Bitterroot Selway Wilderness Trail Clearing RFQ_.pdf

Solicitation Number: 1284LM21Q0038

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, FAR Subpart ___13___ and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

This solicitation is issued as an RFQ. Request for Quotation

The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular 2021-04.

This procurement is set aside for _Small Business__ The NAICS code is _115310_and the Small

Business Size Standard is 8.0 M_.

Schedule of Items/Price Schedule

Basis of Award

The Government intends to make a single award from this solicitation. Offerors shall provide a quote on Item 1 (Wilderness Areas – Selway River). The contract award selection will be based on a Best Value determination by the Contracting Officer. Evaluation factors are past performance, experience doing similar work, technical knowledge, safety, quality control, and price. Non-price factors when combined are equal to price.

See Scope of Contract below for Item Specific Specifications.

Item Name Item

Supplies/Services

Est.

Qty.

Unit

Quote

Unit Price

Quote

Total Amount

BNF GAOA 2021 Trail

Opening SB & FCRONR

Wilderness Areas –

Selway River

1 Trail Opening Miles 262.2 MI $ $

Scope of Contract

The Federal Government has a requirement for a Performance-Based Service Contract for Trail

Opening for the USDA Forest Service, Bitterroot National Forest. Peformance-Based means the

Contractor is responsible for an end product. If an end product is not provided in compliance with the contract specifications, an adjustment to the payment will be made.

The work involves performing Trail Opening on Wilderness trails throughout the Idaho portion of the Bitterroot National Forest. The type of work includes: “Logging Out” all downed or leaning trees within the clearing limits; “Loose Rock Removal” of all rocks larger than 6 inches from the trail tread; and “Drainage Clearing” of all drainage structures made out of log or rock.

Trail Opening standards, specifications and performance requirements are detailed below.

Contractors are required to complete work to meet these specifications and performance requirements as explained in solicitation.

All Trail miles are located in Wilderness, no use of motorized tools or mechanized transport is allowed.

The Contractor shall provide all expertise, labor, supervision, services, equipment, mobilization, tools, supplies, permits, licenses, transportation, and incidentals necessary to perform trail opening in Wilderness, for which the desired outcome is in strict accordance with the Standard

Trail Plans and Specifications.

All trails in this contract were maintained in 2019 as stated on the table of Exhibits A .

The amount of work required to successfully perform trail opening will vary widely. Trails affected by fire or bug killed trees can have significantly increased work load. It is the quoter’s responsibility to consider trail conditions prior to submitting a quote. Prospective contractors should submit quotes that capture this consideration as part of that Item’s quote.

The terrain is characterized by very steep and deeply dissected topography. Weather conditions in this area are unpredictable and may include thunder, lightning storms, and wind. These conditions are already accommodated in the delivery schedule. Quoters may encounter tread conditions caused by natural events that may constitute a change in accordance with the FAR

52.243-1 Changes – Fixed Price, Alternative I (see section C- 3). Conditions on the trails will vary widely in regard to the amount and size of downed or leaning trees, loose rock and drainage clearing. Consequently:

Standing dead trees, often referred to as “snags”, occur throughout the Forest environment. They can fall to the ground unpredictably. Trail opening may require that “snags” be cut, either from a leaning position above the ground or as a downed tree. Some weather conditions may increase snag instability. Trail maintenance contractors need to evaluate the hazard posed by snags for personal safety particularly during windy conditions.

These tasks shall be completed by the dates shown in Exhibit A and F-2 - Performance Period, snow melt and other access conditions permitting. All laws, rules and regulations pertaining to travel restrictions and other activities on National Forest lands shall be adhered to during the performance of the work. Examples are weed free hay requirements, travel restrictions in effect in certain areas, and use of authorized equipment in wilderness situations.

If the contractor has trouble locating a trail or sections of a trail, they shall contact the COR and request assistance in trail/section identification prior to proceeding.

Location and Description

This project is located on the West Fork Ranger District, Bitterroot National Forest, in Idaho

County, Idaho; west of Nez Perce Pass (T28N R15E SecPB 39). The trails are located in the

Selway-Bitterroot Wilderness and Frank Church River Of No ReturnWilderness . See attached exhibit maps. These maps are modified excerpts from the 2015 edition of the Bitterroot National

Forest (South Half).

