RFP_Apache_SitgreavesNF_Fence_ IDIQ2009.doc

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-8173-S-09-0018

2. TYPE OF SOLICITATION

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SEALED BID (IFB)

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NEGOTIATED (RFP)

3. DATE ISSUED

8/4/2009

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):

The USDA Forest Service, Apache—Sitgreaves National Forests, Springerville, Arizona, has a requirement for Forestwide Fence New Construction and Maintenance-Repairs of existing fences, gates, corrals, habitat fence, and other fence-related structure construction. The Government anticipates making multiple awards (MAS) under the Indefinite Delivery Indefinite Quantity (IDIQ) format. Any work assigned to this contract will be accomplished by the issuance of a competitive task order among the awarded IDIQ Contractors.

Most of this work is covered under the Davis-Bacon Act, for which wage determinations for various locations will be incorporated into the solicitation package. For work not covered by the Davis-Bacon Act, the current Service Contract Act wage determination will be attached to the affected Task Order. The Government anticipates awarding up to 5 or more Firm Fixed-Price IDIQ contracts using the Request For Proposal (RFP) format. This is a 100% Small Business Set-Aside. The Small Business size standard is $14.0 Million under NAICS code 238990.

Price Range: The Government's estimate is:

Majority of Task Orders below $25,000

An occaisional Task Orders may be between $25,000 and $100,000.

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

11. The Contractor shall begin performance within 15 calendar days and complete it within time specified calendar days after receiving

FORMCHECKBOX

award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX negotiable. (See .)

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

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

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YES

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NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 1630 (hour) local time July 30, 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

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is, FORMCHECKBOX is not required.

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

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

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

26. ADMINISTERED BY

CODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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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 or 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)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated

STANDARD FORM 1442 BACK (REV. 4-85)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

ITEM

NO.

MEAS.

QTY

B2.0 NEW FENCE CONSTRUCTION (WITH FENCE MATERIALS SUPPLIED BY GOVERNMENT):

- Includes all labor, supervision, tools, equipment, transportation, lodging, necessary to construct fence on a National Forest:

EXISTING FENCE—MAINTENANCE

(WITH FENCE MATERIALS SUPPLIED BY GOVERNMENT):

B3.0 NEW FENCE CONSTRUCTION

(WITH FENCE MATERIALS SUPPLIED BY CONTRACTOR)

- Includes all labor, supervision, MATERIALS, tools, equipment, transportation, lodging, necessary to construct fence on a National Forest

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Scope of IDIQ Contract

This solicitation is for Fence construction, maintenance, and repair, as needed, Forestwide under the Indefinite Delivery Indefinite Quantity (IDIQ) format. The Government anticipates making multiple awards under the Multiple Award Schedule(MAS). 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 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.

Each Offeror or Quoter is not required to propose an offer for all line items. Individual firms may respond with an offer only those line items for which the contractor has expertise, equipment, and materials.

The resulting awarded MAS IDIQ contracts will be made available to other Federal Government agencies performing this type of work in the State of Arizona, for issuance of task orders by Contracting Officers from the representative agencies wishing to make use of this Multiple Award Schedule. The U.S. Department of Labor Wage Determinations included in this RFP will cover all Arizona Counties. If other Federal agencies or Contracting Officer wish to award a task order against this MAS IDIQ, a proper wage determination will be needed and prices adjusted to accommodate the location of the project.

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 following zones are established for pricing and other related factors:

· Apache and Navajo Counties cover Alpine Ranger District (RD), Black Mesa RD, Lakeside RD, and Springerville RD;

· Coconino County covers Western portions of Black Mesa Ranger District;

· Greenlee County covers Clifton Ranger District (possibly Southernmost portions of Alpine RD) 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 task orders totaling a minimum of $500 , but not in excess of $999,999__ for each contract awarded under Multiple Award IDIQ format. Total of all awarded contracts awarded, combined, shall not exceed $1 Million per contract.

AGAR 452.211-72 Statement Of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

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

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

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 number of calendar days stated in each task order. The time stated for completion shall include final cleanup of the premises.

AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996) Within _5_ calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

The maximum workweek that will be approved is Monday through Friday, daylight hours, unless authorized in writing by Contracting Officer.

SECTION G--CONTRACT ADMINISTRATION DATA

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

G.2.0. 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.3.0. 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. 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 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 tailpipes and catalytic converter heat shields are considered adequate on trucks, pickups, vans, sedans, motor-homes, and ATVs provided the muffler system meets the USDA Forest Service, Spark Arrester Guide. Care shall still be taken to avoid parking such vehicles over tall grass, brush or flammable materials.

d. Equipment service areas, and gas and oil storage areas, shall be cleared of brush, litter, debris, and grass for a radius of at least 50 feet. Locations shall be pre-approved by the Forest Service.

e. Each piece of motorized equipment not included in item (f.) below shall be equipped with a round-point shovel and fire extinguisher.

f. Fuel trucks, service trucks, and the work camp shall be equipped with a shovel, double bit axe, and class ADC pressurized chemical fire extinguisher of not less than 15 pounds capacity by weight.

