AG-82CS-S-15-Lake.pdf

2015 Lake Canyon Mastication Page 3 of 40

Solicitation No. AG-82CS-S-15-0009

Section B - Schedule of Items

Section C - Statement of Work

Section D - Packaging and Marking

Section E - Inspection and Acceptance

Section F - Deliveries or Performance

Section G - Contract Administration Data

Section H - Special Contract Requirements

Section I - Contract Clauses

Section J - List of Documents, Exhibits and Other Attachments

Section K - Representations, Certifications, and Other Statements of Bidders

Section L - Instructions,Conditions, and Notices to Bidders

Section M - Evaluation Factors for Award

2015 Lake Canyon Mastication Page 4 of 40

Section B - Schedule of Items

Description Estimated Unit Unit Price Total

Item Number Quantity

BASE BID:

1 Unit 1 43 ACRES $__________ $____________

2 Unit 2 57 ACRES $__________ $____________

3 Unit 3 49 ACRES $__________ $____________

4 Unit 4 47 ACRES $__________ $____________

5 Unit 5 4 ACRES $__________ $____________

Total Base Bid Amount: $____________

Please complete the following with your proposal:

Contact Phone Number: ______________________________________

Contractor DUNS No. _____________________________________

Check One:

___ Attached FAR 52.212-3 (Section K)

___ Completed ORCA Online

Offerors may submit email proposals as responses to this solicitation. Email proposals are subject to the same rules as paper proposals. The email is: gingerdomingos@fs.fed.us mailto:gingerdomingos@fs.fed.us

2015 Lake Canyon Mastication Page 5 of 40

Section C - Statement of Work

C.1 GENERAL

C.1.1 Introduction - The purpose of the Lake Canyon Mowing and Shredding Contract is to improve forest health and vigor, mitigate mistle-toe and bark beetle problems, alter the fire behavior of a wildfire and improve big game winter range browse on approximately 200 acres of USFS (Public) land east of the town of Dolores, CO. The Mancos-Dolores Ranger District is responsible for the project.

The proposed treatments under this contract include mechanical thinning, mowing and shredding of

Gambel oak along control line for RX burn.

C.1.2 Scope - Contractors are to provide all labor, supplies and equipment to mechanically mow and shred designated vegetation. Vegetation to masticate is primarily smaller pine (5”-12”Dbh) in Units 3 and 4 with some mowing of Gamble oak along boundaries(Unit 5). In addition the USFS has marked approximately 3601 or 18.4 trees per ac designated with blue paint that are mistle-toe or beetle infested in the 5-16” Dbh range in Units 1-4 (see standard c for exact number per unit in this range).

Mastication machines must be capable of mulching pine trees up to 16 “Dbh and capable of dispersal of chips uniformly.

C.1.3 Location of Project Area

C.1.3.1 Location: The Project Area is located on the Mancos-Dolores Ranger District, San Juan

National Forest. A Vicinity Map showing the general location of the Project Area is attached to this Contract. The Lake Canyon Mowing Project Area is located in Dolores County, approximately 10 miles east of the town of Dove Creek, CO The legal location is T40 North, R17

West sec. 11.

C.1.3.2 Treatment Units The locations and boundaries of the treatment units are shown on the

Project Area Map, the unit #and acres are listed in the table below.

Unit number

Acres

1 43

2 57

3 49

4 47

5 4

Total 200

C.1.4 Boundaries: The boundaries of all units are marked with Orange surveyor’s flagging and were traversed with a Garmin GPS unit

C.1.5 Access to Project Area – To access to the Project Area from Dolores is West on HWY 145 for 2 mi, turn right on Hwy 184 toward Mc Phee Reservoir, proceed to Jct of Hwy 491 (old 666), then turn north on

Hwy 491 to county rd 16, turn right and proceed 4 mi to right turn for Bradfield Bridge. Proceed down this road to bridge and river, cross river and proceed up hill to jct of 504 rd, turn left up 504 rd up the hill about 4 mi and turn left on rd 506, go approximately 3 ½ mi to jct of 216 rd, turn left on 216 for approximately 1 mile , turn left on 216-C rd for about ½ mile and you will be at Cornwallis Reservoir and the project site is located just west of the reservoir and meadows. An old two track will access unit to the north and circles around this treatment block on the western side.

