Combined Solicitation Docs Mechanical Roadside Fuel Trtmt.pdf

Ochoco National Forest 2023 Mechanical Roadside Fuels Removal Maury Mountains Solicitation # 1240BE23Q0107

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued as a ___ Request for Quotation (RFQ ___________.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04.

(iv) This procurement is set aside for _Small Business__. The NAICS code is __115310_____ and the Small Business Size Standard is _$34M_Fuels Management Services___.

(v) Schedule of Items/Price Schedule

Schedule of Items

Project Description: ___Roadside Fuels Reduction Services ___________________________

Vendor Name: __________________________________Vendor UEI:___________________

Item Supplies/Services Qty Unit of Issue

Unit Price Total Price

BASE ITEMS

01 Maury’s Mechanical thin, brush, jackpot, and pile, 30’ Burn Unit Side (Maury 4 to be completed by October 31, 2024)

30 MI $ $

OPTIONAL ITEMS

02 Maury’s Mechanical thin, brush, jackpot, and pile, 30’ Burn Unit Side

0-75 MI $ $

03 Maury’s Mechanical thin, brush, jackpot, and pile, 10’ NON Burn Unit Side

0-50 MI $ $

04 HEJ Mechanical thin, brush, jackpot, and pile, 30’ Burn Unit Side

0-15 MI $ $

05 HEJ Mechanical thin, brush, jackpot, and pile, 10’ NON Burn Unit Side

0-15 MI $ $

06 Wolf Mechanical thin, brush, jackpot, and pile, 30’ Burn Unit Side

0-50 MI $ $

07 Wolf Mechanical thin, brush, jackpot, and pile, 10’ NON Burn Unit Side

0-50 MI $ $

carmour Highlight

Schedule Notes:

a) Items labeled as optional are not required to be exercised by the government. If exercised, the contractor will be required to perform the optional work in accordance with the terms and conditions of this contract.

b) One award will be made from this solicitation, contractors must submit pricing for all items.

(vi) DESCRIPTION OF REQUIREMENT

The purpose of this solicitation is to secure services for prescribed fire road preparation.

Equipment must be able to cut, pile, jackpot and windrow brush and trees, and open closed roads. It is acceptable to use multiple pieces of equipment if needed. Only tracked type machinery will be considered, such as excavator with cutting head and hydraulic fingers or tracked feller buncher type of equipment. In addition to a cutting head it will also be necessary to have a bucket with hydraulic thumb and a front attached blade for opening roads. Award of Optional Items will be contingent on availability of funds. The Period of Performance (POP) for the Base Award Item of this Combined Solicitation and Synopsis, is from the date of award through October 31, 2024. If/when Optional Items are awarded the Period of Performance (POP) could be extended to November 30, 2027.

(vii) PROJECT LOCATION/ACCESSIBILITY/BOUNDARIES

(a) Work areas are located within the Ochoco National Forest and Maury Mountains. The attached vicinity and project area maps show general vicinity and specific locations.

(b) The project areas may be reached by the Forest roads suitable for hauling of heavy equipment during the normal operating season. The Forest Service assumes no obligation to plow snow or to perform special maintenance to keep roads open. Tracked equipment will not be allowed on paved road surfaces, cattle guards, or bridges. Prior written approval must be given by the Forest Service to operate tracked equipment on the forementioned. Normal equipment operation will be primarily on graveled, dirt, and skid road type surfaces, with limited use on native non roaded surfaces when approved by COR.

(c) Treatment unit boundaries will consist of virtual boundaries. Vendor will need Avenza map capabilities in order to follow unit boundaries. Digital maps will be provided. Consult Contracting Officers Representative for specifics on each unit.

CONTRACTOR OBLIGATIONS

Contractor shall furnish all equipment, labor, supervision, transportation, materials, tools, supplies, and incidentals necessary to perform the described work according to the specifications.

Contractor shall provide operators who have sufficient skill and experience to perform the work properly, safely, and in accordance with the specifications. Operators, who in the opinion of the Contracting Officer Representative (COR) do not do so, shall be removed from the project immediately by the Contractor upon written request by the CO.

