Amendment 0001 Solicitation 1284LL210Q4002.pdf

RFQ 1284LL210Q4002 Road Blading, Libby Ranger District Page 1 of 43

2021 Road Blading Libby Ranger District

Kootenai National Forest Lincoln County, Montana

SCHEDULE OF ITEMS

ITEM NO. 1 – 2021 Road Blading Libby Ranger District

PRIMARY ROADS

(See Price Cost Schedule)

ITEM NO. 2 – 2021 Road Blading Libby Ranger District

OPTIONAL ROADS

(may fund all, none, or a portion of the following)

(See Price Cost Schedule)

*NOTE 1: Quote on All Items. Only quote(s) to the nearest cent will be accepted.

Quoters Shall Include If Quote Results in an Award:

Signature: Phone:

Printed Name: Fax:

Signature: DUNS #:

Business Name/Address:

Email:

*SEE PAGE 44 FOR EVALUATION CRITERIA AND REQUIRED DOCUMENTS FOR QUOTES.

Basis of Award. Award will be made by item. The Government reserves its right to award one or more contracts as a result of this Request for Proposal. Offer of award will be made to the Quoter(s) whose quote(s), as determined by the Contracting Officer, provide(s) the best value to the Government, RFQ 1284LL21Q4002 Road Blading, Libby Ranger District Page 2 of 43 considering but not limited to, such factors as price, past performance, and capability to accomplish this type of work. The Experience Questionnaire will be used as part of this evaluation.

Moving Equipment: Costs for mobilization and moves between job locations will be considered incidental to the ordered work, therefore the Contractor must consider this expense in the pricing.

Site Visit: There is not a scheduled site visit. If you need more information, call Dave Haines (COR): Office / (406) 283-7528 or Cell / (406) 291-0485. Quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable.

In no event shall failure to inspect the site constitute grounds for a claim after contract award.

*NOTE 3: CLOSURE NOTIFICATIONS. All or portions of the following roads are behind gates which are closed during various times of the year. No activity will be allowed within the restricted portions of these roads until the COR has been notified and the activity has been approved to proceed:

Primary Roads

None

Optional Roads

None

CONTRACT CLAUSES INCORPORATED BY REFERENCE

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 these addresses:

Federal Acquisition Regulations https://www.acquisition.gov/?q=browsefar Agriculture Acquisition Regulations www.usda.gov/procurement/policy/agar.html

FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (OCT 2018)

AGAR 452.211-74 Period of Performance. (FEB 1988) The period of performance of this contract is from the date of Notice to Proceed through 30 Sep , 2021.

The estimated start date is May 2021.

AGAR 452.237-74 Key Personnel. (FEB 1988)

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

https://www.acquisition.gov/?q=browsefar http://www.usda.gov/procurement/policy/agar.html

RFQ 1284LL21Q4002 Road Blading, Libby Ranger District Page 3 of 43

Name of Project Foreman/Superintendent:

Name of Equipment Operator:

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

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

ADDENDA TO FAR 52.212-4 Contract Terms and Conditions – Commercial Items. (OCT 2018)

Approval of Subcontracting: The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum: 1) the name, address and telephone number of the subcontractor; and 2) the date upon which the subcontract was entered into and its duration.

Availability of Funds: The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

GENERAL SPECIFICATIONS BLADING SERVICES

RFQ 1284LL21Q4002 Road Blading, Libby Ranger District Page 4 of 43

Objectives and Scope of Contract. The contractor shall perform road maintenance blading that will result in the proper mix of aggregates and fines to maintain aggregates on the road way, the elimination of ruts and chuckholes, maintenance and functionality of ditchlines and water diversion structures, and removal of rocks, limbs and other debris from the road prism. The services covered in this contract include the furnishing of all labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to perform road maintenance blading on roads specified herein, in compliance with the terms, specifications, conditions, and provisions of this solicitation.

Location and Description. The work sites are located on the Libby Ranger District of the Kootenai National Forest. See attached maps for road locations.

Standard industry practice indicates use of a motor grader with a 12 to 14 foot moldboard blade and scarifiers to effectively perform this type of work. Some roads or road segments may require scarification in conjunction with grading in order to cut out washboards and chuck holes or removal of exposed rocks.

The equipment used to perform this work shall meet safety standards and shall be in good mechanical condition.

Moving of Equipment and Supplies. The initial moving of equipment, accessories, support equipment, and personnel to the jobsite specified, shall be incidental to the unit price as listed above, in the Schedule of Items. The moving of equipment and supplies between job sites defined in each item shall be the contractor's responsibility and is incidental to blading.

