AG-82B1-S-10-0185 SOLICITATION-pdf.pdf

AG-82B1-S-10-0185

Solicitation/Contract Form Supplies or Services/Prices Description/Specifications C-10 – Other Points of Interest Packaging and Marking Inspection and Acceptance Deliveries or Performance 52.211-8 Time of Delivery. (JUN 1997) Contract Administration Data Special Contract Requirements Contract Clauses 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009.

(MAR 2009)

52.204-11 American Recovery and Reinvestment Act--Reporting Requirements. (MAR 2009) 52.215-2 Audit and Records - Negotiation. (MAR 2009) -- Alternate I (MAR 2009) 52.217-9 Option to Extend the Term of the Contract. (MAR 2000) 52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 1989) 52.222-54 Employment Eligibility Verification. (JAN 2009) 52.244-6 Subcontracts for Commercial Items. (AUG 2009) 52.252-2 Clauses Incorporated by Reference. (FEB 1998) List of Documents, Exhibits and Other Attachments Representations, Certifications, and Other Statements of Bidders 52.204-8 Annual Representations and Certifications. (FEB 2009) 52.223-13 Certification of Toxic Chemical Release Reporting. (AUG 2003) 452.219-70 Size Standard and NAICS Code Information. (SEP 2001) Instructions,Conditions, and Notices to Bidders 52.216-1 Type of Contract. (APR 1984) 52.233-2 Service of Protest. (SEP 2006) 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) Evaluation Factors for Award

Solicitation/Contract Form

Supplies or Services/Prices

PART 1 – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES

CIM-0100-03T

Northwest Montana Counties Trail Maintenance and Reconstruction 2-BRT-Trails

TRAIL MAINTENANCE CONTRACT – 2010, 2011

Bitterroot National Forest, Ravalli County, Montana

B-1 – Schedule of Items

B-2: Bidders may bid on a single Item, a combination of items, or on all Items. Bids are required on all subitems of each item bid. Only bids to the nearest cent will be accepted.

Item Name Item

Supplies/Services Qty. Unit

Bid Unit Price

Bid Total Amount

2010 Bitterroot Non-Wilderness

1a Trail Maintenance Miles 130.7 MI $ $

2011 Bitterroot Non-Wilderness

1b Trail Maintenance Miles 103.8 MI $ $

Item Name Item

Supplies/Services Qty. Unit

Bid

Unit Price

Bid

Total Amount

2010 AP & SBW EAST

(Wilderness)

2a Trail Maintenance Miles 91.3 MI $ $

2011 AP & SBW EAST

(Wilderness)

2b Trail Maintenance Miles 62.9 MI $ $

Item Name Item

Supplies/Services Qty. Unit

Bid

Unit Price

Bid

Total Amount

2010 Bitterroot OHV 3a Trail Maintenance Miles 13 MI $ $

2011 Bitterroot OHV 3b Trail Maintenance Miles 28.5 MI $ $

B-3: Bidders, who bid on more than one Item, may qualify their bids to limit the total quantity of work for which they are eligible for award. Bidders desiring to qualify their Bid must complete the following:

"My Bid is limited to a maximum of $ ___________ and a minimum of $ ____________, on this bid."

Description/Specifications

General Specifications

C-1 – Scope of Contract

The Federal Government has a requirement for a Performance Based Service Contract for Forest Wide Trail Maintenance for the USDA Forest Service, Bitterroot National Forest. Peformance based means the Contractor is responsible for an end product. If an end product is not provided in compliance with the contract specifications, an adjustment to the payment will be made.

The Performance Based Statement Of Work shall consist of completing the work as defined in Section C to the Acceptable Quality Level (AQL) required in Section C. The awarded contract shall constitute the entire agreement including all terms and conditions applicable to the contract.

