38_AG-9702-S-10-0077.doc

RFQ Road Maintenance

Solicitation No. AG-9702-S-10-0077

Carson National Forest

Tree Thinning

REQUEST FOR QUOTATION

PAGE OF PAGES

AND/OR DMS REG. 1

USDA Forest Service, EROC-SW Contracting 1323 Club Drive, Vallejo, CA 94592

30 DAYS AFTER NOTICE TO PROCEED

FOB DESTINATION

OTHER (See Schedule)

April Blodgett e-mail: ablodgett@fs.fed.us

21 DEC 09

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

The project is located in the Camino Real Ranger District, Carson National Forest, NM. The statement of work consists of thinning 147 acres of primarily White Fir, Douglas Fir, Engelmann Spruce, Corkbark Fir and Ponderosa Pine trees to silvicultural prescription. Slopes are moderately steep. The number of cut trees during the treatment is estimated to range from 200 to 2000 trees per acre.

Record prices on the attached schedule of items

This project is funded by the American Recovery And Reinvestment Act (ARRA). The appropriate ARRA clauses are attached and will be applicable to any resulting contract award.

12. DISCOUNT FOR PROMPT PAYMENT

are not attached.

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

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

Section B – Schedule of Items Tree Thinning

1. Furnish all equipment, labor, supplies, supervision, transportation, and incidentals to perform precommercial tree thinning and work in accordance with the specifications contained herein. Government furnished property or materials will not be provided.

2. Schedule of Items:

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

4. Contract Completion Requirement:

Item

(or Subitem) Estimated

Beginning Date

June 15, 2010 or within 10 days of contract award Contract Time 70 Calendar Days

The Contractor shall maintain progress at a rate which will assure completion of work within the calendar time specified above. The Government will 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 contractor signs the Notice to Proceed. A prework conference will be held as close to the starting date of contract time. If fire danger becomes extreme, the thinning may be stopped until conditions become less severe. No days will be charged against contract time during this time period. Contract time will be suspended if winter weather conditions preclude access to the project area.

5. Measurement

The acreages were measured on a horizontal plane within the established boundaries.

The Contractor may at any time after award but before final invoice is submitted, request remeasurement of any treatment area. The request will be made in writing. Remeasurement must be made within the established boundaries of the treatment area. If remeasurement indicates a variance of 5 percent or less from the acreages stated in the contract, the Contractor shall pay for the actual cost of remeasurement, and no adjustment shall be made in the acreage. If remeasurement indicates a variance greater than 5 percent from the acreages stated in the contract, payment will be based on the remeasured acreage, and the government will pay for the remeasurement.

After inspection of completed acreage, the Contracting Officer will calculate the pay rate. The pay rate will be calculated by multiplying the inspection percentage times the contract unit price per acre. When the per cent of satisfactory thinning is 90 per cent or greater, payment will be made at the contract unit price. Pullback, lopping and scattering of slash will be considered incidental to thinning and no separate payment will be made.

The area will be thinned in an orderly manner to facilitate inspection and calculation of partial payments. The contractor may choose his starting point against the boundary and may proceed in the direction of his choice. However, the contractor will not be permitted to move to a new starting point and leave unthinned areas between completed areas. The order in which units are thinned will be determined by Contracting Officer or his representatives.

6. Cut Trees The average number of cut trees during thinning process is estimated to range from 200-2000 trees per acre in unit 1. Spruce budworm damage, Douglas-fir and ponderosa pine mistletoe, and broom rust are present within the thinning unit. The primary tree species to be cut is white fir and Douglas-fir in additon to ponderosa pine and Engelmann spruce.

SECTION C - DESCRIPTION OF WORK/WORK STATEMENT

1. Scope of Contract This contract requires tree thinning, lop and scattering of slash in addition to related work in compliance with its terms, specifications, and provisions. This includes furnishing labor, equipment, supervision, transportation, operating supplies, and incidentals except those items listed as government-furnished property.

2. Location/Description Unit Number Township Range Sections

T.25 N.

R.15 E.

11,14

Bid Item 1

Unit 1 is accessed by traveling east from the city of Taos on State Highway 64 approximately 18 miles to Forest Trail (FT) 1/284 (see Exhibit 2). Portion of Unit 1 may be walk-in access depending on road conditions after spring snow melt.

