AG-82BH-S-15-0008_Revised_cont_pgs_3-34.docx

AG-82BH-S-15-0008

Noxious Weed Spraying and Data Reporting IDIQ Pike National Forest PAGE 31 of 34

SECTION B SCHEDULE OF ITEMS

BASE YEAR (Award Date through 31 December 2015)

Record location information

OPTION YEAR ONE (01 January 2016 through 31 December 2016)

OPTION YEAR TWO (01 January 2017 through 31 December 2017)

OPTION YEAR THREE (01 January 2018 through 31 December 2018)

Company Name: _________________________ POC: __________________________________

Phone Number: __________________________ E-Mail: _________________________________

DUNS #_______________________ Fed Tax Id #__________________________

SECTION C - DESCRIPTION OF WORK

SECTION 1 – GENERAL INFORMATION

1.1 Introduction/Description of Services/Scope:

Provide all personnel, equipment, certifications, livestock (as needed), supplies, water, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform noxious weed treatments as defined in this Performance Work Statement, except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract. Specific treatment areas on the Pike National Forest will be identified in each task order. The successful offeror(s) will perform the work following a pre-work meeting with the Contracting Officer, the District Noxious Weed Program Manager and the Contracting Officer’s Representative (COR), clarifying the terms and conditions of the contract.

1.2 Scope: The scope includes the treatment of noxious weeds in areas of the Pike National Forest, and reporting of those treatments, in compliance with terms, specifications, conditions and provisions contained herein. Weeds shall be sprayed primarily by spot spraying. Noxious weed occurrences are often very small (<1/1000 ac) and widely scattered. Task orders may range from 100 acres up to 350 acres. Multiple task orders may be given in a year.

The scope includes two separate treatment types and reporting of all treatments:

1. Vehicle or ATV/UTV-accessible treatment of noxious weed occurrences

2. Horse, pack animal, and/or backpack-accessible treatment of noxious weed occurrences

1.3 Period of Performance:

In 2015, the Contract Period of Performance will from award date through 31 December 2015 and any exercised options years will be 12 months. Services covered in this solicitation and resultant contract are to be performed during the field seasons. Work shall occur when the target plants are actively growing and weather conditions allow them to be susceptible to herbicide effects. In 2015, work may begin on or about June 1, 2015 and the Contractor shall complete all field work by October 31, 2015 and all reports no later than November 10, 2015. Pre-work and close out meetings will be required. Work dates will be similar in future years, subject to field conditions.

1.4 Quality Control:

The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which they assure themselves that their work complies with the requirement of the contract. The quality control program is to be delivered at the time of proposal. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to their QC system.

1.5 Quality Assurance:

The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6 Place of Performance:

Noxious weed treatments will occur in areas of the Pike National Forest, including but not limited to sites within the Hayman and Waldo fire areas, Lost Creek Wilderness Area, and timber management areas. General treatment areas are identified on the attached map. Specific treatment sites may vary from year to year. For efficient completion of this project, the contractor may set up a base camp along nearby Forest Roads. Most backcountry roads are accessible by four wheel drive vehicles. ATV/UTVs may be used to access some roads, trails and off-road areas while other areas such as mountain streams will require significant and in some cases challenging walking. The Lost Creek Wilderness Area can be accessed by foot or horseback. Mechanized or motorized equipment such as generators, pumps or ATV/UTVs shall not be used in the Wilderness. Both pack animal and ATV/UTV mounted spray equipment is anticipated for the execution of this project. Past contractors have treated an average of 4 acres per day, per applicator.

The terrain within the project area will vary, but mixed conifer (ponderosa pine, Douglas-fir) is the dominant vegetation. Moderate to steep slopes can be anticipated. Substantial dead and down material can be anticipated in the fire areas and fuel treatment units (post-treatment). The fire areas can be hazardous; risks include falling trees and flood. Water may be obtained from nearby communities. Do not plan on taking water from project area water sources. Some sites in the project area can be effectively treated by boom spraying, others will require handgun application with long hose pulls, and still others will require backpack and/or stock animals. Some weed occurrences are adjacent to streams. The dominant soil type is highly erosive decomposed Pike’s Peak granite. Project boundaries can be determined from provided maps and/or distinct markings on the ground such as fences, roads, or signs.