The Contractor shall provide all expertise, labor, supervision, services, equipment, mobilization, tools, supplies (i.e., water, etc.), permits, licenses, transportation, and incidentals necessary to perform trail maintenance on OHV and single track trails (wilderness and non-wilderness), for which the desired outcome is in strict accordance with the standards listed in this contract. Maintenance may include significantly higher than normal work loads due to naturally occurring events such as, avalanche, windthrown trees and fire affects. Maintenance workloads may also be significantly higher than normal due to lack of maintenance in the recent past. See section C-2 Location and Desription for further description.

Contractors are encouraged to throughly review all information included in this document in relation to fire affected miles of trail and past maintenance records so to provide a sufficient bid to account for probable higher than normal maintenance workload. There is no “Heavy Logout” bid item in this solicitation.

C- 2 – Location and Description

This project is located on the Bitterroot National Forest, in Ravalli County, Montana. The trails are located throughout the Bitterroot National Forest in Montana. See attached exhibit maps. These maps are modified excerpts from the 2005 edition of the Bitterroot National Forest Travel Map.

(a) ITEM #1a - 2010 Bitterroot Non–Wilderness - work is located in Montana on the Darby, Sula and West Fork Ranger Districts. (See exhibit maps section J pages x-xx, see exhibit J pages xx for legal and location description).

(b) ITEM #2a - 2010 AP & SBW EAST (Anaconda-Pintler Willderness & Selway-Bitterroot Wilderness East) - work is located in Montana on Stevensville, Darby and Sula Ranger Districts.

(See exhibit maps section J pages x-xx, see exhibit J pages xx for legal and location description).

(c) ITEM #3a – 2010 Bitterroot OHV - work is located in Montana on the Sula Ranger District. (See exhibit maps section J pages x-xx, see exhibit J pages xx for legal and location description).

(d) ITEM #1b – 2011 Bitterroot Non–Wilderness - work is located in Montana on all Ranger Districts. (See exhibit maps section J pages x-xx, see exhibit J pages xx for legal and location description).

(e) ITEM #2b - 2011 AP & SBW EAST (Anaconda-Pintler Willderness & Selway-Bitterroot Wilderness East) - work is located in Montana on Stevensville, Darby and Sula Ranger Districts.

(See exhibit maps section J pages x-xx, see exhibit J pages xx for legal and location description ).

(f) ITEM #3b - 2011 Bitterroot OHV - work is located in Montana on the Sula and West Fork Ranger Districts. (See exhibit maps section J pages x-xx, see exhibit J pages xx for legal and location description ).

DESCRIPTON

The work involves performing Trail Maintenance throughout the Montana portion of the Bitterroot National Forest. The work includes “logging out” the ORIGINAL TRAIL CLEARING LIMITS of downed or leaning trees; removing loose rocks and woody debris that have entered the original trail tread;

and cleaning all existing drainage structures (to original design) since the last maintenance period. No brushing or blasting is required. Trail Maintenance standards, specifications and performance requirements are detailed below and in Section C7. Contractors are required to complete work to meet these specifications and performance requirements as explained in sections C7 and E2.

Bid items are separated by year to accomplish (2010 & 2011), wilderness, nonwilderness and OHV (off highway vehicle) trails.

On portions of trails located in wilderness, no use of motorized tools or mechanized transport is allowed.

Mechanized transport of equipment, camp gear, tools, etc. for any part of this contract via off highway vehicles will not be permitted except on trails designated for this type of mechanized transport (OHV trails are listed on ITEM #6 - 2011 Bitterroot OHV (see exhibit maps section J pages x-xx).

The terrain is characterized by very steep and deeply dissected topography. Weather conditions in this area are unpredictable and may include thunder, lightning storms, and wind. These conditions are already accommodated in the delivery schedule. Contractor(s) may encounter trail conditions caused by natural events that maybe outside the scope of this contract (see section C-10). Conditions on the trails will vary widely in regard to the amount and size of downed or leaning trees, woody debris, loose rock material and drainage structures. Consequently:

THE AMOUNT OF WORK REQUIRED TO SUCCESSFULLY PERFORM TRAIL

MAINTENANCE WILL VARY WIDELY ESPECIALLY ON TRAILS AFFECTED BY FIRE

AND/OR ON THOSE TRAILS THAT HAVE NOT RECEIVED MAINTAINENCE RECENTLY.