3. List of Specifications

Performance Standards Common To All Units

Selection Of Leave Trees

The contractor shall select the trees to leave. Leave trees shall generally be those of the tallest height, largest crown, and straightest stems that are free of damage due to insects, disease, physical, or mechanical causes. If no healthy undamaged tree exists at the required spacing interval, trees with minor damage may be left. If no healthy tree with minor damage exists, all trees shall be cut. Thin conifers trees 2’ tall to 12.0” Diameter Breast Height (DBH) to an average spacing of 25’X 25’with a 50% variance (12’-36’). Vary spacing to leave the best trees and to protect Red Squirrel habitat, leave all trees within groups where squirrel middens, clipping trees or squirrel nests occur. Leave all trees with active nests or cavities to protect bird nests and potential wildlife habitat and a clumpy appearance. Residual spacing is measured off all trees with the exception snags. No aspen shall be cut. Cut all snags up to 8.0” DBH. All other conifers under the maximum cut DBH limit of 12.0” that are not considered leave trees shall be cut.

4. Leave Tree Priorities

The contractor shall select leave trees in the following order:

a. Free from insect, disease, or mechanical damage

b. Healthiest crown

c. Tallest tree d.Straightest stem e.Preferred leave species

(1)Southwest White Pine

(2)Ponderosa Pine

(3)Douglas-fir

(4)Blue Spruce

(5)Engelmann Spruce

(6)White Fir

5. Cut Tree Priorities

The following trees shall be cut regardless of spacing:

All trees between 2 foot tall and 4.9” DBH that are infected with dwarf mistletoe.

All trees between 5.0” DBH and the maximum DBH of 12.0” with dwarf mistletoe infection ratings of 3-6 (See Exhibit 3).

All trees up to the maximum DBH of 12.0” with live crown ratios of 25% or less.

All trees up to the maximum DBH of 12.0” which have been severely defoliated:

a. 8 inches or more of the tree top is dead or

b. 75% or more of the tree's needles have been defoliated.

6. Stump Height – Removal Of Live Limbs Stump height shall not exceed 6 inches on the high side of the stump or 4 inches above natural obstacles. All felled trees shall be completely severed from the stumps. All live limbs below the stump height shall be removed, except when prevented by natural obstacles. Along roads, the high side of stump shall face toward the road where possible.

Piling: Piling is not required under the terms of this contract.

Bucking: Bucking is not required under the terms of this contract.

Lopping and Scattering: All slash created as part of the thinning process will be lopped to a depth of 2 feet from ground level. If slash depth cannot be met by lopping than rearranging of slash concentrations to achieve slash depth will be required.

Slash Pull Back: Slash shall be pulled back three feet from fenceline as not to accumulate along pasture/boundary fence in order to facilitate fence maintenance.

Hang-Up Trees: No cut trees shall be left hanging on leave trees. All hung up trees shall be brought to the ground.

Directional Felling: Trees along fenceline to be cut will be felled so as to not land on existing pasture/boundary fence. Trees will also be felled so as not to land on roads within thinning unit.

Pruning: When mistletoe infections are within 4 feet of the ground, the infected branches on the tree may be pruned off instead of felling the entire tree if spacing requirements are met.

7. Standard Definitions.

Acceptable Quality Level (AQL) - The maximum allowable deviation from perfect performance that may occur before the Government will invoke payment deduction. An AQL does not allow a contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

Defective Service - A unit of service which contains one or more defects, or nonconformance with specified requirements.

Performance Requirements Summary (PRS) - Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the contractor.

Quality Assurance - Those actions taken by the Government to assure services meet the requirements of the technical specification.

Contracting Officer’s Representative (COR) - A Government person appointed by the contracting officer to help the contracting officer with contract administration and surveillance.

Government Inspector - A Government person responsible for surveillance of contractor performance.

Quality Assurance Surveillance Plan (QASP) - An organized written document used for quality assurance surveillance. The document contains specific methods the Government will use to perform surveillance of the contractor.

Quality Control - Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

Random Sampling - A sampling method in which each service output in a unit has an equal chance of being selected.