Replacement of Equipment. Contractor shall provide quality equipment capable of safely performing the work under the terms of the contract. If equipment is rejected because it does not meet minimum requirements, including but not limited to safety and operability, or if it becomes inoperative, the Contractor shall correct the deficiencies or furnish replacement equipment meeting contract requirements within 2 days. All repairs are the total responsibility of the Contractor. Contractor shall inform the Contracting Officer within 24 hours of a breakdown which will cause a delay of work of more than 1 working day. In this event, the Contractor shall have, and provide a plan to remedy the issue to the Contracting Officer.

Equipment Performance Standards

Contractor shall make equipment available for inspection and approval before use.

To help prevent the spread of weeds, the Contractor shall wash their equipment prior to starting work.

The equipment shall be washed with a pressure washer capable of producing enough water pressure to remove all mineral and organic material from the machine. The Contractor shall notify the CO at least 48 hours prior to mobilizing any equipment to the worksite. The Government will inspect equipment for compliance with this requirement and provide the Contractor with written approval to proceed to the jobsite.

The Contractor must satisfy all applicable OSHA and DOT requirements or certifications for the operation of offered equipment. There will be no obligation to make payment for any equipment delivered that does not meet the Technical Specifications.

The Contractor shall provide skilled operators experienced in the type of work for which the equipment is being ordered. If during the prosecution of the work the COR determines through observation and or

RFQ 1284LL21Q4002 Road Blading, Libby Ranger District Page 5 of 43 discussion that an operator is inexperienced in the work and/or is unable to safely maintain a reasonable rate of production, the operator will be rejected. If the operator is rejected the Contractor will be notified in writing to furnish a replacement operator with the necessary skills to perform the work.

Equipment provided to conduct work must meet or exceed the following minimum specifications:

Motor Graders

(1) Minimum rated flywheel horsepower: 125

(2) Minimum operating weight: 26,000 pounds

(3) Maximum age: 20 calendar years (year of manufacture no earlier than 2001).

(4) Enclosed cab.

(5) Tandem Drive.

(6) Hydraulic shift moldboard – minimum width 12 feet, and maximum width 14 ft, with replaceable cutting edge and corner bits.

(7) Tool-bar ripper, rear-mounted, minimum 5 shanks.

(8) Minimum tread depth for all tires – ¾ inch measured at center of tread.

(9) Minimum tread depth shall be maintained during period of use.

(10) Equipped with fire prevention and suppression equipment in accordance with Fire Control.

EQUIPMENT WHICH EXCEEDS THE REQUIRED AGE

(a) Motor graders which exceed the required age by no more than ten years (year of manufacture no earlier than 1991) may be accepted ONLY if the equipment is certified to be in good operating and mechanical condition by a qualified mechanic employed by an independent repair facility or an authorized dealer for the make of equipment being offered. Questions as to qualifications of the mechanic shall be resolved by the Contracting Officer, whose decision shall be final.

(b) Offerors will be advised at the time initial awards are made whether their prices for equipment over the required age are competitive. If they wish to be considered for award on these items, the appropriate Inspection Form shall be completed by a qualified mechanic, as noted above, and submitted to the Contracting Officer no later than (XXXX, 2021) (submit with your quote). This inspection does not affect the Government’s right to make additional inspections of the equipment or to contact the inspector concerning the inspection performed.

Pollution and Erosion Control.

During all operations under this contract, the Contractor shall exercise reasonable measures to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to prevent or minimize soil erosion and pollution of water and other resources.

Sidecasting of material smaller than 4 inches in diameter is prohibited on road segments within 300 feet of a stream. Material greater than 4 inches from surface or ditch maintenance will not be sidecast in locations where there is a potential to enter the stream. Large boulders may be side cast.

All refuse, including garbage, rubbish, and solid or liquid wastes from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be stored and collected in a sanitary manner and disposed of in a State-approved sanitary landfill. Oil from crankcases or gear boxes, equipment waste or spilled or excess fuel shall be placed in containers and removed from the work site and disposed of as approved and required by Federal, State and Local laws.

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PERFORMANCE SPECIFICATIONS

WORK OBJECTIVES

(a) Blading and Shaping. Surface blading is keeping the native or aggregate surfaced road in a condition to facilitate traffic, minimize additional future maintenance, reduce erosion, and provide proper drainage.

