2009_RFP_Facilities_Property_IDIQ.doc

CHECKLIST OF MINIMUM REQUIREMENTS

TO RESPOND TO THIS REQUEST FOR PROPOSALS (RFP)

· _____ Request For Proposals (RFP) Return Package (Be sure to include Schedule of Items; Past Performance and Technical Capability; See Section M)

· _____ Register or maintain yearly registration in CCR/ORCA

· _____ Provide your Taxpayer Id Number (TIN)________________________ (Note: The TIN number you supply must match the TIN number you supplied in CCR, which maybe your EIN or SSN)

· _____ Provide your DUNS number____________________

· _____ Provide your MSWPA number__________________ (Copy of MWSPA card will be required after award)

· _____ RFP Return Package should be mailed at least 5 (five) full business days before the Closing Deadline (Note: Couriers and USPS do not consider the area for the mail to address as an overnight destination, it usually takes two or three days to receive any package sent by Overnight Courier or USPS).

PRE-PROPOSAL MEETING

DATE:

WEDNESDAY, APRIL 29, 2009

TIME:

1:00 P.M. (MST)

LOCATION:

APACHE-SITGREAVES N.F.’S SUPERVISOR’S OFFICE

MAIN CONFERENCE ROOM

30 S. CHIRICAHUA DRIVE

SPRINGERVILLE, AZ 85938

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-8173-S-09-0008

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

3. DATE ISSUED

4/23/09

PAGE OF PAGES

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY

CODE

USDA Forest Service Apache-Sitgreaves National Forests

Supervisor’s Office – Acquisition Management

PO Box 640 30 S. Chiricahua Drive

Springerville, AZ 85938

SAME AS BOX NO. 7

9. FOR INFORMATION

CALL:

a. NAME

WARREN ABBOTT

b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(928) 333-6344

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

IDIQ—Facilities & Property Maintenance Services and Light Construction Apache—Sitgreaves National Forest, Apache – Navajo – Greenlee Counties, Arizona The USDA Forest Service, Apache—Sitgreaves National Forests, Springerville, Arizona, has a requirement for Forestwide repairs, painting, electrical, vault toilet pumping, plumbing repair, carpentry, roofing, window replacement, etc. and other miscellaneous structure projects. All of this work is covered under the Davis-Bacon Act, for which wage determinations for various locations will be incorporated into the solicitation package. The Government anticipates making multiple awards (MAS) of Firm Fixed-Price IDIQ (Indefinite-Delivery / Indefinite-Quantity) contracts under the Request For Proposal (RFP) format. This is a 100% Small Business Set-Aside. The Small Business size standard is $13.0 Million under NAICS code 238990.

Price Range: The Government's estimate is:

Majority of Task Orders below $25,000

Some Task Orders between $25,000 and $100,000.

Minimum for each awarded contract for each year is $500.

11. The Contractor shall begin performance within * calendar days and complete it within * calendar days after receiving

FORMCHECKBOX

Award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX negotiable before Task Order is issued.

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12b.)

FORMCHECKBOX

YES

FORMCHECKBOX

NO If required on Task Order 12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a.

Sealed offers in original and * copies to perform the work required are due at the place specified in Item 8 by 4:30 pm local time May 28, 2009 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

b.

An offer guarantee

FORMCHECKBOX

is, FORMCHECKBOX is not required. (If “is required” see AGAR Clause 452.228-70) c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212

1442-101

STANDARD FORM 1442 (REV. 4-85)

Computer Generated

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

CODE

FACILITY CODE

17.

The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

FORMCHECKBOX

10 U.S.C. 2304(c)( )

FORMCHECKBOX

41 U.S.C. 253(c)( )

26. ADMINISTERED BY

CODE

USDA Forest Service Apache-Sitgreaves N.F.

Supervisor’s Office – AQM PO Box 640 30 S. Chiricahua Drive

Springerville, AZ 85938

USDA Rural Development Centralized Servicing Center

4300 Goodfellow Blvd (FC-233) Bldg 105E

St. Louis, MO 63120-1703 Phone: 314-457-4525 FAX 877-380-8527

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

FORMCHECKBOX

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

FORMCHECKBOX

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

WARREN ABBOTT

30b. SIGNATURE

30c. DATE

31b. UNITED STATES OF AMERICA

BY

31c. DATE

6/01/2009

Computer Generated

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

B- 1.0 Schedule of Items

Miscellaneous facilities maintenance and light construction services. All contractor proposed rates shall include overhead (general and administrative costs and mobilization for each zone price), supervision, tools, incidental supplies, quality control, insurance/permits, and profit needed to perform the task. Task Orders will be negotiated using the rates below, location of work, cost of materials, and delivery schedule.

