RFP_SB_BAER_IDIQ_3-1-13.doc

AG-82X9-S-13-0004

Region 2 BAER Heli-Mulch IDIQ (straw and wood shred)

AG-82X9-S-13-0004

Region 2 BAER Mulching IDIQ (straw and wood shred)

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

Rocky Mountain, Region 2 Colorado, Kansas, Nebraska, South Dakota, Wyoming B-1 Schedule of Items See next page

Note 1: Estimated annual quantity for each item is for purposes of IDIQ price proposal's use only.

Note 2: Please review FAR 52.215-1, Instruction to Offerors, and avoid proposing unbalanced pricing. The government may determine a proposal is unacceptable due to unbalanced pricing.

Note 3: % Fuel is the portion of unit price due to cost of Fuel (see Section H-3 for economic price adjustment)

Note 4: Distance from Staging Area is the distance from the staging area to the farthest drop point in a particular treatment unit.

Note 5: Notwithstanding any variance in contract administration between R-2 and any other FS Region as to BAER Mulching IDIQ, the administration of this solicitation is controlled solely by R-2's terms and conditions governing this project. All Offerors competing for this work affirm and verify their understanding and agreement that:

1. This is an R-2 rather than a nationwide Solicitation, and;

2. Consistency with any other FS Region as to this project’s terms is not required. If any need for clarification arises, or dispute occurs, R-2's interpretation/administration of project terms controls, rather than the BAER Mulching policy or associated administration adopted by another Region.

Base year

Base Year Continued

Option Year One

Option Year One Continued

Option Year Two

Option Year Two Continued

Option Year Three

Option Year Three Continued

Option Year Four

Option Year Four Continued

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C- 1 Purpose

This Indefinite Delivery/Indefinite Quantity (IDIQ) contract is for mulching Services in Region 2 of the USDA Forest Service (FS), which includes forest lands within the states of South Dakota, Nebraska, Colorado, Wyoming, and Kansas. The contractor shall provide straw mulching treatment and wood shred mulching treatment. The government intends to issue task orders to the contractor for mulch treatments greater than 1000 acres. The contractor may also receive task orders for mulch treatments less than 1000 acres if it is in the best interest of the government.

C-2 Scope of Services

The contractor shall provide all straw mulch, labor, supplies, and equipment necessary to complete agricultural straw mulching of treatment areas designated as BAER (Burned Area Emergency Response). Agricultural straw shall be applied by the most efficient methods in a uniform cover in the designated areas.

The contractor shall provide all labor, supplies, and equipment necessary to complete wood shred mulching of treatment areas designated as BAER. Wood shred shall be applied by the most efficient methods in a uniform cover in the designated areas. The wood shred material shall be furnished by the government and located at a pick-up location within 100 miles of the staging area.

C-3 Supply of Certified Weed Free Straw Mulch

The contractor shall use biodegradable straw mulch materials that are favorable to residual vegetative growth, native species seed germination, and plant recovery. Suitable straw is wheat or barley straw. All straw must be certified by the state where it is harvested to be weed free as per specifications below. The straw must be dry (less than 12 percent internal moisture content) to ensure proper dispersal during applications. The FS may randomly test bales using a moisture probe. Straw shaft length will not exceed 12 inches. No round bales will be accepted for applications. Straw mulch bales shall not contain: a) >1% inert material (e.g., soil), b) >1% fiber from other crops, c) Mold, smut, rust, rot, or moisture damage.

All straw provided will have been grown during the current or 1 year prior growing seasons. The age will be assessed from the date of application.