1.7 Special Qualifications: Only Colorado State Qualified Supervisors, Certified Applicators, or Trained Technicians will be allowed to apply herbicides. The Contractor shall provide a copy of all license and certifications to the Contracting Officer. The Contractor shall be experienced in noxious weed management and herbicide use. The contractor and all employees performing field work under this contract shall be able to identify target weed species in all stages of development and to distinguish between weed species and non-target species. Herbicide application to non-target species when no noxious weeds are present shall constitute noncompliance.

1.8 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.9 Contractor Representative: The contractor shall provide a contract representative for the performance of the work, if not themselves. The name of this person and an alternate who shall act for the contractor when the contractor is absent shall be designated in writing to the contracting officer. The contractor representative or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contractor representative and alternate must be able to read, write, speak, and understand English.

1.10 Record Keeping, Reporting and Payment: The Government has unlimited rights to all documents/material produced under this contract. The contractor shall maintain separate daily application records for each site containing all applicable information as required by the State of Colorado, and shall provide a copy of the daily application record for the COR’s review in the time frames required by the contract specifications (see Section 5). A separate daily application record must be completed for each List A species. Only Forest Service daily application record forms will be accepted unless otherwise agreed upon with the Contractor at the pre-work meeting. Daily application record forms shall be completed in full. This information, along with corresponding treatment location information, and field inspections, will be the basis of payment.

The contractor shall collect daily location information for each site, including locations of areas searched and areas sprayed. Additionally, separate location information must be completed for each List A weed species site. GPS polygons are the preferred format (.shp, .gpx, or equivalent file types). Provide these records at 14-day intervals with corresponding Daily Application Records.

Payment will be determined based on actual acres sprayed (total gallons of herbicide mixture used), not area covered.

SECTION 2 – DEFINITIONS

2.0 STANDARD DEFINITIONS

Acceptable Quality Level (AQL) The maximum allowable deviation from perfect performance that may occur before the Government will invoke payment deduction. An AQL does not allow a contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

Defective Service. A unit of service which contains one or more defects, or nonconformance with specified requirements.

Performance Requirements Summary (PRS) Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the contractor.

Quality Assurance Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS).

Contracting Officer’s Representative (COR) A Government person appointed by the contracting officer to help the contracting officer with contract administration and surveillance.

Government Inspector A Government person responsible for surveillance of contractor performance.

Quality Assurance Surveillance Plan (QASP) An organized written document used for quality assurance surveillance. The document contains specific methods the Government will use to perform surveillance of the contractor.

Quality Control Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

Random Sampling A sampling method in which each service output in a unit has an equal chance of being selected.

2.1 TECHNICAL DEFINITIONS- NOXIOUS WEED SPECIES

SPECIES KNOWN TO OCCUR

SPECIES LIKELY TO OCCUR

SPECIES NOT EXPECTED, BUT MAY OCCUR

All other species included on the Colorado State Noxious Weed A, B and C lists.

* Colorado List A noxious weed species

SECTION 3 - GOVERNMENT FURNISHED PROPERTY, MATERIALS, SERVICES

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

1) Electronic files of any or all of the following, as requested by the contractor:

a) maps covering the treatment area showing known occurrences of noxious weeds. Maps of areas and species to be treated will be provided at the pre-work meeting and may be adjusted during the spraying season to reflect new weed locations.

b) Shape files of the weed treatment polygons

c) GPS coordinates of known weed locations

d) Format for Daily Application Records

2) Forest Service access codes, key, or gate information, as necessary.

SECTION 4 - CONTRACTOR FURNISHED ITEMS/SERVICES

The contractor shall furnish everything, excluding items in Section 3, required to perform this contract.

SECTION 5 - PERFORMANCE WORK STATEMENT TASKS AND CRITICAL SUBTASKS

The following tasks are to be performed to the quality performance requirements shown on the Performance Requirements Summary table in Section 7.

The contractor shall use herbicides according to product labels to spray herbicide on noxious weeds on the Pike National Forest as follows:

Spray herbicide on noxious weeds at the optimal stage of development for herbicidal action to take place using ATV/UTV or other vehicle methods. Not all noxious weed locations are known. Some species will require both early summer and fall applications. Priority species and sites will be reviewed during the pre-work meeting.

Spray herbicide on noxious weeds at the optimal stage of development for herbicidal action to take place using backpack and/or pack animals to reach difficult sites beyond of reach of long hose pulls from vehicles. Not all noxious weed locations are known. Some species will require both early summer and fall applications. Priority species and sites will be reviewed during the pre-work meeting. This includes the Lost Creek Wilderness area where only non-mechanized equipment shall be used.