2015 Lake Canyon Mastication Page 6 of 40

C.2.0 Definitions

DRC- Diameter at Root Collar- diameter of the tree or shrub measured outside the bark just above the root collar swell.

DBH – Diameter at Breast Height (4.5 feet above the ground)

Damaged Tree – Any “reserve” or “leave” tree that has been damaged by the Contractor.

To be considered a damaged tree one of the following criteria must apply:

a. bark is removed from a 6" x 6" area or greater from the bole of the tree

b. the top is broken or more than 30% of the crown has been removed

c. more than 10% of a cross-section of the bole is removed

d. the tree has been impacted by equipment causing it to splinter, lean, or fall over

Obstacle – For the purposes of this contract an obstacle is defined as any object, which can impede, or damage the shredding/mulching or tree cutting equipment. This could include rocks, logs, old stumps, road banks or culverts.

Treatment Unit – Area where contract work will be completed that is delineated on the Project

Area Map.

C.3.0 Project Layout and Cultural Surveys by Contractor

The Project Area has been surveyed for all cultural sites and will be flagged for avoidance in red and black striped flagging prior to start of contracts, however should any heritage or cultural sites be discovered during operations, the Contractor should immediately stop treatment in that area and contact the COR who will notify the District Archaeologist. There are no known sites to avoid in the project area.

C.4.0 GOVERNMENT-FURNISHED PROPERTY AND SERVICES

There is no Government-Furnished property for this project.

C.5.0 SPECIFIC TASKS

Mechanical Fuels Treatment (Grinding) - Percent cover of material to be treated is estimated to be between 31 and 60 percent total cover. Slope is under 30%.

C.5.1.1 Standards

1) The following vegetation is designated to be treated by cover type and treatment unit. In treatment unit.

In treatment unit 5 (4 ac) see map.

Cut and mulch all Gamble oak, and Mtn Shrub and Dead pine that is adjacent to control lines and roads. Cut and mulch the vegetation described above in areas described below:

a) To facilitate holding lines for prescribed burns mow all the Gamble oak and mtn shrub, snags, inside unit, within 10 ft of the two track road that starts at the north end of Unit 4 and travels southwest, south and east along Unit 3 and 2, to the southeastern corner of Unit 5, here it leaves the road and back up to the north and ends in a meadow just south of Cornwallis Resv. In addition , a 10 ft wide mow will

2015 Lake Canyon Mastication Page 7 of 40 be required along the West side of unit 1 from the eastern meadow above Cornwallis

Resv south to the two track at the southern boundary.(see project map for detail).

b) Cut Gamble oak/Mtn shrub during growing season (June 1-Sept 30) when they are leafed out.

In Treatment Units 3 (49 ac) and 4 (47 ac)

Cut and mulch select small/medium diameter live ponderosa pine.(designation by description).

a) In Units3 and 4 targeted pine for mowing will include 5”-12” DBH ponderosa pine trees that are excess to stocking needs. These will include suppressed, and intermediate pine trees of poor form (crook, fork, sweep) and poor crown ratio

(<30%) . Pine trees with a straight bole, no crook, sweep or fork and a crown ratio of

30% or > should be selected for leave.

b) Leave one Abert Squirrel clump per 3 ac. This nest tree clump is defined as a group of 6-12 live/healthy ponderosa pine trees (9-12” Dbh, with interlocking canopies on approximately 1/10 ac with a minimum of 1-2 16” dbh trees.

Stand exam data was collected for this unit in 2014 and with a limited sample may not be an exact representation of every acre. The contractor is encouraged to walk these units and submit a bid on that site visit.

This stand exam data from Unit 3 and 4 indicates in the 5”-12”Dbh class approximately

16 trees/ac that are cull or unsuitable crop trees and excess to stocking needs described in

b) above.

