AG-82D7-S-17-0011_SOW.pdf

SOL: AG-82D7-S-17-0011

Nebraska National Forest & Grasslands

Road Maintenance

SECTION B – SCHEDULE OF ITEMS

NEBRASKA NATIONAL FORESTS and GRASSLANDS

PINE RIDGE RANGER DISTRICT

OGLALA NATIONAL GRASSLANDS

B.1 SCHEDULE OF ITEMS

Item

Description

Type Msrmt

Unit

Quantity

Unit Price

Total

BASE YEAR YEAR

860(01) 2017 Level 3 Road

Maintenance AQ Mile 121.2 $ $

OPTION #1 YEAR

860(01) 2018 Level 3 Road

OPTION #2 YEAR

860(01) 2019 Level 3 Road

TOTAL $

This contract shall be for road maintenance work performed beginning in 2017 (base year) with 2 option years (2018 to 2019).

During the BASE YEAR (Fiscal Year 2017), maintenance shall be performed on the designated roads three (3) times. This maintenance shall occur late spring (May-June), mid-summer (July-August), and early fall (August-September), provided that weather and ground conditions permit and as determined by the Government.

During the two (2) OPTION YEARS (Fiscal Years 2018-2019), the designated roads shall receive maintenance three (3) times per year, generally in late fall (October-November), mid-spring (April–May), and late summer (August-September), when weather and ground conditions permit and as determined by the Government.

The successful bidder shall be the contractor with the value that best benefits the Government over the 3 year period.

Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

Name: ____________________________

TIN: ____________________________

DUNS: ____________________________

Phone: ____________________________

E-mail: ____________________________

REQUIREMENTS: OFFERORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM).

OFFERORS MUST RESPOND TO ALL CRITERIA INCLUDED IN SECTION L. OFFERORS WHO FAIL TO MEET THESE

REQUIREMENTS WILL BE DEEMED NON-RESPONSIVE AND NOT BE CONSIDERED FOR AWARD.

SECTION C—STATEMENT OF WORK

DESCRIPTION/SPECIFICATIONS

C.1 DESCRIPTION OF WORK

The scope of the contract is to do Level 3 Road Maintenance on designated roads within the Pine Ridge Ranger District of the Nebraska National Forests & Grasslands (see EXHIBIT A, Pine Ridge District Road Maintenance Inventory for total Blading Miles and individual Road Names). Location and vicinity maps are shown on Sheets 1 and 2 of 4. Typical Road Sections and Rolling Dip Details are shown on Sheets 3 and 4 of 4.

Special Notes:

Level 3 Road Maintenance is described in Section 860 of the Standard Road Maintenance Specifications (see EXHIBIT B). Changes to this specification are described in the Supplemental Specification for Section 860. Work performed shall be termed “blading” and include the following: using a mechanical blade against the road surface to construct a crown in the middle of the road (if possible) or to slope the roadway to drain water off the road; reconstructing existing ditches as needed to allow positive water flow; reconstructing existing lead-off ditches and rolling dips to allow them to remove the water from the roadway; and repairing slumps or soft spots as needed.

During the BASE YEAR (Fiscal Year 2017), maintenance shall be performed on the designated roads three (3) times. This maintenance shall occur late spring (May-June), mid-summer (July-August), and early fall (August-September), provided that weather and ground conditions permit and as determined by the Government.

During the two (2) OPTION YEARS (Fiscal Years 2018-2019), the designated roads shall receive maintenance three (3) times per year, generally in late fall (October-November), mid-spring (April–May), and late summer (August-September), when weather and ground conditions permit and as determined by the Government.

The designated roads are shown in boldfaced type on EXHIBIT A.

The Forest Service shall schedule the timing of the work with the contractor prior to each maintenance application.

Unless otherwise provided, the contractor shall furnish all labor, materials, equipment, tools, transportation, supplies, and incidentals and perform all work required to perform the services in accordance with terms, conditions, specifications, and provisions of this contract.

C.1.2 WORK STATEMENT

This contract is for providing the Government with road maintenance work on Forest System Roads on the Pine Ridge Ranger District of the Nebraska National Forests and Grasslands. Work areas are located within the Pine Ridge Unit of the Nebraska National Forest and on the Oglala National Grassland (see Sheets 1, 2, 3, and 4 of 4). Detailed maps are shown as Exhibits C and D.

