AG84N8S160131_Carbaryl_Spraying_UWC_pdf.doc

AG-84N8-S-16-0131

REGION 4 UTAH AQUISTION SUPPORT CENTER INSTRUCTIONAL COVER SHEET

issuing office:

USDA - Forest Service

Utah Acquisition Support Center

2222 west 2300 south

Salt Lake City, UT 84119-2020

FAX 801-975-3483

solicitation no. AG-84N8-S-16-0131

Proposals are solicited for: UWC National Forest Campground Tree Spraying Project_Uinta-Wasatch-Cache National Forest set-aside: Small Business important – notice to offeror:

OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS WITH THEIR RESPONSE TO THIS SOLICITATION:

1. RFQ SF1449 Solicitation form (Complete, date, and sign) (Page 3)

2. Schedule of Items (Page 3-5)

3. Experience Questionnaire ( Page 41-43)

4. Copy of Pesticide Applicator’s license with the State of Utah (Utah Department of Agriculture and Food) showing the license is approved for “Forest”

IT IS REQUIRED THAT YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE.

Return to: Utah Acquisition Support Center

2222 West 2300 South

Salt Lake City, UT 84119-2020

Solicitation No. AG-84N8-S-16-0131

FAXED QUOTES WILL BE ACCEPTABLE: FAX 801-975-3483

It is required that all contractors be registered in the System For Award Management database prior to award under this solicitation. See clause 52.204-7 System for Award Management for details on how to apply. Websites: www.sam.gov or www.acquisition.gov effective april 22, 2012 – Remember to complete/update your new certification FAPIIS through SAM.

REQUEST FOR QUOTATION

PAGE OF PAGES

AND/OR DMS REG. 1

USDA – Forest Service Utah Acquisition Support Center

2222 West 2300 South

Salt Lake City, UT 84119-2020 See Contract Time

FOB DESTINATION

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

Uinta-Wasatch-Cache National Forest Campground Tree Spraying Project:

Heber-Kamas Ranger District (Wasatch County-Summitt County); Salt Lake Ranger District (Salt Lake County) UWC National Forest, Utah

PLEASE PLACE YOUR QUOTE IN SECTION B - SCHEDULE OF ITEMS

12. DISCOUNT FOR PROMPT PAYMENT

are not attached.

DUNS No._____________ TIN No._____________________

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

UWC Tree Spraying Project – Carbaryl 4L Treatment Heber-Kamas Ranger Districts Uinta-Wasatch-Cache National Forest

Various Counties, Utah B- 1 Schedule of Items

Carbaryl 4L in campgrounds along the Lower Mirror Lake Highway

Carbaryl 4L in campgrounds along the Upper Mirror Lake Highway

Carbaryl 4L in the Big Cottonwood Canyon

B- 2 Basis of Award

*The Government will consider multiple awards depending on whether the contractor has the capability of handling all items concurrently at the same time. As stated in evaluation for award (b). Offer of award will be made to the Quoter(s) whose quote(s), as determined by the Contracting Officer, provides the best value to the Government, considering but not limited to, such factors as price, past performance, and capability to accomplish this type of work. The Experience Questionnaire will be used as part of this evaluation.

QUALIFICATION OF QUOTE:

“I wish to be considered for (check appropriate box): [ ] Item 01 [ ] Item 02 [ ] Item 03 NOTICE TO OFFERORS: Funds have been reserved but are not presently available for this project. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

B- 3 Written Acceptance Any Purchase Order resulting from this solicitation will require written acceptance within 10 days of receipt by the Contractor.

PROJECT LOCATION: Project sites are located on the Uinta Wasatch-Cache National Forest, Utah

INSPECTION OF WORKSITE: The Offeror acknowledges they have taken the necessary steps to ascertain the nature and location of work, and have investigated and satisfied themselves as to the general and local conditions that can affect the work or its cost. Any failure of the Offeror to take the actions described and acknowledged in this paragraph will not relieve the Offeror from the responsibility of estimating properly the difficulty and cost successfully performing the work, or for proceeding to successfully perform the work without additional expenses to the Government.

PRE-BID SITE VISIT: A Pre-bid site visit is not scheduled for this project. For further information, please contact Jim Gibson at 435-783-4338.

START WORK DATE/COMPLETION DATE: Start work date is no earlier than September 7, 2016 and project must be completed by September 23, 2015.

