AG-82X9-S-11-0182Solicitation.doc

AG-82X9-S-11-0182

Arbaney Mesa Fuels Reduction, White River National Forest

AND/OR DMS REG. 1

N/A

USDA Forest Service, Southern Tier Contracting 2840 Kachina Drive, Pueblo, Colorado 81008 See Specifications

FOB DESTINATION

FORMCHECKBOX

OTHER (See Schedule)

See Attached.

September 06, 2011

4:00PM LOCAL TIME

submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

REQUEST FOR QUOTATIONS - BLM National IDIQ Fuels Reduction Contract.

SEE SCHEDULE OF ITEMS

Pitkin County, Colorado

12. DISCOUNT FOR PROMPT PAYMENT

are not attached.

c. COUNTY

AREA CODE

SF-18 Request for Quotation – Continued The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

Section B – Schedule of Items

0009AB

Fuel Modification Difficulty Level II

CCR Registered: Yes _____ No _____

Vendor TIN: ______________________

Vendor DUNS: ____________________

Contractors BLM Contract Number: _____________________

C.1 Scope of Contract Arbaney Mesa Fuels Reduction project consists of treatment of approximately 138 acres of forest land targeting mixed mountain shrubs and related work in compliance with its terms, specifications, and provisions. This includes furnishing labor, equipment, supervision, transportation, operating supplies and incidentals.

BLM IDIQ Item 0009AB, Level II best describes the work to be accomplished under this task order.

C.1.1 Background and Purpose Across the Roaring Fork Valley, Crystal River Valley, Fryingpan River Valley, and Glenwood Canyon, pinyon-juniper, mountain shrub, aspen, and subalpine grassland vegetation communities are trending outside their historical range of age class diversity, variable shrub height, density of sprouting shoots, and species composition. It is desirable to improve these communities as greater functional habitat for native wildlife by restoring plant health, vigor, and regeneration across the landscape. Lack of variability and vigor has lead to a decline in seasonal wildlife habitat and this in turn has started to affect local wildlife populations. Without improvements to habitat in key areas, populations are expected to continue to decline beyond desirable levels.

The purpose of this project is to improve wildlife browse and habitat for mule deer, elk, and a variety of other native wildlife that inhabit fire-adapted vegetation communities. Comprehensive treatments are needed across a large area due to the tremendous number of big game and non-game species that rely on NFS lands for their seasonal habitat needs. By meeting this purpose, the project may help hold game animals on the national forest longer, relieving some pressure from adjacent private lands. It would also promote more diverse vegetation composition that benefits a variety of native wildlife and plants. In addition, the project will benefit Threatened, Endangered, Sensitive, and other wildlife and plants through improvement of key habitats.

C.2 Location of Work The project area is located on the White River National Forest, Pitkin County, Colorado, approximately 3.3 miles east/southeast of Basalt, CO. The legal description is T8S R86W Sections 11 and 14, and is restricted to National Forest System lands.

C.2.1 Access to Project Areas Access to the work area is at the Arbaney-Kittle trailhead. The work area is 3.5 miles from the trailhead. No system roads are available for vehicle access.

C.3 Project Work Period All work shall be completed by October 31, 2012. Work will be suspended between November 1 thru April 1, and May 31 thru July 31, to protect sensitive wildlife. Consideration will be given to delays caused by bad weather and nesting migratory birds.

C.4 Technical Specifications

Arbaney Mesa Fuels Treatment Difficulty

Description of the Work This contract is for both mechanically masticating and hand thinning and scattering. The contractor shall use whatever methods (mastication and/or hand thinning and scattering) needed to accomplish the specifications listed below.

1) General Project Design Target mixed-mountain shrubs including oak, serviceberry, mountain mahogany, snowberry, and other shrubs while maintaining some vegetation in mature stages. Desired condition using mechanical means is to masticate 40-60% of oak/ mixed shrub to stimulate sprouting, while maintaining about 40-60% oak in mature condition for mast production. For under-mature vegetation, retain shrubs having the most vigor, sprouting, and live branches. Retain all aspen, sagebrush, and all snags and live vegetation having nests and/or cavities. Retained vegetation must be left as irregular shaped islands or patches of untreated brush throughout the entire treatment area.

2) Thinning guidelines Remove target vegetation based on the following diameter classes:

Oak w/ live crown

Cut to within 6” of ground

Focus should be on shrub vegetation with a “hedged” appearance, shrubs with dead/dying stems, shrubs with dead tops, and shrubs with visible rot, fungus, and disease. Leave young, vigorous stems having multiple live terminal shoots or branches.