ESTIMATED MILES OF FIRE AFFECTED TRAIL AND MAINTENANCE RECORDS ARE

INCLUDED ON THE TABLES OF EXHIBITS.

Fire intensity is highly variable. Trees can be charred and black in areas of high intensity fire. In areas of low intensity ground fire, trees may not be charred. Either conditon can increase the number of downed trees. These segments of trails may have more downed trees than trails that have not been burned. Note that these fire affected miles are NOT a separate bid item in the contract. It is the offerors responsibility to determine trail conditions prior to submitting an offer. Prospective contractors should submit bids that include this anticipated work as part of that Item’s bid.

Numbers and condition of drainage structures vary per trail. OHV trail drainage structures will require considerably more work than single track structures. OHV tread width is wider than single track (see exhibit). Government estimates of time are 15-30 minutes per OHV drainage structure. There are approximately 50 structures per mile. These estimates are made using basic hand tools.

Standing dead trees, often referred to as “snags”, occur throughout the Forest environment. They can fall to the ground unpredictably. Trail log-out may require that “snags” be cut, either from a leaning position above the ground or as a downed tree. Some weather conditions may increase snag instability. Trail maintenance contractors need to evaluate the hazard posed by snags for personal safety particularly during windy conditions

All work shall be completed by the dates shown in F-2 - Deliveries or Performance, snow melt and other access conditions permitting. All rules and regulations pertaining to travel restrictions and other activities on National Forest lands shall be adhered to during the performance of the work. Examples are weed free hay requirements, food storage in bear country, travel restrictions in effect in certain areas, and use of authorized equipment in wilderness/non-wilderness situations.

If the trail maintenance contractor has trouble locating a trail or sections of a trail, they shall contact the COR and request government assistance prior to proceeding.

C-3 – Site Visit

No site visit is planned for this project. Exhibits are provided to assist in workload estimates and bid calculatons. For more information, please contact Nick Hazelbaker at the West Fork Ranger Station, (406) 821-3269. (See Section L, FAR clause 52.237-1)

C-4 – Government-Furnished Property – None. There are no Government-owned stock holding facilities available for contractor use for the completion of this contract. Developed camp areas may only be used with permission of the District Ranger of the distict that these facilities are located upon. Use must be scheduled and coordinated through the progress schedule.

C-5 – Contract Administration

At a prework meeting to be held before work starts, the Contractor shall designate, in writing, a person to act for the Contractor during his/her absence from the work site. The Contractor shall list the extent of authority this representative shall have on the job. The Contractor or the authorized representative shall receive orders and instructions from the Contracting Officer and shall take such action as is required to keep the job in progress under the terms of the contract. Both the Contractor and any designated representative(s) shall have both oral and written command of the English language.

C- 6 – Camping; Use and Transportation of Stock

Camping will be permitted at locations designated by the Contracting Officer's Representative. A camp management plan and work progress schedule must be submitted to and approved by the Contracting Officer prior to occupying any camp on National Forest land. This shall be given to the Contracting Officer prior to work start date. The plan shall address camp location, low impact methods, food storage, stock use and containment, and disposal of garbage and human and animal wastes. Garbage shall be hauled to the nearest authorized county dump or transfer station. Use of developed (full service facilities) Forest Service campgrounds and other high use areas will not be allowed unless authorized by the District Ranger (see section C-4). Camping under this contract may be limited to 14 days in some locations, and is subject to availability of a suitable site.

Camping is restricted to low impact camping methods:

(a) Select campsites in durable areas at least 200' from lakes, streams, trails. Do not construct lean-to's, bough beds, or drainage ditches. Self-supporting tents and foam pads are alternatives to using native material.

(b) The camp area shall be maintained to present a clean, neat and orderly appearance. It should be kept clean and free of litter at all times. Combustible and organic garbage shall be completely burned. Metal, glass, plastic, aluminum and other non-combustible/organic material shall be packed out.

