Commerical Item Solicitation AG-84N8-S-11-0039.doc

AG-84N8-S-11-0039

ROADSIDE BRUSHING – FISHLAKE NATIONAL FOREST

AG-84N8-S-11-0039

ROADSIDE BRUSHING – FISHLAKE NATIONAL FOREST

REGION 4 UTAH AQUISTION SUPPORT CENTER INSTRUCTIONAL COVER SHEET

issuing office:

U.S. Department of Agriculture

Forest Service

Utah Acquisition Support Center

2222 west 2300 south Salt Lake City, UT 84119

FAX (801) 975-3483

solicitation no. AG-84N8-S-11-0039 offers are solicited for: ROADSIDE BRUSHING – FISHLAKE NATIONAL FOREST important – notice to offeror:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE TO THIS SOLICITATION:

1.SF-1449 Request For Quotation (Complete, date, and sign)

2.Section I – Schedule of Items (Page 4). (Complete Unit Price and Amount)

3.Experience Questionnaire (Pages 26-27)

4.Representations and Certifications (Pages 33-44). (Complete the Representations and Certifications electronically in the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov) IT IS REQUIRED YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE OR FAX COVERSHEET.

Return to:

USFS - Region 4

Utah Acquisition Support Center

2222 West 2300 South

Salt Lake City, UT 84119

Solicitation No. AG-84N8-S-11-0039 Please keep a copy of your quote for your records.

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE CENTRAL CONTRACTOR REGISTRATION DATABASE PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSE 52.205-7 Central contractor registration FOR DETAILS ON HOW TO APPLY.

all solicitations shall be issued through fedbizops. no paper solicitations shall be issued.

it is the offerors responsibility to watch for any and all amendments to the solicitation, which shall be issued electronically through fedbizops.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

AG-84N8-S-11-0039

6. SOLICITATION ISSUE DATE

14-APR-2011

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

Tamera Draper

b. TELEPHONE NUMBER (No collect calls)

(801) 975-3370

8. OFFER DUE DATE/LOCAL TIME

28-APR-2011

4:00 p.m. MST

9. ISSUED BY

CODE

UTAH ACQUISITION SUPPORT CENTER

2222 WEST 2300 SOUTH

SALT LAKE CITY, UT 84119

FORMCHECKBOX

UNRESTRICTED or FORMCHECKBOX

SET ASIDE: 100 % FOR

FORMCHECKBOX

Small Business FORMCHECKBOX Emerging Small Business

FORMCHECKBOX

Hubzone Small Business FORMCHECKBOX 8(A)

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Service-Disabled Veteran Owned Small Business

NAICS: 115310

SIZE STANDARD: $7.0 Million

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13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

11. Delivery for FOB Destination unless Block is Marked

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See Schedule

12. Discount Terms

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO

See Delivery Schedule Same as Block 9

17a. CONTRACTOR/

OFFEROR

FACILITY

TELEPHONE NO.:_____________________________________

DUNS NO:_____________________ TIN No. ___________________________ U.S. Dept. of Agriculture National Finance Center

P.O. Box 60000

New Orleans, LA 70160-0001

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

FORMCHECKBOX

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

ROADSIDE BRUSHING

PLEASE PLACE YOUR QUOTE IN

SECTION I- SCHEDULE OF ITEMS

Site Visit – A site visit is not scheduled

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

FORMCHECKBOX

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

FORMCHECKBOX

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

28. FORMCHECKBOX

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _____ COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. FORMCHECKBOX

AWARD OF CONTRACT: REF. ___________________ OFFER DATED _________________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV. 3/2005)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

FORMCHECKBOX

RECEIVED FORMCHECKBOX

INSPECTED FORMCHECKBOX

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ___________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

FORMCHECKBOX

COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

37. CHECK NUMBER

PARTIAL

FINAL

42.b. RECEIVED AT (Location)

Standard Form 1449 (REV. 3/2005) Back

SECTION I--SUPPLIES OR SERVICES AND PRICES

Roadside Brushing – Fishlake National Forest I.1-Schedule of Items ITEM 1 – Roadside Brushing – Fishlake National Forest

PRICE

I-2–Basis of Award A purchase order will be awarded to the offeror considered best value to the Government as determined by the Contracting Officer. Best value will be determined by evaluating the contractor’s past experience and past performance in similar projects and price. Award may not necessarily be made to the offeror submitting the lowest quote. Technical abilities and price are given approximately equal consideration. Safety and associated plans will also be considered.

