AG-82B1-S-10-0159.pdf

INTERMOUNTAIN EMERGENCY RECOVERY OPERATION CENTER INSTRUCTIONS

ISSUING OFFICE:

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

INTERMOUNTAIN EROC

740 SIMMS STREET

GOLDEN, CO 80401

FAX (303) 275-5299

SOLICITATION NO.: RFP AG-82B1-S-10-0159

OFFERS ARE SOLICITED FOR: RECOVERY ROADSIDE BRUSHING, NEZ PERCE NATIONAL FOREST

IMPORTANT – NOTICE TO OFFEROR:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE TO THIS

SOLICITATION:

1. SF-1449 Solicitation/Contract/order for Commercial Items (Complete, date, and sign)

2. Schedule of Items (Page 3). (Complete Unit Price and Amounts)

3. Experience and Capability Questionnaire addressing evaluation criteria in 52.212-2

4. FAR 52.212-3 Offeror Representations and Certifications—Commercial items

5. Acknowledgement of Amendments

IT IS REQUIRED THAT YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE.

Return to: USDA, Forest Service

Intermountain EROC

740 Simms Street

Golden, CO 80401

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE CENTRAL CONTRACTOR REGISTRATION DATABASE PRIOR TO AWARD UNDER THIS SOLICITATION. SEE 52.212-4 (t) FOR DETAILS ON HOW TO APPLY.

ALL SOLICITATIONS SHALL BE ISSUED THROUGH FEDBIZOPS. NO PAPER SOLICITATIONS SHALL BE ISSUED.

IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE SOLICITATION, WHICH

SHALL BE ISSUED ELECTRONICALLY THROUGH FEDBIZOPS.

Table of Contents

Section (a) – Standard Form 1449

Section (b) – Continuation of Standard Form 1449

Section (c) – Contract Clauses

Section (d) – Contract Documents, Exhibits, and Attachments

Section (e) – Solicitation Provisions spatton Typewritten Text AG-82B1-S-10-0159 RECOVERY Roadside Brushing Nez Perce NF

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NO.

356936

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NO.

AG-82B1-S-10-0159

6. SOLICITATION ISSUE DATE

2/5/10

7. FOR SOLICITATION

INFORMATION CALL

a. NAME Stephen M. Patton (email: spatton@fs.fed.us)

b. TELEPHONE NO. (No collect calls)

907-228-6240

8. OFFER DUE DATE/LOCAL TIME

3/8/10

9. ISSUED BY CODE

10. THIS ACQUISITION IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS

USDA Forest Service Forest Intermountain EROC 740 Simms Street

UNRESTRICTED

SET ASIDE: 100% FOR

SMALL BUSINESS

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

Golden, CO 80401 SMALL DISADV.

BUSINESS

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

8(A) 13b. RATING

NAICS: 115310

SIZE STD: $7 Million

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

See schedule Same as Block 9

17a. CONTRACTOR/ CODE

OFFEROR FACILITY

CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

Same as block 9

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS

BLOCK BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See continuation sheet

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28.

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT

TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29.

AWARD OF CONTRACT: REFERENCE ___________________ OFFER

DATED _________________. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR

PRINT)

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

RECEIVED INSPECTED CONTRACT, EXCEPT AS NOTED PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

32b. SIGNATURE OF AUTHORIZED GOVT

REPRESENTATIVE

32c. DATE COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO.

40. PAID BY

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL STANDARD FORM 1449 (10-95) Computer Generated NUMBER AND PAPERWORK BURDEN STATEMENT Prescribed by GSA - FAR (48 CFR) 53.212

AG-82B1-S-10-0159 RECOVERY Roadside Brushing Nez Perce NF

Section (b)

Addenda to SF-1449, blocks 19-24

RECOVERY ROADSIDE BRUSHING

NEZ PERCE NATIONAL FOREST

Schedule of Items

The offeror must submit a unit price on all items.

Item No. 1

Description Pay Unit Method of

Meas.*

Estimated

Quantity

Unit Price Total

1.1 Roadside

Brushing

Light and

Medium for

Mile AQ 177.70

1.2 Roadside

Brushing

Heavy for

Mile AQ 23.25

1.3 Roadside

Brushing

Light and

Medium for

Mile AQ *182.27

1.4 Roadside

Brushing

Heavy for

Mile AQ *32.17

1.5 Equipment

Rental

(Brushing

Tractor)

Hour AQ 80

1.6

Mobilization Each LSQ 2 $__________ $___________

Note 1: The Offeror must quote on all sub-items within each Item. Only quotes to the nearest cent will be accepted.