In Treatment Units 1(43ac), 2(57ac), 3 (49 ac) and 4 (47 ac)

a) Cut and mulch pine trees marked in Units 1,2,3 and 4 with blue paint between

5” and 16 “ Dbh (designation by marking with blue paint) see table below for specific # and diameter class)These trees have been designated by USFS crews because they have a high mistletoe rating (>3 Hawksworth) and or have active beetle infestation with recent pitch tubes.

b) Dead trees (other than those recent dead from beetles that are marked blue described above in c) will NOT be cut and mulched.

Table 1-Blue marked mistle-toe and bark beetle trees

43ac

#Mistle-toe trees

#Bark

Beetle trees

Unit

57ac

#Mistle-toe trees

#Bark

Beetle trees

DBH DBH

5-8 small

43 181 5-8 small

149 82

9-12 medium

55 295 9-12 medium

154 215

13-16 large

57 412 13-16 large

146 305

Total 155 888 Total 449 602

2015 Lake Canyon Mastication Page 8 of 40

49ac

Unit

47ac

DBH DBH

5-8 small

36 146 5-8 small

50 56

9-12 medium

40 315 9-12 medium

58 131

13-16 large

25 437 13-16 large

64 149

Total 101 898 Total 172 336

Summary on mastication work:

Contractor is encouraged to look at these Units and # of trees in the 5-16”size class and determine work associated with mastication of larger trees. Per ac average over the entire project site of designated blue marked trees is 3601 trees in 5-16”Dbh class, divided by 196 ac = 18/ac

Contractor is also encouraged to look at Units 3 and 4 and # of trees designated by description to be cut. Stand exam estimates combined for those units indicate an average of 16 trees per ac in the

5-12”Dbh class to masticate with average tree in the 6-8 “Dbh class.

Contractor is also encouraged to look at the work involved with mastication on Unit 5 which requires a 10 ft. wide mowing of gamble oak and mtn shrub on the inside of control lines and 2 track road.

2) All mowed vegetation shall be shredded such that 60 percent of the mulch material is less than 4 inches in diameter and 12 inches long. 80 percent of the mulch and slash resulting from the mowing and shredding must be distributed on the ground surface at a depth less than 6 inches. A small portion of the slash resulting from the mowing and shredding (not more than 20%) may be higher than 6 inches but no more than 18 inches above the ground.

3) Stumps and stubble heights must be less than 8 inches above the ground surface or any obstacle.

4) The Contractor must avoid damaging protected trees including: (1) snags over 15 inches DBH and 15

ft. tall, (2) live standing trees designated as “leave” trees.

5) The Contractor shall minimize soil disturbance and exposure of mineral soil to less than 10% of the treatment area.

C.6. RESOURCE PROTECTION STANDARDS

C.6.1 Water Quality- The following measures shall be observed to protect stream courses:

1. The Contractor’s operations shall be conducted to prevent debris from entering stream courses.

In the event the Contractor causes debris to enter stream courses in amounts which may adversely affect the natural flow of the stream, water quality or fishery resource, the Contractor shall remove such debris as soon as practicable, but not to exceed 48 hours, and in an agreed manner that will cause the least disturbance to stream courses.

2. Equipment shall not be operated in stream courses or riparian areas except at crossings designated by the Public Lands Representative. Contractor should cross perpendicular to direction of flow.

2015 Lake Canyon Mastication Page 9 of 40

3. Mowing/shredding equipment must not be operated in riparian areas, which is defined as permanent or intermittent wet spots or drainages with willows, cottonwood trees or other riparian vegetation. These areas are protected by description and may or may not be delineated on the ground.