Business/Contractor Name:

Signature of person authorized to make this quote:

Expiration date of quote:

Date:

SECTION II-DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

GENERAL SPECIFICATIONS

II-1 - OBJECTIVES AND SCOPE OF CONTRACT

The Government is in need of Performance Based Services for Road Side Brushing that will result in removal of encroaching vegetation. The services covered in this contract include the furnishing of all labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to perform roadside brushing on roads specified herein, in compliance with the terms, specifications, conditions, and provisions of this solicitation.

II-2 - DESCRIPTION AND LOCATION

Location for performance is on the Fishlake National Forest and consists of National Forest System Roads (NFSR) 40089 Oak Creek; 40100 Chalk Creek; 40106 Corn Creek-Pahvant; 40113 Kimberly; 40123 Big John-Marysvale; 40126 Cottonwood-Bullion; 40137 Kents Lake-Labaron; 40068 Monroe Mtn; and 40071 Dry Canyon. This will encompass about 90 miles of brushing on the above roads.

An excavator with a brushing head attachment (brushing head must be able to cut and chip material) shall be utilized to perform the bulk of the work; alternative equipment may be utilized for trimming branches. Equipment must be of efficient size and horse power to operate the head at sufficient RPM’s to cleanly cut vegetation without tearing and leaving behind sharp jagged stubble. The machine must be able to mulch or chip material and deposit the debris on the slopes without leaving large amounts of debris on the road or in the roadside ditches. The equipment used to perform this work shall be in good mechanical and operating condition.

II-3 – DEFINITIONS

Bid Schedule--The Schedule of Items.

Bridge--No definition.

Contractor--The individual or legal entity contracting with the Government for performance of prescribed work. In a timber sale contract, the contractor is the “purchaser”.

Culvert--No definition.

Right-of-Way--A general term denoting (1) the privilege to pass over land in some particular line (including easement, lease, permit, or license to occupy, use, or traverse public or private lands), or (2) Real property necessary for the project, including roadway, buffer areas, access, and drainage areas.

Adjustment in Contract Price--“Equitable adjustment,” as used in the Federal Acquisition Regulations, or “construction cost adjustment,” as used in the Timber Sale Contract, as applicable.

Change--“Change” means “change order” as used in the Federal Acquisition Regulations, or “design change” as used in the Timber Sale Contract.

Design Quantity--“Design quantity” is a Forest Service method of measurement from the FS-96 Forest Service Specifications for the Construction of Roads and Bridges. Under these FP specifications this term is replaced by the term “Contract Quantities”.

Forest Service--The United States of America, acting through the Forest Service, U.S. Department of Agriculture.

Neat Line--A line defining the proposed or specified limits of an excavation or structure.

Pioneer Road--Temporary construction access built along the route of the project.

Purchaser--The individual, partnership, joint venture, or corporation contracting with the Government under the terms of a Timber Sale Contract and acting independently or through agents, employees, or subcontractors.

Protected Streamcourse--A drainage shown on the plans or timber sale area map that requires designated mitigation measures.

Road Order--An order affecting and controlling traffic on roads under Forest Service jurisdiction. Road Orders are issued by a designated Forest Officer under the authorities of 36 CFR, part 260.

Schedule of Items--A schedule in the contract that contains a listing and description of construction items, quantities, units of measure, unit price, and amount.

Utilization Standards--The minimum size and percent soundness of trees described in the specifications to determine merchantable timber.

II-4 – ENVIRONMENTAL PROTECTION

Design and locate equipment repair shops, stationary refueling sites, or other facilities to minimize the potential and impacts of hazardous material spills on Government land.

Before beginning any work, submit a Hazardous Spill Plan. List actions to be taken in the event of a spill. Incorporate preventive measures to be taken, such as the location of mobile refueling facilities, storage and handling of hazardous materials, and similar information. Immediately notify the CO of all hazardous material spills. Provide a written narrative report form no later than 24 hours after the initial report and include the following:

· Description of the item spilled (including identity, quantity, manifest number, and other identifying information).