* DESIGNATED METHOD(S) OF MEASUREMENT: AQ = ACTUAL QUANTITY ; LSQ = LUMP SUM QUANTITY

Section (b)

Addenda to SF-1449, block 20

STATEMENT OF WORK

2.1 - SCOPE OF CONTRACT. The services covered in this contract are for the furnishing of all labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to perform roadside brushing on roads specified herein, in compliance with the terms, specifications, conditions, and provisions of this solicitation.

2.2 - LOCATION AND DESCRIPTION. The roads to be brushed are located on the Nez Perce National Forest. This work consists of removal and disposal of limbs, residual brush, live roadside brush and trees less than eight (8) inches in diameter (when measured 8 inches above the ground on the uphill side) which are within or obtrude upon the designated brushing limits on both sides of the roadway. Work also includes the removal of all logs and windfall within the specified brushing limits. The brush limits are shown in a typical section, Exhibits A and B. This includes a horizontal distance of eight (8) feet from the shoulder of roads with ditches, eight (8) feet horizontal distance from hinge for roads without a ditch, and a horizontal distance of eight (8) feet from the shoulder of the road of the fill side. Brushing limits shall include turnouts and curves. Vegetative growth within 25 feet of a live stream will be cut for safety site distance only. The horizontal distance from the shoulder on the fill slope may vary to protect the stream and will be agreed upon in writing between the Contractor and the CO

2.3 Moving of Equipment and Supplies – Moving of equipment, accessories, support equipment, and personnel to the point of hire, and from the point of release shall be paid at the lump sum mobilization amount as shown in the Schedule of Items. Moving of equipment, accessories, support equipment and personnel to and between job locations shall be at Contractor’s expense and should be reflected in the unit bid price per mile in the Schedule of Items.

2.4 Contract Term and Performance Periods - The contract term will be from the date of contract award through October 31, 2011.

Work start is estimated to be on or about June 07, 2010 and June 06, 2011 with a shutdown for normal winter season. Work on the project shall commence within 10 calendar days (or such other longer period of time as may be mutually agreed to) after the effective date of the Notice to Proceed and proceed in accordance with the Contractor's approved work schedule. For the purpose of this project, the winter season is usually October to May of each year.

3 - EXISTING FACILITIES. All existing facilities such as signs, cattleguards, and drainage structures damaged by the Contractor's operations shall be replaced or repaired by the Contractor at no cost to the Government. No crawler type equipment will be allowed on asphalt roadways.

4 - POLLUTION AND EROSION CONTROL. During all operations under this contract, the Contractor shall exercise reasonable measures to prevent or minimize soil erosion and pollution of water or other resources. All refuse, including garbage, rubbish, and solid or liquid waste from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be collected, stored and disposed of in a sanitary and nuisance free manner. Refuse shall be disposed of in State-approved dumps or as approved by the Contracting Officer's Representative (COR).

5 - MAINTENANCE OF TRAFFIC AND USE OF WARNING DEVICES. The Contractor shall provide signs, other devices, and traffic control for occupied work areas in accordance with National standards as contained in Part VI of the Manual of Uniform

Traffic Control Devices (MUTCD), most current edition (2009), and these specifications. All signs and devices remain the property and responsibility of the Contractor.

5.1 - Traffic Conditions

(a) - Roads shall be open to traffic unless otherwise approved in writing by the Contracting Officer (CO).

(b) - One lane roads shall be available for one lane channelized passage of traffic at all times unless approved in writing by the CO.

(c) - On roads closed with gates, the gate will remain closed during the period of operations. The gate shall be opened only to allow passage of the Contractor and his/her equipment and then be closed, unless otherwise approved in writing by the CO. The Contractor shall not utilize motorized equipment behind a closed gate for hunting.

5.2 - Devices

(a) - Required signs can be mounted on portable or temporary mountings. Standard MUTCD legends shall be used.

(b) - Traffic approaching the work area from either direction or side approaches shall be warned by signing.

(c) - Signs will, at all times, be within one mile of the operating equipment or personnel, unless otherwise approved in writing by the

CO.

(d) - Hazards incidental to the work within or on the traveled way, shoulders, or turnouts shall be marked with hazard identification, illuminated beacons, and other MUTCD devices to safely guide road users through the area. Work shall be scheduled to provide for completion of segments on a daily basis.

(e) - Advisory speed plates may be used to control traffic through the work area.

5.3 - Equipment

(a) - All vehicles and machinery operating on or from the traveled way or road shoulder shall have flashing amber lights or rotary beacons operated continuously while work is in progress.

