is severed from the stump, bole, uprooted or otherwise no longer able to grow.

Pre-existing Slash: Woody vegetation created from previous treatments and natural dead & down sticks & logs from 3” diameter up to 11.9” diameter.

100% of generated slash and 75% of pre-existing slash shall be bucked and piled.

Piles shall be 6 to 8 feet in diameter with a height of 4 to 6 feet in height.

Piles shall be constructed with smaller diameter material on the bottom and larger diameter material placed on top in a tightly compacted manner.

Piles shall be built in a manner which will minimize material from rolling out of the piles as they are burned.

Piles shall be located so as to minimize scorching of leave trees.

Piles shall be located at least 10’ away from non-piled “wildlife” logs (logs greater than 11.9” diameter with a length greater than 7.9’).

Piles shall not be built in ditches, or streams.

Piles shall be at least 20’ from fences, property boundaries, structures or other improvements.

Piles shall be located at least 20’ from unit boundaries.

Piles shall not be left within the high water flow limits of any streams, springs, or drainage.

No slash shall be left outside the contract boundary, unless otherwise approved by the CO.

All required slash treatments shall be kept concurrent with operations.

5.2.2 Stump Height - Removal of Live Limbs- All trees which are required to be removed shall be cut below the lowest live limb, except when prevented by natural obstacles. All live limbs below the removal point shall be removed. Trees shall be completely severed from the stump. The contractor shall strive to cut stumps flush with the ground with a maximum residual stump height of six inches above natural obstacles. Stumps shall be cut parallel to the ground achieving a flat top. No sharp edges shall be facing up that could cause injury to personnel and/or damage to rubber tired equipment.

5.2.3 Felling- Removed trees shall be completely severed from the stump, below the lowest live limb. Trees shall be felled directionally away from all private land boundaries, utilities, fence and other improvements, protected water and drainages, and land survey corners. Dropped trees shall not be left leaning on, or suspended by any leave tree or fence. Trees which are felled across telephone or electrical lines shall require that the contractor notify the utility company immediately followed by the CO or COR. Removal of these trees shall be performed at the Contractor’s expense.

5.2.4 RESOURCE PROTECTION- The Contractor shall exercise extreme care to prevent damage to existing facilities, developments and resources. The Contractor’s equipment will not be permitted to cross meadows, stream channels, or other non-work areas except at designated locations. Equipment shall not operate when ground conditions are such that machine operation 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. If existing facilities are damaged, they shall be replaced or repaired by the contractor at no cost to the Government.

Protection Measures needed for Plants, Animals, Cultural resources, Recreation and Cave Resources –

Archaeology Avoid identified archaeological sites.

Wildlife Although not likely, some acres within the original treatment area may need to be substituted for similar acres in the same general area if threatened, endangered or sensitive species are found to be occupying the project area.

5.3 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 or crews 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.

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 10 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 are completed, the Contractor will be notified and the contract obligations will have been met. Any Control Area or designated non-work areas exceeding 2 acres in size will be GPS’d and deleted from the gross acreage for payment.

5.5 Disincentives -

- If not acceptable must be reworked at the Contractors expense.

- Will not Issue Notice to Proceed.

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

- Twenty-eight 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 shutdown of operations until moisture levels decrease or a reasonable solution is agreed upon by both parties.

5.6 PERFORMANCE REQUIREMENTS SUMMARY

Task/Critical Subtask

Quality Performance Standards (100%)

Acceptable Quality Level

Means of Measurement

Negative Incentives

Positive Incentives Submittals

Contractor demonstrates their understanding of project goals N/A Technical Review

Contract Award Tree Density Reduction Chainsaw thinning trees 95% Visual observations and Sampling results as provided by the Contractor Rework at no cost to the Government Allowed to proceed with project Leave Tree Selections Leave Tree Descriptions 95% Visual observations and Sampling results as provided by the Contractor

Rework at no cost to the Government Allowed to proceed with project Slash treatment

Hand piling

90% Random measurements & Sampling results Rework at no cost to the Government Allowed to proceed with project Road Use Original condition of used roads 100% Visual observation Rework at no cost to the Government Allowed to proceed with project, final payment

SECTION VI- GOVERNMENT PUBLICATIONS/ INDUSTRY STANDARS/ STATE STANDARDS/ GOVERNMENT STANDARDS/ TECHNICAL EXHIBITS

The following attachments are made a part of this contract.