· Whether amount spilled is EPA or state reportable, and if so whether it was reported, and to whom.

· Exact time and location of spill including a description of the area involved.

· Containment procedures.

· Summary of any communications the Contractor had with news media, Federal, state and local regulatory agencies and officials, or Forest Service officials.

· Description of clean-up procedures employed or to be employed at the site including final disposition and disposal location of spill residue.

When available provide copies of all spill related clean up and closure documentation and correspondence from regulatory agencies.

The Contractor is solely responsible for all spills or leaks that occur during the performance of this contract. Clean up spills or leaks to the satisfaction of the CO and in a manner that complies with Federal, state, and local laws and regulations.

II-5 – WEED AND DISEASE PREVENTION

This work consists of washing and treating construction equipment to remove seeds, plants, and plant fragments from the equipment before the equipment is used on National Forest System lands.

Notify the CO in writing at least 15 days before moving any construction equipment onto National Forest System lands. Construction equipment does not include cars, pickup trucks, and other vehicles that regularly travel between the construction site and areas outside of National Forest System lands.

Perform all work at a location designated on the plans or other locations approved in writing. Provide the CO with an opportunity to monitor the washing and inspection.

Use a high pressure washing system.

For work on National Forest System lands, use a washing system that traps all wash water and either stores it for removal from National Forest System lands or recycles the water for continued use. If the equipment recycles the water, provide adequate filters for seed removal. Dispose of the filter material and removed seeds in an approved manner. Do not mix soaps, detergents, or other chemicals with the wash water.

For work at a commercial washing facility, use an approved facility.

Wash the sides, tops, and undercarriages of all construction equipment. Remove all seeds, plants, plant fragments, dirt, and debris from the construction equipment.

Inspect the washed construction equipment, including the undercarriage, to ensure that the washing removed the dirt, debris, and seeds from the construction equipment. Rewash the construction equipment as necessary or as directed.

II-6– CONTRACT TIME

(a) Contract time is 90 consecutive calendar days following the notice to proceed. The count of calendar days to be charged against contract time will begin on the calendar day established by the Contracting Officer’s written notice to proceed with the work, and will continue through the date of completion less time between Suspensions and Resume Work Orders. When winter weather sets in and the continuation of work is impractical, upon written request by the Contractor, the Contracting Officer may authorize a total suspension, until winter weather has passed and work can proceed.

(b) During period of total suspension, emergency work or minor operations not affected by or not connected with the cause of suspension may be permitted by the Contracting Officer without charge against contract time.

(c) No work shall occur during the following times:

· Memorial Day weekend including the Friday prior to, the day following Memorial Day and all days in between.

· Fourth of July weekend including the Friday prior to, the day after the actual 4th of July and all days in between.

· The 24th of July weekend including the Friday prior, the Monday after and all days in between.

· Labor Day weekend including the Friday prior to, the day following Labor Day and all days in between.

· The opening weekend of the General Season Spike Bull Hunt including the Thursday prior to and Tuesday after the opening day and all days in between.

· The General Deer Hunt including the Thursday prior to, the day after the hunt closes and all days in between.

II-7 – SITE VISIT

A site visit is not planned for this project. Contractors are urged and expected to inspect the general areas where the services are to be performed to satisfy themselves regarding all general and local conditions that may affect the cost of contractor’s performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

II-8- MOVING OF EQUIPMENT AND SUPPLIES

The moving of equipment, accessories, support equipment, and personnel to the point of hire and from the point of release shall be paid at the lump sum mobilization amount as shown in the Schedule of Items. One lump sum mobilization payment will be made.

II-9 - REPLACEMENT OF EQUIPMENT

Contractor shall provide quality equipment capable of safely performing the work under the terms of the contract. If equipment is rejected because it does not meet minimum requirements, including but not limited to safety and operability, or if it becomes inoperative, the Contractor shall correct the deficiencies or furnish replacement equipment meeting contract requirements within 2 days. All repairs are the complete responsibility of the Contractor.