It includes maintaining the crown, in-slope or out-slope of the traveled way and shoulders, drainage dips, maintenance of all ditches and leadoff ditches, berms, turnouts, removal of minor slides and slumps, and other irregularities that prevent normal runoff from the road surface. As part of proper surface blading, it is imperative that the cutting edge be maintained. The Contractor shall maintain less than a 1 inch crown/center wear in relation to outbound tips. Cutting edges with center wear in excess of 1 inch shall be replaced, or surfaced, or trimmed to remove said crown.

(1) – Blade road to remove surface irregularities and shape to provide a uniform surface without loss of aggregate surfacing or disturbance or loss of road base material. The blading shall be performed in such a manner as to preserve the existing cross section and to conserve surface materials. Maintain the existing cross slope or crown unless directed otherwise by the COR.

(2) - On gravel surfaced roads, the base must not be disturbed and no surface material may be bladed into the ditch or over the road shoulders. All available aggregate lost to the side of roadway, regardless of cause, shall be returned and mixed into the driving surface. Blading of native surface roads shall be performed so no base material under four (4) inches in the greatest dimension is lost. All ruts, holes, etc., shall be removed by scarifying and/or cutting to the bottom of any surface irregularities. Oversize material brought to the surface in the scarification process shall be removed from the roadway. Surface material which has been displaced to the shoulders, turnouts, outside of curves, etc., shall be brought back so as to leave a uniform depth on the traveled way at completion of blading. Surface material shall be bladed from one edge of the road to the other in a berm in order to eliminate any segregation prior to spreading. Sections having segregated materials after spreading shall be reprocessed and spread. Remove all organic, deleterious material larger than 6 inches from the top 6 inches of subgrade.

(3) – Elimination of ruts, chuckholes, and washes. These defects shall be repaired by scarifying or cutting to the bottom of such defects to provide for uniform compaction of roadbed material. High grading, or any method which merely fills depressions with loose material, does not eliminate the defect or provide for uniform compaction is therefore not acceptable, resulting a complete reworking.

Dispose of rocks larger than 4 inches brought to the surface during scarification in areas designated by the COR. For portions of road not requiring scarification, the roadbed may contain rocks larger than 4 inches provided they do not extend above the finished roadbed surface. Reduce in place or remove rock extending above the finished roadbed surface. Dispose of rocks in areas designated by the COR.

(4) – Repair of Settlement sections shall be performed where possible by cutting from the roadbed on each end of the settled area and filling into the settled area to provide smooth transitions to adjacent road grades. If this will not accomplish the objective, the COR shall be informed.

(5) - Grading and shaping operations shall not undercut road backslopes.

(6) – At intersections, the roadbeds of side roads shall be graded for a reasonable distance to assure proper blending of the two riding surfaces.

(7) - Existing drainage dips shall be cleaned and the outslope grade restored to equal or exceed the gradient of the road.

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(8) - At the conclusion of the grading and shaping operations the roadbed shall be smoothed and dressed to produce a uniform grade and cross section and a surface free of hollows, depressions, and projections above the adjacent roadbed surface. No berm or ridge or any material shall be left along either shoulder of the roadbed unless directed by the COR.

(b) – Drainage Facilities – Cleaning and Repair

(1) - Wood, rocks, vegetation, and other debris shall be removed from roadside drainage ditches to provide unobstructed flow of water. All ditches will be pulled to a minimum depth of 12 inches except where not possible due to bedrock or similar obstruction. The backslope of the ditch shall not be undercut by ditch cleaning operations; and the slope to road shoulder shall be maintained at an approximate ratio of 3:1 from the bottom of the ditch to the edge of the roadbed. Roadside ditches shall not be excavated to a depth of greater than 2 feet below roadbed grade. Typical depth of roadside drainage ditches below roadbed is one + foot. Note: A chainsaw may be required to cut/remove logs which impede proper blading.

(2) - Wood, rocks and other debris resulting from the cleaning of drainage ditches shall be removed and disposed of on the jobsite as directed by the Contracting Officer's Representative. On aggregate-surfaced roads, material may be bladed across the road provided it is not deposited in ruts, washes, or chuckholes in the road surface. Such material shall be sidecast on stable fill slopes or natural ground out of streambeds, streams, or other waterways. No sidecasting will be permitted within 300 feet of a stream.

On roads without aggregate surfacing, surface soil with rocks less than 2 inches in greatest dimension may be spread evenly over the adjacent roadbed.

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

(a) - Traffic Conditions

2.7.1.1 - Roads shall be open to traffic.