Exhibit B - BNF – GAOA – 2021 Trail Opening Contract – Selway River - Map

“Catastrophic” situations and FAR 52.212-4 , Contract Terms and Conditions —

Commercial Items

The Contractor may encounter trail conditions caused by natural events that may be outside the scope of this contract. In the past this has included, but may not be limited to, massive snow avalanches, or stream flooding which results in lost trail tread. These situations would be considered “catastrophic” and constitute a Changed Condition, outside the workload normally encountered. FAR 52.212-4, Contract Terms and Conditions — Commercial Items applies and the

Contracting Officer may, in writing, order changes within the general scope of the contract if he determines that the section of trail in question can be made operable with existing contractor resources during the life of this contract.

Blazing Trees

Blazing trees is prohibited per CFR 261.9a. Contractors shall comply with all regulations relevant to Forest Service administered lands. If the contractor is not able to locate/follow a trail, they should contact the COR for assistance PRIOR to proceeding.

Government-Furnished Property

None. There are no Government-owned stock holding facilities available for contractor use for the completion of this contract. Developed camp areas may only be used with permission of the

District Ranger of the distict that these facilities are located upon. Use must be scheduled and coordinated 7 calendar days in advance. See camping specifics.

Performance Requirements

Performance is based on the following three elements of Trail Opening: Logging Out; Loose

Rock Removal; and Drainage Clearing.

Exhibit C - Clearing Limits-Trees and Logs - STD_912-01

Clearing Method: Clearing Type: (C3) Trail Opening = logging out, loose rock and drainage clearing.

Clearing Limits: (A) downhill width is 4 feet, (B) uphill width is 4 feet, and (C) clearing height is 10 feet.

Leave Trees: (D) Leave trees should be all live, sound, and undameged with uncompromised root systems and be within a minmal distance of 4 feet from centerline.

Clear Zone (“pack bumpers”): (E) downhill width 12 inches, (F) uphill width 18 inches, and (G) maximum obstruction height is 24 inches w/ a diameter of 4 inches or greater.

Stumps: (H) maximum height is 3 inches.

Hazard Tree: N/A not applicable.

Disposal Method: (D2) scatter on fill slope.

Logging Out:

This work consists of removing all downed or leaning trees, logs or parts of trees/logs (attached or not attached to their root systems, live, dead or burned) that have entered the trail clearing limits (width and height).

Removal includes main bole, limbs, branches, bark, heavy concentrations of needles and other woody debris resulting from the tree falling or leaning into the trail clearing limits.

“Go Around” routes developed by users to by pass down trees on the trail are not the original trail clearing limits.

Loose Rock Removal:

This work consists of the removal and disposal of loose rock from the trail tread.

Remove loose rocks that are larger than 6 inches at their greatest dimension from the trailbed.

Loose rocks are rocks that are not firmly embedded in the trail and can be removed by hand.

Where the trailbed consists predominantly of rock with little or no soil present, remove all loose rock larger than 6 inches.

Fill any holes remaining from rock removal with suitable material and compact.

If the rock removed is not needed for other items of maintenance work, scatter the rock by side-casting to the lower side of trailway beyond the clearing limits, and distribute rock to ensure that no blockage of drainage or creation of a windrow occurs. Do not dispose of waste materials in water courses.

Any rock that is too large for 2 people to move must be reported to the Inspector or COR.

Drainage Clearing:

This work consists of maintenance of existing waterbars built from log, rock, or flexible rubber belt materials.

Clean the upgrade side of all existing waterbars.

Use and compact suitable material removed from the upgrade side of log and rock waterbars to bring the trail tread flush with the top of those waterbars on the downgrade side.

Remove material accumulated against flexible rubber belt waterbars, so that the rubber belting can bend. Use and compact suitable material removed from the upgrade side to bring the grade flush with the lumber supports.

Scatter all unusable material that is cleared from the drainage structures 3 feet or more beyond and below the trail or drainage facility and out of water courses.

Special Project Specifications

See Section J for the list of Special Project Specifications that are incorporated into this solicitation and any resultant contract.

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

(a) Definitions. "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 with 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 reperformance, 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.

Contractor Quality Control

The Contractor is responsible for management and quality control actions to meet the terms of this contract.

The Contractor shall establish and maintain a complete Quality Control Plan to ensure compliance with the Performance Quality Standards and/or Acceptable Quality Levels.

Contractor shall submit said Quality Control Plan as part of quote.