The road conditions vary from low-speed single lane to moderate-speed double lane. Some segments have numerous curves and rolling dips. The road templates vary from native soil with wheel rutting to aggregate surfacing.

The quantities listed in the Schedule of Items are estimated actual quantities. The work required will be dependent on the weather, funding, or other influences. The work completed shall be measured as an ACTUAL QUANTITY and final inspection of completed work.

Measurement for this work shall be to the nearest 0.1 mile of accepted work.

Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

Vehicle traffic shall not be obstructed for periods in excess of thirty (30) minutes. The contractor shall be responsible for installing the proper road warning signs along the particular road that work is being performed on.

The following specifications are found in the Forest Service Standard Road Maintenance Specifications (Sections 800 to 860). The Standard Road Maintenance Specification Section 860 – Level 3 Road Maintenance is part of this contract. Division 100

Specifications for General Requirements is found in the U.S. Department of Transportation, Federal Highway Administration’s “Standard Specifications for Construction of Roads & Bridges on Federal Highway Projects: FP-14”.

C.1.3 LIST OF SPECIFICATIONS

DIVISION 100 – GENERAL REQUIREMENTS

Section 109 – Measurement and Payment

DIVISION 800 – GENERAL SPECIFICATIONS

Section 860 – Level 3 Road Maintenance

DIVISION 100 - GENERAL REQUIREMENTS SECTION 109 - MEASUREMENT AND PAYMENT

109.10 Methods of Measurement

Delete: Entire section

Add: The method of measurement shall be (c) Actual Quantities (AQ) of per mile work completed and inspected.

DIVISION 800 – STANDARD ROAD MAINTENANCE SPECIFICATIONS SECTION 860 – LEVEL 3 ROAD MAINTENANCE

WORK REQUIREMENTS

860.02 Drainage

Delete: Entire Section

Add: Existing ditches shall be cleaned to conform to the existing line, grade, and cross section. Cleaning is not required on ditches that are providing adequate drainage and are free of debris larger than three (3) inches in diameter and one (1) foot in length.

Existing rolling dip maintenance consists of shaping the dips to a depth and width necessary to provide positive drainage (as shown on Sheet 4 of 4). Lead-off ditches associated with drainage dips shall be cleaned for a distance of ten (10) feet from the road edge. Material removed shall be blended into the surrounding terrain.

Lead-off ditches not associated with rolling dips shall be cleaned/reconstructed for a maximum distance of twenty five (25) feet, if possible. If less than twenty five (25) feet, the lead-off ditch must drain the water away from the road prism and not be allowed to return to the road prism.

860.04 Removal of Vegetation

Delete: Entire Section

C.2 LOCATION OF PROJECT

The location of the project is on the Pine Ridge Ranger District of the Nebraska National Forest and Grasslands in Chadron, Nebraska.

Specifically, the project is within the Pine Ridge Unit of the Nebraska National Forest and on the Oglala National Grassland.

C.3 PERFORMANCE OF THE WORK

All work shall be conducted in a safe and expedient manner and in conformance with the specifications referenced in the award.

Safety should be a priority and OSHA compliance shall be applied. When applicable, traffic control shall be in accordance with standards set forth in the most current edition of the Manual on Uniform Traffic Control Devices (MUTCD). All work shall be conducted by personnel fully qualified to perform the tasks assigned, and shall be supervised by a designated Contractor’s Representative.

C.4 EVALUATION OF PROPOSALS

Bidders will be evaluated based on qualifications, past performance, and quality and type of equipment furnished. Price proposals will be considered when determining the overall best value to the Government.

C.5 PUBLIC SAFETY

C.7.1 Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient warning lights, danger signals, and warning signs. All necessary precautions shall be taken to ensure protection of the work and safety of the public.

All signs and devices remain the property and responsibility of the Contractor. All signs shall conform to MUTCD standards.

C.7.2 Warning signs shall be positioned in such locations as to be readily visible and the work area defined to the traveling public. Signs shall be located no more than one mile in advance of any activity. Signs shall be posted only when machinery is working.

C.7.3 Berms of materials or other obstructions caused by maintenance operations shall be removed prior to the end of each day’s operation and are not to remain overnight, weekends, or holidays. If, due to weather conditions or equipment breakdowns, berms or obstructions cannot be removed, they shall be properly signed as a hazard and visibly illuminated at night and the Government shall be notified immediately.