REVISED 4/30/2009

APACHE COUNTY

Up to 48 inches on any side

*Window supplied by government Each

Greater than 48 inches on any side

*Window supplied by government Each

Up to 80 inches on any side.

*Door and trim supplied by government Each

(Additional work, parts, equipment to be negotiated on individual task orders)

Describe equipment (make, model, type, size of tank, etc.):__________________________________________________________________

When necessary, Mileage (one-way) to properly dispose of full tank of waste materials if local authorized disposal site is not available.

19.1

19.2

19.3

19.4

19.5

19.6

19.7

19.8

19.9

The Base Contract Period will be from date of award through September 30, 2011, subject to availability of funding for each fiscal year beyond September 30th.

AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988) During the period specified in FAR clause 52.216-18, Ordering, the Government shall place orders totaling a minimum of $500 per awarded contract, per year, but not in excess of $200,000 per contract over life of contract.

THE FOLLOWING IS EXCERPTED FROM SECTION M.2.0. PAST PERFORMANCE AND TECHNICAL CAPABILITY INFORMATION, LOCATED ON PAGE 53.:

Contractors are required to submit past performance information for evaluation purposes to determine the best value to the government. Submit, with your proposal, information that can be used to evaluate their Past Performance and Technical Capability (include any sub-contractor info that is applicable).

Past Performance shall be submitted for similar projects for the past 3 years as part of the proposal response for the contractor (and proposed major subcontractors). Contractors should develop a list of past performance in the format listed below:

Short paragraph description of each project:

Name of Contracting Office: USA Federal Contracting; Contract/Project No.: XX-XXXX-XX; Contract total value: $XX,XXX; Contracting Officer / Customer phone:

Sam O. Stone (928) 123-4567; Program Manager (COR) and phone: Project Engineer (928) 123-4567; List of major subcontractors: Construction (928) 123-4567

Technical Capability shall be submitted in the form of a statement or document that outlines the contractor’s capability, equipment, training, specialized training (such as bio-based, etc.), safety plan, general business practices that provides enough information to satisfy an Evaluation Panel reviewing the proposal that the contractor is able to perform the work contained in the RFP.

PART I - THE SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS

Scope of IDIQ Contract

This solicitation is for Building (Facilities) & Property Maintenance and Light Construction Services Indefinite Delivery Indefinite Quantity (IDIQ). The Government anticipates making multiple awards under the Multiple Award Schedule(MAS) format. The Government guarantees a minimum task order of $500 per awarded contractor. The Contracting Officer (CO) will make the determination of the competitive range of proposals. The majority of the work anticipated to be awarded by task order will be within a 150 mile radius west and south from the Headquarters of the Apache-Sitgreaves National Forests, Springerville, Arizona. All awarded contractors will be expected to begin performance of the work of task orders within the five (5) to ten day (10) calendar day window from issuance of Notice-To-Proceed (NTP). Contractors will be required to make Government work the highest priority over other commercial business activities.

Contractors are not required to propose an offer for all line items. Individual firms may respond with an offer to those line items for which the contractor has expertise, equipment, and materials.

Given the current competitive marketplace, Offerors or Quoters are reminded of the requirement to respond adequately to the Evaluation Factors contained in Section M. Elaborate proposals are not desirable, however, succinct and adequate responses to Past Performance and Technical Capability will determine the competitive range. Evaluation and award will be based on “best value” to the Government as determined by the Contracting Officer or his/her designee.

Location of Project

The project areas are located within a 150 mile radius West and South of the Headquarters of the Apache-Sitgreaves National Forests, Springerville, Arizona, 85938. The Apache-Sitgreaves National Forests are divided into appropriate counties as Zones. The following zones are established for pricing and other related factors:

ZONE 1 = APACHE COUNTY

ZONE 2 = NAVAJO COUNTY

ZONE 3 = GREENLEE COUNTY

Contractor shall furnish all labor, personnel, supervision, materials, supplies, tools, equipment, transportation, permits, and incidentals to perform work identified in individual Task Orders.