Attachment 1 MAPS 2

Attachment 2 Wage Determination No 69-0115(Rev-55) 3

Attachment 3 Past performance Questionnaire 2

STANDARD FIRE PLAN

1. Fire Prevention during periods of contract 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 Contracting Officer’s Representative, 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 contract 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 eh COR or a Fire Prevention Technician or other designee. The contractors representative or otherwise designated contract 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 Toll Box During contract 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 firefighting 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). 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. Even though the fire has been suppressed by the contractor’s crew, this report is required. The office and telephone number to which fires shall be reported will be furnished to the contractor by the Forest Service prior to start of contact 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 in item F, 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, double bit axe, class ABC pressurized chemical fire extinguisher of not less than 15 pounds capacity by weight. The shovels and fire extinguisher in E and F, above, 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.

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. Violations

Contractor will restrict operations in accordance with the attached Emergency Fire Precaution Schedule. The five-day average Energy release Component of the Fire Danger Rating System from a representative weather station will be applied to the table below using Fuel Model G. When there is a change, Forest Service shall inform the contractor by 6:00 p.m. of the predicted change in the Industrial Fire Precaution Plan. The procedure for the Forest Service to notify the Contractor of a change shall be agreed to in writing. The Contracting Officer may adjust the predicted Industrial Fire Precaution Plan for local weather conditions at the thinning area. Changes in the predicted Industrial Fire Precaution Plan shall be in writing.

The representative Weather Station will be identified in the legend of the Thinning Project Area. If the Contractor elects to install, or had access to, a fire weather station approved by the Forest Service, that is representative of the project area, the Industrial Fire Precaution Plan shall be governed by the five day average ERC determined by that station. Fire Weather Stations established and operated by the contractor shall meet the specifications and standard enumerated in the Fire Weather Observers Handbook (Intermountain Forest and Range Experiment station, Feb. 1972), which is available for inspection at the District Ranger Office. Records of such weather measurements shall be maintained and shall be made available to the Forest Service on request. The location and frequency of weather observations shall be agreed in writing.

EMERGENCY FIRE PRECAUTION SCHEDULE - FIVE-DAY AVERAGE ERC BY FUEL MODEL

A B C D G J K L

PLAN A

0-1 0-37 0-9 0-18 0-35 0-109 0-37 0-3

PLAN B

2-3 38-73 10-19 19-37 36-70 110-217 38-74 4-6

PLAN C

3-3 74-93 20-21 38-50 71-79 218-239 75-82 7-9

PLAN D

+4 +94 +22 +51 +80 +240 +83 +10

Area Closure Proclaimed by Regional Forester---------------------------Plan D Red Flag Alert Issued by Forest Supervisor-------------------------------Plan D

Fire Precautions Plan

Normal Fire Precautions, no fire guard required

Normal Fire Precautions, except designated areas for smoking, warming and cooking fires require written permission. Contractor will provide Fire Guard.

Shutdown from 12:00 Noon, until 8:00 p.m., for all machine equipment for shearing, bunching, de-limbing, skidding, cable yarding, welding, metal cutting and clearing. No smoking, warming or cooking fires are permitted at any time. Power saws will shut down from 9:00 a.m. until 8:00 p.m.; saws may be used for limbing on landings cleared to mineral soil from 9:00 a.m. to 2:00 p.m.

Shut down operations, except operations on mineral soil involving road excavation, watering, grading, 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.

PART 3 – CONTRACT 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/

FAR 52.212-4 Contract Terms and Conditions - Commercial Items. (MAY 2015) FAR 52.223-6 Drug-Free Workplace. (MAY 2001) FAR 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (MAY 2008) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract shall run for 365 calendar days from issuance of Notice to Proceed.

FEDERAL ACQUISITION REGULATION CLAUSES

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Mar 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] _X__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

_X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] _X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_X__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

_X__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (44) 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).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) _X__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

_X__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

_X__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

_X__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of…