APPROXIMATE CONTRACT TIME: 17 DAYS

Name of Company (please print):

Signature of Agent:

DUNs Number:

Date:

PART III – DESCRIPTION

1. SCOPE OF CONTRACT

The Contractor shall furnish all labor, equipment, supervision, transportation, supplies and incidentals necessary to spray up to approximately 6217 Engelmann Spruce trees on the Heber-Kamas and Salt Lake Ranger Districts to prevent Spruce Bark Beetle attacks.

2. LOCATIONS

All trees to be sprayed are located within Campgrounds on the Heber-Kamas Ranger District and the Salt Lake Ranger District of the Uinta-Wasatch-Cache National Forest.

The attached maps show project areas.

3. GOVERNMENT-FURNISHED PROPERTY

Drafting water sources are available in nearby creeks and reservoirs; however mixing must be done at the spray site in an approved location. During drafting operations the fill hose must be held away from the tank in order to prevent backflow in the event of a pump failure. It is the contractor’s responsibility to determine an appropriate water source and bid accordingly.

4. CONTRACTOR-FURNISHED PROPERTY

The Contractor shall furnish all equipment necessary to complete the work.

Contractor's equipment shall meet the following minimum requirements:

1. Hose on Contractor's spray rig shall be capable of reaching 300 feet.

2. The applicator must use a hydraulic power sprayer with the ability to maintain a minimum psi (pounds per square inch) of 400 at the nozzle during the application. (ie: 400 PSI while spraying the trees versus 400 PSI before pulling the trigger on the spray gun to spray the trees). The nozzle should be a washer nozzle with a #8 (or metric equivalent) orifice or larger. A #10 (or equivalent) must be used on trees greater than 24”DBH.

3. All gauges on contractor’s equipment will be in accurate working and readable condition.

4. New insecticide product or one that has been properly stored (according to label specifications) no more than one year from date of purchase.

Chemical to be used shall be registered for bark beetles and be properly formulated at a 2% active ingredient solution, following label directions for bark beetles. The insecticide shall be Carbaryl 4L with an added sticking/buffering agent. Water will be buffered to a PH < 7 prior to mixing.

5. Contractor to furnish equipment needed to draft water from designated water source, including backflow prevention devices in order to prevent contamination.

6. Contractor to furnish covering material (4 mil plastic sheeting or equivalent) for all tables, benches, fire pits, water pipes and spouts within 50 feet of any tree designated for spraying.

5. SUPPLEMENTAL SPECIFICATIONS/ADDITIONAL INFORMATION

Designated trees – The trees to be sprayed have been designated with paint marks near the base of the tree. The trees are located within several campgrounds as shown in table 1. See also the attached maps.

Required level of application- All bole surfaces, including the root collar and any exposed roots, must be sprayed to the point of runoff. The point of runoff occurs when solution can be seen running down the bole of the tree, not just when it looks wet or damp. This results in a wetting of the area underneath bark flakes where beetles often attack. The applicator cannot chose to ignore a particular face of the tree due to a heavy component of tree branches on one or more bole faces. This means the applicator may have to reposition up to 3 - 4 times to ensure coverage of all bole faces, depending on the tree size. Tree boles will be treated to a spray height of 50 feet. On smaller diameter trees, spray height should reach up to a bole diameter of 6 inches if that occurs at less than 50 feet.

Estimated number and diameter (breast height, dbh) of trees to be sprayed - See the following tables for the number of trees designated to be sprayed in each area and the diameters of those trees. The contractor is responsible for visiting the sites prior to bidding and verifying the diameters and condition (height, limbs, etc.) of the trees. Payment will be based on the actual number of trees sprayed during the project as tallied by the inspector crew and COR. This will be somewhat different from this estimate due to changes in late summer from current bark beetle activity.

Table 1 Estimated Number of Spray Trees x Diameter Class

Access to designated trees. Contractor shall be required to keep all vehicles on established roads. All designated trees will be within 300 feet of established roads and campground spurs.

Covering materials. Contractor shall cover with 4 mil plastic sheeting all tables, benches, fire pits, water pipes and spouts, within 50 feet of any tree designated for spraying. Structures such as pavilions and toilet buildings will be protected from direct spray hitting the sides or doors. Care will be taken when moving the tarp to other coverings that the ‘wet’ side stays up.

Weather Conditions. The COR or inspector may shut down spraying operations at any time when the COR or inspector determines that rain is causing inadequate tree bole bark saturation from the sprayed solution, or that rain is imminent in the forecast within 4 hours of application. The COR or inspector may shut down operations at any time when the wind speed is 7 miles/hr or greater.