1) Stumps and Piles

a) Diameter is to be measured 6 inches from the ground.

b) Stumps will be cut 6 inches or less from the ground on the uphill side. All cut trees shall be completely severed from the stump. No live limbs will be left on the stump of any species.

c) All material over 3 inches in diameter will be cut to lengths of 4 feet or less.

d) All logs and large branches shall be limbed up completely.

2) Chipping/Mulching

If slash is cut/chipped/mulched and scattered, the following specifications will apply:

a) Lopped debris piles shall not exceed 12” in depth.

b) Mulch/chip slash into pieces no larger than 3” diameter and no longer than 4’ in length.

3) Roads No roads or vehicle travel paths are to be created by treatment activities.

Contractor shall furnish the following--

1) The contractor shall provide all labor, transportation, materials, and equipment necessary to perform the work as described herein.

2) Signs, if necessary, to inform the public of any hazards of being near the work.

The Forest Service will furnish the following--

1) Designate the boundary of the areas to be treated either with plastic surveyors flagging or by using readily apparent features such as fences.

2) Provide maps and descriptions of the area, and will go with the operator around the boundary of the area.

3) Measurement of the area treated by Global Positioning System (GPS). Note: All GPS measurements are taken on the horizontal plane not “slope” average.

Access

1) The government guarantees access to the work site over County, Forest Service and BLM-administered trails.

2) Ground access to the treatment unit will be by existing County, Forest Service and BLM walk in access.

3) All gates within the project area shall be left as found or as directed by the COR.

4) No littering is allowed and the contractor shall be responsible for hauling all trash accumulated out of the area. All trails designated on the project map shall be kept free of slash.

5) The area will not be closed to the public during the contract period. Contractor must be aware of the presence of people in the work area and adjust activities to account for their presence. The contractor is responsible for securing his equipment and supplies from possible theft and vandalism.

Biomass Removal Pursuant to 48CFR1437 (as amended in the Federal Register / Vol. 69, No. 166 / Friday, August 27, 2004) biomass resulting from this contract may be purchased from the BLM.

1. The contractor may remove and utilize woody biomass if:

(a) Project work is progressing as scheduled; and

(b) Removal is completed before contract expiration

2. To execute this option, the contractor must submit a written request to the Government.

3. Following receipt of the written request, and if appropriate, the Government and the contractor will negotiate and execute a separate timber/vegetative sales contract. Payment under the separate sale contract must be at a price equal to or greater than the appraised value before the removal of any woody biomass. The contractor shall make any appropriate payment specified in the separate timber sale contract.

4. The contractor shall treat any woody biomass not removed in accordance with the specifications in the service contract.

5. The sales contract and service contract are severable; default or termination under either does not remove the contractor from payment or performance obligations under the other contract.

Operations Plan

Prior to the commencement of operations, the Contractor shall obtain from the COR written approval of a written operations plan commensurate with the terms and conditions of the contract which shall include measures needed to assure protection of the environment and watershed. All thinning and clearing shall be done in accordance with the plan.

Cutting Sequence

Work must be done in a systematic manner, beginning at one end of the project area and working through it in a logical manner prescribed in the operations plan.

Work Camps

The Contractor or his employees, upon written authorization from the COR, may establish a temporary work camp on the contract area or on adjacent public lands administered by the Forest Service. The camp may consist of tents or similar temporary dwellings. The Contractor will be required to: 1) have self-contained portable chemical toilets to provide for off-site disposal of all refuse and human waste generated from the project, in accordance with all applicable local, state, and federal health and safety standards. 2) provide metal garbage collection cans with lids; 3) keep the camp in a clean and orderly condition and; 4) rehabilitate the area to the satisfaction of the COR; 5) follow all fire regulations. No dogs or firearms are allowed in the project area or in work camps.

Archaeological or Cultural Discoveries

If in connection with operations under this contract the Contractor, his subcontractors, or the employees of any of them, discovers, encounters, or becomes aware of any objects or sites of cultural value on the contract area such as historical or prehistorical ruins, human remains, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the COR of the findings. Operations may resume at the discovery site upon receipt of written instructions and authorization by the COR.

Hazardous Materials

1) Hazardous or Regulated materials, including petroleum products, to be used on site must be listed in the operations plan.

