Solicitation_AG-9AC7-S-15-0063.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

9AC7

REDDING CA 96002

3644 AVTECH PARKWAY SUITE 180

R5 NO-CAL ACQ SERVICE AREA NCASA

USDA FOREST SERVICE

CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR9AC7

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/15/2015 1200 PS

03/26/2015

(530)226-2447DIANE MORRIS

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-9AC7-S-15-0063

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 49 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

REDDING CA 96002

3644 AVTECH PARKWAY SUITE 180

R5 NO-CAL ACQ SERVICE AREA NCASA

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$19.0

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Project Name: North Rail Cut, Skid and Deck for Site preparation within the Reading Fire Area on the Hat Creek Ranger District, Lassen National Forest.

Include pricing in the Schedule of Items.

With size limitations, offers will be accepted hardcopy or electronically.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

DIANE M. MORRIS

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Please provide the following information.

DUNS#: ___________________________

TIN#: ____________________________

Email: __________________________

Period of Performance: 06/01/2015 to 06/01/2016

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

49 2 of

2015 NORTH RAIL CUT, SKID & DECK FOR SITE PREPARATION

SOLICITATION AG-9AC7-S-15-0063

CONTINUATION OF SF1449

2015 North Rail Cut, Skid & Deck

Hat Creek Ranger District, Lassen National Forest

Schedule of Items:

Item Acres Price/Acre Total Price

01 North Rail Cut, Skid and Deck 160.9 $ ___________ $______________

SUBMISSION OF OFFERS

There is no need to return any portion of the solicitation that is not part of an offer. WHEN SENDING

IN YOUR PROPOSAL PLEASE SEPARATE YOUR OFFER FROM YOUR TECHNICAL

PROPOSAL.

Submission of offers by email is preferred, to dmmorris@fs.fed.us

Offers may be mailed or delivered to: USDA FS NCASA (c/o DMorris)

3644 Avtech Parkway

Redding, CA 96002

RESPONSE REQUIRED TO BE CONSIDERED FOR AWARD

SAM (System for Award Management) Entity

SAM replaces and consolidates CCR (Central Contractor Registration), ORCA (Online Representations and Certifications) and other systems. Offerors must have a DUNS Number and an Active SAM Entity to receive award.

1. Offerors WITH an Active SAM Entity shall provide their DUNS Number ONLY

2. Offerors WITHOUT an Active SAM Entity shall:

a. Fill out FAR Provision 52.212-3, Offeror Representations and Certifications –

Commercial Items, and return it completed as part of the offer. The Provision has been provided in full-text in the Solicitation Provisions section.

b. Offerors may submit offers before SAM Entity Registration/Activation is complete, but are advised that Activation takes 7-10 to process after Registering and that award may follow as soon as one day after the Solicitation closes. Offerors without an Active SAM

Entity cannot receive award.

There is no cost to obtain a DUNS Number or SAM Entity or to contact the FSD through the official sources.

To obtain a DUNS Number: http://fedgov.dnb.com/webform

To Register or Renew a SAM Entity: www.sam.gov

To contact the SAM Helpdesk (The Federal Service Desk, or FSD): www.fsd.gov

AGAR PROVISION 452.209-70

All Offerors shall fill out AGAR Provision 452.209-70 (Representation by Corporations Regarding an

Unpaid Delinquent Tax Liability or a Felony Conviction, Deviation 2012-01, Alternate 1) and return it as a part of the offer.

RESPONSE TO EVALUATION FACTORS (TECHNICAL AND PRICE CRITERIA)

All Offerors must respond to all Evaluation Factors as described in the Evaluation Factors section.

Incomplete offers may not be considered.

mailto:dmmorris@fs.fed.us https://acquisition.gov/far/current/html/52_212_213.html#wp1179194 http://fedgov.dnb.com/webform http://www.sam.gov/ http://www.fsd.gov/

CONTRACT CLAUSES

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 or provision may be accessed electronically at:

www.acquisition.gov/far/ (FAR) and http://www.dm.usda.gov/procurement/policy/agar.htm (AGAR).