PERFORMANCE OF WORK AND CONTRACTOR FURNISHED ITEMS AND

SERVICES

(a) Work consists of mechanically cutting whole trees and brush, moving created slash, existing slash, and cut trees as part of fuels reduction and prescribed fire preparation program.

(b) All cut material, created and existing slash along unit boundary for specified distance shall be piled, windrowed, or jackpotted, except for material or areas specifically exempted as indicated herein and/or on the attached unit maps. To be considered acceptable, at least 90% of the unit boundary containing cut trees and/or slash shall be piled, windrowed, or jackpotted. If 90% of the unit boundary for specified distance is not achievable for cutting, brushing, piling, windrowing, and/or jackpotting due to circumstance laid out within this contract, i.e. soil compaction, erosion, slope, high road bank, etc, then any contiguous distance of 100 feet or greater will not be considered for total mile paid.

(c) The Contractor shall furnish all equipment, labor, supervision, transportation, materials, tools, supplies, and incidentals necessary to perform the described work in accordance with specifications herein.

(d) All equipment utilized during the Contractors operations shall be of durable design and construction to withstand the stresses of natural obstructions within forest lands such as rocks, stumps, roots, slash, dust and the general unevenness of uncultivated land.

(e) The Contractor shall furnish a machine as specified and an operator with sufficient skill and experience to perform the work as specified.

(f) The machine must be track mounted and shall be able to reach a minimum of 25 feet as measured from the center pin.

(g) The Contractor shall furnish and place warning signs on each end of individual units that are adjacent to roads. Minimum size for the signs shall be 3 foot by 3 foot.

(h) The Contractor shall be responsible for any damage to existing structural improvements such as water developments, fences, property line monuments, bearing trees, roadblocks, road surfaces and/or drainage structures as a result of contract activities. The Contractor, at his expense, shall restore damaged property back to its original condition.

CONTROL OF WORK

(a) The Government reserves the right to prioritize the order in which units are treated. Burn block treatment will be a combination of 30 foot depth treatment along the roads of burn units, and 10 foot depth of treatment alongside roads of the Non burn blocks. This will be coordinated by the COR based on priorities and need for strategic preparation of the burn blocks.

(b) In the event that any cultural resources or archaeological sites are discovered during operations for this contract, work will be suspended in the immediate vicinity of the site(s) until a reconnaissance survey is completed by the Forest Service and appropriate protection measures put in place.

(c) The Contractor shall protect all known and identified historic or prehistoric sites against destruction, obliteration, removal, or damage during operations. Equipment operation will not be allowed within such areas. The Contractor shall bear the costs of restoration, provided such payment shall not relieve the Contractor from civil or criminal remedies otherwise provided by law.

(d) Equipment shall not operate or traverse for any reason within areas to protect (e.g., wetland areas) as identified on the contract maps. These have been identified on the ground with tags and flagging.

(e) No management activities, including underburning, will be implemented within 330 ft. of a known raptor nest site (primary zone). Between 330‒660 ft. around a nest site (secondary zone), modified habitat treatments are permitted as coordinated with the District Wildlife Biologist. Modified treatments are intermediate treatments between those required in the primary zone and those normally prescribed outside the whole protection zone. Operations within both zones will be implemented with a seasonal restriction between March 1 ‒ August 1.

Management activities within northern goshawk post-fledging areas or within 0.5 miles of known goshawk nest sites will be implemented with a seasonal restriction between March 1 ‒ August 31. Seasonal restrictions may be waived for individual nests in a particular year, with approval from the District Ranger, if reproductive success surveys organized by the District Wildlife Biologist determine that the resident is non-nesting or that no young are present.

(f) If areas are found within treatment units that contain threatened and endangered species, proposed threatened and endangered species or sensitive plants, specific restrictions will be followed.