Types of maintenance services include, but are not limited to, work on buildings and other structures; electrical systems; thermal and moisture protection; finishes; specialty items; equipment; furnishings; flooring, heating, ventilating, and air conditioning systems; fence repair; window or door replacements, welding, water distribution systems; wells; wastewater treatment systems; chlorinators; sprinkler systems; showers, tubs, sinks, and toilets. Additional services include masonry; plaster and drywall; finish and rough carpentry; painting; plumbing and pipefitting; electrical (interior and exterior); sheet metal work and welding, roofing (asphalt shingle, metal sheet, membrane, etc.).

The types of buildings work will be performed include residential; office or administrative buildings; training facilities; bunk houses; and storage buildings such as a garages or warehouses. Buildings may be in use during the repair or reconstruction. The age of buildings covered under this contract range from historic to new structures.

C- 6 Government-Furnished Property Any property or supplies furnished by the Government will be identified on the Task Order. Contractor is responsible for protection of property provided in accordance with FAR 52.245-1.

C- 7 Technical Specifications Project specifications will be provided as each Task Order is negotiated.

Contractor shall provide overall management of work and be responsible for timely delivery, compliance with specifications, quality control of the project, and workplace safety. All work shall conform to current IBC Codes as well as State and Local Regulations.

Performance of work shall be performed by journey level skilled personnel for all trades.

Electrical work shall be performed by a licensed electrician. The Government may require State Electrical Inspection. If required, the Task Order will identify the need and price shall include cost for this inspection.

C- 8 Drawings If Government determines that drawings are needed, they will be provided as each Task Order is negotiated.

C- 9 Task Orders

Services under this contract will be provided on a Task Order basis. Task Orders will normally be issued unilaterally. Prior to issuance of the Task Order, the Contracting Officer will issue a scope of work, schedule, and specifications for materials, maps, and any pertinent information regarding services needed.

The Contractor shall submit a detailed proposal within 10 days of receipt of the Contracting Officer’s request. To support the proposed prices, the proposal shall include backup cost details including, but not limited to:

· Subcontractor price quotations.

· Type of skill or trade to be used (from schedule) and number of hours to complete the work.

· Proposed materials and supplies, including price quotations.

· Identification of foreign-made materials, stating the country of origin and price comparison between foreign-made and American-made items.

· Fees on material quotations.

· Mobilization costs, if not covered in travel.

· Work progress schedule.

Proposal shall be signed by the Contractor. If accepted by the Contracting Officer, a Task Order will be issued as a Firm Fixed-Price.

C-11 Bonding If required in the Task Order, the Contractor shall provide any bonding or alternative payment protection within 10 days of award of any Task Order. The Notice to Proceed with the work shall not be issued until required bonding is received and accepted by the Contracting Officer.

SECTION E - INSPECTION AND ACCEPTANCE

E- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/ and the Agriculture Acquisition Regulation may be accessed at www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

FAR 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may--

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may--

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

SECTION F - DELIVERIES OR PERFORMANCE

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984) F- 2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10-calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than agreed on each Task Order. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1.0. INVOICES, PAYMENTS, AND ACCRUALS

All payments for services rendered shall be made by proper invoice. The successful offeror will be provided FS-6300-30, Contract Payment Estimate and Invoice, form at the Pre-Work Conference prior to issuance of any task orders. The Government may introduce total electronic invoicing at some point during the life of contracts awarded from this RFP. Total electronic invoicing will allow contractors to submit an invoice on-line (via internet) or by fax or mail to a designated third party agent or vendor that will verify the accuracy of the invoice and either accept or reject the submitted invoice on a timely basis.

It is the Contractor’s responsibility to submit a proper invoice as required in FAR 52.232-25(3). At a minimum, a proper invoice shall contain the following:

· Contractor name and address that matches CCR database

· Invoice date and Invoice number (unique for each submission)

· Contract Number and Task Order Number

· Line item descriptions that match the Contract Line Item Number (CLIN), reference the CLIN

· Name and address of Contractor’s official to whom payment shall be sent (from awarded contract)

· Name, address, phone number, and mailing address of Contractor’s representative to be notified in event of defective invoice

· Any other terms and conditions required by contract for proper invoice

G.2.0. CONTRACTOR REGISTRATION PROCESS ------- DUNS/CCR/ORCA ---------- REQUIRED:

All vendors who wish to do business with the Department of Agriculture (USDA) Forest Service must first be registered in the Central Contractor Registration (CCR) database and complete the Online Representations and Certifications Application (ORCA).