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

2.7.1.3 - Any unusual conditions created in the roadway that must be left overnight or on weekends due to weather conditions or breakdowns, such as a berm, shall be properly signed as a hazard and visibly illuminated at night.

(b) - Devices

(1) - The Contractor shall provide, erect, and maintain all necessary barricades, danger signals, detour and other signs, and take all necessary precautions for the protection of the work and safety of the public. All such barricades and signs shall be in accordance with the Manual of Uniform Traffic Control Devices (MUTCD), current edition, as published by the Federal Highway Administration, U.S.

Department of Transportation.

(2) - As a minimum the Contractor shall provide two signs with stands, stating “Road Machinery Ahead”. (See Attachment listed in Section J – MUTCD Designation W21-3). Signs shall be a minimum of 36 inches by 36 inches in size with 6-inch black letters on an orange retroreflective background. Signs shall be in good condition and lettering shall be legible. Signs shall be posted at the beginning and end of the daily work area before work begins. Homemade signs shall not be permitted.

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

(4) - Signs shall at all times be within two miles of the operating equipment or personnel or as agreed with COR.

(5) - Hazards incidental to the work within or on the traveled way, shoulders, or turnouts shall be marked with hazard identification, illuminated beacons, or other MUTCD devices to safely guide road users through the area. Work shall be scheduled to provide for completion of segments on a daily basis.

(c) - Equipment Vehicles and machinery not directly used in the maintenance operation shall be parked off the traveled way to minimize interference with the normal use of the road.

Removal of Obstructions. All fallen trees, limbs, or brush in the travelway or road ditch line shall be removed and scattered outside the travelway.

Damage to Structures. The Contractor is responsible for any damage caused by his/her personnel or equipment to any existing cattle guards, culverts, signs, and riprap protecting culvert inlets or fill slopes.

Note that the sidecasting of aggregate meant to be a part of the road surface is considered damage and would required repair/replacement at the sole expense of the Contractor. Repair to these structures shall be at the Contractor's expense.

Soil Moisture – Retention of Fines. Contractor is responsible to ensure that performance does not reduce the level of fines in the road surface. Therefore, operations may be suspended when soil moisture conditions are not favorable for obtaining a satisfactory result. Suitable moisture conditions are determined to be in excess of five (5) percent and less than 15 percent by weight unless otherwise authorized by the COR.

INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-4 Inspection of Services - Fixed-Price (AUG 1996)

Contractor Quality Control Inspection. The Contractor shall ensure that performance meets contract specifications prior to requesting the Government to inspect for payment or acceptance.

Request for Government Inspection: Upon completion of an entire road, or segment of road not less than 5 miles in length, the Contractor shall contact the Contracting Officer's Representative (COR) to set a mutually agreed upon date for inspection of completed work. Records of quality inspections shall be kept http://www.acquisition.gov/far

RFQ 1284LL21Q4002 Road Blading, Libby Ranger District Page 9 of 43 and made available to the Government throughout the performance period and for the period after contract completion until final settlement of any claims under this contract.

Acceptance. Acceptance of the work under the contract will be made after the COR has made the determination of satisfactory compliance with all specifications. For acceptance purposes, complete segments as defined in (b) above, shall be satisfactorily completed before acceptance will be made.

Acceptance will not be made for segments broken by unacceptable portions of work. Work that does not meet the contract requirements will be brought to the Contractor's attention. Repetitive or continuous failure to meet contract requirements may result in a quality adjustment to payment up to 5% or the Contractor's right to proceed may be terminated.

Measurement. Accepted work will be measured in miles to the nearest tenth mile along the centerline of the roadway, and shall include only those roads or road portions which are ordered under the contract and completed in accordance with the specifications. Measurement will be by a Forest Service vehicle.

NOTE: Parking areas, turnouts, and approach road connections are considered as part of the main roads and shall not be measured separately. Mileage measurement includes all work, in compliance with all specifications, on both sides of the road.

Payment. Payment will be made for completed and accepted mileage to the nearest tenth of a mile, at the contract unit price per mile for the applicable item. The Contractor shall only bill for complete units in the Schedule of Items; partial completions of units are not eligible for payment consideration.

DELIVERIES OR PERFORMANCE

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

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

Performance Period. The contractor shall maintain progress at a rate, which will assure completion of the work within the period specified. The Government may restrict operations on weekends of expected high use.

The Government reserves the right to specify the sequence in which the work is performed.

AGAR 452.211-75 Effective Period of Contract (FEB 1988)

The effective period of this contract is from Notice to Proceed is issued through 30 Sep, 2021.