C.6.2 Wet Period Restrictions

Forest Service “all-weather” roads with a gravel or paved surface (FSR 504) can be operated on during most weather conditions except extremely wet periods. All other roads are native surface (FSR 506, 216, 216C). Travel on native surface roads and off-road with equipment is restricted when the soil is saturated. Soils are too wet when the moisture content exceeds the plastic limit. If soils within 6 inches of the surface can be rolled into threads 3 millimeters in diameter without breaking or crumbling the soils are too wet for operations. If the soils are saturated such that ruts 4 inches or deeper and 10 feet long are created by heavy vehicles, the Contractor shall cease operations in that area. If conditions persists, the COR may suspend the Contract until the soils dry out or freeze. If the

Contract is suspended due to wet conditions, the Government is not responsible for additional mobilization costs.

C.6.3 Other Resource Protection

All of the activities associated with this project shall be conducted in such a manner that there shall not be any adverse impact to the following resources listed.

1) Surface Conditions - Wheeled motorized equipment shall not be operated when conditions are muddy or the soil moisture is high enough for the vehicles to leave ruts over 4.0 inches in height.

When/If such conditions are encountered, the Contractor shall stop work and immediately notify the COR/PI.

2) Operating season- Gamble oak will be mowed when leaves are on or June 1-Sept 20. Pine may be mowed in May 1 if ground conditions permit -Sept 20, as fresh chips may attract bark beetles when they typically fly in mid -October.

3) Litter- Contractor shall clean-up all generated litter and dispose of it at an approved sanitary landfill or other location and in a manner approved by the CO/COR.

4) Protection of Improvements and Survey Monuments- The Contractor(s) shall avoid any damage to improvements such as, but not limited to, fences, gates, utility poles, survey markers or monuments, claim stakes, survey witness trees and cultural sites. The Contractor will be required to repair or pay fair market value to replace any damaged improvements.

5) Damaged Trees – The Contracting Officer’s Representative may require the Contractor to sever from the stump and shred trees damaged by the Contractor or Subcontractors. The COR or designated inspector will identify and mark all damaged trees. If the damage is excessive (outside of the Acceptable Quality Level) the Contractor will be charged a rate of $20/tree. To be considered a damaged tree one of the following criteria must apply:

a. bark is removed from a 6" x 6" area or greater from the bole of the tree

b. the top is broken or more than 30% of the crown has been removed

c. more than 10% of the cross-section of the bole is removed

d. tree has been impacted by equipment causing it to splinter, lean, or fall over.

6) Hazardous Materials and Spills- Use of hazardous materials and/or petroleum products requires that all appropriate State and Federal Regulations be complied with including, but not limited to, Material Safety Data Sheets (MSDS) on hand and use of necessary Personal Protective Clothing

(PPE). On-site contamination of the worksite with hazardous materials or waste including

2015 Lake Canyon Mastication Page 10 of 40 hydrocarbons is not authorized. On-site contamination will subject the contractor to at least the cost of reclamation and the appropriate disposal of contaminated material, soil or water.

C.6.4 Safety

When the Contractor’s operations are in progress adjacent to or on Forest Service controlled roads and trails open to public travel, the Contractor shall furnish, install and maintain all temporary traffic controls that provide the user with adequate warning of hazardous or potentially hazardous conditions associated with the Contractor’s operations. A traffic control plan shall be agreed to by the Contractor and the Forest Service prior to commencing operations. Devices shall be appropriate to current conditions and shall be covered or removed when not needed. Flagmen and devices shall be as specified in the “Manual on Uniform Traffic Control Devices for Streets and Highways” (MUTCD).

Warning signs must be posted at least 300 feet away from the machinery on roads and trails adjacent to the Treatment Units while the shredding/mowing machinery is in operation.

C.6.5 Road Maintenance

Commensurate with use, the Contractor is responsible for maintaining all roads within the project area.

Maintenance shall be performed in a timely manner to prevent rutting and seasonal weather damage, and safeguarding soil and water quality, and provide for safe use. Specifications for road maintenance activities are listed below.

a. Visibility

The Contractor shall remove vegetation or other obstructions to driver visibility as such obstructions caused by Contractor’s activities during the permit period.

b. Drainage Maintenance

The Contractor shall keep ditches, culverts, water bars and other drainage facilities clear and functioning.