Submittals. The contractor shall provide the following submittals:

Complete Daily Application Record for each day, for each site, documenting herbicide, carrier, and adjuvants used and acres treated for each noxious weed species. (See Attachments for required form). A separate Daily Application Record must be completed for each List A weed species site. Provide these records at 14-day intervals with corresponding location files recording areas treated.

Daily location information for each site, including locations of areas searched and areas sprayed. Additionally, separate location information must be completed for each List A weed species site. GPS polygons are the preferred format (.shp, .gpx, or equivalent file types). Provide these records at 14-day intervals with corresponding Daily Application Records.

SECTION 6 - GOVERNMENT PUBLICATIONS/INDUSTRY STANDARDS/STATE STANDARDS/GOVERNMENT STANDARDS/TECHNICAL EXHIBITS

6.1 Technical specifications:

6.1.1 It is the responsibility of the contractor to obtain the proper certification and or licensing by the State of Colorado. Only contractors certified by the State of Colorado will be considered. The contractor shall comply with all federal, state, and local rules, regulations and laws pertaining to the work required by this contract (See Clause FAR 52.220-3, Federal, State and Local Taxes). It is the responsibility of the contractor to comply with all requirements of the Pesticide Applicator’s Act (Sec. 35-10-101 et seq. C.R.S.).

6.1.2 Contractor shall ensure all equipment and livestock moved onto National Forest System land are free of soil, seeds, vegetative matter, or other debris that could contain or hold noxious weed seed. The Forest Service will request inspection of equipment prior to it being placed into service.

6.2 Spraying Specifications

6.2.1 No specific quantity of work is guaranteed. Fewer acres may be treated depending on past treatment results, drought conditions and plant susceptibility.

6.2.2 Herbicide, surfactant, and dye shall be applied in accordance with manufacturers and EPA label instructions and specifications. A minimum of 15 gallons/acre delivery rate or greater is recommended for all treatments. Any volume less than 15 gallons/acre delivery rate must be approved by the COR. Marker dye is required for all treatments.

6.2.3 Contractor must certify that spray equipment can be, and is accurately calibrated and the products applied at required label rates.

6.2.4 Target weed species shall be sprayed at optimal stage of development for herbicidal action to take place. Timing will be consistent with factors such as target species growth stage, product formulation and weather.

6.2.5 Weeds shall be sprayed primarily by spot spraying. Most patches of weeds are less than 1/1000 acre. Small spots have a higher priority for treatment than large polygons.

6.2.6 Spraying must be done in a site-specific manner to minimize impacts to non-target vegetation and address any environmental concerns. No applications will be applied directly to water.

6.3 Liability/Safety Specifications:

6.3.1 Preparing tank mixes, cleaning spray equipment or disposing of herbicide containers shall not occur at any Forest Service facility.

6.3.2 The contractor is responsible for the proper use and storage of all chemicals during the performance of this contract.

6.3.3 Forest Service is not responsible for safety of the Contractor nor any assistants, nor liable for damage to crops, water aquifers, human or animal contamination. (See Clause AGAR 452-228-71 Insurance Coverage).

6.3.4 Posting is required at all developed sites such as campgrounds, parking areas, and trailheads. Contractor shall remove the signs at developed sites as dictated by the chemical labels.

6.3.5 The fire areas can be hazardous. The Contractor shall ensure that all personnel wear appropriate personal protective equipment during all activity in the fire areas.

SECTION 7 - PERFORMANCE REQUIREMENTS SUMMARY

STANDARD

Treatment

5.1.1 Spray herbicide on noxious weeds using vehicle, ATV/OHV methods

5.1.2 Spray herbicide on noxious weeds using stock pack equipment, and/or backpack equipment methods

Reporting

5.2.1 At every 14-day interval, provide complete Daily Application Records for each day, for each site, using the required form. A separate Daily Application Record will be completed for each List A species site.

5.2.2 At every 14-day interval, provide location information for each day, for each site, to document areas searched and/or sprayed. Separate location information will be completed for each List A species site.

All noxious weeds shall be chemically sprayed at the plant stage most conducive to herbicidal action.

All noxious weeds shall be chemically sprayed at the plant stage most conducive to herbicidal action

All Daily Application Record forms will be completely and accurately filled out, recording herbicide, adjuvant, and dye use and acres treated for each species. Provide at 14-day intervals.

All location information will be technically sound and reflect actual area searched and/or treated. Information will be provided at 14-day intervals.

90% acceptable level of performance (90% of the occurrences shall be sprayed).