(c) Nailing to live trees is prohibited. Use rope or twine and shims if you attach tent poles to trees temporarily.

(d) Equipment caches are prohibited. All equipment (including stoves, tables, beds, tools, dishes, etc.)

and supplies (including camp gear, food and horse feed) shall be packed out at the end of the project.

(e) Pit-type latrines are mandatory at all multi-night camps, and shall be located over 200’ from water.

(f) Don't build rock fire rings. Use a fire pit or fire pan to contain warming/cooking fires. Dig a shallow pit. Remove and save the sod or topsoil by setting it aside away from disturbance. Burn dead and down material. Keep fires small; burn all wood to a fine ash. COR or his/her representative will designate any snag to be felled for camp wood if necessary. Felled trees shall be low stumped at no more than 3" height ground level.

(g) Do not add soap to lakes or streams (bathing or washing dishes).

Use and Transportation of Stock:

(a) Avoid tying stock directly to trees. Acceptable stock containment includes the use of grazing hobbles, pickets, high lines, rope hitch rails or electric fence systems in order to avoid scarring trees and compacting the soil. "Tree-saver" straps help avoid scarring when a rope hitch line is attached to a tree. Undeveloped, stock handling facilities shall be located at least 200 feet from any water source.

Manure shall always be scattered at all camp and grazing sites to hasten decomposition.

(b) Allow stock to graze loose when possible, but under the direct care and control of handlers. Montana is a “fence out” state but that does not excuse handlers from containing and controlling their livestock while on National Forest lands, including system roads. Loose grazing is not authorized at developed recreation sites.

(c) Stock are not permitted within many developed recreation sites. However, stock handling facilities are provided at some developed trailheads for temporary use.

(d) Pack and saddle stock must be ridden or led and not permitted to run loose on trails (except for short time periods when animal becomes crippled or where safety dictates otherwise). Avoid cutting switchbacks to prevent erosion.

(e) In order to decrease chances for site degradation, the use of saddle and pack stock shall be kept to a minimum necessary to accomplish the project. A maximum 11 head per trip addresses the initial camp and tool supply. Once tools and camp are transported into the job site, use of stock should be limited to 3-4 head during the length of the project. At the end of the project and for complete camp movements during the project, stock shall not exceed 10 head. Stock not in use shall be removed from the National Forest until such time as they are required.

(f) Return all camp areas to their natural condition. Replace topsoil and sod removed for a fire pit.

Carefully return logs, rocks, limbs, etc. displaced during camp set-up.

Weed Free Practices- Best management practices designed to prevent weed transport and establishment resulting from trail operations are outlined in FS Manual direction:

(a) Certified, weed-free horse feed is required on all National Forest lands. Utilize feed bags and hay netting to contain feed.

(b) Contractor(s) are encouraged to use weed free horse feed 48 hours prior to arriving on National Forest lands.

(c) Stock hauling vehicles and trailers should be cleaned prior to initial entry on National Forest lands. Cleaning shall remove both manure from inside and weed seed debris from outside equipment. Weed seed sources include accumulated soil, plant parts, seeds, vegetative matter and other debris that is contained on equipment undercarriage, grill, bumpers, wheel wells, and trailer tongue.

(d) In the near future, contractor equipment will receive a visual inspection at a place and time agreed to by CO and contractor, but must take place prior to reaching any trailheads.

(e) Stock transported in the above mentioned vehicles and trailers should be brushed and have saddle pads and feet cleaned prior to entry on National Forest lands.

C-7 – Performance Requirements

Trail Opening, to include removing downed trees, logs or parts of trees/logs (attached or not attached to their root systems) & leaning trees (live, dead or burned) that have entered the original trail clearing limits since the last maintenance period. Removal includes main bole, limbs, branches, bark, heavy concentrations of needles and other woody debris resulting from the tree falling or leaning into the trail clearing limits. “Go Around” routes developed by users to by pass down trees on the trail are not the original trail clearing limits.

• Performance/Quality Standard(s) Clear 10 foot height and 8 foot width by removing all parts of downed & leaning trees/logs.