C. 6.6 Noxious Weeds

Cleaning of Equipment- The Contractor shall insure all equipment moved onto Public Land is free of soil, seeds and vegetative matter or other debris that could contain or hold seeds. The Contractor shall employ whatever cleaning methods are necessary to insure compliance, and shall notify the COR prior to moving each piece of equipment onto Public land. Notification will include identifying the location of the equipment’s most recent operations. Arrangements will be made for the Public Land

Representative to inspect each piece of equipment prior to it being moved onto Public land.

“Equipment” includes all machinery except for log trucks, chip vans, pickup trucks, cars, or other vehicles primarily for transport of personnel.

C.6.7 Protection of Cultural Resources

Rubber Tires– To reduce risk of damage to cultural sites, Contractor must large rubber tires on shredding/mulching equipment. Cultural resources have been surveyed with the project area and none are present. If the contractor discovers any artifacts (any objects or sites of cultural, paleontological, or scientific value such as historic or prehistoric resources, graves or grave markers, human remains, ruins, cabins, rock art, fossils, or artifacts); the contractor will inform the PI or COR. The objects shall not be damaged, destroyed, removed, moved, or disturbed. Any person who knowingly violates this may be subject to fines and/or imprisonment (Public Law 16-95; 16 U.S.C. 470).

2015 Lake Canyon Mastication Page 11 of 40

452.211-72 Statement of Work/Specifications. (FEB 1988)

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

(End of Clause)

452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

2015 Lake Canyon Mastication Page 12 of 40

Section D - Packaging and Marking

- This section is blank -

2015 Lake Canyon Mastication Page 13 of 40

Section E - Inspection and Acceptance

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

452.246-70 Inspection and Acceptance. (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: the worksite.

(End of clause)

E.1 MEASUREMENT AND PAYMENT

E.1.1 Measurement

The size, shape, and location of the Treatment Units were measured in the field with Trimble GeoXT

GPS collectors with a minimum PDOP of 6.0. The GPS data was post-processed with GPS Pathfinder and acres calculated with ArcMap GIS software. Positions of features shown on the maps are approximate. Contractor will be paid for the amount of acres mowed. If the contractor cannot mow/mulch an area designated by the COR, the contract will be modified to adjust for this.

E.1.2 Payment

Payment will be made for the completed items at the contract unit prices, based on inspections. No payment will be made for any unit and/or item where inspections determine work does not meet contract specifications, until rework has been accepted by the Contracting Officer.

Payments will be made and processed as follows:

1. When brush mowing/shredding, seasonal erosion control measures, and repairs to damaged improvements are completed and accepted by the Contracting Officer on an entire treatment unit; payment will be made at the bid rate for the acreage completed.

2. No more than one payment will be processed in any one month. No payments will be processed for less than $5,000.00 (unless it is a final payment).

E.2.1 Acceptable Quality Level

Performance

Work

Statement

Quality Standard Performance Standard

(Acceptable Quality Level)

Monitoring

Methods

Effect Of Not

Meeting

Performance

Standard

Mowing of

Gambel oak and mountain shrubs.

Task accomplished in Section C.5.1.1

Item 1b.

Mowing of Gamble oak ,snags and mountain shrubs within 10 ft of control lines, roads . Unit 5

90% of above described vegetation is mowed.

Visual inspection and/or circular sample plots.

If below minimum rework area at no additional cost to the Government. If above maximum, modify methods.

2015 Lake Canyon Mastication Page 14 of 40

Performance

Work

Statement

Quality Standard Performance Standard

(Acceptable Quality Level)

Monitoring

Methods

Effect Of Not

Meeting

Performance

Standard

Mowing of ponderosa pine.

Task accomplished in Section C.5.1.1

Item 1c.

Mow poor formed, suppressed diseased,low crown (,<30%) and bark beetle infested pine from 5” to 12”DBH Units 3+4 .

Mow all pine marked in blue paint between 5”-16”Dbh, Units

1-4 Mow 90% of all live pine designated by description, and those marked in blue.

Visual inspection and/or circular sample plots.