90% acceptable level of performance (90% of the occurrences shall be sprayed).

100% acceptable level of performance (100% of the completed forms shall be provided at 14-day intervals)

100% acceptable level of performance (100% of the spatial data shall be provided at 14-day intervals)

Perform periodic on-site inspections

Perform periodic on-site inspections

Review submitted data for technical accuracy, completeness and compliance with time requirements.

Review submitted data for technical completeness and compliance with time requirements.

Rework at contractor’s expense.

Payment will be deducted 2% for each percentage point of AQL less than 90%. No payment will be made for less than 70% AQL; Poor performance rating will be given

Payment will be deducted 2% for each percentage point of AQL less than 90%. No payment will be made for less than 70% AQL; Poor performance rating will be given

Payment will be deducted 1% for each day that Daily Application Record forms that meet the performance standards are not provided at 14-day intervals.

Payment will be deducted 1% for each day that spatial data that meet the performance standards are not provided at 14-day intervals.

Appendixes to PWS

Appendix A GPS Datum All GPS information will be in NAD83, Zone 13N, UTM projection

Appendix B Commonly Used Herbicides

Appendix C Livestock Use and Camping Requirements

1. The contractor shall ensure all vehicles, tack, blankets, and stock are free of dirt, vegetative material and weed seeds prior to entering the Forest.

2. The contractor shall not allow horses to run at large. Unless grazing, horses shall be tied to a high line or kept in a temporary pasture when being fed and watered or when not being used. Any tying to trees will be for a very short time and only in a manner that does not damage trees. Animals being picketed must be routinely moved to avoid excessive grazing use (not less than 4” stubble height).

3. Camping in or grazing of wet meadows is not allowed.

4. Livestock owned or controlled by the contractor, that die on NFS lands, shall be removed or otherwise disposed of in a manner acceptable to the COR.

5. Certified weed free hay, mulch or straw is required.

6. Camp areas and livestock will be secured a minimum of 100 feet from all lakes, streams, and trails.

7. All camp areas will be kept clean and orderly, and all bear attractants will be properly stored.

SECTION D--PACKAGING AND MARKING

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

SECTION E - INSPECTION AND ACCEPTANCE

52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

E.1. TREATMENT PLAN AND CONTRACTOR QUALITY CONTROL

E.1.1. Quality Control Plan. The Contractor shall provide a general Quality Control Plan (QCP) to the Contracting Officer (CO), with the proposal. The Contractor shall supplement the QCP, if required, for each individual Task Order within ten (10) days after contract and Task Order award based on items awarded to the Contractor and Government comments.

E.1.2.The general Quality Control plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. It shall state specifly how quality will be monitored to ensure the performance standards are met; the supervision of crew and work; and the personnel that will be performing the quality control. Quality control includes the monitoring of quality while work is in progress and an unbiased sample of thinning and other work to determine actual quality percentage. The Contractor shall provide and maintain a complete Quality Control Plan to ensure the requirements of the contract are provided as specified. The plan should identify who will be conducting the inspection, the method of inspection, the frequency of inspections, and how deficiencies in work would be corrected.

E.1.3. All Contractor inspection records shall be provided to the Government based on the schedule proposed by the Contractor and agreed to by the Contracting Officer for quality assurance assessment consistent with the Government Quality Assurance Surveillance Plan. All records shall be complete, signed, and dated by the person who conducted the inspection.

E.2 INSPECTION AND ACCEPTANCE

E.2.1 Compliance Inspection. The CO will, by formal review, determine if the specified progress and methods of work are being carried out. Failure to comply with specified work standards may be cause for termination of the Contractor’s right to proceed.

E.2.2 Inspection of Work. The Forest Service shall inspect the treatment areas to determine compliance with contract specifications and to provide a basis for payment.

Completed work, consisting of any required paper forms and electronic data, shall be turned in for inspection in areas and/or miles. Inspection shall only be made on completed work. When electronic data is provided, the inspection shall be based on a printout of the electronic data.

On the basis of the approved work schedule, the Government shall make the compliance inspection of each completed area within 14 calendar days, without cost to the Contractor. No charge will be made for the first rework inspection. Thereafter, any contract re-inspection required shall be at the Contractor's expense. Re-inspection charges may include, but are not limited to: inspector's wages for travel time to and from work site; inspector's wages to re-inspect; per diem cost (meals, lodging, field costs); COR wages; and vehicle use rate and mileage.