All straw will be free of all prohibited and restricted noxious weed species. Testing for prohibited and noxious weed species may be completed by the FS prior to shipping and applying straw mulch material on National Forest Lands. The testing is optional and at the discretion of the FS. The FS will be responsible for the costs of collecting samples and lab testing the straw for noxious and prohibited species. The FS testing needs and requirements will depend on project type, location of project and source of straw materials. Noxious weed species to be tested for can be obtained from the most recent USDA publication State Noxious – Weed Seed Requirements Recognized in the Administration of the Federal Seed Act. Also refer to the most recent North American Weed Management Association publication North American Weed Free Forage Program for the noxious weed and undesirable plant species list. Specific straw sources will be rejected when tested samples produce a positive response to noxious weed species. All origins in which straw is sourced must have an official state weed-free forage program or other government-sanctioned program that under proper authority conducts and enforces a weed-free forage program. Exceptions may be granted on a case-by-case basis and must be approved in advance by the Contracting Officer.

To minimize contamination by weeds, bales derived from outermost two edge swathes bordering field edges shall be excluded from use. To minimize introduction of weeds or weed seed into the project area, straw will be rejected by the FS if any of the following conditions are observed (exception may be granted on a case by case basis and must be approved in advance by the Contracting Officer):

a) Presence of propagative plant parts or viable seed of species listed on the North American Noxious Weed List (Appendix A) of the North American Weed Free Forage Program.

b) Presence of propagative plant parts or viable seed of species listed on the State Noxious Weed List and the State Noxious Weed Seed List current at the time of straw harvest for the state(s) in which the straw is acquired.

c)Presence of downy brome/cheatgrass (Bromus tectorum) or any other Mediterranean annual bromegrass (B. japonicus, mollis, commutatus, squarrosus, etc.). The FS reserves the right to reject straw mulch containing these species that the FS deems harmful to the specific application and/or ecological integrity of implementation areas.

C-4 Straw Testing and Acceptance Procedures

Testing and straw acceptance procedure for noxious weed species and other invasive species such as cheatgrass:

1. In addition to providing the documentation proving compliance with the state’s certified weed free program, the Contractor will provide the location(s) for the stacks or lots where the straw material to be used is currently stored. FS personnel will go to the storage sites to verify bale tag numbers match the associated Inspection Certificates and to collect samples for testing.

2. Using a forage bore instrument or other sampling methods, FS personnel will obtain samples from 10 randomly selected bales from each 30 bale stack or lot prior to loading and shipping. The 10 collected samples will be pooled and mixed. The samples will be analyzed first for noxious weed seed. All straw from any 30 bale stack or lot will be rejected if the respective sample tests positive for noxious weeds. When lab testing determines a core sample to be certified noxious weed free, the sample will be analyzed for other invasive species as required by the project.

3. Acceptance: No straw will be accepted at staging areas until test results have been accounted for by the FS.

For each truckload of straw arriving at staging area(s), contractor will submit a copy of each “Certificate of Inspection” for field(s) that produced the straw. Such certificate will be fully completed to include the name of straw grower and the name of the inspector(s). Additional documentation will consist of the field location, bale tag numbers if available, bale size, and “Transit Certificate”.

C-5 Mulching Application

1. Straw Mulch Application.

The rate of agricultural straw application is determined by qualified individuals who have been trained in the principles of straw mulching treatments. The straw shall be applied at a continuous cover of uniform thickness over the project area. Application rate shall be 1 ton per acre at approximately 70% cover. In treatment acres where steep rock face prevents 70% cover, the remainder of the straw for that treatment acre shall be redirected to an adjacent treatment unit at the Contracting Officer Representative’s discretion. The Contractor will be responsible for any unused straw once contract specifications have been attained. During implementation, Contractor shall retain all twine/wire on site at staging areas from all straw bales used to allow inspection by FS of proper quantities of weed-free colored twine or galvanized wire.