If below minimum rework area at no additional cost to the Government. If above maximum, modify methods.

Size of shredded material

Task accomplished in Section C.5.1.1

Item 3.

75 percent of the mulch material is smaller than 4 inches in diameter and less than 12 inches long. All slash is less than 12 inches above the ground surface and 80% of mulch and slash is less than 6 inches above the ground surface.

Visual inspection and measurement of shredded material.

Rework area at no additional cost to the Government.

Stubble height. Task accomplished in Section C.5.1.1

Item 4.

90% of stumps and stubble heights less than 8 inches above the ground 6 inches above any obstacle.

Visual inspection and measurement of stubble height.

Mow stumps and stubble at no additional cost to the Government.

Protected trees. Task accomplished in Section C.5.1.1

Item 5.

No mowing of snags 15" DBH and larger except Unit 5. Less than 5 percent of “leave” trees with damage.

Visual inspection and count of damaged trees if necessary.

Modify procedures to avoid protected trees. Reduction in

Contract payments if damage excessive $20 per live tree.

Soil disturbance Task accomplished in Section C.5.1.1

Item 6.

No more than 10% of the area has exposed mineral soil.

Visual inspection and measurement of exposed mineral soil area

Modify procedures to limit soil disturbance and exposure of mineral soil

2015 Lake Canyon Mastication Page 15 of 40

Section F - Deliveries or Performance

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

452.211-74 Period of Performance. (FEB 1988)

The period of performance of this contract is 120 days from receipt of Notice to Proceed. The complete date is based on the assumption that the successful offer will receive the notice to proceed by May 18 , 2015.

F.1 WORK PROGRESS SCHEDULE

The Contractor shall be required to present at the pre-work conference (or within 10 days thereafter) a written plan of work providing for the orderly and timely completion of the contract requirements. This plan is subject to the approval of the Contracting Officer. The schedule may be modified in writing during the course of the contract when conditions warrant it.

If the work progress falls behind schedule, the Contractor shall take such action as necessary to ensure that the timely completion of the contract is not jeopardized. In addition, the Contracting Officer may require the Contractor to submit a revised plan of work showing how he intends to complete the project on time and in compliance with all contract requirements.

2015 Lake Canyon Mastication Page 16 of 40

Section G - Contract Administration Data

452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within * days after the date of contract award. The conference will be held at:

USDA Forest Service

Attn: Ginger R. Domingos, Contracting Officer

15 Burnett Court

Durango, CO 81301

Phone (970) 385-1245

Email: gingerdomingos@fs.fed.us

Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Onsite Lead

(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 the information 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.

G.1 - Invoices shall be Submitted in accordance with the terms of the contract to:

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 the 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.

Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

G.2 – Forest Service Representative:

Ginger R. Domingos will serve as the Contracting Officer on this resultant contract. She has full warrant authority over all contract issues. She can be reached at (970) 385-1245 or gingerdomingos@fs.fed.us.

A Contracting Officers Representative will be appointed for this contract upon award. His/her delegation authority and responsibilities will be defined in writing by a delegation letter. This delegation will contain his/her contact information.

mailto:gingerdomingos@fs.fed

2015 Lake Canyon Mastication Page 17 of 40

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.

2015 Lake Canyon Mastication Page 18 of 40

Section I - Contract Clauses

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

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

www.aquisition.gov/far www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual)

52.228-5 Insurance – Work on a Government Installation (JAN 1997)

52.232-11 Extras (APR 1984)

52.232-18 Availability of Funds (APR 1984)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.242-15 Stop Work Order (AUG 1989)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988)

452.237-75 Restrictions against Disclosure (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

FOREST SERVICE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

4G52.222-705 Camping Provisions for Labor Intensive Contracts (FEB 2007)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -

Commercial Items. (MAR 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

https://acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_233_240.html#wp1113344 https://acquisition.gov/far/current/html/52_200_206.html#wp1141649 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_207_211.html#wp1140926

2015 Lake Canyon Mastication Page 19 of 40

(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

(27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

(28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

(40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

(E.O. 13513).