(g) Riparian Habitat Conservation Areas (RHCA) will be identified on a digital map. No equipment will be allowed within the RHCA for 50 feet from stream bank with equipment. It is allowable for equipment to reach into RHCA and cut material specified within this contract.

Junipers over 9 inches can be left in the RHCA and lopped under 3 feet, while smaller material should be moved out of mainstream channel and placed in jackpots, windrows, or piles. COR will provide site by site oversight on this.

(h) Hardwoods- Do not cut live hardwood trees.

PREVENTION AND CONTROL OF SOIL DAMAGE AND EROSION

(a) Soil impacts consistent with Class 3 disturbances as defined in the Forest Soil Disturbance Monitoring Protocol shall be isolated and infrequent. Class 3 disturbances include total removal of surface organics and topsoil, churning/mixing of topsoil with subsoil, rutting greater than six inches deep and heavy compaction.

(b) During performance of contract work, the Contractor shall take precautions to minimize damage to the soil including but not limited to:

(1) Equipment shall operate on roads, and existing disturbance whenever possible. If an area cannot be reached from an existing road, the operator shall get permission from COR or CO prior to leaving road. Once off the road, machine must stay as close to existing road as possible, tracking on top of slash where possible to minimize soil compaction.

(2) The Contractor shall work, to the extent practicable, in long, linear swaths to avoid unnecessary pivoting and turning.

(3) Machine turns and pivots shall be executed, to the extent practicable, in a manner to limit soil displacement.

(4) The Contractor shall restrict mechanical operation to existing roads and disturbance at all times on portions of treatment areas that contain slopes greater than 30 percent. Equipment shall not operate on slopes that exceed 40 percent without prior Government approval.

(5) The Contractor shall limit, as feasible, pivoting or side hill travel on slopes greater than 15%, especially during dry conditions. Travel shall primarily occur up and down the fall line of the slope.

(6) When using the boom-mounted cutting head or other attachment, the Contractor shall plan off-trail travel paths to make full use of the machine’s capability (e.g., using the full boom reach of the machine) to limit ground disturbance of road and native surfaces, and to minimize the number of off-trail passes needed to achieve treatment objectives.

(c) Mechanized operations shall be suspended during wet periods when soil moisture is high and machines sink deeply below the soil surface with one or two passes (ruts/track impressions more than 6 inches deep).

(d) The Government may determine by visual observation that excessive soil displacement or compaction is resulting from the Contractor’s operations and shall direct corrective procedures. To avoid such damage, the Government may suspend operations in part or in whole as necessary.

(e) Damage attributable to the Contractor's operation shall be repaired immediately by the contractor to prevent accelerated erosion or soil damage.

(f) Water bars, firelines, spur roads, and other places disturbed by the Contractor shall be repaired as directed by the Contracting Officer's Representative.

ROAD PREP SPECIFICATIONS

(a) 30 foot roadside prep: thin out 30 feet depth, measured from road shoulder, of all trees 6 inches and under in diameter. Brush out, and jackpot, windrow or pile existing and created slash (Burn unit side)

(b) 10 foot roadside prep: thin out 10 feet depth of all trees 6 inches and under in diameter.

Brush out, and jackpot, windrow or pile existing and created slash (Non burn unit side)

(c) Cut all juniper up to 18 inches, lop/limb to under 3 feet in height

(d) Open roads as needed for access of fire equipment

LOCATION AND CONSTRUCTION OF JACKPOT/WINDROWS/PILES/SLASH

(a) Jackpots, windrows, piles, and slash, shall be located so that burning will not cause damage to standing live trees.

(b) It may become necessary to create openings in order to meet specifications for proximity to leave trees and thereby mitigate scorch to leave trees. In these situations the contractor shall sacrifice one of the least desirable remaining leave trees in order to make space to construct the Jackpots, windrows, piles, and slash piles.

(c) In locations where sufficient openings are not available, small jackpots, or lopping and scattering can be utilized to minimize damage to leave trees.