· All vendors, including individuals, are required to obtain a Data Universal Numbering System (DUNS) Number, a unique, nine-character identification number provided by Dun & Bradstreet (D&B). If you do not already have a DUNS number, call D&B at 1-866-705-5711 to obtain your free number. The process takes about 10 minutes and is free of charge. You can view instructions for obtaining your DUNS number at www.ccr.gov/pdfs/DUNSGuideGovVendors.pdf . You must have a DUNS number to register in CCR.

· Using your DUNS number, register with the Central Contractor Registration (CCR) database. Go to their website at www.ccr.gov (preferred method) or call the CCR Assistance Center at 1-888-227-2423 to obtain a hard copy registration form. Also call the CCR Assistance Center if you need help while navigating the website. YOU MUST HAVE AN ACTIVE REGISTRATION TO BE AWARDED A PROCUREMENT ACTION. You must update your registration whenever you change phone numbers, address, banking information, etc. or at least annually to keep it active.

· Once you register, the CCR administrators will mail you a Trading Partner Identification Number (TPIN). You must have your DUNS number and TPIN to update your registration. Keep these in a safe place where you can find them. If you misplace or forget your TPIN, go to www.ccr.gov , click on Register in CCR, click Update/Renew, click CCR Update TPIN. In the large green box at the top of the screen you will see “Don’t know your TPIN? Click here for TPIN letter request.” A new TPIN will be mailed to you at the address you used in CCR. Do NOT give anyone your TPIN or MPIN numbers.

· Make sure you use the same federal Taxpayer Identification (TIN) in CCR that you use to do business with the government. This may be a social security number for individuals or sole proprietors and an Employer Identification Number for others. It must be the same TIN you use to pay taxes for your business to IRS.

· For vendors responding to a solicitation, a Blanket Purchase Agreement (BPA) or an Emergency Equipment Rental Agreement (EERA) the Federal Acquisition Regulation requires the use of the Online Representations and Certifications Application (ORCA) as part of the proposal submission process. To register in ORCA you must have two items: an active CCR record and a Marketing Personal Identification Number (MPIN) identified in your CCR record. Your DUNS number and MPIN act as your company’s ID and password into ORCA. To enter your information via the Internet go to https://orca.bpn.gov .

· Provide your TIN number and DUNS number to the contracting office with whom you are doing business. The office will go on line to verify your active registration in CCR and ORCA. If you have not completed BOTH registrations, you may be excluded from consideration for an award or agreement.

· NOTE: If you make any changes to your address, phone or bank account information in CCR, be sure to notify any federal offices with whom you do business so they can have your finance record updated. If your finance record is not updated, payments will continue to be routed to your old bank account.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1.0

USE OF PREMISES

The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform the contract in such a manner as not to interrupt or interfere with the conduct of Government business. No work shall be performed in designated Recreation Areas on the weekends unless specifically called for in the specifications and/or at direction of the COR or Contracting Officer.

H.2.0

FAR 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by: none.

(b) Weather conditions (use 10-year data from National Weather Service).

(c) Transportation facilities none.

(d) There are no utilities available for use at project locations.

H.3.0.

PERSONAL PROTECTIVE EQUIPMENT

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

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

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

4. The contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

5. The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

6. The contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

7. The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

8. The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.

H.4.0

CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS

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

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

2. Every structure used as shelter shall provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold. Firewood may be cut only after obtaining a District Firewood Permit.

3. The campsite will not encroach beyond the boundaries designated by the Forest Service. The campsite shall be located so as to minimize impacts on streams, lakes, and other bodies of water. No camping shall be permitted within developed recreation sites or along primary recreation roads.

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

5. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the contractor fails to remove all structures or improvements within the 10 calendar days, they shall become the property of the United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site.

6. Unless otherwise designated by the Contracting Officer, the use of this area is not exclusive, and may be granted to other Permittees, contractors, or recreating public. Disorderly conduct is not permitted.

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

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

9. Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items.

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

11. Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition.

12. Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodants.

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

a. Gauze pads (at least 4x4 inches)

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

c. Box adhesive bandages (band-aids)

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

e. Two triangular bandages

f. Scissors

g. At least one blanket

h. Tweezers

i. Adhesive tape

j. Latex gloves

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

14. Any washing of laundry shall be done in such a way as to provide for washing and rinsing without polluting lakes, streams, or other flowing water.