II-10 - POLLUTION AND EROSION CONTROL

During all operations under this contract, the contractor shall exercise reasonable measures to keep the drainage systems functioning effectively and to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes from the Contractor’s operations including camps, parking areas and equipment maintenance areas shall be stored and collected in a sanitary manner and disposed of in a State-approved sanitary landfill.

II-11 – PERFORMANCE SPECIFICATIONS

(a) – Road Side Brushing. This work consist of removal and disposal of limbs, residual brush, live roadside brush and trees which are within or encroach upon the designated clearing limits on both sides of the roadway. The clearing limits are shown in a typical section, Exhibit A. This includes a horizontal distance of 8 feet horizontal distance from the road shoulders. Clearing limits shall include turnouts.

(1) – All hardwoods and brush within 8 feet of the shoulders of the road shall be removed. All conifers having a trunk diameter of 8 inches or less within 8 feet of the shoulders of the road shall be removed. Trunk diameter shall be measured 4 feet above ground level. Brush and trees shall be cut off leaving a stump height no higher than 6 inches above ground level.

(2) - All brush, slash, and trees shall be cut off cleanly, with no material left partially cut, splintered, bent over, or matted down.

(3) - All removed brush and trees on the upgradient side of road and all removed brush on the downgradient side of the road shall be chipped to ensure no more than 10 percent of chipped debris exceeds 12 inches in any dimension. Felled trees on the downgradient side of road may be left intact without chipping.

(4) - Debris shall be distributed along brushed slopes and/or outside of the clearing limits and shall be dispersed in such a manner as to prevent heavy accumulations.

(5) – Branches on trees with trunk diameters greater than 8 inches and branches extending inside the clearing limits from trunks located outside the clearing limits shall be trimmed from ground level to a clearing height of 14 feet above the roadway or to a limit of 60% of the tree’s height, whichever is less. Branches shall be trimmed as near flush with the trunk as practicable and shall be cut off cleanly, with no material left partially cut or splintered.

(6) - Clearing limits at curves shall extend through the inside of curves sufficient to provide motorists with visibility of oncoming traffic. Clearing beyond 8 feet horizontal distance may be required in these instances; in such cases all hardwoods and brush in the area beyond 8 feet horizontal distance from road shoulders shall be removed and conifers in areas beyond 8 feet horizontal distance from road shoulders shall be thinned to approximately a 12-foot trunk spacing unless otherwise marked or directed by COR. Clearing limits along outside of curves shall be reduced to 4 feet from the shoulder of the road.

(7) – Vegetation within 25 feet of stream channels will only be cut when necessary to provide for safety sight distance. The horizontal distance from the shoulder on the fill slope may vary to protect the streams and will be agreed upon between the contractor and the COR.

(8) – Waterways and drainage facilities must be kept clear of any debris and materials handled during the performance and work shall not result in interference or obstruction of water flow.

(9) – No brush, slash or other material shall be disposed of in streams or rivers.

(10) – All brush shall be removed from the roadway at the end of each day.

II-12- SIGNING AND PUBLIC SAFETY.

The Contractor shall provide signs, other devices, and traffic control for occupied work areas in accordance with National standards as contained in Part VI of the Manual of Uniform Traffic Control Devices (MUTCD) and these specifications. All signs and devices remain the property and responsibility of the Contractor.

(a) - Traffic Conditions

(1) - Roads shall be open to traffic unless otherwise approved in writing by the COR.

(2) - One lane roads shall be available for one lane channelized passage of traffic at all times unless approved in writing by the COR.

(3) - On roads closed with gates, the gate will remain closed during the period of operations. The gate shall be opened only to allow passage of the Contractor and his/her equipment and then be closed, unless otherwise approved in writing by the COR. The Contractor shall not hunt behind a closed gate, nor transport hunters or game, when equipment is behind that gate.

(b) Devices

(1) - Required signs can be mounted on portable or temporary mountings. Standard MUTCD legends shall be used.

(2) - Traffic approaching the work area from either direction and side approaches shall be warned by signing.

(3) - Signs will, at all times, be within one mile of the operating equipment or personnel.

(4) - Hazards incidental to the work within or on the traveled way, shoulders, or turnouts shall be marked with hazard identification, illuminated beacons, or other MUTCD devices to safely guide road users through the area. Work shall be scheduled to provide for completion of segments on a daily basis so that no obstacles are left in roadway.