• Acceptable Quality Level 100% of trees/logs removed from the original trail clearing limits and secured from rolling back into trailway.

Trail work accomplished within time frames shown and according to all rules and regulations pertaining to activities on National Forest Land.

• Means of Measurement Government will randomly review the manner in which the contractor is conducting the Quality

Control Program by observing actual performance.

The government will make a Final Inspection of work when notified by the contractor that all work is completed.

• Negative Incentives Re-perform the work at no additional cost to the Government or Government acceptance with price reduction.

Negative performance evaluation or work not completed within the given time frames may result in the government not awarding future work.

Contractor will be responsible for 100% of any additional inspection costs if more than two Final

Inspections are required.

• Positive Incentives Completion of contract within contract time and with no defects will result in a positive performance evaluation for future work with Government.

Drainage Maintenance, to include: cleaning waterbars, culverts and culvert catch basins, inlet, outlet and side ditches, turnpike ditching, drainage dips and OHV rolling dips.

Drainage structures to be free of debris, sediment and other obstructions, free flowing and cleaned to original design standards.

100% of drainage structures unobstructed and water flows freely to daylight. Excavated mineral soil debris placed and compacted on the downgrade side of waterbars & rolling dips or on the top of turnpike tread.

pertaining to activities on National Forest Land .

Control Program by observing actual performance.

The government will make a Final Inspection of work when notified that all work is completed.

price reduction.

Negative performance evaluation or work not completed within the given time frames may result in the government not awarding future work.

performance evaluation for future work with Government.

Tread Maintenance, to include removing loose rock, woody debris (limbs, branchs, bark, stumps or brush), and soil & debris slides that have entered the original trail tread since the last maintenance period. . “Go Around” routes developed by users to by pass down trees on the trail are not the original trail tread.

Maintain tread by removing loose rock, woody debris and clumps of soil.

100% of loose rock, 6” or larger in any diameter, or clumps of soil removed from single track tread.

100% of loose rock, 12” or larger in any diameter, or clumps of soil removed from OHV tread, to downhill side of trail.

85% of woody debris, 2” diameter and 18” length removed from single track tread.

85% of woody debris, 6” diameter by 18” length removed from OHV tread, to downhill side of trail.

100% of removed debris placed away from stream channels and drainage structures and not blocking free flow of water away from trail tread.

pertaining to activities on National Forest Land .

Control Program by observing actual performance.

The government will make a Final Inspection of work when notified by the contractor that all work is completed.

price reduction.

Negative performance evaluation or work not completed within the given time frames may result in the government not awarding future work.

performance evaluation for future work with Government.

C-8 – Contractor Quality Control

The Contractor is responsible for management and quality control actions to meet the terms of this contract

The Contractor shall establish and maintain a complete Quality Control Plan to ensure compliance with the Performance Quality Standards and/or Acceptable Quality Levels.

A description of the quality control plan shall include safety measures, location of documented inspections, and corrective or preventive actions taken for unsatisfactory performance.

The Government will review the Contractor Quality Control Plan to determine if it is adequate. If the plan is not adequate as submitted, the deficiencies will be identified to the contractor in writing. Deficiencies shall be corrected and the Plan resubmitted within ten working days or contract start date, whichever is sooner.

The Government will also periodically review the manner in which the contractor is conducting the quality control program by either reviewing the contractors records, observing actual performance or both.

C-9 – Government Quality Assurance Plan

The Government will perform periodic inspections during the performance period to ensure the accuracy of the fieldwork in accordance with the Contractor Quality Control Plan and standard protocol. A Final Inspection will be performed when notified by the contractor that work has been completed in part or in whole.

C-10 – Other Points of Interest

Blazing trees is prohibited per CFR 261.9a. Know the regulations applicable to all Forest Service lands. If a contractor is not able to follow/locate a trail, they should contact the COR for assistance PRIOR to proceeding.

Work outside the scope of the contract (blasting, soil & debris slides, completely plugged culverts, etc.)

should be brought to the attention of the COR or Inspector as soon as possible prior to inspection.