The following clauses are incorporated by reference.

FAR 52.204-4 Printed or Copied Double-Sided On Postconsumer Fiber Content Paper (MAY 2011)

FAR 52.212-4 Contract Terms and Conditions—Commercial Items (DEC 2014)

FAR 52.211-18 Variation in Estimated Quantities (APR 1984)

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

(SEP 2013) (http://www.usda.gov/biopreferred)

FAR 52.236-7 Permits and Responsibilities (NOV 1991)

FAR 52.236-13 Accident Prevention (NOV 1991)

AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate

Applicants -- Alternate I (FEB 2012)

AGAR 452.236-72 Use of Premises (NOV 1996)

AGAR 452.236-73 Archaeological or Historic Sites (FEB 1988)

AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

AGAR 452.237-75 Restrictions Against Disclosure (FEB 1988)

AGAR 452.236-77 Emergency Response (NOV 1996)

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (FAR 52.212-5) (MAR 2015)

Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items (Mar 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

http://www.acquisition.gov/far/ http://www.dm.usda.gov/procurement/policy/agar.htm https://acquisition.gov/far/current/html/52_212_213.html#wp1179465 http://www.usda.gov/biopreferred http://www.dm.usda.gov/procurement/policy/docs/USDAFARDeviation03-22-2012Solicitation.pdf

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul

2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Jul 2013) (41 U.S.C. 2313).

___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May

2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L.

111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L.

110-161).

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and

(3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2014) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657f).

X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small

Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns

Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O.

13126).

X_ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X_ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014)

(E.O.s 13423 and 13514

___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun

2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug

2011) (E.O. 13513).

___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-

138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

___ (45) 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).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

X_ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management

(Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X_ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May

2014) (41 U.S.C. chapter 67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

X_ (10) 52.222-55, Minimum Wages Under Executive Order 13658 Dec 2014)(Executive Order

13658).

The Following Statement is for Information Only. It is Not a Wage Determination.

Employee Class: 08160: Forestry/Logging Heavy Equipment Operator

Monetary Wage: $ 17.58 hour + Fringe The full text of the applicable SCA Wage

Determination, 77-0727 Rev.-46. The full Text of the applicable SCA Wage Determination is included in this Contract as an attachment.

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer 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.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(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).

(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). Flow down required in accordance with paragraph (f) of

FAR clause 52.222-40.

(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(x) ____ (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 E.O. 13627).

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements

(May 2014) (41 U.S.C. chapter 67.)

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 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).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014)

(42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause

52.226-6.

(xvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive

Order 13658).

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

(End of Clause)

Minimum Wages Under Executive Order 13658 (Dec 2014)

(a) Definitions. As used in this clause--

“United States'' means the 50 states and the District of Columbia.

“Worker''—

(1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and

(i) Whose wages under such contract are governed by the Fair Labor Standards Act (29

U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter

IV),

(ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541,

(iii) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of

Labor's Employment and Training Administration, Office of Apprenticeship, or with a State

Apprenticeship Agency recognized by the Office of Apprenticeship.

(b) Executive Order Minimum Wage rate.

(1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015.

(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016 and annually thereafter, to meet the Secretary of Labor's annual E.O. minimum wage. The

Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable

E.O. minimum wage on www.wdol.gov (or any successor Web site) and on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate

Requirements (Construction) statute. The applicable published E.O. minimum wage is incorporated by reference into this contract.

(3)

(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only if labor costs increase as a result of an increase in the annual E.O. minimum wage, and for associated labor costs and relevant subcontract costs. Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and http://www.wdol.gov/ workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.

(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment.

(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the

Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.

(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR

10.23, Deductions.

(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the

Service Contract Labor Standards statute, the cash equivalent thereof.