The Government shall issue a Notice to Proceed as soon as weather and ground conditions are favorable for work. The count of contract time will start on the date specified on the Notice to Proceed. The

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

Upon issuance of a Notice to Proceed, all work shall be performed during daylight hours, Monday through Friday, and Weekends 7:00am – 7:00pm, excluding federal holidays or as agreed to by the COR.

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

The Government may issue a Notice to Proceed as soon as weather and ground conditions are favorable for work. The count of contract time will start on the date specified on the Notice to Proceed.

CONTRACT ADMINISTRATION DATA

Pre-Work.

Pre-work conference. Before work begins on service contracts, a pre-work conference may be held to discuss the contract--especially the specifications, labor provisions, plan of work, and selected standard clauses. If held, the pre-work meeting will be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting will be held at a date, time and location to be determined by the Contracting Officer after award.

Notice to Proceed.

No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed.

SPECIAL CONTRACT REQUIREMENTS

Safety: Contractors shall comply with OSHA regulations and provide employees a work environment that is sanitary and not hazardous, which includes providing personal protective equipment. Contractors must maintain a health and safety plan and an accident prevention program, which includes frequent and regular inspections of the project site, materials and equipment. Contractors are responsible for risk management regarding contractor/employee and public safety, which include experience of operator to handle road and terrain conditions, getting to the worksite, traffic control, and coordination with other users.

Personal Protective Equipment

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

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

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

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

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

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

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

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

Loss, Damage, or Destruction:

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

All claims arising under this clause will be submitted to the Contracting Officer.

Fire Control:

(a) Fire Protection Requirements - Fire Plan. During the fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved hand tool of a type appropriate in the contract area, such as shovel, Pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement.

Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2-pound capacity with 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one Pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve

RFQ 1284LL21Q4002 Road Blading, Libby Ranger District Page 12 of 43 mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; and (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester.

Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with hand pump attached, shall be immediately available for use in the event of a fire start.

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(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire-risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

(12) Pump and Trailer. NOT REQUIRED.

Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4

Use of Premises

Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on National Forest land or lands administered by the Forest Service, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the Contractor. Such permission, if granted, will be without charge to the Contractor.

Camping and Worksite Compliance

If the Contractor intends to camp it shall be with prior approval by the District Ranger and the Contracting Officer. The Contractor shall be aware of, and abide by, the rules of the Kootenai National Forest applicable to Forest users. All campsites and worksites require users to pack garbage out. The government will not be responsible for contractor created garbage. Within the developed campsites, campfires are only allowed within the designated fire rings. The Contractor is responsible for campsite and worksite clean up and his/her employees conduct while camping or working on National Forest Land.

Any non-compliance will result in suspension of work until compliance is achieved. Final payment shall be withheld until the authorized camping area and worksite area has been cleaned up.

Contractor Information: The Contractor shall abide by the OSHA’s Field Sanitation Standard, Fact Sheet No. OSHA 92-25, which applies to any agricultural establishment hiring 11 or more workers for hand labor.

Barricades, Warning Signs, and Other Devices

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the

RFQ 1284LL21Q4002 Road Blading, Libby Ranger District Page 14 of 43 protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

As a minimum the Contractor shall provide two signs with stands, stating “Road Machinery Ahead”.

Signs shall be a minimum of 36 inches by 36 inches in size with 6-inch black letters on an orange retro-reflective background. Signs shall be in good condition and lettering shall be legible. Signs shall be posted at the beginning and end of the daily work area before work begins. Homemade signs shall not be permitted.

Traffic approaching the work area from either direction or side approaches shall be warned by signing.

Signs shall at all times be within two miles of the operating equipment or personnel or as agreed with

COR.

Hazards incidental to the work within or on the traveled way, shoulders, or turnouts shall be marked with hazard identification, illuminated beacons, or other MUTCD devices to safely guide road users through the area. Work shall be scheduled to provide for completion of segments on a daily basis.

Vehicles and machinery not directly used in the maintenance operation shall be parked off the traveled way to minimize interference with the normal use of the road.

NOXIOUS WEEDS/EQUIPMENT CLEANING

Noxious weeds are any exotic plant species established or that may be introduced into the State which may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the State's Department of Agriculture, or by the County's weed management district, or by other appropriate agencies having jurisdiction. A weed management district is any area of land identified for the purpose of weed management or control. Such an identified land area may be, but is not limited to one of the following: a project or job site, a County, two or more Counties, or a National Forest.