(b) - Vehicles and machinery not currently used in the maintenance operation shall be parked off the traveled way at approved locations to minimize interference with the normal use of the road.

(c) - Use of motorized equipment, other than hand held equipment such as power saws and brush cutters, will not be permitted off designated roads in the project area without the approval of the Contracting Officer's Representative (COR).

6 – REQUIREMENTS.

6.1 - Logs and windfalls

(a) - Logs and windfalls, lying within or across the brushing limits, shall be cut off at the top of the cut slope; they shall then be moved beyond the brushing limits to a location that will prevent the log from rolling into the brushing limits. Portions of a log or windfall that lies on the upper side of the road shall either be firmly anchored, to prevent sliding into the brushing limits, or moved beyond the brushing limits as described above.

(b) - Windfalls on the fill slope side which extend above the road elevation shall be cut off at least two (2) feet below the road elevation and disposed of as outlined above. Logs shall be placed, limbed, or scattered so that limbs do not extend above the roadway elevation.

(c) - Creeks, streams and drainage facilities must be kept clear of any debris or materials handled during performance of brushing and work shall not result in interference or obstruction of water flow.

6.2 Brush and trees eight (8) inches or less in diameter

(a) - All brush and trees located inside the brushing limits shall be cut off leaving a stump height no higher than four (4) inches above the ground level on the uphill side for hand cut trees and six (6) inches above the ground for machine brushing. Stump height of vegetation cut within the roadway shall not exceed two (2) inches.

(b) - All brush, slash, trees, etc., shall be cut off cleanly, with no material left partially cut, bent over or matted down.

(c) - No brush, slash or other material shall be disposed of in creeks or streams, and shall not interfere with or obstruct drainage facilities.

(d) - All slash having a diameter greater than one (1) inch and a length greater than two (2) feet or a length greater than three (3) feet regardless of diameter shall be disposed of by scattering outside the brushing limits so that no material extends above the roadway elevation.

6.3 - Trees in excess of eight (8) inches diameter

(a) - Trees in excess of eight (8) inches diameter, when measured eight (8) inches above the ground, shall be limbed so that no limb extends within a clear height of 14 feet directly above the roadway. Limbs shall be trimmed with a pole saw as near flush with the trunk as practicable. Limbs shall be disposed of outside the brushing limits. Limbing of trees with machines will not be allowed.

(b) - Debris shall not be allowed to accumulate in heavy concentrations, and should be distributed outside the brushing limits adjacent to the cutting area in a location that will prevent the debris from rolling into the brushing limit.

6.4 – Daily Brush Removal

All brush shall be removed from the roadway at the end of each day.

6.5 - End Product Description –

Before and after finish brushing the roadway

(a)Shall be cut to the vertical and horizontal dimension shown on the Typical Brushing Detail.

(b)Shall have all material cut of the proper diameter size requirement.

(c) Shall have material cut to the proper height requirement.

(d) Slash shall be scattered outside the Brushing Limits.

(e) Material shall not be scattered into the stream or waterways.

(f) Shall not have concentration of slash over 18 inches above the ground.

(g) Shall have Traffic Control signing in place as stated in Quality Assurance Plan.

(h) Signing shall meet the requirements of the Manual of Uniform Traffic Control Devices.

(j) Shall have no damage to existing facilities.

It is industry practice to use machine-mounted (rotary or flail type mowers) brush cutters and hand labor to do this work. Sub items requiring hand brushing will be accomplished by use of chainsaws, pruners, loppers, etc. and all material to be removed will be cleanly severed.

7 - INSPECTION AND ACCEPTANCE

7.1 ADDITIONAL INSPECTION AND ACCEPTANCE REQUIREMENTS

The following requirements are in addition to the inspection requirements set forth in FAR 52.212-4(a). The Government will, at its convenience, make periodic inspections of the work to assure itself of contract compliance.

(a) Contractor Quality Control Inspection.

The Contractor shall self-inspect and keep written records of such self-inspection, all performance to assure it meets contract specifications, prior to requesting the Government to inspect for payment or acceptance. Upon completion of a road, or segment of road not less than 5 miles in length, the Contractor shall contact the Contracting Officer's

Representative (COR) to set a mutually agreed upon date for inspection of completed work.

(b) Acceptance.

Acceptance of the work under the contract will be made after steps in (a) above have been taken and the COR has made the determination of satisfactory compliance with the specifications. For acceptance purposes, complete segments as defined in (a) above, or an entire road if shorter in length, shall be satisfactorily completed before acceptance will be made. Acceptance will not be made for segments broken by unacceptable portions of work.