(44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013)

(31 U.S.C. 3332).

(52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

(10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order

13658).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to https://acquisition.gov/far/current/html/52_217_221.html#wp1136004 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_217_221.html#wp1139913 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_222.html#wp1147479 https://acquisition.gov/far/current/html/52_222.html#wp1147630 https://acquisition.gov/far/current/html/52_222.html#wp1147656 https://acquisition.gov/far/current/html/52_222.html#wp1147711 https://acquisition.gov/far/current/html/52_222.html#wp1162802 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_223_226.html#wp1188603 https://acquisition.gov/far/current/html/52_223_226.html#wp1169608 https://acquisition.gov/far/current/html/52_232.html#wp1153351 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_232.html#wp1153445 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_222.html#wp1160021 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_222.html#wp1153423 http://uscode.house.gov/ http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_222.html#wp1163027 https://acquisition.gov/far/current/html/52_215.html#wp1144470 https://acquisition.gov/far/current/html/Subpart%204_7.html#wp1082800

2015 Lake Canyon Mastication Page 20 of 40 create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.

(ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(x)

(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O

13627).

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014)

(41 U.S.C. chapter 67).

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order

13658).

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

452.215-73 POST AWARD CONFERENCE (NOV 1996)

The Contractor shall meet with the Government to discuss contract terms and work performance requirements, Work Progress Schedule, and Fire Prevention and Suppression plans (reference clause AGAR 452.215-73. Post Award Conference.

The Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the prework conference.

https://acquisition.gov/far/current/html/52_200_206.html#wp1141983 https://acquisition.gov/far/current/html/52_217_221.html#wp1136032 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_217_221.html#wp1136032 https://acquisition.gov/far/current/html/52_222.html#wp1147587 https://acquisition.gov/far/current/html/52_222.html#wp1147587 https://acquisition.gov/far/current/html/52_222.html#wp1147711 https://acquisition.gov/far/current/html/52_222.html#wp1158632 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_222.html#wp1162802 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_222.html#wp1148123 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_222.html#wp1160019 https://acquisition.gov/far/current/html/52_222.html#wp1160019 https://acquisition.gov/far/current/html/52_222.html#wp1160021 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_222.html#wp1155380 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_222.html#wp1162590 https://acquisition.gov/far/current/html/52_222.html#wp1163027

2015 Lake Canyon Mastication Page 21 of 40

452.236-72 Use of Premises. (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the

Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the

Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

452.236-73 Archaeological or Historic Sites. (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

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

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

4G52.222-704 PERSONAL PROTECTIVE EQUIPMENT (FEB 2007)

The Contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

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 which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment shall not be used.

The Contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters Laboratory or meet

Forest Service specification 6170-47. The chaps shall cover the full length of the thigh and shall extend to the top of the boot on each leg.

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.

lov

2015 Lake Canyon Mastication Page 22 of 40

In any area where the worker is exposed to the potential for flying or falling objects, the

Contractor shall provide a hard hat, at no cost to the employee, and the Contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of

American National Standards Institute (ANSI) standard Z89.1-1997.

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.

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 for example, chain saw operation.

452.228-71 Insurance Coverage. (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

Policies covering automobiles operated in the United States shall provide coverage of at least

$200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT

STATUS FOR CORPORATE APPLICANTS (FEB 2012) ALTERNATE I (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

2015 Lake Canyon Mastication Page 23 of 40

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections

433 or 434.

2015 Lake Canyon Mastication Page 24 of 40

Section J - List of Documents, Exhibits and Other Attachments

Attachment

Number

Attachment Title Number of Pages

1 Map (Topo, Vicinity & Unit)

2 Wage

Determination

3 Fire Plan 6

2015 Lake Canyon Mastication Page 25 of 40

Section K - Representations, Certifications, and Other Statements of Bidders

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.212-3 Offeror Representations and Certifications-Commercial Items. (MAR 2015)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

(a) Definitions. As used in this provision—

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United

States and who are economically disadvantaged in accordance with 13 CFR part 127.