C.7.4 Vehicular traffic shall not be obstructed for periods in excess of twenty (20) minutes.

C.7.5 The Contractor will be responsible for preparing and submitting a safety plan to the Forest Service. No work will be allowed to start on this project until an acceptable plan has been approved by the Forest Service.

C.6 PROTECTION OF PROPERTY

Public and private property along and adjacent to the project shall not be damaged. Any damaged or destroyed property shall be promptly repaired or replaced at the contractor’s expense.

C.7 PROTECTION OF UTILITIES

When operating adjacent to utilities, the contractor shall make all necessary arrangements to prevent damage and assume all responsibilities should damage occur.

C.8 CONTROL OF SEDIMENTATION AND POLLUTION

C.10.1 Contractor’s operation shall be conducted so as to prevent siltation of streams, irrigation systems, lakes, or reservoirs.

C.10.2 Pollutants such as fuels, lubricants, bitumen, sewage, and any other harmful material shall not be discharged on Federal lands.

C.10.3 Mechanized equipment shall not be operated in live streams without written approval of the Forest Service.

C.9 CONTRACT TIME

The contract time will be 150 days from the effective date of the Notice to Proceed from each Task Order.

C.10 TECHNICAL SPECIFICATIONS

The maintenance work to be accomplished shall be performed on the miles of road listed on the Road Maintenance Schedule (Exhibit A).

C.11 DEFINITIONS

Base Course – The layer or layers of specified or selected material of designed thickness placed on a subbase or subgrade to support a surface course.

Berm – Curb or dike constructed to control roadway runoff water.

Barrow – Select material taken from designated sites to build up the roadway or other structures.

Bridge – A structure, including supports, erected over a depression or an obstruction, such as water, road, trail, or railway, and having a deck for carrying traffic or other moving loads.

Catch basin – A flat bottom ditch constructed at the culvert entrance to improve the entrance conditions and to provide space for debris collection and removal.

Channel – A waterway leading into or away from a culvert or bridge.

Crown – The slope of the roadbed each side of the centerline to provide for drainage.

Culvert – A conduit or passageway under a road, trail, or other obstruction. A culvert differs from a bridge in that it is usually constructed entirely below the elevation of the traveled way.

Cushion material – Native or imported material generally placed over rocky sections of unsurfaced roads to provide a usable and maintainable traveled way.

Ditch – A relatively long narrow excavation placed to collect or disperse water.

• Drainage ditch – A ditch constructed between the traveled way and the adjacent terrain for the purpose of transporting water that leaves the road surface or cut slope.

• Leadoff ditch – A ditch used to remove water from drainage ditches.

• Outlet ditch – A ditch used to provide drainage from culverts, cattle guards, drainage dips, or other structures.

• Intercept ditch – Any ditch which normally parallels the road centerline and diverts water from natural flow patterns to protect road slopes, roadbed, or down slope areas. Intercept ditches may be located within the roadway or roadside, but as used in this definition excludes drainage ditches.

• Ditch cleaning – The removal and disposal of all slough material from roadside ditches to provide a free-draining waterway.

Drainage dip – A drainage structure constructed within the roadbed surface to form uniform depressions, which allows routine passage of vehicles while diverting water from the traveled way.

Drawings – Depictions detailing maintenance contemplated including all road-listing diagrams, maps, and performance schedules included in the contract.

Drop inlet – A vertical conduit used as an entrance to a culvert.

Equipment – All machinery, operating supplies, and tools necessary for the proper performance and acceptable completion of the work.

Excess Material – Material from the roadway excess to that needed for maintenance of roadway.

Grade – The trace of an imaginary vertical plane, intersecting the tip surface of the road at centerline or ditch line.

Invert – The bottom of the inside of a conduit or culvert.

Materials – Any substances specified for use in the performance of the work.

Measurement – Method of determining and expressing the quantities of work.

Outslope-inslope – The slope of the roadbed from the cut slope to provide for drainage. Applies to roads without roadside ditches or crown.

Pavement structure – Sub base, base, or surface course, or combination thereof, placed on a sub grade to support the traffic load and distribute it to the roadbed.