SECTION F - DELIVERIES OR PERFORMANCE

452.211-74 Period of Performance (FEB 1988) The base year period of performance of this contract is from award date to 31 December 2015. Total contract time will not exceed base, plus three (3) option years. Each option year period of performance will be the proceeding following year of the base contract end date.

F.1. DELIVERIES

A. Contract Performance Time and Required Rate of Progress: The Contractor shall maintain progress at a rate that will assure completion within the performance period. The minimum acceptable rate of progress will be calculated by dividing the total units of work for each item by performance time specified.

B. Contract Time: The Contractor shall start work promptly after receipt of a Notice to Proceed. The Contractor shall maintain progress at a rate that will assure completion within the stated contract time. The contract time specified in each Task Order will generally not exceed a required rate of progress exceeding that determined from the accepted work plan. Task Orders period of performance may extend past the expiration of this contract with all the terms and conditions of this contract remaining in full force until the Task Order expires.

The Government will issue A Notice to Proceed as soon as weather and ground conditions are favorable for work on one or more of the areas. Contract time will start (1) on the date specified on the Notice to Proceed, if the notice is hand-delivered; Or (2) Contract Time will start on the third-day after the post office has issued a Notice of Certified Mail to the Contractor; Or (3) Contract Time will start when work commences, whichever is sooner. Failure of the Contractor to pick-up Certified Mail will not be considered excusable.

C. Unfavorable Conditions: It is estimated that adverse weather conditions may in some cases prevent data collection by obscuring visibility or preventing access to the treatment locations. When such conditions make work impracticable and with written request by the contractor, the Contracting Officer may suspend work with no charge against contract time. When conditions are again favorable, the Contracting Officer will issue a verbal resume work order and confirm that order in writing. The count of contract time will resume on the day indicated by the Contracting Officer. If the Contractor cannot be reached at the phone number provided or the Contractor fails to contact the Contracting Officer a written Resume Work Order will be mailed and count of contract time will resume on the date specified in the order.

D. Herbicide Application and Survey Measurement and Payment

The Contracting Officer’s Representative or inspector(s) shall inspect the herbicide application work following treatment. Inspections will determine the adequacy of treatment. . Herbicide application shall be evident by marker dyes. A determination of successful execution of this contract shall be based on either a visual inspection of the treatment area, or where feasible, randomly located transects within treatment areas that are representative of the treatment area.

If inspections determine that work to date has not met or exceeded the AQL’s, the COR shall meet with the Contractor on site to discuss the deficiencies. The Contractor shall be given two weeks to correct the deficiencies by treating sites that were missed and/or re-spraying areas where the treatment was inadequate. If the follow-up inspection by the COR determines that acceptable treatment levels have been met, the Contractor shall receive full payment. If acceptable levels have not been met, the Contracting Officer shall reduce payments as required in Section 7 (Performance Requirements Summary). The contractor must deliver to the COR fully completed Daily Application Records and site location information at 14-day intervals before full payment shall be made. Partial payments may be requested monthly.

SECTION G - CONTRACT ADMINISTRATION DATA

452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within _ten (10)_ days after the date of contract award. The conference will be held at ___to be determined_.

G.1 INVOICES & PAYMENTS

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm

Make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.

G.2 FOREST SERVICE REPRESENTATIVES:

Toinette Aranda shall serve as the Contracting Officer on the base contract. She will have full warrant authority over all contract issues. She can be reached at 719-553-1431 or tparanda@fs.fed.us.

Administrative Contracting Officers (ACO’s) will be appointed at the time of award of each Task Order.

A Contracting Officer Representative shall be appointed at time of award of each issued Task Order. His/her delegated authority and responsibilities will be defined on a delegation letter issued after contract award. This delegation will also contain his contact information.

G.3 CONTRACT ADMINISTRATION DATA

1. Contract Award. A written award or acceptance of offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

2. Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to Proceed.

3. Changes. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

4. Unauthorized Instructions from Government or Other Personnel. The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

5. Designation of Contracting Officer’s Representative (COR). Designation will be made upon contract issuance of task order(s) and a copy of the designation letters will be furnished to the Contractor. Limits of authority are described in each designation letter.

6. Designation of Authorized Representative of the Contractor. The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

452.236-77 Emergency Response (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

ADDENDUM to AGAR 452.236-77(c) An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-1.

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: CONTRACTOR REPRESENTATIVE, for the work, if not themselves.

(b) During the performance of this contract, 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.

(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.