Stream Buffers. No trees will be sprayed within 75 feet of live water or under conditions which would promote drift into these buffer zones. If trees are designated within the buffer zone the contractor will notify the COR and the trees will not be sprayed.

Work Schedule. Work will not be performed on weekends due to heavy recreational use. Contractor spray and mixing operations will be limited to a 10.5 hour day including 0700 to 1730.

6. INSPECTIONS AND ACCEPTANCE

The Contractor is expected to ensure that the performed work meets standards set by this contract. The Government will inspect spray operations to verify compliance with specifications.

Inspections will consist of 4 parts:

1. Observation of mixing of the spray solution

2. Application of spray

3. Random sampling of spray mixture for later analysis

4. Inspection of individual trees to ensure adequate coverage.

Acceptance of the work performed will be based on the Government's inspection results, which will be considered conclusive. The Contractor or a designated representative is encouraged to observe the Government's inspections while they are underway.

Inspection Procedures

1) A minimum of a 1-pint sample of mixed spray solution will be collected and sent to a laboratory for analysis to ensure proper mixture and quality of chemicals. This sample(s) will be collected anytime during spray operations, at the discretion of the COR. Payment to the contractor may be delayed pending results from these tests.

2) Inspection will be done concurrently with spray operations in such a way as to not interfere with contract operations. Inspectors will observe each tree being sprayed. After the Contractor is satisfied that the tree has been sprayed according to specifications and moves to another area, the Inspector will begin inspection. Individual tree inspections will be performed as follows:

a) To ensure spray is reaching the proper height or top diameter of the tree, a minimum of 1 tree per 25 trees sprayed will be measured for spray height or diameter, as appropriate, depending on tree size.

b) A visual inspection, as well as a hands on inspection which will entail digging around the root collar and peeling off bark flakes on at least 3 sides of the tree to ensure that the tree has been saturated with insecticide.

3) If inspection determines a tree has not been sprayed according to specifications, the tree shall be re-sprayed.

9. SITE TOUR

A site tour is not scheduled. For further information, please contact Jim Gibson at 435-783-4338.

10. START WORK DATE/COMPLETION DATE

Start work date is no earlier than September 7th 2016, and project must be completed by September 23rd, 2016. Start date may be earlier depending on campground closure.

11. DESIGNATION OF CONTRACTING OFFICE REPRESENTATIVE

The Contracting Officer shall designate the Contracting Officer’s Representative (COR) in writing and the COR will likewise designate inspectors prior to or during the pre-work conference.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documentation executed by the Contracting Officer prior to completion of the contract.

12. PREWORK CONFERENCE

Prior to the commencement of work, a pre-work conference will be arranged by the CO with the contractor to discuss the contract terms and work performance requirements.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documentation executed by the Contracting Officer prior to completion of the contract.

Technical Specifications

Government Quality Assurance Quality assurance will be performed by the Government during the contract at regular intervals. 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.

Contractor Quality Control

The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to ensure contract standards are met.

Records of quality inspections shall be kept and made available to the Government throughout the performance period and for the period after contract completion until final settlement of any claims under this contract.

A description of the site specific quality control inspection plan shall be provided within thirty (30) days of contract award. The plan shall include; (1) control procedures for security of Government-provided items such as keys, and lock combinations; (2) location of the inspection documents; (3) corrective or preventive actions that will be taken to meet quality standards; and (4) a customer comments feedback system.

*(Biobased requirements - The Contractor shall provide data on the quantity and dollar value of biobased products used in this contract. The data will be submitted to the COR quarterly.

The Operation Plan must be reviewed and updated annually, and as required by the COR.

APPENDIX A – MAPS

Uinta-Wasatch-Cache National Forest

Map 1 – Bid Item 1

Map 2 – Bid Item 2

Map 3 – Bid Item 3

SECTION D – PACKAGING & MARKING

(There are no clauses associated with this section)

PART I - THE SCHEDULE

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 - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

E- 2 Additional Inspection and Acceptance Requirements E- 3 Quality Assurance Inspections

(a) The Government will perform periodic review of the Contractor's Quality Control Procedures, Plan, Inspection Reports, and customer comments.