Right-of-way – A general term denoting land, property, or interest acquired for or devoted to a road.

Roadbed – The portion of a road between the intersection of the sub grade and side slopes, excluding that portion of the ditch below the sub grade.

Roadway – The portion of the road within the limits of excavation and embankment.

Shoulder – The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of pavement structure.

Slide – A concentrated deposit of materials from above or on the back slope extending onto the traveled way or shoulders that has been deposited by mass land movements.

Slough – Materials eroded or raveled from the back slope which partially or completely block the ditch, but do not encroach on the traveled way so as to block vehicular passage.

Slump – A localized portion of the roadbed, which has slipped downward or otherwise, become lower than that of the adjacent roadbed and constitutes a hazard to traffic.

Sub grade – Top surface of roadbed upon which sub base, base, or surface source is constructed. For roads without base course or surface source, that portion of roadbed prepared as the finished wearing surface.

Surface course – The top layer of a pavement structure, sometimes called the wearing course, usually designed to resist skidding, traffic abrasion, and the disintegrating effects of climate.

Traveled way – The portion of the roadway for the movement of vehicles, exclusive of shoulders on asphalt paved roads. For purpose of this contract, traveled way includes turnouts and curve widening.

Turnouts – A short auxiliary lane provided for passage of meeting vehicles.

Unsuitable material – Material that is not suitable to be incorporated into the work.

Water bar – A drainage structure constructed across the roadbed surface to divert water from the road surface. Vehicular passage is not a consideration.

C.12 SURFACE BLADING

Surface blading is the maintaining of the roadbed of a native surface or aggregate surfaced road to facilitate traffic and provide proper drainage. It includes maintaining the crown, in slope or out slope of the traveled way, shoulders, drainage dips, drainage ditches, lead-off ditches, berms, turnouts, approach road intersections, and cleaning of bridge decks.

C.13 WORK REQUIREMENTS

See Exhibit B Attached

C.14 MEASUREMENT

860.07 - Level 3 Road Maintenance will be measured to the nearest one- tenth (0.1) mile as measured by a vehicle odometer along the road centerline.

C.15 PAYMENT

860-08 - The accepted quantities will be paid for at the contract unit price for each pay item shown in the SCHEDULE OF ITEMS.

Payment will be made under:

Pay Item Pay Unit

860 (01) Level 3 Road Maintenance Mile

SECTION D - PACKAGING AND MARKING

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

SECTION E - INSPECTION AND ACCEPTANCE

52.242-15 Stop-Work Order. (AUG 1989) 52.246-12 Inspection of Construction. (APR 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: On Site.

SECTION F - DELIVERIES OR PERFORMANCE

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 150 days after notice to proceed. The time stated for completion shall include final cleanup of the premises.

52.242-14 Suspension of Work. (APR 1984)

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

452.211-75 Effective Period of the Contract. (FEB 1988) The effective period of this contract is from 150 days from Notice to Proceed on each task order.

SECTION G - CONTRACT ADMINISTRATION DATA

452.215-73 Postaward Conference. (NOV 1996) A post award conference with the successful offeror is required. Contractor Officer Representative (COR) will contact you on time and place of post award conference

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 www.ipp.gov/index.htm

Please make sure that your company has registered at www.ipp.gov/vendors/enrollment-vendors.htmto establish your account.

Offeror must have an established account prior to commencement of work.

G.2 FOREST SERVICE REPRESENTATIVES:

Lonnie D. Root will serve as the Contracting Officer on the base contract. He will have full warrant authority over all contract issues.

He can be reached at lroot@fs.fed.us

A Contracting Officer Representative (COR) will be appointed at time of award. 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

http://www.ipp.gov/index.htm http://www.ipp.gov/vendors/enrollment-vendors.htm mailto:lroot@fs.fed.us mailto:lroot@fs.fed.us

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 issuance of contract and a copy of the designation letter(s) 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 firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Contractor Representative, Project Manager, Project Forman/Woman, and Inspector.

(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.

452.222-704 Personal Protective Equipment 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.

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 chainsaw operation.

H. 1 FIRE CONTROL

H.1.1 Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

H.1.2 Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

H.1.3 Any employees and equipment furnished will be relieved from firefighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

H.1.4 An equitable adjustment in contract time may be made for this period.