15. Waste water must be disposed of away from living and eating areas and in a fashion that minimizes pollution to lakes, streams, and other flowing water.

16. The contractor shall take all reasonable precautions to prevent and suppress forest fires. No material shall be disposed of by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

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

a. A shovel, axe or pulaski, 10 quart pail which is full of water for immediate use and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 1:A 10:BC is required during the fire season.

b. All fire rings or outside fireplaces will be approved by the Forest Service representative. The area will be cleared down to mineral soil for a distance of 1 foot outside of the ring or fireplace and it will not have any overhanging material. Fire rings will be dismantled and material disposed prior to leaving the site.

c. All generators and other internal combustion engines will be equipped with USFS approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in (b).

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

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

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

H.5.0 SERVICING AND REFUELING EQUIPMENT.

The location, size, and allowable uses of service and refueling areas will be designated by COR prior to use. Such sites must be located at least 100’ from streamcourses or other sensitive wet areas. Construct berms around the site to contain spills. The Contractor will take all reasonable precautions to prevent pollution of soil and water. The Contractor will maximize the recovery and proper disposal of all fuels, fluids, lubricants, empty containers, and replacement parts. Refuse resulting from the Contractors use, servicing, repair, or abandonment of equipment shall be removed from National Forest Land by the Contractor to the appropriate disposal facilities. Spill prevention, containment, and countermeasure plans are required if the fuel exceeds 660 gallons in a single container or if total storage at a site exceeds 1320 gallons. The COR will be aware of actions to be taken in case of a hazardous substance spill.

H.6.0 Industrial Fire Plan The following requirements are a part of this solicitation and any resultant contract, and shall be provided at the Contractor’s expense:

1. Wildfire Prevention – During periods of contract performance, fire prevention and immediate suppression actions shall be performed by the Contractor.

2. Execution of Industrial Fire Plan

a. Forest Service personnel involved will, in all cases, coordinate through the Contracting Officer’s Representative (COR) except in cases of emergency, Red Flag Days, or Forest closure.

b. The Contractor shall designate a Fire Guard, fluent in English, who shall be responsible for executing and carrying out the Industrial Fire Plan requirements. The name of this representative will be provided to the COR at the pre-work meeting.

c. The Contractor shall include the Industrial Fire Plan requirements in all subcontracts.

d. The Contractor shall assure that all contract employees are informed of the existence and conditions of the Industrial Fire Plan requirements.

3. Compliance Inspection

a. Inspection by the Forest Service will be made to insure compliance with the fire requirements.

b. Should any deficiencies appear during the inspection, the Contractor will be informed and the deficiencies shall be corrected within 24 hours. Activities with the potential to start fires shall be halted until the deficiencies are corrected and the corrections are approved by the COR.

c. The Contractor’s Fire Guard shall make daily inspections to insure that the terms of the Industrial Fire Plan requirements are met at all times, both on the job-site and in the Contractor’s camp.

4. Fire Pre-Suppression Requirements

a. Fire Toolbox - During contract performance, the Contractor shall furnish and maintain, at the Contractor’s expense, one mobile Fire Toolbox, within ¼ mile or less of the location where the Contractor is currently performing work and camping.

The fire toolbox is to be maintained with tools in good condition, in such quantities and mix to provide a fire tool for each person in the Contractor’s workforce. This equipment is for the sole purpose of firefighting: a mix of three shovels, size 0 or larger, one axe, two fire rakes, two Pulaskis, and two 3-5 gallon hand pump garden sprayers or backpack pumps filled with water. Where appropriate, a chainsaws may be substituted for the axe; a McLeod tool or heavy duty garden rake for a fire rake, and a heavy duty garden wide hoe or other sturdy digging/scraping tool may be substituted for the Pulaski.

The fire toolbox shall be replenished with re-sharpened, reconditioned, or new tools by the Contractor after each use.

b. Work Hours – The Contractor shall restrict operations in accordance with the following Industrial Fire Plan level unless the COR waives the requirement in writing.

Each day of operation when there is a predicted change in the Industrial Fire Plan level, the Forest Service will inform the Contractor between 3 and 6 pm MST (4 and 7 pm MDT). Notification will be made of the alphabetical industrial fire precaution plan (Supplement 1) to be followed the next day within the local operating area.