A description of the quality control plan shall include safety measures, location of documented inspections, and corrective or preventive actions taken for unsatisfactory performance.

The Government will also periodically review the manner in which the contractor is conducting the quality control program by either reviewing the contractors records, observing actual performance or both.

Government Quality Assurance and Surveillance

The Government will perform periodic inspections during the performance period to ensure the accuracy of the fieldwork in accordance with the Contractor Quality Control Plan and standard protocol. A Final Inspection will be performed when notified by the contractor that work has been completed in part or in whole.

Additional Inspection and Acceptance Requirements

(a) Inspection Procedure. The Government may make an inspection of the work. The

Contractor shall notify the Contracting Officer Representative when each trail is complete and ready for inspection. If inspection is not performed within 10 days of Contractor's notification to the Contracting Officer Representative, the trail will be considered accepted.

The Contractor is encouraged to observe the inspection.

Reinspection. If the original inspection results are unacceptable and a second inspection is requested after rework, the inspection procedures will be the same as the first inspection.

Request for reinspection must be made in writing. The Contractor shall pay for inspections necessitated by rework.

FAR 52.236-7 Permits and Responsibilities (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the

Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

452.236-72 Use of Premises (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting

Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

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):

http://www.acquisition.gov/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

Performance Period

The estimated start work date is June 15 depending on date of award and trail conditions. All work shall be completed no later than September 30, 2021. This assumes the Government issues a Notice to Proceed by or on June 15, 2021.

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. The contractor shall not begin work until a notice to proceed is issued.

http://www.acquisition.gov/

Contract Time and Required Rate of Progress

The Contractor shall maintain progress at a rate that will assure completion of work within the contract time specified in the Contract.

Intermediate due dates are required for select trails in order to provide key public access during the contract period: Please see Exhibit A for the Completion Due Date of each specific trail.

Measurement and Payment

(a) The quantity to be paid for will be measured in miles and tenths of miles and will be those trails that are included in the contract, completed and accepted. Payment maybe made on a portion of a trail if it constitutes a portion of a logical trail loop completed during a trail hitch.

(b) Downfall areas that have an extraordinary amount of downed timber, slough and debris shall constitute a Change and will be administered in accordance with that regulation. The

Contractor shall notify the Contracting Officer in writing if a changed condition is discovered PRIOR TO taking any action.

Invoice Processing Platform (IPP)

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

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

http://www.ipp.gov/ https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

SPECIAL CONTRACT REQUIREMENTS

Contractor Representation

The Contractor shall designate, in writing, a person to act for the Contractor during his/her absence from the work site. The Contractor shall list the extent of authority this representative will have on the job. The Contractor or the authorized representative shall receive orders and instructions from the Contracting Officer and shall take such action as is required to keep the job in progress under the terms of the contract. Both the Contractor and any designated representative(s) shall have both verbal and written command of the English language.

Camping; Use and Transportation of Stock

Camping will be permitted at locations designated by the Contracting Officer. A camp management plan and work progress schedule must be submitted to and approved by the

Contracting Officer prior to occupying any camp on National Forest land. This shall be given to the Contracting Officer prior to work start date. The plan shall address camp location, low impact methods, food storage, stock use and containment, and disposal of garbage and human and animal wastes. Garbage shall be hauled to the nearest authorized county dump or transfer station. Use of developed (full service facilities) Forest Service campgrounds and other high use areas will not be allowed unless authorized by the District Ranger (see section C-5). Camping under this contract may be limited to 14 days in some locations, and is subject to availability of a suitable site.

Camping is restricted to low impact camping methods:

(a) Select campsites in durable areas at least 200 feet from lakes, streams, trails. Do not construct lean-to's, bough beds, or drainage ditches. Self-supporting tents and foam pads are alternatives to using native material.

(b) The camp area shall be maintained to present a clean, neat and orderly appearance. It should be kept clean and free of litter at all times. Combustible and organic garbage will be completely burned. Metal, glass, plastic, aluminum and other non-combustible/organic material will be packed out.

(c) Nailing to live trees is prohibited. Use rope or twine and shims if you attach tent poles to trees temporarily.

(d) Equipment caches are prohibited. All equipment (including stoves, tables, beds, tools, dishes, etc.) and supplies (including camp gear, food and horse feed) will be packed out at the end of the project.