H.1.5 Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

H.1.5.1 Fire Tools. The Contractor will provide for each employee in the contract area at least one approved hand tool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under H.2.5.2 and H.2.5.4 below shall count toward fulfillment of the above requirement. Where additional tools, beyond those required below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only". All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

H.1.5.2 Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

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

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

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

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

H.1.5.3 Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multi-position engines, such as chainsaws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

H.1.5.4 Power saws. For each powersaw used in connection with this contract, the following will be provided:

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

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

H.1.5.4.1 Any fueling or refueling of a powersaw or auger shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw or auger shall be moved at least 10 feet from place of fueling before starting.

H.1.5.5 Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

H.1.5.6 Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

H.1.5.7 Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

H.1.5.8 Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

H.1.5.9 Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch. All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

H.1.5.10 Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

H.1.5.11 Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

H.1.5.11.1 When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

a. All high fire risk operations could be terminated at 1300 local time.

b. All burning could be stopped, including debris burning fires.

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

H.1.5.12 Pump and Trailer. Not required.

H.1.5.13 Burning. Before starting any open burning, the Contractor shall comply with the following:

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

b. Obtain a burning permit from the District Ranger.

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

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

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

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

H.2 Pre work Conference Prior to commencement of work, the Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. This meeting is to discuss such items as work progress schedule, quality control, worksite plan, and fire prevention.

H.3 AGAR Advisory Number 96 Contractor Performance Information and Contractor Performance Assessment Reporting

System (CPARS) Contractor Performance Information and Contractor Performance Assessment Reporting System (CPARS) will be used by the Forest Service for evaluating contractor performance. CPARS is the single USDA-wide system used to collect, maintain, and disseminate contractor performance evaluations to the Past Performance Information Retrieval System (PPIRS). Past performance reporting is required by FAR 42.1502 and 42.1503. The contractor will be notified by email to review evaluation information submitted by the Agency. The contractor will have 30 days to submit comments, rebutting statements, or additional information to the Assessing Official before any evaluation is considered final.

SECTION I--CONTRACT CLAUSES

I-1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (MAY 2014)

52.203 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

(APR 2014)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) 52.204-13 System for Award Management Maintenance (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment (OCT 2015) http://farsite.hill.af.mil/

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (OCT 2010) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns (NOV 2016) 52.219-14 Limitations on Subcontracting (NOV 2011) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY 2014) 52.222-6 Construction Wage Rate Requirements (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Requirements and Related Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual Method). (MAY 2014) 52.222-26 Equal Opportunity (SEP 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (OCT 2015) 52.222-37 Employment Reports on Veterans (FEB 2016) 52.222-40 Notification of Employee Rights under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 52.228-11 Pledges of Assets (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.228-15 Performance and Payment Bonds – Construction (OCT 2010) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes (MAY 2014) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-6 Subcontracts for Commercial Items ( NOV 2016) 52.245-1 Government Property (APR 2012) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2015) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)--Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.228-70 Alternative Forms of Security. (NOV 1996) 452.228-71 Insurance Coverage. (NOV 1996) 452.216-72 Evaluation Quantities - Indefinite Delivery Contract. (FEB 1988) 452.216-73 Minimum and Maximum Contract Amounts. (FEB 1988) 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

I.2 52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the entire awared base period and for each succeeding year if and as option to extend the term of the contract are exercised by the Government in accordance to FAR 52.217-9.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail.

Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

I.3 52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $250,000;

(2) Any order for a combination of items in excess of $250,000; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within [ ] days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

I.4 52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of award or each exercised option, whichever is later.

(End of clause)

I.5 52.216-23 Execution and Commencement of Work. (APR 1984) The Contractor shall indicate acceptance of this letter contract by signing three copies of the contract and returning them to the Contracting Officer not later than [insert date]. Upon acceptance by both parties, the Contractor shall proceed with performance of the work, including purchase of necessary materials.

(End of clause)

I-6 FAR 52.217-7 Option for Increased Quantity—Separately Priced Line Item (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

I-7 52.217-8 Option to Extend Services.

As prescribed in 17.208(f), insert a clause substantially the same as the following:

OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract.

These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

I-8 52.217-9 Option to Extend the Term of the Contract.

As prescribed in 17.208(g), insert a clause substantially the same as the following:

OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 Years.

(End of clause)

I-9 FAR 52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.