No later than 9 am MST (10 am MDT) the following day, the Forest Service will inform the Contractor of any change in the fire precaution schedule. In the case of Red Flag Days, the Forest Service will inform the Contractor as soon as possible after the National Weather Service issues their high wind warning for that day, which often comes after 9 am MST.

c. Blasting – Use of caps and safety fuse detonators for blasting is not permitted during periods when fire precaution plan C, or D, or Red Flag is in effect. A Fire Guard shall be required in accordance with the Industrial Fire Plan level (see Section H.3.0.). This individual, when required, shall remain on duty to check for fires for at least 1 hour after blasting is finished. Required equipment shall consist of at least one 5 lb. fire extinguisher, one shovel, size 0 or larger and one 3-5-gallon hand pump garden sprayer or backpack pump filled with water. Blasting hours are restricted under fire precaution plan C; and blasting is prohibited under fire precaution plan D and on Red Flag days.

d. Welding –Written permission must be obtained from the COR during fire precaution plan B, C, and D. Welding is prohibited on Red Flag days. Required equipment at the welding site shall consist of at least one 5 lb. fire extinguisher, one shovel, size 0 or larger and one 3-5-gallon hand pump garden sprayer or backpack pump filled with water. An area commensurate with the amount of welding to be accomplished shall be cleared to bare mineral soil before welding operations are started. The area in the immediate vicinity of the operation shall be wet down before and after operations. The area adjacent to the welding operations shall be thoroughly checked by the Fire Guard for fires for at least 1 hour after welding.

e. Slash Incineration – Operation of forced-air burners must comply with all state and federal open burning laws, regulations and policies. Forced air burners shall be operated with a minimum set back from combustibles of 100’. This activity is prohibited on fire precaution plan C, D and Red Flag days.

f. Ash disposal – Ash from slash incineration shall be treated in such a manner as to not constitute a wildfire risk, and shall be disposed of in an approved manner designated by the COR.

g. Controlled Burning – All planned burns, including pile burns or use of air curtain burners, conducted by the Contractor under the terms and conditions of the contract are required to have a written Burn Plan that meets the requirements of Forest Service Manual 5140 for the project. The Burn Plan must be prepared, recommended and approved by the appropriate Forest Service Officers. The Contractor will notify the CO, COR, and District Fire Management Officer prior to implementation of a burning project. The Contractor will insure all appropriate Federal, State and local laws, regulations, and policies pertinent to the Burn Plan, are adhered to. Training and qualification standards for the Contractor’s employees conducting burning operations will be required according to the applicable regulations in NWCG 310-1, which can found at the National Wildfire Coordinating Group website, www.nwcg.gov/pms/docs/docs.htm.

h. Fire Guard – To prevent, detect, and suppress wildfires, the Contractor shall provide one or more trained Fire Guards at each operating area where internal combustion engines, incineration equipment, controlled burns or camps are used. Each Fire Guard is required to read, understand, and perform the Industrial Fire Plan duties. The Fire Guards may perform other contract work in conjunction with Fire Guard duties, provided such other work does not distract from Fire Guard responsibilities. A Fire Guard(s) assigned on one operating area shall satisfy the requirements on adjacent areas if the travel time with available transportation is not in excess of twenty (20) minutes to any of the other areas.

Each Fire Guard shall be physically able, and trained to prevent, detect, and report any fire, and to immediately take suppression action with the required firefighting equipment and employees on any wildfire that starts within the contract area. The Fire Guards shall perform their duties during normal operating hours; with an added two (2) hour watch after work stops for the day when the Fire Precaution Plan is at level B or C (see Supplement 1). If the Contractor has agreed to additional terms for operation under Fire Precaution Plan D (see Supplement 2), the Fire Guard will perform all requirements specified in the Plan D Authorization Letter issued by the CO.

Each Fire Guard shall be equipped with a vehicle capable of carrying a minimum 5 lb. fire extinguisher and fire tools consisting of a cache box with one shovel, size 0 or larger, one cutting tool such as either an axe, Pulaski or chainsaw, one fire rake or heavy duty garden rake, and two 3-5-gallon hand pump garden sprayers or backpack pumps filled with water. All equipment and tools shall be maintained in serviceable and operable condition. The tool cache for the Fire Guard will be in addition to the Fire Toolbox maintained for the work crews and available for use at both the work site and campsite.

i.