(b) Quality Assurance Inspections will be made by random sampling or entire inspection of the work, and follow up of customer comments. When validating customer comments, the possible cause of unacceptable performance will be determined. If any Government action or lack of action was the cause, the complaint is not valid and deficiencies shall not be counted against the Contractor.

(c) Periodic means one (1) review each month, but may be done more frequently if necessary.

(d) Work that does not meet the contract requirements will be brought to the Contractor's attention. Repetitive or continuous failure to meet contract requirements may result in a quality adjustment to payment or the Contractor's right to proceed may be terminated.

PART I - THE SCHEDULE

SECTION F - DELIVERIES OR PERFORMANCE

F- 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 - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984) F- 2 Performance Period

Item No.

Approximate Starting Date

Contract Time (Calendar Days) 01-03

September 7, 2016

The Contractor shall maintain progress at a rate which will assure completion of work within the calendar time specified.

The Government may issue a notice to proceed as soon as weather and ground conditions are favorable for work. The count of contract time will start on the date specified on the notice to proceed. No project activites would take place during the Holiday Weekends.

PART I - THE SCHEDULE

SECTION G - CONTRACT ADMINISTRATION DATA

G- 1 Invoice Processing Platform (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors must enroll at https://www.ipp.gov/vendors/enrollment-vendors.htm. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

452.215-73 – Postaward Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 5 (five) days after the date of contract award. The conference will be held at a date and time that is mutually acceptable to both parties.

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 - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://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 AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: __Project Manager_____

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H- 3 AGAR 452.236-77 Emergency Response (NOV 1996)

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 Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

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-4 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- 5 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 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- 6 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- 7 Camping Provisions for Labor Intensive Contracts The following provisions apply to all camping on National Forest lands during performance of this contract:

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

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

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

(d) The campsite shall have a clean appearance at all times.

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

(f) Unless otherwise designated by the Contracting Officer, the use of this area is not exclusive, and may be granted to other Permittees, Contractors, or recreating public. Disorderly conduct is not permitted.

(g) Damaging or removing any natural feature or other property of the Forest Service is prohibited.

(h) Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area.

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

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

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

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

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

(1) Gauze pads (at least 4x4 inches)

(2) Two large gauze pads (at least 8x10 inches)

(3) Box adhesive bandages (band-aids)

(4) One package of gauze roller bandage at least 2 inches wide

(5) Two triangular bandages

(6) Scissors

(7) At least one blanket

(8) Tweezers

(9) Adhesive tape

(10) Latex gloves

(11) Resuscitation device such as resuscitation bag, airway, or pocket mask

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

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

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

(q) The Contractor shall comply with the following fire regulations during fire season:

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

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

(3) All generators and other internal combustion engines will be equipped with USFS approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in (2).

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

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

(s) The Forest Service reserves the right to terminate a camping permit at any time.

H- 8 Personal Protective Equipment

(a) The Contractor will train in the safe operation and use of equipment to all workers using such equipment.

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

(c) Defective or damaged personal protective equipment shall not be used.

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

(e) The Contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

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

(g) The Contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

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

H-9 Prework Conference

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.222-3 Convict Labor (JUNE 2003)

52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)

52.222-37 Employment Reports on Veterans (FEB 2016)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

52.222-41 Service Contract Labor Standards (MAY 2014)

52.222-44 Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (MAY 2014) 52.222-50 Combating Trafficking in Persons (MAR 2015)

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) 52.222.55 Minimum Wages Under Executive Order 13658 (DEC 2015) 52.223-6 Drug-Free Workplace (MAY 2001)

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

52.224-1 Privacy Act Notification (APR 1984)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.232-1 Payments (APR 1984) 52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-11 Extras (APR 1984)

52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (MAY 2014)

52.232-25 Prompt Payment (JUL 2013)

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

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.233-1 Disputes (MAY 2014) 52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.243-1 Changes--Fixed-Price (AUG 1987) Alternate II (APR 1984) 52.244-6 Subcontracts for Commercial Items (JUN 2016)

52.246-1 Contractor Inspection Requirements (APR 1984) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984)

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988)

452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.237-75 Restrictions Against Disclosure (FEB 1988)

I- 2 FAR 204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013

(a) Definitions. As used in this clause:

“Executive” means officers, managing partners, or any other employees in management positions.

“First-tier subcontract” means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor’s general and administrative expenses or indirect costs.

“Months of award” means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor.

“Total compensation” means the cash and noncash dollar value earned by the executive during the Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board’s Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation.

(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

(b) Section 2(d)(2) of the…