7.2 - Not used in this solicitation

7.3- WORK PLAN

(a) The Contractor shall furnish the Government a work plan prior to the issuance of the Notice to Proceed. This work plan shall include at the minimum:

(1) Hours of day the Contractor intends to work.

(2) Days of week the Contractor intends to work.

(3) Schedule showing dates when brushing will begin and a listing of the sequence of roads to be accomplished.

7.4 CONTRACT ADMINISTRATION DATA

CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer will designate a representative, hereinafter referred to as the Contracting Officer's Representative (COR) or, alternatively, as the Engineer, who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the pre-work conference. The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer. The term "Contracting Officer" as used throughout the Specifications, shall be interpreted to include the Contracting Officer's designated representative(s) acting within the limits of their delegation of authority.

7.5 – MEASUREMENT

Accepted work will be measured in miles to the nearest tenth mile along the centerline of the roadway, and shall include only those roads or road portions which are ordered under the contract and completed in accordance with the specifications. Measurement will be by a Forest Service vehicle. Note: Parking areas, turnouts, and approach road connections are considered as part of the main roads and shall not be measured separately. Mileage measurement includes all work on both sides of the road.

7.6 - PAYMENT. Payment will be made for completed and accepted mileage to the nearest tenth of a mile as stated above, at the contract unit price per mile.

7.7 - INVOICING. The contractor is responsible to provide a signed and properly executed invoice to the Government for each portion of accepted work for which payment is requested. Failure to provide all necessary information may result in the return of the invoice for correction and subsequent delay of payment.

8. CONDITIONS ON USE OF PREMISES

8.1 Camping

(a) Camping will be allowed only at the sites designated on the project maps or approved in advance by the District Ranger.

(b) No improvements of a permanent nature shall be constructed without prior written approval of the CO. Temporary structures such as tent frames, hitch racks, tents and tent pegs shall be removed at the end of the period of use, all evidence of the camp eliminated, and the site restored to its original condition. Final payment will not be authorized until the campsite has been cleaned up and the site is approved by the Contracting Officer or his designated representative. Reusable native material may be neatly stacked for future use.

(c) Livestock will not be permitted without written approval from the Contracting Officer.

(d) Vegetation shall be undisturbed to the maximum extent possible. The Contractor will be permitted to cut only those trees designated by the CO.

(e) Storage of petroleum products in excess of 50 gallons at the campsite will require the approval of the CO. All petroleum spills shall be immediately cleaned up. All spills will be reported immediately to the CO or COR. Spills over 25 gallons will be reported to the Idaho State Department of Environmental Quality. No waste disposal of petroleum product will be permitted on National Forest land.

(f) Chemical toilets are preferred for all campsites, however, the Contractor may be permitted to construct a slit trench when conditions warrant. Any slit trench constructed shall not be located closer than 400 feet to any live stream and is subject to approval of the CO. The trench shall be covered and the area restored to as natural a condition as possible when the camp is closed.

(g) Refuse including waste materials, garbage, and rubbish of all kinds, shall be disposed of in the following manner, and shall guard the purity of streams and living waters:

Garbage, trash, sewage waste, and other litter shall be kept in closed fly-proof containers and periodically hauled to an approved disposal facility located outside of the National Forest.

(h) Waste water shall be disposed of in a leach pit located at least 300 feet from springs, streams, and lakes. The pit shall be a minimum of 2 x 2 x 2 feet and shall be filled with rock two to eight inches in diameter. The leach pit shall be covered with at least two feet of compacted soil when the camp is closed.

(i) No waste or by-products shall be discharged if it contains any substances in concentrations which will result in substantial harm to fish and wildlife, or to human water supplies. Storage facilities for materials capable of causing water pollution, if accidentally discharged, shall be located so as to prevent any spillage into waters, or channels leading into water, that would result in substantial harm to fish and wildlife or to human water supplies.

(j) The camp area shall be maintained to present a clean, neat, and orderly appearance. Disposal of trash and debris, unusable machinery, Forest Service authorized improvements, etc., shall be kept current. Building materials, firewood, etc., shall be neatly stacked. The campsite shall be left in a clean condition. Any clean-up work not accomplished by the Contractor at time of camp closure will be done by the Forest Service, and the actual cost of such clean-up will be deducted from payment otherwise due the Contractor.

8.2 - PHYSICAL DATA (FAR 52.236-4) (APR 1984)

(a) 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.

(b) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by the

U.S. Department of Agriculture, Forest Service. Features shown on the plan & profile sheets were identified by visual observation during the preliminary location and survey and during a "plans in hand" review.

(c) Weather Conditions - The project is subject to seasonal limitations from November thru June. Wet weather commonly limits construction operations in October and June.