(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable

Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.

(10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.

(c)

(1) This clause applies to workers as defined in paragraph (a). As provided in that definition--

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and

(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training

Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.

(2) This clause does not apply to--

(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;

(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29

U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract

Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to--

(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a).

(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b).

(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541).

(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the

Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.

http://www.dol.gov/whd/govcontracts

(e) Payroll Records.

(1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:

(i) Name, address, and social security number;

(ii) The worker's occupation(s) or classification(s);

(iii) The rate or rates of wages paid;

(iv) The number of daily and weekly hours worked by each worker;

(v) Any deductions made; and

(vi) Total wages paid.

(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.

(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.

(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected.

(5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate

Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law.

(f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.

(g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the

Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause.

(h) Disputes. Department of Labor has set forth in 29 CFR 10.51,Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 10. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the

Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives.

(i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.

(j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers.

(k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.

(End of clause)

INSPECTION OF SERVICES (FAR 52.246-4) (Aug 1996)

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

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

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

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

e) If any of the services do not conform to contract requirements, the Government may require the

Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the

Government may—

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

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

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

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

2) Terminate the contract for default.

CAMPING

There shall be no camping on Lassen National Forest lands included in this contract.

FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

CONTRACT DOCUMENTS, EXHIBITS AND ATTACHMENTS

1. DESCRIPTION OF WORK

The purpose of this contract is to secure services for performing cutting, skidding and decking on national forest land for the purpose of Site preparation on the North Rail timber Sale within the Reading

Fire Area. Contractor shall, considering the specific tasks and critical subtasks involved, develop a plan of operations to accomplish the tasks and critical subtasks, and organize and direct all of the operations and personnel needed to fully accomplish the work. 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.

2. PROJECT LOCATIONS AND BOUNDARIES

The project is located on the Hat Creek Ranger Districts, Lassen National Forest, and Shasta County, California. The legal for the project is as follows: T.31N. R.5E. Sec. 2, 6, 11 and 12. The project areas are 160.9 acres. See maps (Separate Attachment) for location of unit. The locations on the Project Map are approximate and the locations on the ground take precedence over the locations on the Project Map.

Boundaries:

The boundaries of all work units not along roads are marked with a Pink paint stripe at Diameter Breast

Height (DBH) with a pink butt mark at ground level, facing into the work unit with blue flagging.

Should the boundaries or non-work areas be marked in a different manner, the Contractor shall be informed so by the COR.

Accessibility:

The work units may be accessed from HWY 44/89 near Old station to Forest road 32N12 and Forest road 32N42Y. (See attached maps)

Maps:

The maps are intended to show only the general size, shape, and location of the areas. If the maps conflict with the field marking the field markings shall govern. Positions of features are approximate.

3. SPECIFIC WORK REQUIREMENT:

CUTTING, SKIDDING and DECKING

Contract stands consist of Cutting , Skidding and Decking of all Standing dead tree that are not designated with an Orange paint band at Diameter Breat Height (DBH). Cutting, skidding and Decking shall be performed in a manner that does not damage residual trees live tree or any trees that are designated with Orange paint. Sheared material shall not remain on the ground for more than 21 days before being decked. Decked material will be stock piled in the landings with the following guidelines.

1. Landing must be prepared properly, relatively smooth and free of debris to achieve the desired end result.

2. Some landing sizes may increase to allow for decked material to be stored. Decked material must remain in the confines of the landing limits unless agreed to by the COR, or contract inspector.

3. When placing material into decks, all tree shall be facing in the same direction with the Butt’s of the trees facing the center of the landing. Decked material must be placed with the butts of the trees even in the deck to facilitate later chipping opeartions.

4. Decked material shall be placed in the back or sides of the landing to allow for future chipping operations and chip van access.