(e) Pit-type latrines are mandatory at all multi-night camps, and will be located over 200’ from water.

(f) Don't build rock fire rings. Use a fire pit or fire pan to contain warming/cooking fires. Dig a shallow pit. Remove and save the sod or topsoil by setting it aside away from disturbance. Burn dead and down material. Keep fires small; burn all wood to a fine ash.

COR or his/her representative (an inspector) will designate any snag to be felled for camp wood, if necessary. Felled trees will be low stumped at no more than 3" height ground level.

(g) Do not add soap to lakes or streams (bathing or washing dishes).

Use and Transportation of Stock:

(a) Avoid tying stock directly to trees. Acceptable stock containment includes the use of grazing hobbles, pickets, high lines, rope hitch rails or electric fence systems in order to avoid scarring trees and compacting the soil. "Tree-saver" straps help avoid scarring when a rope hitch line is attached to a tree. Undeveloped, stock handling facilities will be located at least 200 feet from any water source. Manure will always be scattered at all camp and grazing sites to hasten decomposition.

(b) Allow stock to graze loose when possible, but under the direct care and control of handlers.

Montana is a “fence out” state but that does not excuse handlers from containing and controlling their livestock while on National Forest lands, including system roads. Loose grazing is not authorized at developed recreation sites.

(c) Stock are not permitted within many developed recreation sites. However, stock handling facilities are provided at some developed trailheads for temporary use. Certified, weed-free horse feed is required on all National Forest lands. Utilize feed bags and hay netting to contain feed. Contractors are encouraged to feed weed free horse feed to stock 48 hours prior to arriving.

(d) To further reduce the spread of non-native species, stock hauling vehicles and trailers will be cleaned at home prior to entry on National Forest lands. Cleaning will remove both manure from inside and weed seed debris from outside equipment. Weed seed sources include accumulated soil, plant parts, seeds, vegetative matter and other debris that is contained on equipment undercarriage, bumpers, wheel wells and trailer tongue.

(e) Equipment will receive a visual inspection at a place and time agreed to by CO and contractor, but will take place prior to reaching any trailheads. Any subsequent “move-ins” will be treated in the same manner as the initial move-in.

(f) Stock transported in the above mentioned vehicles and trailers will have saddle pads and feet cleaned prior to entry on National Forest lands.

(g) Pack and saddle stock must be ridden or led and not permitted to run loose on trails (except for short time periods when animal becomes crippled or where safety dictates otherwise).

Avoid cutting switchbacks to prevent erosion.

Fire Control

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the

Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The

Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the Contracor’s employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the

Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the

Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to the Contractor’s operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

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

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

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

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

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

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

Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are:

(a) small multiposition engines, such as chain saws, shall meet Society of

Automotive Engineers J335b standards;

(b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe;

(c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

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

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

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

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

10 feet from place of fueling before starting.

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

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

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

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

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

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

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container

(filled) with handpump attached, shall be immediately available for use in the event of a fire start.

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

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

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

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

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

Government will provide the patrolman.

(12) Pump and Trailer. Not required

(13) Burning. Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Obtain a burning permit from the District Ranger.

(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his/her discretion, prohibit all open burning for definite periods within specific areas of the National

Forest.

Safety Plan

The Contractor shall prepare a Safety Plan that addresses the specific hazards of the work area, and shall include working in dead trees and falling debris. The Contractor shall identify the specific conditions that he/she considers a hazard. The Safety Plan shall address the personal protective equipment and mitigating measures the Contractor will do to increase safety during work. The Safety Plan shall be provided by the Contractor as part of the quote.

Crew Size

The Contractor shall have a crew of sufficient size to ensure completion of the contract within contract time.

State of Idaho’s Notice to Offeror

Idaho Workers Compensation Law

(a) Prior to award of any contract subject to Idaho Workers' Compensation Laws, the contractor must provide (1) evidence that they have the required workers' compensation coverage or, (2) documentation from the State of Idaho exempting the contractor from such coverage.