Communications –The Contractor shall provide some form of direct communication, such as a cell phone or two-way radio, between the Fire Guard(s) and the work crews, and when technically possible, between the job-site and the Forest Service. The Contractor’s cell phone number, or other form of contact, will be reported to the COR at the pre-work meeting. All communications will be in English.

5. Wildfire Suppression

a. The Contractor shall take independent action immediately to suppress all fires originating within the contract boundary and camp location. The Contractor shall continue fighting the fire until released from the fire by the Forest Service. The Contractor will take appropriate action on a fire outside the contract area or campsite to the level of their firefighting experience, abilities and qualifications. The Contractor may be requested to assist the Forest Service with fighting a fire if the personnel have been trained and equipped with the proper personnel protective equipment (PPE). If contract operations are interrupted for fire fighting purposes the Contractor shall notify the COR as soon as practical.

b. If the Contractor pursues fighting any wildfire which has moved from off the USFS contract land and crosses onto lands of other ownership, such as private property, the Contractor shall be aware that dangers may be present associated with urbanized areas. For example, the Contractor will need to become highly alert, and take extreme care to avoid dangers associated with open flames or operating heavy equipment near propane/butane tanks and underground gas lines, overhead/underground electric lines, underground septic tanks, and private outbuildings which may contain hazardous or flammable/explosive chemicals. Coordination as soon as possible with USFS and/or local municipal firefighters who are better trained for safe wildland/urban-interface fire suppression tactics is recommended when faced with fires on private lands.

c. All fires shall be reported immediately to the most available Forest Service office. The COR will insure that all fire reports are forwarded immediately to the Apache-Sitgreaves NF Fire Dispatcher’s Office. Even though the fire may have been suppressed by the Contractor’s crew, this report is still required. The office and telephone numbers to which fires shall be reported will be furnished to the Contractor at the contract pre-work meeting.

d.

The Contractor shall not perform fire suppression activity, or provide reinforcement support, on any wildfires that originates and remains outside the contract boundary or Contractor’s camp location, without meeting the criteria below.

If the Contractor wishes to be available to assist the Forest Service with emergency wildfire suppression or support activities beyond the contract boundary, all the Contractor’s, and/or Subcontractor’s, equipment must first be signed up on an Equipment Rental Agreement, USDA/USDI Optional Form 294, issued by the Apache-Sitgreaves National Forests. (In cases of extreme emergency, the Forest Service can finalize this agreement at the fire location.) Emergency use of equipment manned with operators, such as dozers, skidders, tree shears, chainsaws and water trucks/trailers, would then be compensated to the Contractor at current Forest Service fire-fighting rental equipment rates common to the area. Equipment rented by the Forest Service under this agreement shall be operated only by physically able personnel supplied by the Contractor.

Likewise, all personnel employed or subcontracted by the Contractor who wish to work on wildfires as individuals must first be currently certified with the required fire training to be qualified as a wildland firefighter before being permitted to assist the Forest Service with fire suppression. Firefighters must also have completed the necessary forms to become temporary emergency Forest Service fire-fighting employees. Contract personnel temporarily released off this contract by the Contractor to fight off-contract fires, shall be paid by the Forest Service at current USFS standard emergency “administratively determined” (AD) fire-fighting rates.

The COR can direct you on how and where to make these preparations in advance. The contract COR must be notified as soon as possible in writing when the above conditions for fire rental equipment and personnel have been met. The Contractor must also notify the COR as soon as practical if contract operations are interrupted for emergency fire fighting outside the contract area. If the Contractor does not wish to meet these criteria to help fight wildland fire outside the contract area, the Contractor is not required to do so.

6. Equipment Requirements

a. All gasoline and diesel equipment (except turbocharged) used on the project, and in camp, shall be equipped with spark arresters approved in the Spark Arrester Guide, USDA Forest Service, which will be used by the USFS for equipment inspections. Copies of this Guide can be viewed on the internet at wwww.nwcg.gov/pms/pubs/pubs.htm. To purchase the most recent Guide, go to the above mentioned website.

b. All internal combustion engines must be inspected before use in the job and periodically thereafter by the Forest Service. Equipment not passing inspection cannot be used until repairs are made, re-inspected, and passed by the Forest Service - see attached Supplement 3: Order Southwestern Region USDA Forest Service pursuant to 36 CFR 261.50 and 261.52 (f) and (j).

c. Serviceable baffled mufflers with standard exhaust…