5. All decked material shall have at least a Dozer blade width fire line placed around the entire deck.

Tractor Skidding: All skid trails and landings will be approved in advance by the COR or Contract inspector before the start of operations, Skidding shall be performed in a manner that does not damage residual leave trees and or any resources.

Stump Height: Sheared tree stump height shall not exceed 8” above the ground or 4” above natural objects.

Waterbars: Construction/restoration of waterbars on roads, firelines and skidtrails is required.

Waterbars shall be constructed so that the mound extends the entire width of the skidtrail/road and the top of the mound is a minimum of 18” above the natural ground-line along its entire length. The drainage of the waterbar shall have a minimum slope of 2% and shall provide for the unrestricted discharge of water to the outside of the skidtrail/road.

4. EROSION CONTROL

When determined by the Forest Service, Contractor shall (1) avoid operating equipment when soil conditions are such that excessive damage will result; (2) construct erosion control structures as needed to control erosion; (3) repair promptly any existing erosion control structures damaged by Contractor's operations; (4) complete seasonal erosion control work prior to suspending operations; and (5) perform other soil erosion control work as may be required under this contract.

Prior to suspension of operations or seasonal periods of precipitation or runoff; Contractor shall smooth landings, remove ruts from roads and construct cross ditches, water bars, water-spreading ditches on landings, skid trails and roads.

5. PROTECTION, USE, AND MAINTENANCE OF IMPROVEMENTS

The Contractor, in all phases of construction and contract operations, shall protect insofar as practicable, all land survey corners, telephone lines, ditches, fences, and other improvements. If such improvements are damaged by Contractor's operations under this contract, Contractor shall restore them immediately to condition existing immediately prior to Contractor’s work. When necessary, Forest Service may require

Contractor to move any such telephone lines, fences or improvements from one location to another. All roads and trails, designated by Forest Service as needed for fire protection or other purposes, shall at all times be kept free of logs, brush, and debris resulting from Contractor's operations. Contractor shall promptly repair or restore roads or trails if damaged in the operation of this contract.

6. CUT TREE GUIDELINES

1. Within all stands designated for treatment, cut all standing dead tree that are not designated with an

Orange paint at Diameter Breat Hieght (DBH)

2. All cut material shall be skidded and decked in the manner described within this contract.

7. ACCEPTABLE QUALITY LEVEL FOR TASKS AND CRITICAL SUBTASKS

The Acceptable Quality Level (AQL) for the tasks for Cutting, Skidding and Decking is 95%. (95% of the work performed shall comply with the Quality Standard.) No leave trees shall be damaged by the

Contractors operations. All work shall be completed within the contract Period of Performance.

8. CONTRACTOR FURNISHED PROPERTY, REPORTS AND SERVICES

General

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.

Contractor shall provide labor, supplies and equipment to complete the project. All equipment used within the Contract area shall be in such mechanical condition and of an appropriate type to meet the requirements of the work. Equipment shall be capable of working on slopes up to 35%. All equipment will meet or exceed OSHA specification. Cal-OSHA regulations apply to all contracts involving employees.

Reports

The Contractor shall provide the following items as part of this Contract:

1. Operations Plan and Schedule of Work – Contractor prior to the start of the contract shall submit an operation plan and schedule of work that clearly demonstrates how the work will be performed and how it will be completed within the time frame allowed in the Contract.

2. Quality Control Plan – Contractor prior to the start of the contract shall submit a Quality

Control Plan that states how the Contractor will control the work, inspect the daily operations and forms used, and protect from damage all improvements and residual leave trees within and around the work units. Inspection reports shall be submitted to the

Contracting Officer’s Representative when invoicing for completed work.

3. Safety Plan – Contractor shall provide a written, job-specific safety plan for the inherently hazardous conditions that exist during operations.

Incentives

Incentives for Acceptable Work by the Contractor. The Contractor shall receive a good performance rating and receive recommendations for award of similar work in the future.