(b) Contractors should obtain and complete a State of Idaho Certificate of Verification of Workers'

Compensation Insurance as documentation of insurance coverage or exemption. These certificates may be obtained from and returned to the Employee Compliance Division of the Idaho

Industrial Commission at the following offices:

North Idaho Southwest Idaho

1221 Ironwood Street, Suite 100 317 Main Street

Coeur d'Alene, ID 83814 P.O. Box 83720

(208) 769-1565 Boise, ID 83720-0041

Fax No. (208) 769-1465 (208) 334-6032

(800) 950-2110

Fax No. (208) 334-5145

Southeast Idaho

1070 Hiline, Suite 300

Pocatello, ID 83201

(208) 236-6366

Fax No. (208) 236-6040

(c) This certificate of verification shall be fully executed by the contractor and signed by the

Industrial Commission Compliance Officer prior to award of the contract.

FAR 52.252-2 Clauses Incorporated by Reference

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 fulltext available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http:www.arnet.gov/far/ and the Agriculture Acquisition Regulations may be accessed at www.usda.gov/da/procure/agar/subchaph.html#11.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.212-4 Contract Terms and Conditions — Commercial Items

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

Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in

DEVIATION 2017-1 (AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40

U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly

American; and 41 U.S.C chapter 21 relating to procurement integrity.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders – Commercial Items (JAN 2021) (DEVIATION JUL 2020)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-

91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(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:

[Contracting Officer check as appropriate.]

☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), 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 (Jun 2020) (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 (Jun

2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (5) [Reserved].

☐ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101note).

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

(Oct 2018) (41 U.S.C. 2313).

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15

U.S.C.657a).

[Contracting Officer check as appropriate.]

☐By the end of the base term of the contract and then by the end of each subsequent option period; or

☐By the end of the performance period for each order issued under the contract.

☐ (11)(ii) 52.219-3 Alternate I (Mar 2020) of 52.219-3.

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

Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (ii) Alternate I (Mar 2020) of 52.219-4.

☐ (13) [Reserved]

☒ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

☐ (ii) Alternate I (Mar 2020) of 52.219-6.

☐ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

☐ (ii) Alternate I (Mar 2020) of 52.219-7.

☐ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

(3)).

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

☐ (ii) Alternate I (Nov 2016) of 52.219-9.

☐ (iii) Alternate II (Nov 2016) of 52.219-9.

☐ (iv) Alternate III (Jun 2020) of 52.219-9.

☐ (v) Alternate IV (Jun 2020) of 52.219-9.

☐ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

☐ (ii) Alternate I (MAR 2020) of 52.219-13

☐ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

[Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or

☐ By the end of the performance period for each order issued under the contract.

☐ (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 (Mar

2020) (15 U.S.C. 657f).

[Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or

☐ By the end of the performance period for each order issued under the contract.

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15

U.S.C. 632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of 52.219-28.

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

[Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or

☐ By the end of the performance period for each order issued under the contract.

☐ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020)

(15 U.S.C. 637(m)).

[Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or

☐ By the end of the performance period for each order issued under the contract.

☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15

U.S.C. 644(r)).

☐ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

☒ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☐ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)

(DEVIATION JUL 2020) (E.O.13126).

☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222-26.

☐ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (Jul 2014) of 52.222-35.

☒ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

☐ (ii) Alternate I (Jul 2014) of 52.222-36.

☐ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

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

☒ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and

E.O. 13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

☐ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (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.)

☐ (37) (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.)

☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (Jun 2016) (E.O. 13693).

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

(E.O.s 13423 and 13514).

☐ (ii) Alternate I (Oct 2015) of 52.223-13.

☐ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

☐ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

☐ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct

2015) (E.O.s 13423 and 13514).

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

☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun

2020) (E.O. 13513).

☐ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

☐ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

☒ (48) 52.225-1, Buy American-Supplies (Jan 2021) (41 U.S.C. chapter 83).

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)

(DEVIATION JUL 2020) (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, 19 U.S.C. chapter 29 (sections 4501-4732), 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) (ii) Alternate II (May 2014) (DEVIATION JUL 2020) of 52.225-3.

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

☐ (50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal

Year 2008; 10 U.S.C. 2302 Note).

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

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

☐ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

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

☐ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10

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

☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct

2018) (31 U.S.C. 3332).

☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

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

☐ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (63) (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.

☐ (iii) Alternate II (Feb 2006) 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.]

☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (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).

In compliance with the Service Contract Labor Standards statute and the regulations of the

Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

______GS-04_______ ___$13.68/hr_________________________

_____GS-5________ ____$15.31/hr________________________

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

Adjustment (Multiple Year and Option Contracts) (Aug 2018) (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) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42

U.S.C. 1792).

(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, as defined in FAR 2.101, on the date of award of this contract, 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, http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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…