Special ground support, equipment, and documentation needs:

a. Straw bales delivered to staging areas shall be unloaded and neatly stacked in preparation for loading bales in nets for aerial distribution or into ground based equipment for ground distribution. Weather conditions may require covering the straw material to within 2 feet of the ground on all sides using canvas tarps or plastic covers to keep the straw bales dry.

b. If the supplying state has a bale tag certification program then five tags per load will be pulled from each truck and attached to a separate sheet of paper and submitted. The North American Weed Free Forage Program Certification Program Inspection Certificate (Transit Certificate) previously provided will be used to verify the bales tags from the shipped straw material originated from a stack or lot complying the noxious weed and other identified testing specifications. Bale tags that do not correspond with the Transit Certificate will be rejected.

c. Certified truck weights will be used to verify all actual weights.

d. At the end of each operational period, or prior to the morning briefing all documentation will be submitted to the COR or representative for review. No work will commence that day without documentation submitted.

e. Utilize methods of application which have previously demonstrated effectiveness in both distribution during application and erosion control capabilities.

2. Wood Shred Mulch Application.

Erosion control wood shred is an all wood material comprised of loose, thin wood pieces. The size of wood shred shall allow interlocking of mulch material and provide the most resistance to water runoff, soil erosion, and wind removal of wood shred. The wood shred shall primarily consist of dominant strands approximately 8 to 16 inches in length, ¼ to 2 inches wide. Finer length materials (less than 2 inches) may be present but should be at a much lower percentage compared to the dominant length noted above.

If a task order includes requirements for the contractor to provide wood shred treatment, government furnished wood shred shall be available within 100 miles of the staging area. If wood shred treatment is required, the contractor shall provide all equipment and labor necessary to load and transport the wood shred from the pick-up location to the staging areas. A government inspector must be onsite at the pick-up location when the contractor is loading the wood shred for transport. The contractor shall provide a schedule of wood shred loading needs to the Contracting Officer’s Representative at least five business days prior to need. The schedule shall request that a government inspector be available in 4 hour shifts between the hours of 8 am and 5 pm excluding Saturdays, Sundays, and Federal Holidays. The contractor shall not load any wood shred without the government inspector’s approval that the wood shred is acceptable for mulching application. Wood shred material not meeting specifications shall not be transported to staging areas. Once the government inspector has approved the wood shred as acceptable for treatment application, the contractor shall load the wood shred on to trucks for transport to the staging areas. Contractor acceptance of the wood shred occurs once the wood shred is loaded on to trucks. Contractor shall be responsible for the wood shred from the pick-up location to the final application of the wood shred on the treatment units. As part of the daily operational report as required in Section C-9, the contractor shall provide weight tickets of each truck load of wood shred accepted by the contractor at the pick-up location. Once transported to the staging area, the contractor shall appropriately mix the wood shred prior to application to ensure effective dispersal and interlocking of wood shred materials on hill slopes.

The contractor shall apply 6 tons of wood shred per acre to achieve approximately 70% coverage of the soil surface (coverage is defined as 1 to 2 partially interlocking wood shred layers). Avoid dropping mulch in drainages, over areas covered with substantial rock cover (defined as greater than 50% rock cover) since that amount of rock cover adequately protects the soil from accelerated wind and water erosion. It is not necessary to apply mulch in areas of low or unburned severity (defined as green needles still on trees or substantial brown needles remaining on trees) In treatment acres where treatment is not necessary due to actual ground conditions, the remainder of the wood shred shall be redirected to an adjacent treatment acre at the Contracting Officer Representative’s discretion. Invoicing for wood shred treatment shall be stated as per treated acre. See Section G-2 for details on invoicing and payment.

C-6 Treatment Locations

Locations to be treated will be within Region 2 Forest Service administered lands in the states of Colorado, Kansas, Nebraska, Wyoming, and South Dakota. Most areas will be in mountainous terrain with elevations ranging from 6,000 ft. to 11,000 ft. The contractor may determine that aerial application is the most appropriate method in areas that are not accessible by ground equipment or in areas where it is more efficient to use aerial applications due to large material quantity or large treatment area. A burn area designated as BAER may contain one or more treatment areas. Each treatment area may contain one or more treatment units. Each treatment unit may contain one or more acres. Exact treatment units will be identified by polygons delineated on treatment area maps included in each task order.