(d) Wherever possible, jackpots, windrows, and slash piles created by the contractor shall be placed on an existing skid trail, log landing, temporary road or other previously disturbed site

LEAVE TREES

Leave trees are those left uncut to meet the contract requirements and all trees over the maximum cut size. Other leave trees include the following, which are not included in the spacing requirements:

(1) Deciduous trees and shrubs (for example willow, chokeberry, aspen, serviceberry).

(2) Mountain Mahogany.

(3) Dead trees (i.e snags) or live trees with a nesting activity.

(4) Any tree, regardless of size, that is marked with an orange band of paint and/or metal sign shall not be cut or damaged.

Any tree, regardless of size that is marked with a red band of paint and metal signs

DEFINITIONS

Bole – The main stem of a tree from which individual branches radiate.

Brushout- Cut and move material to be burned in concentrations in order to create a fuel break

Course Woody Material – Naturally fallen trees, usually having a diameter equal to or greater than 12 inches at the large end, or other specified woody debris, which is retained in sufficient quantity, distribution, and physical characteristics to provide for viable populations of dependent wildlife species over time.

CO – Contracting Officer

COR– Contracting Officer Representative

DBH – Diameter at Breast Height. The diameter of the bole of a tree, measured 4 ½ feet from the ground on the uphill side of the tree.

Drip-Line – An imaginary vertical cylinder formed by the outer edges of the crown of a tree.

GTM– Government Technical Monitor will inspect for contract compliance to the contract specifications.

Lopping and Scattering – The cutting of branches from the tree bole and the moving and/or rearranging of slash to meet a specified slash height.

Log Decomposition Classes –

(1) Bark is intact with twigs present. Texture is intact to partly soft and shape is round.

Color of wood is original and portions of the log are elevated on support points.

(2) Bark intact with the absence of twigs. Texture is intact to partly soft and shape is round. Color is original and the portions are elevated on support points but are sagging slightly.

(3) Trace of bark and an absence of twigs. Majority of log is sound with some area of decomposition occurring. Shape is round. Color may be faded and log is sagging near the ground.

(4) Absence of bark and twigs with the log being made up of small, soft, and blocky pieces. Shape is round to oval. Color is light brown to faded brown or yellowish.

The entire log is on the ground.

(5) Absence of bark and twigs and a soft and powdery texture. Shape is oval. Color has faded to light yellow or grey. The entire log is on the ground.

Pile – to place or heap material and slash for future burning. Size will be dependent on opening size as to not damage leave trees.

Select Trees – Trees designated as genetically superior and which are part of the Tree Improvement Program. These trees are marked with a wide band of orange paint, a protect tree sign, and aluminum tree identification tags.

Slash – All vegetative material including stems, limbs, broken tops, cull logs, chunks, pushed out stumps and root wads, resulting from harvesting, thinning, skidding or other human activity. Also includes naturally occurring fuels which have accumulated as the result of disturbances such as beetle-kill, fire, wind, snow damage or general fuels accrual.

Only material under 12 inches in diameter to be jackpotted, windrowed or piled.

Thin – To cut trees in excess of those to be left for future management

Wildlife Tree / Snag – A dead standing tree composed of either hard or soft wood, which has a minimum DBH of 10 inches and a minimum height of 10 feet. Designated Wildlife Trees are marked and signed as such.

Windrow – material heaped in a line

FAR 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

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

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

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

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

(e) If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by 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.

GOVERNMENT UNIT INSPECTION PROCEDURES – VISUAL

(a) The COR or a designated GTM will make periodic inspections while work is in progress, usually daily at first, to assure work is proceeding satisfactorily. The Contractor shall notify the COR when units are completed and ready for inspection prior to his moving out of the general area. An inspection will be made and the Contractor notified of any parts of the unit(s) requiring additional work or rework.

(b) Rework opportunities will be limited to one (1) only per unit or portion(s) of the unit.

(c) Each unit will be inspected as a separate unit. Units will not be averaged with other units for acceptance or payment.

(d) The COR or designated GTM will determine compliance with contract specifications and requirements through informal, 100 percent visual inspections.