8.3 BARRICADES, WARNING SIGNS, AND OTHER DEVICES

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic. The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes. Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

8.4 OTHER FACTORS AFFECTING THE WORK

PETROLEUM PRODUCTS

Storage

Storage of more than 200 gallons of petroleum products on the project must be done under the rules and regulations of the State of

Idaho Forest Practices Act (IDAPA 20.02.01) and Pacfish Standard RA-4. A partial list of these requirements is listed below:

(a) Storage containers shall be sited within a constructed dike of sufficient size to contain 125% of the volume of the petroleum products stored in the tanks. Containment areas shall be lined with an impermeable membrane.

(b) The storage areas shall be located more than 300 feet from any existing stream courses.

Fueling of equipment

Fueling of equipment shall be done in a manner to eliminate potential spills.

(a) Transfer trucks shall be limited to 200 gallons maximum.

(b) Fueling of equipment shall take place a minimum of 300 feet from any stream course. If this requirement cannot be met a written spill plan must be approved by the CO.

(c) All spills shall be reported immediately to the CO. Spills over 25 gallons must be reported to the Idaho Division of Environmental

Quality.

8.5 NOXIOUS WEED CONTROL

In order to prevent the potential spread of noxious weeds into work areas, Contractor shall be required to use weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment prior to entry on to the work area. This cleaning shall remove all dirt and plant parts and material that could carry noxious weed seeds into the work area. Only construction equipment so cleaned and inspected by the Forest Service will be allowed to operate within the work area. All subsequent move-ins of construction equipment shall be treated in the same manner as initial move-in. "Construction equipment" does not include pickup trucks and personal vehicles.

Prior to the initial move-in, and all subsequent move-ins, the Contractor shall make all construction equipment available for inspection by the Forest Service at an agreed upon location. The Contractor shall give the Forest Service at least 24 hours advance notification when equipment is ready for inspection.

8.5 FIRE CONTROL

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by

Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the

Contractor's employees or resulting from contract operations.

(b) - Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned. Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area. An equitable adjustment in contract time may be made for this period.

(c) - Fire Protection Requirements – Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

(1)Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the

Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One (1) - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

One (1) - shovel, round point #0 lady or equal.

One (1) - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One (1) - water container (at least 1-gallon capacity), not required with stationary equipment.

Three (3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive

Engineers J335b standards;

(b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe;

(c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(3)Power saws.

For each power saw used in connection with this contract, the following will be provided:

One 1) - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One (1) - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a power saw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; power saw shall be moved at least 10 feet from place of fueling before starting.

(4) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the

CO with special precautions stated.

(5) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(6) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease,or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(7) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(8) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch. All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

(9) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with hand pump attached, shall be immediately available for use in the event of a fire start.

(10) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared.

The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the

Government will provide the patrolman.

(11) Pump and Trailer. The Contractor shall provide at a location satisfactory to the

Contracting Officer, a serviceable truck or trailer, equipped with a fire fighting tanker unit to be kept ready for instant use for suppressing forest fires. The unit shall consist of a tank of not less than 100-gallon capacity upon which shall be mounted a live hose reel or live hose basket with 250 feet of at least 3/4-inch I.D.

heavy-duty rubber hose; a portable or power takeoff pump with discharge capacity of at least 10 gallons per minute at 150 P.S.I. pressure. Gear type pumps shall be provided with a bypass or pressure relief valve so that the hose nozzle may be shut while the pump is operating. Each tanker unit shall have a hose nozzle of the shut-off type, adjustable for straight stream, spray or fog, at least 12 feet of 1-inch suction hose with an intake screen, an additional 250 feet of 3/4-inch heavy-duty rubber hose or 1-inch cotton jacket rubber-lined or linen hose to be carried on the unit for use as needed. Tools, adapters, accessories and fuel necessary to operate the pump and truck or trailer shall be provided. If a trailer is used, a serviceable vehicle with the proper trailer tow hitch shall be located at a point satisfactory to the Contracting Officer. Where water is available, a supply sufficient for rapidly filling the water tank shall be provided at one or more accessible points along or adjacent to the main truck roads.

(12) Burning. Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Obtain a burning permit from the District Ranger.

(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his discretion, prohibit all open burning for definite periods within specific areas of the

National Forest.

Section (c)

Contract Clauses

52.212-4 Contract Terms and Conditions - Commercial Items. (MAR 2009)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights -

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the

Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the

Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by

Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic

Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment. (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate

EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the

Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in

(i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the

Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-

2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the

Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the

Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the

Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

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

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the

Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of

1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and

Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 U.S.C. 40118, Fly

American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to

Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data.