C-7 Staging Areas

The government shall specify the number of staging areas in each task order to minimize the distance from staging areas to treatment units. The contractor shall be responsible for identifying potential staging areas and gaining access to the staging areas located within Federal, state, or local public lands. Staging areas shall not be located on private property. The Contracting Officer’s Representative shall approve potential staging areas prior to mobilization. Should reasonable public lands staging areas not be an option, the contractor shall discuss the issue with the Contracting Officer for guidance on possible private lands staging area options.

Contractor shall be responsible for clean-up, restoration, and rehabilitation of staging areas to original pre-use conditions. This includes any damage made to roads, trails, gates, or fences used to access the staging area. Rehabilitation tasks may include scarification of ground, application of seed, or repairing damage to trees.

Contractor shall take precautions such as fencing or daily clean-up of work site to limit the spread of mulch material from staging areas.

C-8 Contractor Furnished Items and Services

a) For straw mulch: the contractor shall purchase and provide straw material to the staging area(s). This includes transportation, support equipment such as loaders, application/installation equipment, support personnel, and other services to fulfill the requirements of the contract. The Contractor is responsible for all costs incidental to equipment move-in and move-out, movement of equipment within the staging areas, and transportation of all Contractor and Government-furnished property.

b) For wood shred: the contractor shall transport government furnished wood shred from a pick-up location not farther than 100 miles from the staging areas. This includes transportation, support equipment such as loaders, application/installation equipment, support personnel, and other services to fulfill the requirements of the contract. The Contractor is responsible for all costs incidental to equipment move-in and move-out, movement of equipment within the staging areas and pick-up locations, and transportation of all Contractor and Government-furnished property.

c) Warning signs on roads leading to operations at the staging areas, pick-up locations, and application sites shall be installed. The Contractor shall be totally responsible for signing, barricades, and traffic control on city streets, roads, and trails to maintain a safe environment to the public and Government Employees. It will be the responsibility of the Contractor to contact local municipalities and governments for applicable operating permits to assist with signing of areas and public safety.

d) Road Guards for all aviation operations that require flying over roads or near homes.

e) Trail Guards on the access points to trails that are within the flight paths of aerial operations.

f) Contractor shall provide receptacles to ensure proper proper disposal of waste.

g) Contractor shall have a plan outlining what precautions and mitigation will be in place to limit spread of material prior to project initiation. This will include daily clean-up plans, mitigation strategies, and equipment that will be used to meet the specifications.

h) Contractor is responsible for providing spill containment kits for all petroleum products used to complete the contract. All fueling will be at a distance greater than 100 feet from perennial or intermittent streams and/or wetlands. Contractor shall have a spill containment plan.

i) Contractor is responsible for cleaning up any spills of diesel fuel, aviation fuel, gasoline, and all hazardous materials. If a spill occurs, the Contractor will assume all liability and responsibility for cleanup to meet EPA and applicable state water quality standards.

j) Contractor is responsible for cleaning of all vehicles to ensure they are free of soil, seeds, vegetative matter, or other debris that could contain or hold non-native noxious weed seed prior to entering Forest Service or private lands. Contractor shall certify in writing, compliance of terms prior to moving equipment onto job site.

k) Contractor is responsible for providing a computer, printer, and all office supplies necessary to complete daily progress reports for the Contracting Officer’s Representative.

l) Contractor furnished Quality Control personnel must have electronic equipment capable of capturing coordinates using a Global Positioning System (GPS). The Government will provide coordinates for each treatment unit as GIS shape files. All aerial treatment units (if applicable) are required to be flown using geo-referenced shape files that are available as polygons to be downloaded in aircraft GPS units. A completed map of treatment areas will be provided by the contractor during and at the end of the project denoting where all aerial and/or ground operations have occurred.

C-9 Project Safety and Resource Protection Objectives

All plans referenced below will be submitted to the Contracting Officer’s Representative at the prework meeting for each task order. The Contractor shall comply with all Government Safety and Health regulations, Federal Aviation Regulations, and the Department of Labor Occupational Safety and Health (OSHA) standards, and Department of Transportation (DOT) regulations.