GOVERNMENT UNIT INSPECTION PROCEDURES – FORMAL

(a) In the event a visual inspection indicates work and/or rework to be in non-compliance with specifications or requirements, a series of verification plots may be installed by the Government to determine contract compliance and percent of satisfactory work.

(b) Government verification plots will consist of a series of fixed area plots along transects to record whether pile specifications including but not limited to placement, size, compactness and composition are being met and to what extent. Piles that fall within or partially within the predetermined plot area will be given a rating of either satisfactory or unsatisfactory based on those specifications, which will provide a means to calculate percentage of satisfactory work.

(c) Verification plots and transects will be distributed so that a representative sample is obtained.

(d) Verification plots will be marked on the ground using flagging to indicate plot centers. Plots will be consecutively numbered and dated to correlate with an inspection form.

(e) Each unit will be inspected as a separate unit. Units will not be averaged with other units for acceptance or payment.

(f) Determination of acceptability of the work performed will be based on any Government verification inspections that are conducted, and will be considered conclusive.

METHOD OF PAYMENT

(a) If either visual or formal inspections by the Government indicate work quality to be at least 90 percent or greater (before or after rework), the unit pay rate will be 100 percent.

(1) The work listed in the Schedule of Items will be paid for at the acre rate for accepted acres.

(2) Payment will be made only on completed and accepted unit(s).

(3) The pay rate will be calculated by multiplying the unit price per acre by the number of completed and accepted acres.

(b) If formal inspection by the Government determines work quality to be between 75 and 89 percent, the Contractor shall be paid the determined work quality percent of the quoted rate. For work quality determined to be 74 percent and less, no payment shall be made to the Contractor.

(c) Percentages calculated shall be rounded to the nearest whole percent with those percentages ending in .5 rounded up.

DELIVERIES OR PERFORMANCE

This contract incorporates the following 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. The full text of a clause may be accessed electronically at www.acquisition.gov

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.211-18 Variation in Estimated Quantity (4/84)

52.242-14 Suspension of Work (4/84)

52.242-15 Stop-Work Order (8/89)

52.241-17 Government Delay of Work (4/84) http://www.acquisition.gov/

SUSPENSION OF WORK FOR OTHER THAN GOVERNMENT CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as, damage to access roads, rutting of project roads which causes otherwise suitable soils to be muddy or unsuitable; or (2) failure of the Contractor to comply with specifications such as but not limited to placement of chemical sprays in areas other than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements.

Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for an equitable adjustment.

FAR 52.211-10 COMMENCEMENT PROSECUTION, AND COMPLETION OF

WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within _7 __calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than _November 30, 2027, if option items are awarded. The time stated for completion shall include final cleanup of the premises.

POST AWARD CONFERENCE

A post award conference with the successful offeror is required. The conference will be held over Microsoft TEAMS or other location as determined by the contracting officer.

SUPERINTENDENCE BY THE CONTRACTOR

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on site a competent representative superintendent who has authority, in writing, to act for the Contractor. This individual shall be able to speak clearly and read proficiently in English.

NOXIOUS WEED CONTROL

(a) In order to prevent the potential spread of noxious weeds onto National Forest lands, the Contractor shall be required to furnish the Forest Service with proof of weed-free equipment.

(b) Noxious weeds are defined as any exotic plant species established or that may be introduced in the State, which may render the land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the Oregon Department of Agriculture or the Deschutes, Crook, Wheeler, or Grant County Weed Board or by other appropriate agencies having jurisdiction.

(c) All equipment and vehciles to be used at the job site shall be cleaned and certified free of noxious weeds and their seeds prior to entrance onto the National Forest (use Equipment Cleaning Inspection/Verification Form). The restriction shall include equipment and vehicles intended for off-road use, as well as on road use, whether they are owned, leased, or borrowed by the Contractor or subcontractor.

(d) Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose.

Cleaning shall occur off Federal lands.

(e) Equipment, materials and vehicles shall be visually inspected by a designated Forest Service Officer, and certified in writing to be reasonably clean and weed free.