Contractors may encounter trail conditions caused by natural events that may be outside the scope of this contract. In the past this has included, but may not be limited to, massive snow avalanches; a windthrown tree event caused by high winds, rain on snow or heavy wet snow or some combination of these; or stream flooding which results in lost trail tread. These situations would be considered “catastrophic” and constitute a Changed Condition, outside the workload normally encountered. Changed Conditions requires consultation with the Contracting Officer inorder to decide whether that section of trail could be made operable with existing contractor resources during the life of this contract.

Packaging and Marking

Inspection and Acceptance

52.246-4 Inspection of Services - Fixed-Price. (AUG 1996) E-2 – Additional Inspection and Acceptance Requirements

(a) Inspection Procedure. The Government (Contracting Officer’s Representative./Inspector) may make an inspection of the work. The Contractor shall notify the Contracting Officer when each trail is complete and ready for inspection. If inspection is not performed within 10 days of Contractor's notification to the Contracting Officer, the trail will be considered accepted. The Contractor is encouraged to observe the inspection.

(b) Reinspection. If the original inspection results are unacceptable and a second inspection is requested after rework, the inspection procedures will be the same as the first inspection. Request for reinspection must be made in writing. The Contractor shall pay for inspections necessitated by rework.

Deliveries or Performance

52.211-8 Time of Delivery. (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

(Contracting Officer insert specific details)

ITEM NO.

QUANTITY

WITHIN DAYS AFTER DATE OF CONTRACT

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

WITHIN DAYS

AFTER DATE

ITEM NO. QUANTITY OF CONTRACT

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

52.242-15 Stop-Work Order. (AUG 1989)

52.242-17 Government Delay of Work. (APR 1984)

F- 2 – Performance Period

Start date for all bid items is the week of June 1, 2010 depending on date of award and trail conditions. The ending date for all items is September 30, of each year. Dates are firm and negotiations for changes will only be made through a timely written request to the Contracting Officer. Failing to meet these dates may result in default and termination.

Intermediate due dates are required for select trails inorder to provide key public access during the contract period each year: See Section J -July 1: Warm Springs Tr 103; McCart Lookout Tr 436; Glen Lake Tr 232.

-September 1: East Fork Tr 433; Buck Creek 198; South Fork Lolo Tr 311; Bald Top Tr 161;

Rock Creek 580; Continental Divide Tr 9; Skalkaho-Jerry Lk Tr 503; Andrews Cr Tr 178.

The Contractor shall maintain progress at a rate which shall assure completion of work within the calendar time specified.

The Government may issue a notice to proceed as soon as weather and ground conditions are favorable for work. The count of contract time will start on the date specified on the notice to proceed.

Contract Administration Data

G-1 – Measurement and Payment

(a) The quantity to be paid for will be measured in miles and tenths of miles and will be those trails that are included in the contract, completed and accepted. Payment maybe made on a portion of a trail if it constitutes a portion of a logical trail loop completed during a trail hitch.

(b) Downfall areas that have an extraordinary amount of downed timber, slough and debris shall constitute a differing site condition and will be administered in accordance with that regulation. This is addressed in section C-10.

(See C-7, Performance Requirements for possible deductions that may be made.)

Special Contract Requirements

452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: [ ]

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

After the initial 90-day period, the Contractor shall submit theinformation required by paragraph

(c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

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

(End of Clause)

H-1 – 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 the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the Contracor’s 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 the Contractor’s 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 - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

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

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

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

(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.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

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

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

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) 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.

(7) 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.

(8) 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.

(9) 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.

(10) 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 handpump attached, shall be immediately available for use in the event of a fire start.

(11) 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.

(12) Pump and Trailer. Not required

(13) 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/her discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

H-2 - Prework Conference

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

H-3 – Crew Size

The Contractor shall have a crew of sufficient size to ensure completion of the contract within contract time.