General Safety: For each employee operating motorized equipment on-site, the contractor shall provide a list of all accidents related to that employee (motor vehicle, aviation, and job site related) over the last 5 years. Also include the contact name and phone number of an insurance company who can verify the contents of the list.

Site Safety Plan: The Contractor shall have a written site specific safety plan for each project site, staging area, Forest Service roads, or private roads leading to the staging area(s). This includes procedure for traffic control (air traffic if applicable), communication, equipment use, signing, and protection of personnel and public. Special permits if required for operation within the applicable state, county, and/or city will be required at the pre-work meeting.

C-10 Documentation

A. Daily Operational Report. Daily progress reports are to be provided to the Contracting Officer’s Representative at the end of each operational period or the next day during the morning briefing. No additional work that day will commence unless the following documentation is provided.

1. Updated map indicating the area within the unit that has been treated.

2. The approximate number of acres treated within each unit by treatment type.

3. Estimate of total straw or wood shred (tons) applied to unit(s).

4. Total flight time (hours) for each aircraft per treatment or assignment.

5. Total straw or wood shred (tons) delivered to Staging Area(s).

a. Copies of weight tickets for each load delivered.

b. Copy of Noxious Weed Free Forage and Straw Certification Program Inspection Certificate from appropriate State for each Load (Transit Certificate).

c. In states with tag system: Five bale tags from each load of straw delivered attached to a separate sheet.

B. Final Report. A final report (1 hard copy on 8.5 x 11 paper) shall be provided to the Contracting Officer’s Representative with the submission of the final invoice and will include at a minimum:

1. Daily field conditions, application rates and areas covered, site conditions, and any other pertinent data that records the application of the product. The report shall contain a summary of the results of the application.

C-11 Accident Prevention and Safety

The Contractor shall keep and maintain programs necessary to assure safety of ground and, if applicable, flight operations. If aerial application is considered, the Contractor shall have an aviation safety plan.

C- 12 Reporting Mishaps

Any aircraft use as determined by the contractor must meet all rules associated with Federal Aviation Regulations Part 137 (Agricultural Operations) and Part 91 (General Operating Rules) and applicable state regulations. Accidents/incidents will be reported to the NTSB as stipulated in the Aeronautical Information Manual part 7-6-2. Any notification to the USFS shall be associated with the work stoppage. Any contractor supplied aircraft shall operate under civil regulations and shall not be under USFS operational control.

C- 13 Government Quality Assurance Quality assurance will be performed by the Government during the contract at regular intervals and on individual task orders. Methods may include visual survey and review of Contractor quality control documents. Deduction for work may include rework at no cost to the Government or Government acceptance with price reduction.

PART I - THE SCHEDULE

SECTION D – PACKAGING AND MARKING

D-1 Payment of Shipping Costs All shipping costs required by this contract shall be paid for by the contractor. The unit prices specified in Section B is inclusive of all shipping and delivery charges.

SECTION E - INSPECTION AND ACCEPTANCE

E- 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/these address(es): Federal Acquisition Regulations - https://www.acquisition.gov/far and the Agriculture Acquisition Regulations – www.usda.gov/procurement/policy/agar.html E-2 FAR 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

(a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may -

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

E- 3 Additional Inspection and Acceptance Requirements

STANDARD

(2) Visual observation during & after application.

(3) Final approval by Inspector.

(4) FS may conduct random sampling tests of application rates and coverage (100’ transects in representative areas in dispute).

Contractor will be required to rework any area in a unit that fails to meet the cover standards.

Non-acceptance of work until treated to the AQL levels.

Withhold final payment.

SECTION F - DELIVERIES OR PERFORMANCE

F-1 Federal Acquisition Regulations incorporated by Reference 52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984) F- 2 AGAR 452.211-75 Effective Period of Contract (FEB 1988) The effective period of this contract is from the date of award and shall continue for a base period of one year and may be extended for four option periods.