2) Use of Hazardous Materials 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).

3) On-site disposal of Hazardous Materials or Waste including hydrocarbons is not authorized. On-site disposal will subject the contractor to at least the cost of reclamation and the appropriate disposal of contaminated soil.

4) Incidental leaks from fittings, gaskets or ruptured hoses will not subject the contractor to remedial requirements. They will be considered to be normal and unavoidable losses. Continual leaks will be noted on inspection reports and correction through maintenance required.

5) Maintenance and repair operations that require the draining of engines or hydraulic systems may be conducted on site only if the fluids are captured, containerized, and removed from public lands for proper disposal.

6) The contractor shall be required to report to the COR, or agency, any spills of any volume of a "hazardous material" and any spill with a volume of 25 gallons or more of hydrocarbons.

Noxious Weeds The contractor shall ensure that all equipment is cleaned and free of debris prior to operating on public lands.

Security of Materials The contractor may leave equipment at the work site. The contractor is responsible for the contractor’s equipment if it should be lost, stolen or damaged.

Injuries and Damage

The Contractor, in his operations under this contract, shall not do or omit to do anything by which act or omission any person or property may be injured or damaged and shall indemnify and save the United States harmless from any claim, demand, action, or damages on account of any personal injury or property damage arising by reason of anything done or omitted to be done by the Contractor, his contractors, subcontractors, or the employees of any of them.

Fire Stipulations

1. Emergency Measures

The Forest Service may require emergency measures, including the necessary shutting down of equipment or portions of operations in the project area during periods of fire emergency created by hazardous climatic conditions or when the implementation of Fire Restrictions require.

2. Fire Control

During period of extreme fire danger, the Contracting Officer may issue a restricting or closure order to the contractor in writing. This may occur during periods when fire danger is rated high, very high, or extreme as identified by the posted Grand Junction Interagency Fire Center.

In the event a fire should occur within the contract area, the contractor and/or his employees will immediately take the action necessary to contain and/or suppress the fire. This will in no way relieve the contractor from any responsibility regarding suppression and/or trespass cost, in the event fire investigation reveals the fire was started by the contractor and/or his employees, either through negligence or from his/her operations.

3. Compliance with State Forest Laws

Listing of specific fire precautionary measures herein is not intended to relieve the Contractor in any way from compliance with the State Fire Laws covering fire prevention and suppression equipment, applicable to operations under this contract, permit or license.

4. Fire Precautions

Specific fire precautionary measures are as follows:

a. Smoking and Open Fires

The Contractor shall not allow open fires on the project area without advance permission in writing from the Contracting Officer Representative.

Unless restricted by State Law or Federal Regulations, smoking shall be permitted only in such portions of the project area that are free of flammable material. Smokers shall smoke in such a position that any burning material will fall within a cleared area, and shall extinguish and press out in mineral soil all burning material before leaving the cleared area.

b. Fire Extinguishers and Equipment, on Trucks, Tractors, etc.

All power-driven equipment operated by the Contractor on public land, except portable fire pumps, shall be equipped with one fire extinguisher having a UL rating of at least 5 B, C and one "D" handled or long handled round point shove.

In addition, each motor patrol, truck and passenger-carrying vehicle shall be equipped with a double-bit axe or Pulaski, 3-1/2 pounds or larger.

Equipment shall be kept in a serviceable condition and shall be readily available.

c. Power Saws

Each gasoline power saw operator shall be equipped with an effectively working spark arrestor is properly maintained and properly installed. Allow a hot saw to cool down before refueling.

Refuel a chainsaw in an area free of flammable material. Clean gas and oil off the chainsaw after refueling. Never place a hot chainsaw on any flammable material.

d. Extinguishers

One refill for each type or one extra extinguisher sufficient to replace each size extinguisher required on equipment shall be safely stored in the fire tool box or other agreed upon place on the project area that is protected and readily available.

e. Spark Arresters and Mufflers

Each internal combustion engine shall be equipped with a spark arrester meeting either (1) USDA Standard 5100-1a, or (2) appropriate Society of Automotive Engineers (SAE) recommended practice J335(b) and J350(a) as now or hereafter amended unless it is:

(1) Equipped with a turbine-driven supercharger such as the turbocharger. There shall be no exhaust bypass.

(2) A passenger carrying vehicle or light truck, or medium truck up to 40,000 GVW, used on roads and equipped with a factory designed muffler complete with baffles and an exhaust system in good working condition.