(See F-2 – Performance Period)

H-4 4G52.222-701 EMPLOYMENT OF ELIGIBLE WORKERS (DECEMBER 1999)

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

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

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

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

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

H-5 4G52.222-702 LABOR STANDARDS FOR CONTRACTS INVOLVING MIGRANT AND

SEASONAL AGRICULTURAL WORKERS (DECEMBER 1999)

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

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters.

"Farm Labor Contractor", as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Certificate of Registration from the Department of Labor or an authorized State agency. The contractor shall carry the Certificate at all times while engaged in contract performance, and shall display it upon request. Any of the contractor's employees who perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate.

(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, recordkeeping, vehicle safety, and housing:

(1) The contractor shall display and maintain at the place of employment the MSPA poster provided by the Department of Labor.

(2) Wage and Payroll Standards

(i) The contractor shall disclose in writing to each worker in a language common to the worker the full terms of their employment, including workers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional Form WH-516 for contractor's use in disclosure.

(ii) The contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (that is, per hour, per tree, per acre), number of units earned if paid on a per unit basis, hours worked, total pay, withholdings and purpose for each, and net pay. Payroll records shall be retained for 3 years.

(iii) Payments must be made no less frequently than every 2 weeks or semi-monthly. At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed in paragraph (ii) and shall include the employer's tax identification number.

(iv) If paid on a piece rate basis, the employee's wage must be at least equivalent to the required hourly wage for the hours worked, including overtime differential for time in excess of 40 hours per week.

(3) Motor Vehicle Safety

(i) The contractor must be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. The authorization to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is still applicable. Any driver who transports workers for a fee or at the direction of the contractor must be registered as a farm labor contractor or a farm labor contractor employee.

(ii) Any vehicle under the ownership or control of the contractor shall comply with safety standards applicable to that vehicle. Generally, passenger vehicles or station wagons must comply with Department of Labor regulations at 29 CFR 500.104. Vehicles other than passenger vehicles or station wagons which are driven more than 75 miles must comply with Department of Transportation Regulations at 29 CFR

500.105. All drivers must have a current, valid State drivers license.

(iii) Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker shall be covered by vehicle insurance of $100,000 per seat (maximum $5,000,000). A workers compensation policy which covers the workers while being transported plus an additional property damage policy for $50,000 for loss or damage in any one accident to the property of others may be substituted for the vehicle insurance requirement.

(4) Housing

(i) The contractor shall house workers only in a commercial establishment or a facility that has been certified by a health authority or other appropriate agency. The contractor must post the certificate of occupancy at the housing site.

(ii) The authorization to furnish housing, other than commercial lodging, must appear on the contractor's certificate.

(e) For further information on the requirements of the Act, contractors should contact their local Wage and Hour Division of the Department of Labor.

4G52.222-703 Migrant and Seasonal Agricultural Worker Protection Act Registration.

H-6 MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT

REGISTRATION (DECEMBER 1999)

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 U.S.C. 1801-1872) and implementing regulations issued by the Department of Labor (29 CFR 500), require any employer who hires or anticipates hiring employees subject to MSPA to obtain an MSPA registration number.

If the contractor employs or anticipates hiring employees subject to MSPA, the contractor shall provide a valid U.S. Department of Labor MSPA Registration Number to the Contracting Officer within ___ days (30 days unless a shorter time is specified) after notification of award of the contract.

The Government may demand that the contractor display MSPA registration at any time during contract performance if it appears that the contractor is employing workers subject to MSPA. On demand, the contractor shall display its MSPA registration or state why it is exempt from MSPA.

Compliance with MSPA is a material condition of the contract. If the contractor fails to provide a valid MSPA number in accordance with this clause, or falsely states that it is exempt from the MSPA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

Contract 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)

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009.

(MAR 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

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

52.204-7 Central Contractor Registration. (APR 2008)

52.204-11 American Recovery and Reinvestment Act--Reporting Requirements. (MAR 2009)

(a) Definitions. As used in this clause--

"Contract," as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C.

6301, et seq. For discussion of various types of contracts, see FAR Part 16.

"First-tier subcontract" means a…