(5) - Advisory speed plates may be used by the contractor to control traffic through the work area.

(c) - Equipment

(1) - All vehicles and machinery operating on or from the traveled way or road shoulder shall have flashing 4-way or top mounted flashing amber lights or rotary beacons operated continuously while work is in progress.

(2) - Back-up horns shall be required on all self-propelled equipment in excess of 8,000 lbs.

gross weights.

(3) - Vehicles and machinery not currently used in the Contractor's operation shall be parked off the traveled way at approved locations to minimize interference with the normal use of the road. Track mounted machines shall not be used on paved surfaces.

(4) - Use of motorized equipment other than handheld equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the Contracting Officer.

II-10 - REMOVAL OF OBSTRUCTIONS

All fallen trees, limbs, or brush in the travelled way or road ditch line shall be removed and scattered outside the travelled way; for major obstructions contact the COR.

II-11 - DAMAGE TO STRUCTURES

The Contractor shall be held liable and is responsible for any damage caused by his/her personnel or equipment to any existing cattle guards, culverts, signs, and riprap protecting culvert inlets or fill slopes. Repair to these structures shall be at the Contractor's expense.

II-12-FIRE PRECAUTIONS

This plan outlines the channels of responsibility for fire prevention and suppression activities and sets up an attack procedure in the event of fire within the Project Area. The Project Area is defined as that area which is in and adjacent to the project rights-of-way and work areas and all roads used in connection with the work.

I. RESPONSIBILITIES

A. Contractor Fire Suppression

1. It is understood and agreed that the Contractor will do all in his power to prevent and suppress fires on or adjacent to the Project Area, as stipulated in the contract.

2. Is responsible for and will direct all fires activities on the project until relieved by a Forest Officer and will insure that prevention and suppression action are in accordance with contract requirements, including this fire plan. He will delegate the next higher in authority on the job to be responsible for the above activities when he is not on the project.

3. In line with this agreement, men will be supplied from the Contractor's crew to fight fires on the project area up to the total number of men employed by the Contractor as they are needed by the Fire Boss. The Forest Service will make every effort to avoid calling on the Contractor for action on fires outside the Contract project area except in emergencies and will call out all needed available help to control fires in the general area.

4. The Contractor issures that this Fire Plan will be complied with by him and his employees for the duration of the contract.

B. Forest Service District Ranger

1. Is responsible for all fire activities on the Ranger District on which the contract project is located. He or his representative will discuss the fire plan with the Contractor and will discuss with him the equipment and manpower action to be taken when a fire occurs. He will notify the Contractor through the Contracting Officer's Representative (COR) to take correction measures when fire requirements are not complied with.

II. CONTRACTOR'S RESPONSIBILITY WHEN A FIRE OCCURS WITHIN THE CONTRACT PROJECT AREA A. He will immediately send the entire contract crew with tools and equipment t o the fire and take initial-attack suppression action.

B. Immediately notify the nearest Forest Service Fire Control Officer or other Forest Service employee of fire location and action taken

C. Designate a man to act as dispatcher who will handle messages and initiate action upon request until relieved.

III. CONTRACTOR FURNISHED MANPOWER, TOOLS, AND EQUIPMENT REQUIRED ON ALL

CONTRACTS (PROJECTS) DURING FIRE SEASON

A. The Contractor shall furnish to the COR a list of manpower and equipment used on the contract on forms furnished by the Forest Service. Changes in Contractor's personnel shall be reflected in amendment to the list.

Fire Prevention. Smoking will be prohibited in the woods during the fire season, May 10 through October 20, except in areas agreed upon by the Contractor and Contracting Officer's Representative. No smoking is permitted while walking or working in the woods.

Refueling Chainsaw/Soil Auger. Refueling will be confined to a six-foot diameter cleared to mineral earth. Chainsaws/soil auger sparks arrester shall be U.S. Forest Service approved, and will be cleaned daily. A size "0" or larger round-pointed shovel with a minimum of a 38-1/2" handle and a fire extinguisher shall be within 10 feet of actual point of chainsaw/soil auger operation.