(3) A heavy duty truck, such as a dump or log truck, or other vehicle used for commercial hauling, used only on roads and equipped with a factory designed muffler and with a vertical stack exhaust system extending above the cab.

Exhaust equipment described in this Subsection, including spark arresters and mufflers, shall be properly installed and constantly maintained in serviceable condition.

SECTION D – (No additional requirements other than those found in BLM Parent Contract)

SECTION E—INSPECTION AND ACCEPTANCE

Inspection/Acceptance Inspection/Acceptance of all services performed in accordance with this contract for purpose of initiating contractor payment shall be by the COR.

The Forest Service will make periodic inspections as a basis for payment and recommendations for adjustments in work quality while work is in progress. The contractor is encouraged to observe inspections while they are being made.

As the basis for payment, inspections for compliance with specifications will be made for work units reported as completed by the contractor.

All work on an individual unit within a bid item will be completed before work may begin on another unit.

If the unit (s) inspected do not meet the acceptable levels as described in the specifications, the contractor shall be required to rework the area to conform to the specifications. See Section C for additional requirements.

Payment Partial Payment may be authorized by the COR assuming acceptable work has been completed in a time frame that will allow the project to be completed within the contract period. No payment will be authorized while the contractor has only partially completed a unit.

SECTION F--DELIVERIES OR PERFORMANCE

F.1 Period of Performance

The contractor shall complete the work under this task order within the contract time specified herein. Contract shall be completed within 365 calendar days of effective date of Notice to Proceed. All contract work must be completed by no later than October 31, 2012.

The time includes all weather related stoppages, including, but not limited to, snow accumulation, saturated soils, fire restrictions, etc. The contractor is encouraged to consider seasonal restrictions and winter access concerns when planning work on this contract. Additional contract time may be granted in the case of stop work orders related to fire, significant periods of adverse weather, or other factors beyond the control of the contractor. Contract time will start on the effective date specified on the Notice to Proceed, or the third day after the Post Office has issued a notice of certified mail to the contractor, or when work commences, whichever is sooner.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 5 days after the date of contract award. The conference will be held at a site determined after contract award.

G.2 Government-Furnished Property / Materials

The government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract: None other than as specified in Section C.

G.3 Designated Government Office for Submitting Proper Invoice

Attn: Richard Mizell, Contracting Officer

White River National Forest

900 Grand Ave

Glenwood Springs, CO 81602

Phone: 970-945-3249

G.4 Payment will be made by:

USDA Rural Development

Centralized Servicing Center

4300 Goodfellow Blvd (FC-233)

Bldg 105E

St. Louis, MO 63120-1703

Phone: 314-457-4525 G.5 Forest Service Representatives:

Richard Mizell will serve as the Contracting Officer on this contract. He will have full warrant authority over all contract issue and can be reached at rwmizell@fs.fed.us or 970-945-3249.

A Contracting Officer Representative will be appointed for this contract upon award. His/her delegated authority and responsibilities will be defined on a delegation letter issued after contract award. This delegation will also contain his/her contact information.

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

H.1 – Work Hours. Work Hours are not restricted providing they adhere to the Service Contract Act, and all other applicable OHSA and safety regulations.

H.2 Operating Plan

After contract award and upon request of the Contracting Officer, the contractor shall submit a written proposed operating plan to the Contracting Officer for approval. The contractor shall not begin work on the contract until the contractor has received written approval of their proposed operating plan by the CO, regardless of whether the Notice to Proceed has been issued or not. At a minimum, the operating plan shall include a milestone schedule of progress through the treatment units and anticipated major activities and orderly completion of the work within contract time. The operating plan shall also contain the name and contact information for the contractor’s project manager and other key personnel, public safety measures, and management of gates. The contractor shall include other specific information in the plan if specifically requested in writing by the CO and shall be revised as requested in writing by the CO.

H.3 Health and Safety

When the contractor’s operations are in progress, the contractor shall furnish, install, and maintain all temporary traffic controls that provide the user with adequate warning of hazardous conditions associated with contractor’s operations. The contractor and CO will agree to a specific traffic control plan prior to commencing operations. Devices shall be covered or removed when not needed. Except as otherwise agreed, flagman and devices shall be as specified in the “Manual on Uniform Traffic Control Devices for Streets and Highways” (MUTCD). The contractor shall develop and maintain a written safety plan specific to the work under this task order and shall show it or provide it to the Government if requested by Government.