The shovels and fire extinguishers are in addition to those required for the Fire Guard tool cache (4.a.) and the mobile fire tool box (4.e). These shall be furnished and maintained at the Contractor’s expense.

g. All crawler tractors and rubber-tired equipment suitable for fire suppression work shall be equipped with lights for nighttime use. This includes two functioning headlights, and 1 to 2 backup lights.

h. Power saws shall be kept in a safe, serviceable condition at all times. Each power saw shall be equipped with an approved spark arrester screen muffler system defined by USDA Forest Service Spark Arrester Guide. All exhaust products must pass through the screen, which has openings of 0.023-inch or less. The effective exhaust area of the screen (total area of all screen openings) shall not be less than 200 percent of the engine exhaust port area at its smallest cross-section. Screen material will be heat and corrosion resistant, and shall provide at least 100 hours of service life.

(1.) The refueling of power saws shall be done on bare mineral soil and the saw shall be moved at least 10 feet from the point of refueling to another barren spot before being started.

(2.) Power saws with warm or hot spark arresters screen mufflers—running or not—shall not be placed or rested on sawdust piles, litter duff, stumps, or spots that are easily ignited.

(3.) Each crew with power saws shall be accompanied by at least one round point shovel in good condition and a Factory Mutual (FM) approved fuel can. One chemical pressurized fire extinguisher, 8 ounces or larger, 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 can.

i. Forced Air Burners shall be kept in serviceable conditions at all times. Blower unit power supplies must comply with 6 b and c above.

7. Smoking and Fires

a. Smoking – When/where smoking is permitted, cigarette butts or other smoking materials shall be extinguished completely and disposed of responsibly.

(1.) No smoking shall be allowed while traveling, except on surfaced highways. A surfaced highway is any road that is oiled, graveled, or otherwise paved.

(2.) Smoking is not permitted while working. Smoking is only permitted in camp or on breaks, and only in areas having a clearing of at least 3 feet in diameter to bare mineral soil or rock, or preferably inside an enclosed vehicle with an ash tray.

(3.) Smoking is not permitted while refueling, or while in the fuel storage/ service area.

b. Fires – Warming fires, cooking fires, or burning of waste debris at camp or on the job-site, shall not be permitted during periods of high to extreme fire danger except in designated places by written consent of the Forest Service. All other fires (such as burning of debris resulting from clearing a camp or right-of-way) and ash disposal are covered under sections 4.e., 4.f., and 4.g.

8. Fire Plan and Closure Order Violations

a. Contractor’s violation or deficiency in meeting fire plan requirements shall result in a state of non-compliance with the terms and conditions of the contract. Immediate suspension of contract operations will be enforced until the deficiency or violation is corrected.

b. The Contractor shall advise all employees of Forest campfire, smoking, powersaw, and/or area closure orders (36 CFR 261.52 (a) (c) (d) (e) (h)). After notification to the Contractor by the Forest Service of such orders taking effect, the Contractor and their employees may be subject to criminal action under Federal Regulations separate from this contract should a violation occur.

9. Fire Suppression Costs – The USDA Forest Service reserves the right to participate in extinguishing any fires caused by the Contractor’s operations. Contractor’s obligations for cost of fire suppression, and all suppression activities ordered or directed by the Forest Service, vary according to three classifications of fires as follow below:

a. Operations Fire. An “Operations Fire” is a fire caused by Contractor’s operations other than a Negligent Fire, when all requirements of this industrial fire safety plan have been met and consistently maintained by the Contractor. The Government (Forest Service) shall perform fire suppression activities on Operations Fires, under the authorities of 16 USC 572. Contractor agrees to reimburse the Forest Service for expenses incurred by the Forest Service for the cost of an Operations Fire, to a maximum of $10,000 dollars for each occurrence.

b. Negligent Fire. A “Negligent Fire” is a fire caused by negligence or fault of the Contractor’s deficient operations by failure to comply with all requirements of this industrial fire plan (ie. “Fire Plan Negligence”), which results in a wildfire starting or permitting a controlled fire to spread out of control. Damages and the cost of suppressing Negligent Fires shall be borne by the Contractor. The Contractor shall also be responsible for full or partial costs and damages to any property of the USDA Forest Service or third parties caused by escaped fires resulting from Contractor’s negligence.

c. Other Fires in Immediate Area. This situation is covered under section 5.d. of this industrial fire plan.