Burning, Blasting, or Welding. Permit will be required and will contain special stipulations pertinent to the particular job.

Spark Arresters. All internal combustion power equipment used by the Contractor on the project shall be equipped with an approved spark arrester as set forth in the publication of the USDA Forest Service, entitled "Standard 5100-1a for Spark Arresters for Internal Combustion Engines" as amended under date of July 1970, and be listed in the most recent "Spark Arrester Guide" as having been approved as meeting above standard. They shall be cleaned regularly and maintained in satisfactory working condition. The following are exempt from the requirements of the rule:

(a) Turbo-charged internal combustion engines in which 100 percent of the exhaust gasses pass through a turbo-charged;

(b) Engines of passenger carrying vehicles and light trucks equipped with a muffler with baffles that are kept in good repair (glass packs are not an approved muffler for wildland work);

(c) Water pumping equipment used in firefighting.

Spark arresters must comply with all State and Federal fire requirements.

Lunch and Warming Fires. Cooking and warming fires will not normally be permitted and then only by written permit by the COR which contain stipulations regulating use of such fires.

Hand Tools. The Contractor shall furnish one size "0" shovel (38-1/2" handle minimum) or larger, one axe, or pulaski with 26" handle or larger, and one 5 BC or larger rated pressurized fire extinguisher for each truck, each personal vehicle, each tractor, and each grader. For each welder he shall furnish one size "0" shovel and one backpump pump. For each gasoline power tools (power saw, soil auger, etc.), one shovel (38-1/2" handle minimum) and one 8-ounce or larger BC rated chemical-pressurized fire extinguisher.

Contractor shall also furnish any other equipment called for elsewhere in the contract. The shovel and fire extinguisher will be located within 10feet of the operating chainsaw/power auger.

Storage and Parking Areas. Equipment service area, parking area, and gas and oil drum storage areas will be cleared of all flammable material for a radius of at least fifty feet. These areas must be approved in writing by the Contracting Officer's Representative in advance of use. Small stationary engine sites shall be cleared of flammable material for a radius of at least fifteen feet from such engine.

Fire Tool Box. A red fire tool box will be required to be on each work site while work is being performed. This fire tool box will contain sufficient tools to equip all persons engaged in Contractor's operation. Fire tools shall be used only for suppressing wildfires. Tools shall be stored in fireboxes provided by the Contractor and readily available to employees. Each tool box shall be marked, "Tools for Fire Only." The COR will inspect the fire tool box and then seal the box.

II-12: Contracting Office

The Utah Acquisition Center of the United States Forest Service, Department of Agriculture is responsible for this solicitation, award and administration of the contract. All written correspondence shall reference the contract number and/or solicitation number.

Communications shall be directed to

Contracting Officer, USDA-FS

Utah Acquisition Support Center

2222 West 2300 South, 2nd Floor

Salt Lake City, UT 84119 AGAR 452.211-72 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION III - CONTRACT CLAUSES

III-1-52.212-4 -- Contract Terms and Conditions -- Commercial Items (Jun 2010)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

(End of Clause)

III-2-52.237-70 Loss, Damage, Destruction or Repair (FEB 1988)

(a) For equipment furnished under this contract without operator, the Government will assume liability for any loss, damage or destruction of such equipment, not to exceed a total of $N/A except that no reimbursement will be made for loss, damage or destruction due to (1) ordinary wear or tear, (2) mechanical failure, or (3) the fault or negligence of the Contractor or the Contractor's agents or employees.

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

(c) All repairs to equipment furnished under this contract shall be made by the Contractor and reimbursement, if any, shall be determined in accordance with (a) or (b) above. Repairs shall be made promptly and equipment returned to use within 48 hours. In lieu of repairing equipment, the Contractor may furnish similar replacement equipment within the time specified. The Contractor may authorize the Government to make repairs upon the request of the Contracting Officer. In such case, the Contractor will be billed for labor and parts costs.

(End of Clause)

III-3-452.237-75 Restrictions Against Disclosure (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

(End of Clause)

III-4-452.204-70 Inquiries (FEB 1988) Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

(End of provision)

III-5-52.216-1 -- Type of Contract (Apr 1984) The Government contemplates award of a Performance…