To mitigate the anticipated impacts of spreading noxious species, the following precautions shall be used:

All equipment and vehicles to be used at the job site shall be cleaned and free of noxious weeds and their seeds prior to entrance onto the project site. The restriction shall include equipment and vehicles intended for off-road as well as on-road use, whether they are owned, leased, or borrowed by the contractor or any subcontractor.

Equipment shall be considered free of soil, seed, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment, components or the need for specialized inspection tools is not required.

RFQ 1284LL21Q4002 Road Blading, Libby Ranger District Page 15 of 43

Notify the Contracting Officer in writing at least 24 hours before moving any equipment onto the national forest. Notification will include an agreed upon location where the equipment will be available for inspection by the Forest Service. Inspection will be required after each subsequent cleaning.

The Contractor shall only use methods of cleaning and locations for cleaning approved by the Contracting Officer.

New infestations of noxious weeds of concern to Forest Service and identified by either Contractor or Forest Service, on the project area or on the haul route, shall be promptly reported to the other party. The Contractor and Forest Service shall agree on treatment methods to reduce or stop the spread of noxious weeds when new infestations are found. A current list of noxious weeds of concern to Forest Service is available at each Forest Service office.

The initial cleaning shall be incidental to the unit price. Additional cleanings required by the Contracting Officer as a result of the Contractors failure to properly clean/remove vegetation will not be included for payment. Subsequent cleanings necessitated by the Contractor’s actions, but not directed by the Contracting Officer, will not be included in the measurement for payment. Equipment may not be removed from the wash site until it has been inspected and approved. Should equipment be moved without approval, Contractor shall bear all costs of treatment to potential newly infected areas traveled by unapproved equipment. Treatment performed by FS personnel, with FS supplies and equipment.

Treatment shall mean weeds mitigation, spraying, and/or any other means deemed necessary by the Government to prevent weed migration.

Certification of each piece of equipment or vehicles shall remain valid for the duration of the project as long as the identified subjects remain solely on the project. Off road equipment that leaves the job site shall be recertified before being allowed to return.

Noxious Weed Control

The following roads in the Libby Ranger District project area have been identified as having active Rush Skeleton Weed, Tansy Ragwort, Dalmatian Toadflax, and/or Leafy Spurge infestations.

These sites will be identified on the ground prior to blading. All sites will be bladed and machine shall be washed before leaving the designated area.

Tansy Ragwort sites will be bladed BEFORE July 5th of the growing season.

Machinery shall be washed prior to removal from all weed sites listed/marked and the Expense(s) shall be included in the unit cost for each item.

PRIMARY ROADS

Insert Roads List

RFQ 1284LL21Q4002 Road Blading, Libby Ranger District Page 16 of 43

Optional Roads

Insert Roads List

ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

An EMS provides a systematic approach for continually improving environmental performance. An EMS identifies the major environmental aspects and associated impacts that occur on a National Forest or Grassland. There are controls already in place to manage these impacts, such as NEPA analysis, best management practices (BMPs), and resource monitoring. The EMS simply documents and ensures that these controls are in place and working as intended. EMS is an ongoing process that formalizes the Forest Service’s commitment to adaptive management and continual improvement of the environment.

Environmental Objectives:

Invasive Weeds – Reduce invasive weed introduction or spread through improved and more effective control and management.

Vegetation Management – 1) Restore or maintain vegetation health including the improvement or maintenance of resilient, native wildlife habitat and 2) Reduce fuels in a pattern and location to decrease fire intensity in the proximity of WUI or Community Wildfire Protection Plan areas.

Travel Management – 1) Reduce the existing road systems’ contributed sediment and impairment of water quality and aquatic habitats and 2) Improve security for grizzly bears or elk through the designation of roads, trails, and areas for motor vehicle use.

CONTRACT CLAUSES AND PROVISIONS

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

52.223-1 Biobased Product Certification (MAY 2012) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEPT 2013) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts (AUG 2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

RFQ 1284LL21Q4002 Road Blading, Libby Ranger District Page 17 of 43

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes (MAY 2014) Alternate I (DEC 1991) 52.233-3 Protest After Award (AUG 1996)) 52.246-1 Contractor Inspection Requirements (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988) 452.236-70 Additive or Deductive Items (FEB 1988) 452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.237-75 Restrictions Against Disclosure (FEB 1988)

FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (OCT 2018)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B.

in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

http://www.sam.gov/portal http://www.dol.gov/fairpayandsafeworkplaces

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