PART I - THE SCHEDULE

SECTION G - CONTRACT ADMINISTRATION DATA

G- 1 Measurement and Payment

Payments will be made in accordance with the terms and conditions of this contract and individual task orders. All work must be satisfactorally completed before payment will be authorized.

G- 2 Basis of Payment

The basis of payments is completion of all work in accordance with the contract and task order specifications. Additionally, the contractor is required to submit a proper invoice that includes the following information:

(1) A proper invoice must include the following items:

(a) Name and address of the contractor.

(b) Invoice date and invoice number.

(c) Contract number and task order number.

(d) Number of treatment acres completed. Completion of treatment acres are defined as treatment units that have been inspected and accepted by the Contracting Officer’s Representative. The cost of mobilization may be invoiced once the government has approved the staging area and mobilization has started.

(e) The invoice must be scanned and emailed to the contracting officer who awarded the task order. Include the name and address of the task order contracting officer.

(f) Name, title, phone number, and mailing address of person to notify in the event of a defective invoice.

(g) Taxpayer Identification Number (TIN)

(f) Any other information or documentation required by the contract (e.g., certified weight tickets of straw shipment).

G- 3 Assignments and Order Placement Procedures

The contractor shall provide straw mulching treatment and wood shred mulching treatment. The government intends to issue task orders to the contractor for mulch treatments greater than 1000 acres. The contractor may also receive task orders for mulch treatments less than 1000 acres if it is in the best interest of the government. When a new treatment is required, the contracting officer will send a request for quote (RFQ) to the contractor.

1. The RFQ shall include:

a) Number of acres of straw treatment required.

b) Number of acres of wood shred treatment required and location of government furnished wood shred.

c) Number of staging areas required

d) GPS locations of treatment units

e) Period of Performance requirements

f) Due date of the quote (contractor shall have a minimum of 3 calendar days to prepare the RFQ)

2. The contractor shall submit a timely quote to include the following:

a) Total price of task order including detailed breakouts using the prenegotiated rates from Schedule B of this IDIQ

b) Suggested locations of staging areas which shall comply with the guidelines specified in Section C.

c) Statement certifying that the contractor will be able to provide the straw mulch material as specified in Section C. If the contractor is unable to secure the required straw, the government may choose to award the project to another contractor. The contractor’s inability to secure required straw may result in the government choosing to award future projects with another contractor.

d) Statement certifying that the contractor will not be performing any other BAER work or any work requiring the diversion of resources allocated to this contract. If conflicts exist during the task order’s period of performance, the government may choose to award the project to another contractor.

3. If the contractor’s quote is acceptable, the government shall award the task order and performance shall start immediately. Poor performance in prior task orders may result in the government choosing to award future projects to another contractor without regard to any contract minimum requirements.

4. This contract is not a requirements contract (see Section I-8 for explanation).

G-4 Individuals Authorized to Place Orders

Contracting Officers in Region 2 of the Forest Service are authorized to place orders against this contract consistent with the limits of their individual warrants.

PART I - THE SCHEDULE

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 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/these address(es): Federal Acquisition Regulations - https://www.acquisition.gov/far and the Agriculture Acquisition Regulations – www.usda.gov/procurement/policy/agar.html

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996) H- 2 Key Personnel

Key personnel specified below and identified in the offeror's technical proposal are considered to be essential to the work being performed. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer 3 days before the need to divert and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No diversion shall be made by the Contractor without the written consent of the Contracting Officer. Any replacement of Key Personnel must meet or exceed the qualifications of the outgoing personnel and shall not cause any increases in contract price. Key personnel for this contract are identified as: Project Manager, pilots, ground operations manager (if different than Project Manager).

H- 3 Economic Price Adjustment The unit price of each mulching line item will be adjusted annually during contract option year renewal. In Section B, Schedule of Items, please state the percentage of the unit price that is due to the cost of fuel. The portion of the unit price due to fuel will be increased or decreased annually based on the percent change in the most current average Jet A Fuel price as listed by the National Interagency Fire Center. The most current average gallon price for Jet Fuel may be found at:

http://fsweb.wo.fs.fed.us/aqm/contractpa/NIFC/index.php Example 1: if the portion of unit price due to Fuel is $100 and the Jet A fuel price increases by 10% from the base year to option year 1, the mulching unit price for option year 1 will be increased by $10.