8.Technical Definitions:

The following definitions are provided to aid in understanding:

Average Spacing - The average of the distances between all leave trees necessary to provide the desired number of leave trees per acre.

Bole - Tree trunk or main stem of a tree.

Bucking – Cutting the bole to specified lengths.

Buffer - A wide strip of uncut trees separating or bordering sensitive areas such as streams or riparian zones.

Co-dominant - Trees that are not as tall as dominants, with crowns receiving overhead light. They may be confined laterally by dominants and usually make up the main canopy with the dominants.

Conifer - A cone-bearing tree with needles.

Crook - A defect in trees, consisting of an abrupt curvature or bend.

Crown - That portion of a tree which has green needles or leaves.

Cut tree - Trees designated to be cut down.

D.B.H. (Diameter Breast Height) - Diameter of the trunk measured at a point 4-1/2 feet above the ground level on the uphill side of a tree.

DRC (Diameter root collar) – Diameter of the trunk of a tree measured at ground level.

Damage - Includes any defect or deformity of a tree resulting from agents such as wind, snow, animals, insects, disease, and equipment, and evidenced by such things as dead or broken tops or trunks, crooks, and deep scars.

Dominant - Trees that are somewhat above the general level of the canopy and are exposed to full sunlight from above and to a certain extent laterally.

Excess Trees - Uncut trees that do not meet specifications and should have been cut.

Excessive Damage - Contractor-caused damage to leave trees in excess of contract specifications. Excessive damage will include damage to the bole of the tree where the wood is exposed, broken out tops, root damage as evidenced by lean or splitting of the bole, and any tree pushed out of the soil.

Existing slash - Debris created prior to work under this contract (both natural and as a result of previous operations).

Girdling - A cut through the bark and cambium tissue completely encircling the tree trunk for the purpose of killing the tree.

Hang-up Tree - Any tree with one end suspended more than 3 feet off the ground.

Intermediate - Trees that are definitely subordinate in position receiving direct sunlight only through holes in the canopy. All trees of this class are subject to strong lateral competition.

Leave Trees - Any tree that is selected or required to be left standing as provided in the specifications.

Live Crown Ratio – Percent of live crown in relation to the total height of the tree.

Live Limb - A woody stem that exceeds 2 inches in length with green needles or leaves growing from the tree bole.

Lopping - Cutting limbs and boles of trees to reduce depth of slash created by felled trees.

Minor Damage - Crooks in the trunk which are offset less than 3 inches from the long axis and within 13 feet of the ground, no forks, broken top, or bark damage extending more than one-fourth of the circumference of the tree.

Missing Leave Trees - Those trees cut that should have been left.

Piling – Gathering and stacking of thinning slash into piles constructed and located as indicated by technical specification.

Pull-back - Pulling thinning slash, by hand methods, back into thinned unit to clear roadway, drainage ditches, culverts, stream channels, trails, etc.

Riparian - Vegetation bordering watercourses, lakes, bogs, and seeps.

Roads - The area between the outside edges of the fillslope and backslope.

Sanitation - The felling, pruning, or girdling of disease infected or disease susceptible trees to protect residual trees from infection.

Scattering – Moving and rearranging of slash concentrations to achieve slash depth required in the contract.

Shrub - A woody plant with no main stem which does not usually grow higher than seven feet (i.e., brush).

Slash - Limbs and trunks of downed trees and brush.

Spacing - The horizontal distance from the trunk of one leave tree to the trunk of the next nearest leave tree.

Sweep - Gentle curve anywhere in the bole of the tree.

Thinning - The removal of excess trees in order to accelerate growth on selected residual trees by reducing competition for soil moisture, nutrients, and sunlight.

Thinning slash - Debris created from work under this contract, including all cut trees and shrubs (tops, trunks, branches).

9.Inspections The Contracting Officer shall make periodic inspections. The Contractor or his representative is encouraged to observe the inspection and will receive inspection summaries upon request.

Inspection Plot Size and Sample Procedure Plot size specified for this contract will be 1/20th acre (26.3 feet) circular plots. A series of plots distributed over the entire unit sufficient to yield at least a 1-percent sample of each unit shall be taken. Plot centers shall be marked and numbered.

Inspection Quality Evaluation Each plot will be examined to record findings on the items listed below:

1. Number of leave trees that should have been left.

2. Number of trees that were left.

3. Number of missing leave trees.

4. Number of satisfactory leave trees.

5. Number of excess trees.

Upon inspection of all plots for a unit, the quality of thinning shall be calculated as follows:

(No. of missing leave trees + No. of excess trees) x 100 = Quality %

(No. of trees that should have been left)

10.Rework and Reinspection After Rework When inspection results are below 90 per cent and excess trees constitute any part of the deficiency, payment will not be made until the excess tree deficiency has been corrected. Inspections after rework will be made in the same manner as the first inspection but on different plot lines. The Contractor shall pay for inspections necessitated by the rework.

The COR or inspector may require the Contractor to rework any area that has not been thinned to specifications (for example, mistletoe infected trees that should have been cut or missed clumps of trees), even though the overall inspection for the unit may exceed 90 per cent.

11.Reinspection of Thinning Upon Contractor Request

If the original inspection results are unacceptable to the Contractor a second inspection will be done. However, the inspection pattern will be shifted. If the inspection procedure shows less than 5 per cent variance from the first inspection, the Contractor shall pay the cost of the second inspection, and the result of the first inspection will be used in determining payment. Requests for reinspection must be in writing.

Section M- Evaluation Factors of Award of Task Order

The criteria for this task order are:

The offers received under this request for quote (RFQ) will be evaluated under the terms and conditions of the basic IDIQ. However, past performance will be evaluated by submitting no more than three (3) of your most recent job completions and three (3) of on-going work in process of same or similar work. The jobs can consist of commercial and Government work. Please show and describe in detail all work on these past projects that relates to the work described in this RFQ. Also describe your technical approach for completing this request for quote in detail for evaluation. Please use the table below for your submissions. In accordance with the ordering instructions in the basic IDIQ contract, award of Task Orders will be based on the best value to the government considering past performance, technical approach and price.

Technical Approach for completion of this request for quote:

Basis for Award

· Award may not necessarily be made to the offeror submitting the lowest offer. Also, the award may not be made for technical capabilities that would appear to exceed those needed for successful performance of the work. The Government reserves the right to make cost/technical trade-offs that are in the best interest of the Government. It is anticipated that the award will be made to the firm with the best value, considering costs, technical proposal, and technical capabilities.

· The Government will award the contract to the offeror who (a) assents to the terms of the RFQ, and (b) has the best combination of community development proposal, experience, past performance, and price. Experience is a matter of the number of opportunities an offeror has had to do similar work and to encounter the kinds of problems that the contractor is likely to encounter in the performance of this contract. Past performance is a matter of an offeror's reputation for integrity and customer satisfaction. Quality control and the understanding of the work is a matter of the offeror's familiarity with the nature of the work and with the kinds of problems the contractor is likely to encounter during performance.

· The non-price factors are approximately equal to cost or price.

Award may be made without further discussions. Proposals should be submitted initially on the most favorable terms from a technical standpoint, which the offeror can submit to the Government. However, the Government may, after evaluation of the proposals, conduct further oral or written discussions as appropriate with all offerors whose proposals are within the competitive range.

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Mar 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

(End of clause) 52.204-11 American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009)

(a) Definitions. As used in this clause—

“Contract”, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

“First-tier subcontract” means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

“Jobs created” means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Jobs retained” means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Total compensation” means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of 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 Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. 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. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government’s on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor’s five most highly compensated officers, for the calendar year in which the subcontract is awarded if—

(A) In the subcontractor’s preceding fiscal year, the subcontractor received—

(1) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(End of clause)

52.215-2 Audit and Records—Negotiation (Mar 2009) Alternate 1 (Mar 2009)

(a) As used in this clause, “records” includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor’s plants, or parts of them, engaged in performing the contract.

(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor’s records, including computations and projections, related to—

(1) The proposal for the contract, subcontract, or modification;

(2) The discussions conducted on the proposal(s), including those related to negotiating;

(3) Pricing of the contract, subcontract, or modification; or

(4) Performance of the contract, subcontract or modification.

(d) Comptroller General or Inspector General. (1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials, shall have access to and the right to—

(i) Examine any of the Contractor’s or any subcontractor’s records that pertain to and involve transactions relating to this contract or a subcontract hereunder; and

(ii) Interview any officer or employee regarding such transactions

(2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating—

(1) The effectiveness of the Contractor’s policies and procedures to produce data compatible with the objectives of these reports; and

(2) The data reported.

(f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition—

(1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and

(2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved.

(g)(1) Except as provided in paragraph (g)(2) of this clause, the Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract. The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract.

(2) The authority of the Inspector General under paragraph (d)(1)(ii) of this clause does not flow down to subcontracts.

The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract.

(End of clause)

52.223-5 Pollution Prevention and Right-to-Know Information. (Aug 2003)

(a) Definitions. As used in this clause—

“Priority chemical” means a chemical identified by the Interagency Environmental Leadership Workgroup or, alternatively, by an agency pursuant to Section 503 of Executive Order 13148 of April 21, 2000, Greening the Government through Leadership in Environmental Management.

“Toxic chemical” means a chemical or chemical category listed in 40 CFR 372.65.

(b) Executive Order 13148 requires Federal facilities to comply with the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11001-11050) and the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13101-13109).

(c) The Contractor shall provide all information needed by the Federal facility to comply with the following:

(1) The emergency planning reporting requirements of Section 302 of EPCRA.

(2) The emergency notice requirements of Section 304 of EPCRA.

(3) The list of Material Safety Data Sheets, required by Section 311 of EPCRA.

(4) The emergency and hazardous chemical inventory forms of Section 312 of EPCRA.

(5) The toxic chemical release inventory of Section 313 of EPCRA, which includes the reduction and recycling information required by Section 6607 of PPA.

(6) The toxic chemical, priority chemical, and hazardous substance release and use reduction goals of Sections 502 and 503 of Executive Order 13148.

(End of clause) Instructions for Proposal Submittal The offeror shall submit their electronic offer through the Electronic Response feature associated with this solicitation on the Federal Business Opportunities website https://www.fbo.gov .

The instructions on submitting an offer utilizing the website can be found on page 35 of the user guide located at: https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf

Electronic responses are the PREFERRED method of submitting an offer. If the offeror does not have the technical capability to submit their offer electronically, they may submit one (1) printed copy and one (1) electronic copy on CD-ROM of their proposal that includes the items listed above.

All proposals shall arrive by the closing date for the receipt of proposals, 21 December 2009, at 2:00 p.m. PDT.

Proposals will be received at:

Electronic Submissions: www.fbo.gov Written Submissions with CD-ROM:

U.S. Forest Service

EROC-SW Contracting

RFQ: AG-9702-S-10-0077

Attn: April Blodgett

1323 Club Drive

Vallejo, CA 94592

FIRE PLAN

The contractor shall be responsible for the cost of suppressing all fires caused by his operation, and for all damage to any property of the USDA Forest Service or third parties. The USDA Forest Service reserves the right to participate in extinguishing any fires caused by the contractor’s operations and the contractor shall reimburse the USDA Forest Service for the cost of all suppression activities ordered or directed by the USDA Forest Service. The following requirements are a part of this solicitation and any resultant contract.

1. Fire Prevention – During periods of contract performance, fire requirements shall be met by the contractor.

2. Execution of Fire Plan

a. Forest Service personnel involved will, in all cases, coordinate through the Contracting Officer’s Representative (COR) except in cases of emergency or Forest closure.

b. The contractor shall designate a fire plan representative who shall be responsible for executing and carrying out the fire requirements.

c. The contractor shall include the fire requirements in all subcontracts.

d. The contractor shall assure that all contract employees are informed of the existence and conditions of the fire requirements.

3. Compliance Inspection

a. Inspection by the Forest Service will be made to insure compliance with the fire requirements.

b. Should any deficiencies appear during the inspection, the contractor will be informed and the deficiencies shall be corrected within 24 hours. Activities with the potential to start fires shall be halted until the deficiencies are corrected and the corrections approved by the COR.

c. The contractor’s fire plan representative shall make daily inspections to insure that the terms of the fire requirements are met at all times.

4. Fire Pre-suppression Requirements

a. Fire toolbox

(1) During contract performance, the contractor shall furnish and maintain, at the contractor’s expense, one fire toolbox at the campsite or some central location, as long as it is within ¼ mile of the location where the contractor is currently performing work.

(2) The fire toolbox is to be maintained with tools in good condition in the following quantities for each five people in the contractor’s work force. The equipment is for the sole purpose of firefighting. Four shovels, two axes, one Pulaski and five each 1-gallon canteens. Where needed, brush-hooks and McLeod tools may be substituted for shovels or axes.

(3) The fire toolbox shall be replenished by the contractor after each incidence of fire use.

b. Work Hours – The contractor shall restrict operations in accordance with the following emergency fire precaution schedule unless the COR waives the requirement in writing. Each day of operation when there is a predicted change in the fire precaution plan, the Forest Service will inform the contractor between 3 and p.m. MST (4 and 7 p.m. MDT). Notification will be made of the alphabetical industrial fire precaution plan (Exhibit 1) to be followed the next day within the local operating area. No later than 9 a.m. MST (10 a.m. MDT) the following day, the Forest Service will inform the contractor of any change in the fire precaution schedule.

c. Blasting – Use of caps and safety fuse detonators for blasting is not permitted during periods when fire precaution plan C or D is in effect. A fire guard shall be required in accordance with the enclosed emergency fire precaution schedule. This individual, when required, shall remain on duty for at least 1 hour after blasting is finished. Minimum equipment shall consist of a round-pointed, size 0 or larger shovel and a 3 to 5 gallon backpack pump filled with water. Blasting hours are restricted under fire precaution plan C, and blasting is prohibited under fire precaution plan D.

d. Welding – An area commensurate with the amount of welding to be accomplished shall be cleared before welding operations are started. Written permission must be obtained from the COR during fire precaution plan B, C and D. As a minimum, a 3 to 5 gallon backpack pump filled with water is to be available in addition to the vehicle fire extinguisher. The area in the immediate vicinity of the operation shall be wet down before and after operations. The area adjacent to the welding operations shall be thoroughly checked for fires for 1 hour after welding.

e. Fire Guard – The contractor shall designate at least one representative to train and supervise each work crew in fire prevention, detection, and suppression. To prevent, detect, and suppress fires, the contractor shall provide a trained fire guard for projects involving internal combustion engines. The fire guard shall perform guard duties during operating hours. The fire guard may perform contract work in conjunction with fire guard duties. Each fire guard shall report all fires and take suppression action on any fire that starts on the project area. Each fire guard shall be equipped with a vehicle and a fire tool cache consisting of a fire cache box, two size 0 shovels, two pulaskis, two McLeod tools, and two 4 to 5 gallon backpack pumps filled with water. All equipment and tools shall be maintained in serviceable condition.

5. Fire Suppression

a. The contractor shall take independent action on the suppression of all fires in the work area or vicinity. Vicinity is defined as a ¼ mile extension from the operations area boundary.

b. All forest fires shall be reported to the District Ranger’s Office as soon as possible. Even though the fire has been suppressed by the contractor’s crew, this report is required. The office and telephone number to which fires shall be reported will be furnished to the contractor prior to start of contract work.

6. Equipment Requirements

a. All gasoline and diesel equipment (except turbocharged) used on the project shall be equipped with spark arresters approved in the Spark Arrester Guide, USDA Forest Service, April 1990.

b. All internal combustion engines must be inspected before use on at he job and periodically thereafter by the Forest Service. Equipment not passing inspection cannot be used until repairs are made.

c. Serviceable baffled mufflers with standard exhaust tailpipes are considered adequate on trucks, pickups, and sedans.

d. Equipment service areas and gas and oil storage areas shall be cleared of brush, litter, debris, and grass for a radius of at least 50 feet.

e. Each piece of motorized equipment not included in item f below shall be equipped with a round-pointed shovel and fire extinguisher.

f. Fuel trucks, service trucks, and the work camp shall be equipped with a shove, DB axe, and class ABC pressurized chemical fire extinguisher of not less than 15 pounds capacity by weight. The shovels and fire extinguishers are in addition to those required for the toolbox (4. a.). These shall be furnished and maintained at the contractor’s expense.

g. All crawler tractors and rubber-tired equipment suitable for fire suppression work shall be prepared for nighttime use by mounting of brackets for portable, self-contained, battery-operated lights, provided by the Forest Service.

h. Power saws shall be kept in a safe, serviceable condition at all times. Each power saw shall be equipped with an approved spark arrester/muffler system meeting the SAE J-335b standard.

(1) The refueling of power saws shall be done on mineral soil and the saw shall be moved at least 10 feet from the point of refueling to another barren spot before being started.

(2) Power saws with warm or hot spark arresters/mufflers (running or not) shall not be placed or rested on sawdust piles, litter duff, stumps or spots that are easily ignited.

(3) Each power saw shall be accompanied by one round pointed shovel in good condition and a metal fuel-safety can. One chemical pressurized fire extinguisher, 8 ounces or larger, is to kept with the power saw operator at all times while working on the project. The shovel is to be kept with the fuel supply.

7. Smoking and Fires

a. Smoking

(1) No smoking shall be allowed while traveling, except on surfaced highways. A surfaced highway is any road that is oiled, graveled or otherwise paved.

(2) Smoking is not permitted while working. Smoking is only permitted on breaks in areas having a clearing of at least 3 feet in diameter to bare soil.

b. Fires – No warming, burning of debris, or cooking fires shall be permitted during periods of high or above fire danger except in designated places or by written permission.

8. Violations

a. Violations of the smoking regulations {36 CFR 261.52(a)(c)(d)} and fire requirement will result in criminal action against the violator. The contractor shall advise all employees of this regulation.

b. Violation or deficiencies of fire requirements shall result in immediate suspension of operations until the deficiency or violation is corrected. Repetitive violation will be grounds for default termination.

9. Historical Data – The following data on the Forest area involved is to be provided for the contractor’s information. The data will be based on records for the past 10 years.

Total fire season April 1 to September 20.

Average number of days of Plan A Average number of days of Plan B Average number of days of Plan C Average number of days of Plan D

EMERGENCY FIRE PRECAUTION SCHEDULE

Predicted Preparedness Levels for the

Industrial Fire

Fire Danger Rating Area

Precaution Plan

0, 1, 2

A

3 B

4 C

5 D

Area closure proclaimed by the

Forest Supervisor or Regional

D

Forester.

Fire Precaution Plan

Description

A

Normal fire precautions.

No fire guard required.

B

Designated areas for smoking, warming, and cooking fires require a written permit. Contractor shall provide fire guard unless relieved of this responsibility in writing by the COR.

C Shutdown from 12 noon until 8 p.m. MST (1-9 p.m. MDT) of all machine treatment of slash, blasting, welding, metal cutting, and clearing. No smoking, warming, or cooking fires permitted at any time. Power saws shall be shut down form 9 a.m. until 8 p.m. MST (10 a.m. to 9 p.m. MDT). Operations on mineral soil involving road excavation, watering, grading, surfacing, rock crushing and/or other equipment maintenance may continue.

D Shut down all operations, except operations on mineral soil involving road excavation, watering, grading, gravel surfacing and rock crushing may continue with a special Forest Service permit.

Levels of Restrictions are defined as follows:

Level I. Includes normal fire prevention programs and public awareness of pending fire conditions. Regional Forester’s permanent orders on spark arresters and use of fireworks will be enforced. Fire plans in contracts and permits will govern operations of contractors and permittees.

Level II. Restricts fires and smoking to developed camp and picnic grounds and other areas as authorized by permit. This restriction applies to all users including force account crews, permittees, and contractors, except for timber sale operators who are governed by the contract Emergency Fire Precaution Schedule, C7.22.

Level III. Restricts fires, smoking, and chainsaw use except where authorized by a Forest Officer or by permit. This restriction also applies to all users including force account crews, contractors, and permittees except for timber sale operators, who are governed by the contract Emergency Fire Precaution Schedule, C7.22.

Level IV. Area or total Forest Closure. Prohibits ingress and egress in effected zones except by written permit by…