Inspections will take place at a location off Forest lands designated by the Forest Service in advance of equipment arrival. Equipment and vehicles are expected to proceed directly to the job site following the inspection.

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits.

Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

CONTRACTING OFFICER’S REPRESENTITIVE

Name: Jacob Rocco Address: Ochoco National Forest 3160 NE Third St.

Prineville, OR 97754 Phone: 541-420-7084

NOTIFICATION OF SUBCONTRACTING

The Contractor shall notify 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:

(a) The name, address, and telephone number of the subcontractor on a SF 1413.

(b) The date upon which the subcontract was entered into and its duration

(c) A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

(d) Documentation of the subcontractor's representative authority.

(e) The Government reserves the right to disapprove the subcontractor if they know of negative past performance information.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them, by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

SAFETY

(a) Mechnical cutting and slash treatment is inherently dangerous. Hazards include, but are not limited to: heavy equipment accidents, long driving distances on low-grade forest roads, tripping hazards, hypothermia, fatigue, muscle strains, chemical burns, gasoline fire potential, dehydration, insect stings, overhead/falling debris, and lightning.

(b) Driving along forest roads during early and late hours, before or after sunlight will subject drivers and riders to low light angles, dusty conditions, icy and/or muddy roads;

as well as encounters with log hauling trucks, road machinery, hunters not watching the roadway, campers and other forest users that may not be intently aware of other motorists who are sharing the roadway.

(c) Other typical hazards include:

(1) Tripping hazards on forest vegetation and other debris including rocks and other hazards inclusive of slippery surfaces during periods of rain and snow.

(2) Hypothermia may occur at anytime regardless of the absence of extreme weather conditions.

(3) Fatigue may occur towards the end of the working day.

(4) Muscle strains may occur due to improper lifting, bending, twisting, or turning particularly when mounting and dismounting heavy equipment.

(5) Chemical burns may occur during the transfer of oil or gas, or by the unexpected discharge of chemical fire extinguishers.

(6) Gasoline fires may occur at anytime, but are most likely during refueling hot chainsaws, or during the transfer of petroleum products.

(7) Dehydration may occur during both warm and cool periods, and whenever employees are performing arduous tasks while neglecting to ingest adequate fluids that contain electrolytes.

(8) Insect stings or bites may occur at anytime while in the forest and may include ticks, bees, wasps, or other types of biting stinging insects.

(9) Overhead and/or falling debris may occur at anytime in the work area. It may include treetops breaking out during periods of windy conditions, snow stress, or because of decaying limbs/trunks. Also included are rolling rocks, logs, and other debris which might become dislodged on steep slopes.

(10) Lightning should be regarded as a serious threat whenever active cumulonimbus’s (thunderhead clouds) are forecast for the area, especially while working near or under tall trees.

NOTE: Contractor shall provide a job specific safety plan addressing the hazards identified above and other potential hazards known to the Contractor. The plan shall be presented at the post award conference for discussion. Heavy equipment safety procedures will also be discussed at the post award conference.

FAR 52.236-13 ACCIDENT PREVENTION (NOV 1991) Alternate I (Nov 1991)

(a) The Contractor shall provide and maintain work environments and procedures which will-

1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

2) Avoid interruptions of Government operations and delays in project completion dates; and

3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall-

1) Provide appropriate safety barricades, signs, and signal lights;

2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and

3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition, or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S.

Army Corps of Engineers Safety and Health Requirements Manuel, EM 385-1-1, in effect on the state of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the

Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

Alternate I (Nov 1991). If the contract will involve (a) work of a long duration or hazardous nature, or (b) performance on a Government facility that on the advice of technical representatives involves hazardous materials or operations that might endanger the safety of the public and/or Government personnel or property, add the following paragraph (f) to the basic clause:

(f) Before commencing the work, the Contractor shall-

(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

FAR 52.237-1 SITE VISIT (APR 1984)

Offerors or 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.