Example 2: if the portion of unit price due to Fuel is $100 and the Jet A fuel price increases by 15% from the base year to option year 2, the straw mulching unit price for option year 2 will be increased by $15.

The base level from which adjustments will be made is the price of Jet A Fuel established as $5.50 per gallon as of July 16, 2012. Future increases or decreases will be baselined off this price.

H-4

PROPERTY AND PERSONAL DAMAGE

(a) The Contractor shall use every precaution necessary to prevent damage to public and private property.

(b) The Contractor shall be responsible for all damage to property and to persons, including third parties, that occur as a result of his or his agent's or employee's fault or negligence. The term "third parties" is construed to include employees of the Government.

(c) The Contractor shall procure and maintain during the term of this contract, and any extension thereof, aircraft and General Public Liability Insurance in accordance with 14 CFR 205. The parties named insured under the policy or policies shall be the CONTRACTOR and THE UNITED STATES OF AMERICA.

(d) The Contractor may be otherwise insured by a combination of primary and excess policies. Such policies must have combined coverage equal to or greater than the combined minimums required.

(e) Policies containing exclusions for chemical damage or damage incidental to the use of equipment and supplies furnished under this contract, or growing out of direct performance of the contract, will not be acceptable. The chemical damage coverage may be limited to chemicals dispensed while performing BAER activities.

(f) The Contractor, prior to the commencement of work, shall submit to the Contracting Officer one copy of the insurance policy, or confirmation from the insurance company, certifying that the coverage described in this clause has been obtained.

H- 5 Fire Control

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

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

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

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

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

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

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

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

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

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

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

(12) Pump and Trailer. The Contractor shall provide at a location satisfactory to the Contracting Officer, a serviceable truck or trailer, equipped with a fire fighting tanker unit to be kept ready for instant use for suppressing forest fires. The unit shall consist of a tank of not less than 100-gallon capacity upon which shall be mounted a live hose reel or live hose basket with 250 feet of at least ¾-inch I.D. heavy-duty rubber hose; a portable or power takeoff pump with discharge capacity of at least 10 gallons per minute at 150 P.S.I. pressure. Gear type pumps shall be provided with a bypass or pressure relief valve so that the hose nozzle may be shut while the pump is operating. Each tanker unit shall have a hose nozzle of the shut-off type, adjustable for straight stream, spray or fog, at least 12 feet of 1-inch suction hose with an intake screen, and additional 250 feet of 3/4 –inch heavy-duty rubber hose or 1-inch cotton jacket rubber-lined or linen hose to be carried on the unit for use as needed. Tools, adapters, accessories and fuel necessary to operate the pump and truck or trailer shall be provided. If a trailer is used, a serviceable vehicle with proper trailer tow hitch shall be located at a point satisfactory to the Contracting Officer. Where water is available, a supply sufficient for rapidly filling the water tank shall be provided at one or more accessible points along or adjacent to the main truck roads.

(13) Burning. Before starting any open burning, the Contractor shall comply with the following:

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

(ii) Obtain a burning permit from the District Ranger.

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

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

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

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

H- 6 Loss, Damage, or Destruction

(a) Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

All claims arising under this clause will be submitted to the Contracting Officer.

H- 7 Barricades, Warning Signs, and Other Devices The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

H- 8 Weed-Free Equipment In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only construction equipment inspected by the Contracting Officer’s Representative will be allowed to operate within the project area. All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

Prior to initial move-in of all construction equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed location.

H- 9 Landscape Preservation

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

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

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

H-10 Contractor Performance Assessment Reporting System (FEB 2011)

(a) General. This contract is subject to Federal Acquisition Regulations (FAR),…