H.1 SPECIAL CONTRACT REQUIREMENTS

H.1.1. GOVERNMENT – CONTRACTOR RELATIONSHIPS:

a. The Government and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services and the parties recognize and agree that no employer/employee relationship exists or will exist under the contract between the Government and the Contractor and/or between the Government and the Contractor’s employees. It is therefore in the best interest of the Government to afford both parties a full and complete understanding of their respective obligations.

b. Contractor personnel under this contract shall not: (1) Be placed in a position where they are employed by a Federal Officer, or under the supervision, direction, or evaluation of a Federal Officer. (2) Be placed in supervision or administration or control over civilian personnel, or personnel of other contractors, or become a part of the Government organization. (3) Be used in administration or supervision of civilian procurement activities.

c. Employee Relationship: (1) The services to be performed under this contract do not require the Contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor’s employees will act and exercise personal judgment and discretion on behalf of the Contractor.

H.1.2. AUTHORITY: The Contractor shall not in any way represent that he is a part of the United States Government or that he has the authority to contract or procure supplies on the credit of the United States of America.

H.1.3. REPRESENTATIONS: The Government assumes no responsibility for an understanding or representations made by any of its officers or agents during or prior to execution of any contract resulting from this solicitation, unless (1) such understanding or representations are expressly stated in the contract and (2) the contract expressly provides that the responsibility therefore is assumed by the Government. Representations made but not so expressly stated and for which liability is not expressly assumed by the Government in the contract shall be deemed only for the information of the Contractor.

H.1.4. CONTRACTOR PERSONNEL:

a. The Contractor shall be responsible for selecting personnel who are well qualified to perform the required services, for supervising techniques used in their work and for keeping them informed of all changes and method of operations.

b. The Contracting Officer may direct the Contractor to remove, and the Contractor shall remove any employee from an assignment to perform services under this contract for reasons of security, performance, and/or misconduct.

c. Where the reason for the removal request is due solely to misconduct or security on the part of the employee, replacement will be at the Contractor’s expense and not chargeable to the Government.

d. The Government shall not exercise any supervision or control over Contractor employees performing services under this contract. Such Contractor employees shall be accountable not to the Government, but solely to the Contractor, who, in turn, shall be accountable to the Government.

H.1.5. RESERVED:

H.2. PREWORK CONFERENCE

After issuance of any Task Order award and prior to commencement of work, the Contractor shall attend a meeting to discuss the Task Order terms, work performance requirements, and safety. Also at this meeting such items as work progress schedule, quality control, camping/worksite plan, and fire prevention plans shall be finalized in writing.

H.3. PERSONAL PROTECTIVE EQUIPMENT

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

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body which meet the minimum requirements of OSHA 1910. Defective or damaged personal protective equipment shall not be used.

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

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

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

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

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

4G52.222-705 CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS (FEBRUARY 2007)

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

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

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

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

The campsite must have a clean appearance at all times. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10-calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the contractor fails to remove all structures or improvements within the 10-calendar days, they shall become the property of the United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site. Unless otherwise designated by the contracting officer, the use of this area is not exclusive, and may be granted to other permittees, contractors, or recreating public. Disorderly conduct is not permitted.

Damaging or removing any natural feature or other property of the Forest Service is prohibited. Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area.

Sanitary facilities must be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, must be provided and sufficient for the storage of perishable food items. An adequate and convenient potable water supply must be provided in each camp for drinking and cooking purposes. Toilet facilities adequate for the capacity of the camp must be provided and supplied with adequate toilet paper. Such facilities must be serviced and maintained in a sanitary condition. Garbage must be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodents.

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

1. Gauze pads (at least 4x4 inches),

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

3. Box adhesive bandages (band-aids),

4. One package of gauze roller bandage at least 2-inches wide,

5. Two triangular bandages,

6. Scissors,

7. At least one blanket,

8. Tweezers,

9. Adhesive tape,

10. Latex gloves, and

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

Any washing of laundry must be done in such a way as to provide for washing and rinsing without polluting lakes, streams, or other flowing water. Waste water must be disposed of away from living and eating areas and in a fashion that minimizes pollution to lakes, streams, and other flowing water.

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

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

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

All generators and other internal combustion engines must be equipped with Forest Service approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in described in the previous paragraph. All fuel must be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition.

Any violation of these conditions constitutes a breach of contract, and may result in revocation of camping approval. The Forest Service reserves the right to terminate a camping permit at any time.

SECTION I - Contract Clauses

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)