H.4 Pre-work Meeting

Prior to the commencement of work under the contract, the contractor shall meet with the Contracting Officer or Contracting Officer’s Representative to discuss the task order requirements. The meeting will be held at the South Platte Ranger District Office, unless otherwise agreed to by the Contracting Officer. This meeting may be combined with the post-award conference described in section G.1.

H.5 Noxious Weeds

The contractor shall ensure that prior to moving on to the National Forest all equipment is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. The contractor shall employ whatever cleaning methods are necessary to ensure that equipment is free of noxious weeds. The contractor shall provide the Contacting Officer with certification, in writing, that all equipment is free of noxious weeds prior to start-up of operations. Equipment shall be considered free of soil, seeds, and other such debris when a visual inspection by the Government does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required. Unless otherwise directed by the CO, the Government will not require the contractor’s equipment to be cleaned before moving to another treatment unit if the contractor is moving directly from one contract unit to another.

H.6 Contractor Representative

The contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who shall act for the contractor when the contractor is absent shall be designated in writing to the contracting officer. The contractor representative or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contractor representative and alternate(s) must be able to read, write, speak, and understand English, as well as the primary language of the work crews.

H. 7. FIRE CONTROL

H.7.1. 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.7.2. 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.7.3. Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

H.7.4. An equitable adjustment in contract time may be made for this period.

H.7.5. 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.7.5.1. Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under 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.7.5.2. 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.7.5.3. 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 multiposition 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.7.5.4. Power saws. For each power saw 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.7.5.4.1. 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.7.5.5. Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

H.7.5.6. 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.7.5.7. 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.7.5.8. 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.7.5.9. 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.7.5.10. 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.7.5.11. 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.7.5.11.1. 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.7.5.12. Pump and Trailer. Not required.

H.7.5.13. 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.

452.236-77 (NOV 1996) Emergency Response

(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 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 signed 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 Forest Service 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.

Addendum to 452-236-77: Paragraph (c) above refers to Changes clause, FAR 52.243-4. Instead the following clause is applicable to this solicitation as referenced in Section I of the BLM IDIQ Contract, FAR 52.243-1 Changes Fixed price (Aug 1987) Alt I (Apr 1984)

4G52.222-704 Personal Protective Equipment (Feb 2007)

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

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used.

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

5. 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.

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

7. 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.

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

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

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

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

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

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

4. The campsite shall have a clean appearance at all times.

5. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the contractor fails to remove all structures or improvements within the 10 calendar days, they shall become the property of the United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site.

6. Unless otherwise designated by the Contracting Officer, the use of this area is not exclusive, and may be granted to other permittees, contractors, or recreating public. Disorderly conduct is not permitted.

7. Damaging or removing any natural feature or other property of the Forest Service is prohibited.

8. Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area.

9. Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items.

10. An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes.

11. Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition.

12. Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodents.

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

a. Gauze pads (at least 4x4 inches)

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

c. Box adhesive bandages (band-aids)

d. One package of gauze roller bandage at least 2 inches wide

e. Two triangular bandages

f. Scissors

g. At least one blanket

h. Tweezers

i. Adhesive tape

j. Latex gloves

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

14. Any washing of laundry shall be done in such a way as to provide for washing and rinsing without polluting lakes, streams, or other flowing water.

15. Waste water must be disposed of away from living and eating areas and in a fashion that minimizes pollution to lakes, streams, and other flowing water.

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

17. The contractor shall comply with the following fire regulations during fire season:

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

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

c. All generators and other internal combustion engines will be equipped with USFS approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in (b).

d. All fuel will be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition.

18. Any violation of these conditions constitutes a breach of contract, and may result in revocation of camping approval.

19. The Forest Service reserves the right to terminate a camping permit at any time.

4G52.222-701 Employment of Eligible Workers (DEC 1999)

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

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

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

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

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

FSAR 4G52.222-702 Labor Standards for Contracts Involving Migrant and Seasonal Agricultural Workers (DEC 1999) (a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (see 29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor Contractors, and to assure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, precommercial thinning, and site preparation and wildland fire fighting.

(b) Definitions.

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

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

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

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

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

(2) Wage and Payroll Standards

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

(ii) The Contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (i.e. per hour, per tree, per acre), number of Units earned if paid on a per Unit basis, hours worked, total pay, withholdings and purpose for each, and net pay. Payroll records shall be retained for three years.

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

(iv) If paid on a piece rate basis, the employee's…