9. DETAILED UNIT INFORMATION

Unit Number Legal Description Estimated Number of Acres

4 T32N R3E Sec. 6 15.9

16 T32N R3E Sec. 6 1.0

105 T32N R3E Sec. 2 8.2

108 T32N R3E Sec. 11 and 12 135.8

TOTAL 160.9

10. NON-TREATMENT AREAS

These areas may be in consideration of wildlife habitat, utilities, archeological sites, trails, land improvements, stream course protection, and/or areas with excessive rock or steep ground. Said areas that are one acre in size or larger or a substantial amount of smaller areas within a work stand, will be deducted from the contract acreage and no payment will be made for these acres. Should unworkable areas be encountered, that have not been delineated by the Forest Service, the contractor shall notify the

COR, as soon as possible.

11. EQUIPMENT CLEANING

Contractor shall ensure that prior to moving onto the project area, all off-road equipment, which last operated in areas known by Forest Service to be infested with specific noxious weeds of concern, is free of soil, seeds, vegetative matter or other debris that could contain or hold seeds. Contractor shall certify in writing that each piece of off-road equipment is free of noxious weeds prior to the start of operations and before moving any equipment to the project area.

Contractor shall employ whatever cleaning methods are necessary to ensure that Off-Road Equipment is free of noxious weeds. Equipment shall be considered free of soil, seeds, and other such debris when a visual inspection does not disclose such material.

Contractor shall notify COR at least 2 days prior to moving each piece of off-road equipment onto

Forest Service land, unless agreed otherwise. Notification will include identifying the location of the equipment’s most recent operation. If the prior location of the off-road equipment cannot be identified, Forest Service may assume that it was infested with noxious weed seeds. Upon request of Forest

Service, Contractor shall arrange for Forest Service to inspect each piece of off-road equipment prior to it being placed in service. The Forest Service will issue an Equipment Cleaning Inspection Form at the

Hat Creek Ranger District. Equipment is to be inspected off National Forest land.

12. SAFETY/TRAFFIC CONTROL

When Contractor’s operation are in progress adjacent to or on Forest Service controlled roads and trails open to public travel, Contractor shall furnish, install and maintain all temporary traffic controls which provide the road user with adequate warning of hazardous or potentially hazardous conditions associated with Contractor’s operations. Devices shall be specified as in the “Manual on Uniform Traffic Control

Devices for Street and Highway” (MUTCD). Devices shall be appropriate to current conditions and covered or removed when not needed.

Contractor shall be responsible to clear overhanging or fallen trees and snags across roads accessing the project area and keep roads free of activity debris.

13. ARCHEOLOGICAL SITES

Contract tasks shall be conducted up-to but not on-to any prehistoric/historic cultural resource sites. If an archeological site is discovered during operations the COR, inspector or sale administrator shall be notified. As result the site will be flagged and shall be avoided and treated as a non-treatment area.

14. PREVENTION OF OIL SPILLS

If the contractor maintains storage facilities for oil or oil products on the project area, Contractor shall take appropriate preventive measures to ensure that any spill of such oil or oil product does not enter any stream or other waters of the United States or any of the individual states.

If the total oil or oil product storage exceeds 1,320 gallons in containers of 55 gallon or greater, Contractor shall prepare a Spill Prevention Control and Countermeasures Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered engineer.

Contractor shall notify appropriate agencies, including Contracting Officer, of all reportable (40 CFR

110) spills of oil or oil products on or in the vicinity of the project area that are caused by the contractors employees or contractor directly or indirectly as a result of contractors operations.

Contractor will take whatever initial action may be safely accomplished to contain all spills.

Contractor shall notify the National Response Center and Contracting Officer of all releases of reportable quantities of hazardous substances on or in the vicinity of the project area that are caused by the contractors employees or the contractor, directly or indirectly, as a result of operations, in accordance with 40 CFR 302.

15. HAZARDOUS SUBSTANCES

The contractor shall maintain all equipment…