10. Historical Data – The following data on the Forest area involved is provided for the Contractor’s information. The data are averaged from records for the past 10 years based on the Energy Release Component (ERC) for the appropriate Fuel Models, at various weather stations across the Forest.

Total operating year is January 1 through December 31. (Most years lack some days of data collection during winter months when weather stations were not functional.)

Apache-Sitgreaves National Forest – Average # days/year by Industrial Plan for past 10 years:

A-S Industrial Plan NFDRS Fuel Model J

Approx. # Days per Year at Each Industrial Plan Level (5-day averaged ERC)

Average number of Red Flag Days = 1 to 15 (highly variable by year).

The majority of Plan C, D, and Red Flag days generally occur between the periods of March 25th to September 25th. Wildfire risk is usually at its greatest between mid-April through mid-July each year.

SUPPLEMENT 1

EMERGENCY FIRE PRECAUTION SCHEDULE

Fire Precaution Plan

Description

A

Normal fire precautions. No Fire Guard required.

B Designated areas for smoking, warming, and cooking fires require a written permit. Contractor shall provide Fire Guard unless relieved of this responsibility in writing by the COR.

C Power saws shall be shut down from 9 am to 8 pm MST (10 am to 9 pm MDT). Turbo-charged equipment and rubber-tired skidders, shears, and chippers shall be shut down from 12 noon until 8 pm MST (1-9 pm MDT). Shutdown from 12 noon until 8 pm MST (1-9 pm MDT) of all machine treatment of slash, blasting, welding, metal cutting, and clearing. No forced air burner or controlled burning ignition, smoking, warming, or cooking fires permitted at any time. Operations on bare mineral soil involving loading, hauling, road excavation, watering, grading, surfacing, rock crushing and/or other equipment maintenance may continue. Fire Guard is required.

D and

Shut down all operations, except operations on bare mineral

Red Flag Days, soil involving road excavation, watering, grading, gravel and Area Closure surfacing, rock crushing may continue only with a special

Orders

Forest Service permit.

11.

Plan D Authorization Letter - Attached as Supplement 2, is a sample of the additional requirements the Contractor must agree to, only if he wishes to continue limited operations on Fire Plan “D” days. This authorization letter would only be issued to contractors who already have a dozer or skidder available on that job to quickly dig fire line. Recommendation for such authorization would be determined by the District Fire Management Officer and contract COR, on an individual contract basis, taking into consideration such things as contract location, terrain, road access, hazardous fuels present, long-term fire weather forecasts, and other risk factors. Contractors who chose not to work on this limited basis during Plan “D” days may decline these additional terms, in which case normal shutdown and/or suspension of contract time would be likely until field conditions improve.

In select cases, acceptance and possession of such a letter may also serve as the special USFS permit required for legal operation during times of fire and powersaw restriction orders. A separate Forest Entry Permit, issued by the designated ranger district at no cost, would still be required for work to continue within forest areas closed to the public by special order.

District permits to continue contract work involving heat or spark-causing activities during powersaw restrictions and/or area closure orders will not be issued without very serious consideration beforehand by the District Fire Management Officer, District Ranger, COR and contract CO, and are not likely to be granted except in the most unique of circumstances.

*(See attached two-page sample letter)*

PART II--CONTRACT CLAUSES

SECTION I--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/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203-7 Anti-Kickback Procedures (JUL 1995)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.215-2 Audit and Records -- Negotiation (JUN 1999)

52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.219-8 Utilization of Small Business Concerns (MAY 2004) Alternate II (Oct 2001) 52.219-14 Limitations on Subcontracting (DEC 1996)

52.219-16 Liquidated Damages --Subcontracting Plan (JAN 1999) (Applicable if > $1 Million) 52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005)

52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988)

52.222-8 Payrolls and Basic Records (FEB 1988)

52.222-9 Apprentices and Trainees (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements (FEB 1988)

52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988)

52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (FEB 1988)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006)

52.222-50 Combating Trafficking in Persons (SEP 2007)

52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-14 Toxic Chemical Release Reporting (AUG 2003)

52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007)

52.228-2 Additional Bond Security (OCT 1997)

52.228-11 Pledges of Assets (FEB 1992)

52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995)

52.228-14 Irrevocable Letter of Credit (DEC 1999)

52.228-15 Performance and Payment Bonds – Construction (NOV 2006)

52.229-3 Federal, State, and Local Taxes (APR 2003)

52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002)

52.232-17 Interest (OCT 2008)

52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986)

52.232-27 Prompt Payment for Construction Contracts (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

52.233-1 Disputes (JULY 2002) 52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by The Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991) Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate II (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (AUG 1987)

52.244-6 Subcontracts for Commercial Items (DEC 2008)

52.245-1 Property Records (JUN 2007)

52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (SEP 2006)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--Alternate I (SEP 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)

452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996)

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996)

452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall…