RFQ_Lake_Morena_Fuels_Red.pdf

OMB Approved No. 9000-0006

SOLICITATION OFFER AND AWARD 1.THIS CONTRACT IS A RATED ORDER RATING PAGE OF

UNDER DPAS (15 CFR 350) 1 27 PAGES

2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE

[ ] SEALED BID (IFB) NO.

AG-9AB5-S-15-0048 [X] NEGOTIATED (RFP) April 22, 2015

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

USDA Forest Service 1600 Tollhouse Road Clovis, CA 93611

USDA Forest Service Attn: Mary Cantrell 1600 Tollhouse Road Clovis, CA 93611

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Offers in original and 1 copy for furnishing the supplies or services in Schedule will be received at the place specified in Item 8, or emailed to: mecantrell@fs.fed.us until 1:00 pm local time May 25, 2015 (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-10. All Offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

CALL: Mary Cantrell 559 297-0706 Ext 4890

11. TABLE OF CONTENTS

() SEC. DESCRIPTION PAGE(S) () SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 4

X B SUPPLIES OR SERVICES AND PRICES/COSTS 1 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK/STATEMENT 4 X J LIST OF ATTACHMENTS 1

X D PACKAGING AND MARKING 1 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 1 X K REPRESENTATIVES, CERTIFICATIONS AND 5

X F DELIVERIES OR PERFORMANCE 2 OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 3 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 1

X H SPECIAL CONTRACT REQUIREMENTS 2 X M EVALUATION FACTORS FOR AWARD 1

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS (See Section I, Clause No. 52-232-8) % % % %

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated.

15A. NAME CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

AND OFFER (Type or Print)

ADDRESS

OF

OFFEROR

15B. TELEPHONE NO. (Include area 15C. CHECK IF REMITTANCE ADDRESS 17. SIGNATURE 18. OFFER DATE code) IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION:

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

10 U.S.C. 2304 (c) ) 41 U.S.C. 142(c) ( ) (4 copies unless otherwise specified)

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

MARY E. CANTRELL

(Signature of Contracting Officer) IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

NSN 7540_01_152_8064 33-133 STANDARD FORM 33 (REV.4-85)

AG-9A40-S-15-0048

Lake Morena Fuels Reduction

SECTION B - Supplies or Services and Prices/Costs Schedule of Items

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

1.

Cut and pile brush species and apply herbicide

Est.

Acre

$________/acre

Name of Company DUNS#

Signature Date

SECTION C - Description/Specifications/Statement of Work

C.1 Scope of Contract

The purpose of this contract is to secure services for fuels reduction/ modification through hand cut, pile and herbicide application for approximately 125 acres, to be performed in compliance to the contract terms, specifications and provisions. The contractor shall furnish all labor, equipment, supervision, transport needs, operating supplies and incidentals. Work will be conducted as described below in the requirement section. Removal efforts will involve; hand cut and pile mixed chaparral, foliar application of herbicide to re-sprouting plants. All cut material will be made into piles by the contractor and covered as specified in the requirements section. The contractor will not be responsible for burning after work is done. All removal efforts will be recorded with a GPS and field notes. Contractor will only be paid for acres completed.

C.2 Location and Description

Location- The project area is located within the boundaries of the Descanso Ranger District of the Cleveland National Forest.

The unit is approximately 125 acres, located within and adjacent to the community of Morena Village.

Township 17S, Range 4E and R5E. Sections 17, 18, 19 and 30. Approximate elevation 3000- 3200 ft.

Description- The unit is adjacent to the community of Lake Morena, it boarders the community on the North, West and South sides. The terrain is rough and broken with a variety of slopes with scattered rock outcroppings. A minority of the unit has timber over story including Mixed Oak species. Shrub types include Ceanothus, Manzanita, Scrub Oak, Mountain Mahogany, Buckwheat, and mixed Chaparral. Shrubs height is generally less than 8ft.

C.3 Contract Type

This contract is Performance Based, firm-fixed price contract.

C.4 Contract Time

Estimated start work date is October 1, 2015. The contractor will have 60 days to complete following the issuance of the “Notice to Proceed”. Contract time includes delays for weather, Project Activity Level (PAL) restrictions, all applicable wildlife limited operating periods, locating and transporting supplies and materials, and final cleanup.

C.5 Access

To access the unit from the San Diego area, travel Interstate 8 East , exit Buckman Springs Rd., turn right heading South on Buckman Springs Rd. Oak Dr. will be on your right and is where the fuel break starts.

Oak Dr. is the main route into Lake Morena and the other various access points. Contracting Officers Representative (COR) or designated inspector will work with contractor to establish other possible access routes. Detailed unit maps will be provided and a pre proposal site visit will be scheduled.

C.6 General

The project includes fuels reduction modification for approximately 125 acres to be performed in compliance with the contract terms, specifications, and provisions. The unit is located on Mount Laguna near the Red Tailed Roost. After treatment is completed by contractor the district plans to conduct prescribed fire treatment.

C.6.1 Hand Cut and Pile and apply Herbicide

Piles must be created in a purposeful manner, as compact as possible in order to increase the efficiency of pile burning operations. Piles will be covered with Visqueen or Kraft barrier material. All piles must be adequately covered.

a. Piles will be built in a vertical arrangement, NOT in a flat/stacked manner. Piles will not obstruct roads, trails, or access points.

Cut and pile mixed Chaparral (live and dead).

b. Place piles no less than 15 feet away from any standing vegetation including retained islands to minimize scorch during pile burning.

c. Create piles no larger than 10’ X 10’ X 6’ and cover 60% at 2/3 depth with Kraft paper or Visqueen material.

d. Materials in piles will be no greater than 8” in diameter and 6 feet in length.

e. Piles will not be arranged underneath the drip line (minimum 10 feet from the drip line of trees), piles will not be positioned under thick hanging canopies of live trees where burn scorch will occur.

f. Foliar application of herbicide will occur during a separate site entry from late May to early July

2016 to treat resprouting stumps.

The herbicide formulation for all plants will consist of a solution of imazapyr (ex.

Habitat) and a vegetable or methylated seed oil surfactant (ex. JBL oil plus) and a registered dye. No diesel or other petrochemical based surfactants may be used. The formulation used must have final approval by the COR and will be mixed to label specifications for foliar application.

The Contractor will follow all Local, State and Federal laws applicable to herbicide/pesticide application in forestry/wildland settings. These include laws related to having a licensed pesticide applicator conducting or supervising the mixture and application of herbicides in the project area and ensuring that proper safety gear is provided and used by workers.

The contractor will supply all herbicide mixtures and spraying equipment as part of the cost of the crew. The imazapyr solution will be mixed for a low volume foliar application at a 1.5% solution. With an average of 5 gallons of solution being sprayed per acre, the total herbicide required will be approximately 10 gallons. The total project is expected to use 20 lbs Acid Equivalent (A.E) of imazapyr (which is contained in 10 gallons of Habitat and similar imazapyr formulations).

Herbicides would be applied using backpack sprayers only. No spray activities would be allowed if wind velocity were to exceed five miles per hour. No herbicide treatments would be allowed when rain is occurring or likely to take place within 48 hours. Herbicide cannot be sprayed directly adjacent to surface waters without mitigations in place to prevent direct introduction of chemical to water.

The contractor must report to the Forest Service the total amount of herbicide applied and chemical formulation and location applied detailed for each day. These totals can be presented in one summary report at the end of treatment.

C.7 Restrictions on Work

Work may be performed at any time during the period of the contract, except as outlined here. Nothing in this part shall be construed to take away any of the Government’s rights under the Suspension of Work Clause (52.242-14). The Contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to complete the project, except for that which the contract clearly states is to be furnished by the government. Restrictions are as follows:

a. All work will be conducted in accordance with the fire plan. See attached (FIRE PLAN FOR CONSTRUCTION AND SERVICE CONTRACTS 03/06/2013). Area 685 PAL, each day (see attached Fire Plan Check List). Project Activity Level PAL is available by 4:30PM the prior day through CNF Dispatch (619) 557-5262.

b. When the Contracting Officer (CO) or Designated Representative determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road or resource damage.

c. All work will be performed during daylight hours. No heavy equipment or chainsaw use within ¼ mile of recreation sites, cabins, special use facilities or private land facilities before 7 am. Work should be performed during low use recreation season.

d. Archaeology: All project related work shall cease immediately if any heritage resources are discovered, and the COR or designated inspector shall be notified immediately. These areas will be flagged for avoidance and Forest Archeologist will be notified. The Forest Archaeologist shall be notified at least 2 weeks in advance of project activities to arrange implementation (e.g.

protection measures and monitoring) to avoid effects to historic properties.

C.8 Work Description Limitations

The project contract area may contain one or more of the following features or vegetation conditions. The following limitations may apply to this contract.

C.8.1 ( UNIT SPECIFIC)

No oak trees will be intentionally cut unless they are a hazard.

(BOT-1) Areas with known sensitive species would be excluded from mechanical and hand treatments; sites would be flagged for avoidance prior to when unit treatments begin.

(WLD-1) Avoid establishing staging areas within threatened, endangered, and/or Regional

Forester’s list of sensitive species suitable or occupied habitats and riparian areas.

(WLD-4) In Riparian Conservation Areas (RCA):

a) Within the perennial streams 328-foot buffer and intermittent streams 100-foot buffer, no cutting/removal of riparian plant species (i.e., willow, maple) would be allowed.

b) Where identified stream inner gorge (from channel bottom to major break in slope) occurs, no treatment would be allowed.

(BOT-1) Areas with known sensitive species would be excluded from mechanical and hand treatments; sites would be flagged for avoidance prior to when unit treatments begin.

(HERB 2) – A spill response plan and spill kit will be required to be on-site during herbicide applications.

(HERB 13) - Herbicide spray equipment would not be washed or rinsed within 150 feet of any body of water or stream channel. All herbicide containers and rinse water would be disposed of in a manner that would not cause contamination of waters.

(HERB-15) Herbicide treatments would not occur within a 100-foot buffer of sensitive plant species occurrences.

(HERB-16) No herbicide treatments would occur within twice the “dripline” (distance from edge of canopy to trunk) of any oak tree.

(WEED-1) All off-road equipment used would be washed before moving into the project area to ensure that the equipment is free of soil, seeds, vegetative material, or other debris that could contain noxious weeds.

SECTION D - Packaging and Marking

For this contract, there are no clauses in Section D

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): [Insert one or more Internet addresses: https://www.acquisition.gov/

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

E.2 FAR 52.246-1 Contractor Inspection Requirements. (APR 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.

E.3 Acceptance

The Contracting Officer will accept only completed work for evaluation. When notified by the Contractor of completed of work, such work will be evaluated for quality against the specification of this task order.

Contractor will only be paid for actual acres completed. Acres completed will be calculated with a GPS for accuracy by a designated inspector. The evaluation will include, but is not limited to a review of the quality control measures performed by the Contractor.

Work is deemed acceptable when final Contracting Officer inspection indicates at least 80% quality achievement of the task order specifications described in Section C.

E.4 Quality Control

The Contractor shall conduct inspections in accordance with the Quality Control Plan provided to the Contracting Officer. The Quality Control Plan shall be approved by the Contracting Officer prior to the start of work. The Contracting Officer may implement quality control measures in addition to those provided by the Contractor.

SECTION F - Deliveries or Performance

F.1 FAR 52.242-15 Stop-Work Order. (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause.

Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either -

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if -

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

F.2 Schedules

The Contractor shall provide to the Contracting Officer, for approval, a practicable work schedule at the pre work conference. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of payments until the Contractor submits the required schedule.

If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, and days of work.

The Contractor is required to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

SECTION G - Contract Administration Data

G.1 Transportation

Use of any roads, routes, skid trails and/or temporary roads by the Contractor under the terms of this task order shall be subject to approval by the Contracting Officer; such approval shall be obtained by the Contractor prior to opening and/or use. When Contractor operations occur adjacent to or on roads and trails open to public travel, a project specific Traffic Control Plan shall be agreed to by the Contractor and the Contracting Officer prior to commencing operations.

G.2 Road Maintenance

Commensurate with use, the Contractor shall be responsible for maintaining all roads within the project area. A specific Road Maintenance Plan shall be approved by the Contracting Officer prior to commencing operations. An approved Road Maintenance Plan may include but is not limited to blading and shaping the existing road cross-section; installation of drainage features such as water bars, dips and other drainage features, protection of existing surface material, disposal of slide material in approved locations, maintaining roadside brush for sight distance visibility, seasonal travel way cleanup, drainage structure maintenance, preventive maintenance, dust abatement and roadside slash disposal.

G.3 Resource Protection Standards

Resource protection measures shall be implemented by the Contractor to protect soils from impacts of erosion, compaction and loss of productivity. Existing soil cover shall be left intact whenever possible;

disturbance to the duff layer shall be minimized. As determined by the Contracting Officer, equipment shall not operate when ground conditions are such that excessive soil damage will occur. The Contractor’s activities shall be conducted in a manner to retain the natural ground contour; any mounding of soil material shall be returned to the natural contour. Retain a minimum of 50 percent evenly distributed soil cover in track or tire created footprint areas within 50 feet of stream.

Contractor operations shall be conducted in a manner to prevent debris entering stream courses.

Mechanical treatment shall be halted 50 feet from Riparian areas. The Contractor shall remove debris caused to enter a stream course that may adversely affect the natural stream flow, water quality, or fishery resource as determined by the Contracting Officer as soon as practicable, but not to exceed 48 hours, in a manner determined by the Contracting Officer. The locations and method of all equipment water course crossing shall require prior approval by the Contracting Officer. Wheeled and/or track laying equipment shall not be operate in water courses except at locations and for reasons approved by the Contracting Officer. National Forest water sources may only be used if approved by the Contracting Officer.

Erosion control measures shall be implemented on all roads, skid trails, landings and temporary roads as directed by the Contracting Officer. Measures shall include but are not limited to water barring, placement of slash and/or chips, re-contouring, out-sloping and effectively blocking vehicle access. Erosion control measures shall be in place before seasonal periods of precipitation, run-off and prior to all National Weather Service predicted storm events with a greater than 30% chance of precipitation. Water bar size, configuration and locations shall be specified by the Contracting Officer.

The Contractor shall conduct all contract related activities in a manner to prevent damage to other resources which includes but is not limited to the following:

G.3.1 Land survey monuments, bearing trees, utility poles and lines and underground facilities, water lines, gas lines, ditches, fences, research equipment, gates, traffic counters and animal traps. FS/Private boundary will be flagged.

G.3.2 Sensitive plant and animal species and their habitats identified and flagged or which may be discovered after contract award. Avoid all rock outcroppings and maintain 10 feet away from all tree drip lines. Sensitive species may include: Arroyo Toad, California Legless Lizard, Coastal Rosy Boa, Red Diamond Rattlesnake, San Diego Horned Lizard, San Diego Ringneck Snake, and Two-striped Garter Snake. Jacumba Milkvetch, Moreno Currant, Tecate Tarplant, Southern Jewelflower. Species or habitat will be flagged or marked if occurring in project area.

G.3.3 Retain all Wood rat nests in the structures WUI defense zone (beyond 100 feet from structures) where they do not threaten fuels integrity. Wood rat piles identified and flagged.

G.3.4 Hand Cut/Pile and Burn treatment areas in WUI threat zones will be non-linear with scalloped or feathered edges to provide a more natural appearance. Islands of diverse and/or obligate reseeding shrubs may be retained and will also have undulating edges for a natural look. Specific islands may be flagged.

G.3.5 No treatment will occur within the boundaries of or within the buffer zones of recorded Archeological sites; these sites will be flagged prior to implementation.

G.3.6 Outside WUI Defense Zones, retain soft snags and acorn storage trees unless they are a safety hazard or impede operability. (WLD-15)

G.3.7 No oak trees will be intentionally cut unless they are a hazard tree.

G.3.8 All food and trash must be removed from project site at the end of each day (WLD-2)

G.4 Noxious Weeds

The spread of noxious weeds will be controlled by the Contractor in the following manner:

The Contractor shall ensure that all off-road equipment is free of soil, seeds, vegetative matter or other debris that could contain or hold plant seeds prior to entering the Cleveland National Forest.

The Contractor shall certify in writing to the Contracting Officer that off-road equipment is free of noxious weeds prior to each start-up of operations and for subsequent moves of equipment to the project area.

The Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds. Equipment will be considered free of soil, seeds and other such debris when a visual inspection discloses no such material.

New infestations of noxious weeds shall be promptly reported to the Contracting Officer.

G.5 Pollution Control

The Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCP) Plan when total oil and oil products storage exceeds 1320 gallons in containers of 55 gallon or greater. The SPCP shall meet applicable EPA and State requirements and be certified by a registered professional engineer.

The Contractor shall immediately take action to contain and cleanup, without expense to the Government, all petroleum products spills caused directly or indirectly by the Contractor or Contractor’s employees.

The Contractor shall be liable for all damages and costs deemed necessary by the Government for the spill containment and cleanup.

The Contractor shall notify the Contracting Officer of any hazardous substances used on the project area and shall have Material Safety Data Sheets available for those materials. All such materials shall be labeled in accordance with Federal and State regulations. The Contractor shall maintain a Hazardous

Substance Plan. The plan shall include, but is not limited to, hazardous substances to be used in the project area and the identification of the Contractor Representative responsible for supervising initial containment action for releases and subsequent cleanup.

The Contractor shall notify appropriate agencies, including the Contracting Officer of all spills, leaks or other releases of hazardous materials including petroleum products on or in the vicinity of National Forest land caused directly or indirectly by the Contractor or Contractor’s employees.

The Contractor shall maintain all equipment operating on the project area in good repair and free of leakage of lubricants, fuel, coolant and hydraulic fluid. The Contractor shall properly transport and dispose of all contaminated soil, vegetation, debris, oil filters, oily rags and waste oil in accordance with local, State and Federal regulations. Disposal of any such contaminated material on the National Forest is prohibited. The Contractor shall take effective measures to prevent all leaking or spilled petroleum based products from stationary equipment and equipment being serviced.

G.6 Plan of Operations

Upon Contracting Officer request, the Contractor shall submit a Plan of Operations related to the specification on this task order including but not limited to the equipment type and size; labor forces;

ingress and egress; start date; planned rates of accomplishment; and other details related to the Contractor operations that may be requested by the Contracting Officer.

SECTION H - Special Contract Requirements

H.1 Pre-work Conference

Prior to commencement of work, the Contractor shall meet with the Contracting Officer to discuss contract terms, work performance requirements and work progress schedules. Also at this meeting such things as sanitation, camping requirements, fire prevention and suppression plans will be developed. The meeting will be held at a time and place determined by the Contracting Officer.

H.2 Camping

Under the terms of this Contract, camping is not permitted in Forest Service Campgrounds. The Contractor [ (x) may / ( ) shall not] be permitted to camp elsewhere on the National Forest. Camping on the National Forest is not a right; and shall be subject to approval by the Contracting Officer.

H.3 Fire Plan and Project Activity Levels

The Contractor operations under the terms and conditions of this contract/task order shall comply with the Fire Plan attached to and made a part of this task order. The Fire Plan shall be accepted by the Contractor and is subject to approval by the Contracting Officer prior to commencing any operations. The Fire Plan shall be reviewed not less than annually by the Contractor and the Contracting Officer.

H.4 Minimum Wages

Wage Determination #1977-0727(Rev 47) dated 02/23/2015, is currently in effect for these services and is included as an attachment.

H.5 AGAR 452.236-73 Archaeological Or Historical Sites (Feb 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general are of the site(s) and notify the Contracting Officer immediately.

H.6 Contractor’s Sanitation Responsibilities

The Contractor shall provide access to clean drinking water for his/her workers. In addition, Contractors are now required to provide toilets and handwashing capabilities, whether utilized or not, while working on National Forest land performing reforestation work.

Field Sanitation In accordance with US Department of Labor Fact Sheet No. ESA 97-28 “Field Sanitation Standards” (Ref.

29CFR 1928.110), employers must provide:

► Potable drinking water, suitably cool and in sufficient amounts, dispensed in single-use cups or by fountains, located so as to be readily accessible to employees.

► Facilities maintained in accordance with public health sanitation practices include upkeep of water quality through daily change or more often if necessary.

► Notification to each employee of the location of the water and allowance of reasonable opportunities during the workday to use them. The employer also must inform the employee of the relevant health hazards in the field and the practices necessary to minimize them.

H.7 Personal Protective Equipment

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

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

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

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

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

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

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

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

SECTION I - Contract Clauses

I.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):

https://www.acquisition.gov/?q=browsefar

52.204-7 System for Award Management. (JUL 2013) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors

Debarred, Suspended, or Proposed for Debarment. (AUG 2013) 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. (JUN 2003) 52.222-21 Prohibition of Segregated Facilities. (FEB 1999) 52.222-26 Equal Opportunity. (MAR 2007) 52.222-35 Equal Opportunity for Veterans. (JUL 2014) 52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014) 52.222-37 Employment Reports on Veterans. (JUL 2014) 52.222-41 Service Contract Labor Standards. (MAY 2014) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts. (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 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) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) 52.243-1 Changes - Fixed-Price. (AUG 1987) 52.249-8 Default (Fixed-Price Supply and Service). (APR 1984)

452.237-75 Restrictions Against Disclosure. (FEB 1988)

452.222.701 Employment Of Eligible Workers (DEC 1999)

4G52.222-702 Labor Standards For Contracts Involving Migrant And Seasonal Agricultural

Workers (DEC 1999) 4G52.222-703 Migrant And Seasonal Agricultural Worker Protection Act Registration (DEC

1999)

I.2 FAR 52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only: It is not a Wage Determination This Statement is for Information Only: It is not a Wage Determination Forestry Technician $16.50/ hour + Fringe General Forestry Laborer $14.50/ hour + Fringe Tree Planter $13.00/ hour + Fringe

I.4 FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

I.5 FAR 52.244-6 Subcontracts for Commercial Items. (MAR 2015)

(a) Definitions. As used in this clause-

Commercial item has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

Subcontract includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.

(iii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C.

637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities.

If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212(a));

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.

(ix)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(x) 52.225-26, Contractors Performing Private Security Functions Outside the United States JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013), if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.

(xii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

I.6 FAR 52.246-20 Warranty of Services. (MAY 2001)

(a) Definition.

"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor [Contracting Officer shall insert the specific period of time in which notice shall be given to the Contractor; e.g., "within 30 days from the date of acceptance by the Government,"; within 1000 hours of use by the Government;" or other specified event whose occurrence will terminate the period of notice, or combination of any applicable events or period of time]. This notice shall state either-

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

SECTION J - List of Documents, Exhibits, and Other Attachments

1. Fire Plan (current 03/06/2013).

2. Fire Plan CHECKLIST for Construction and Service Contracts.

3. Vicinity and Site Map

4. Wage Determination

5. Experience Questionnaire

SECTION K - Representations, Certifications, and Other Statements of Offerors

K.1 FAR 52.204-8 Annual Representations and Certifications. (DEC 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 115310.

(2) The small business size standard is $7.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[] (i) Paragraph (d) applies.

[] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I).

This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications.

This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

N/A [] (i) 52.204-17, Ownership or Control of Offeror.

[] (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[] (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification.

[] (iv) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

[] (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[] (vi) 52.227-6, Royalty Information.

[] (A) Basic.

[] (B) Alternate I.

[] (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph

(c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and…