AGAR 452.236-70 EMERGENCY RESPONSE, FIRE SUPPRESSION AND

LIABILITY (NOV 2021)

(a) 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 firefighting). This is considered to be within the general scope of the contract.

An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4 or FAR 52.212-4 (c) Changes.

(b) Contractor’s Responsibility for Fire Fighting. The Contractor, under the provisions of FAR 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents, subcontractors, or employees subject to the fire classifications listed in subsection (c).

(c) Fire Suppression Costs. The Contractor's obligations for cost of fire suppression vary according to three classifications of fires as follows:

(1) Operations Fire. An “operations fire” is a fire caused by the Contractor's operations other than a negligent fire. The Contractor agrees to reimburse the Forest Service for such cost for each operations fire, subject to a maximum dollar amount of [$0]. The cost of the Contractor's actions, supplies, and equipment expended or used on suppressing any such fire, or otherwise provided at the request of Forest Service, shall be credited toward such maximum. If the Contractor's actual cost exceeds the contractor's maximum obligation stated above, the Forest Service shall reimburse the contractor for the excess.

(2) Negligent Fire. A “negligent fire” is a fire caused by the negligence or fault of the Contractor's operations including, but not limited to, one caused by smoking by persons engaged in the Contractor's operations during the course of their employment, or during rest or lunch periods; or if the Contractor's failure to comply with requirements under this contract results in a fire starting or permits a fire to spread. Damages and the cost of suppressing negligent fires shall be borne by the Contractor.

(3) Other Fires on Contract Area. The Forest Service shall pay the Contractor, at firefighting rates common in the area or at prior agreed rates, for equipment or personnel furnished by the Contractor at the request of the Forest Service, on any fire on the contract area other than an operations fire or a negligent fire.

(d) Contractor’s Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(e) Performance by the Contractor. Where the Contractor's employees, agents, contractors, subcontractors, or their employees or agents perform the Contractor's operations in connection with fire responsibilities, the Contractor’s obligations shall be the same as if performance was by the Contractor.

(f) State Law. The Contractor shall not be relieved by the terms of this contract of any liability to the United States for fire suppression costs recovered in an action based on State law, except for such costs resulting from operations fires. Amounts due to the Contractor for firefighting.

FAR 52.247-21 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR

PROPERTY DAMAGE (APR 1984)

(a) The Contractor assumes responsibility for all damage or injury to persons or property occasioned through the use, maintenance, and operation of the Contractor’s vehicles or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents.

(b) The Contractor, at the Contractor’s expense, shall maintain adequate public liability and property damage insurance during the continuance of this contract, insuring the Contractor against all claims for injury or damage.

(c) The Contractor shall maintain Workers’ Compensation and other legally required insurance with respect to the Contractor’s own employees and agents.

(d) The Government shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use, maintenance, or operation of any vehicle or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents in performing under this contract, and Government shall be indemnified and saved harmless against claims for damage or injury in such cases.

PROJECT CONDUCT

It is extremely important that inappropriate behavior be recognized and dealt with promptly.

Inappropriate behavior is all forms of harassment, including sexual and racial harassment.

HARASSMENT IN ANY FORM WILL NOT BE TOLERATED. Nonprescription unlawful drugs and alcohol are not permitted at the project site. Possession or use of these substances will result in the Contractor being released from the Project. Though Marijuana and CBD may be legal in the state of Oregon they are NOT allowed on Federal property or while working on a Federal contract. Federal law categorizes Marijuana as a controlled substance under Schedule 1 under the Controlled Substance Act, meaning knowingly or intentionally possessing the drug is illegal. Drug or alcohol abuse resulting in unfitness for duty will normally result in the Contractor being released from the project. During off-project periods, personnel are responsible for proper conduct and maintenance of fitness for duty. Sexual harassment is defined as unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

BIOPREFERRED PRODUCTS

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g., biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user.

All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).

The following is an example list of products that may be used in this contract for services for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Hydraulic fluids Penetrating lubricants Concrete and asphalt release fluids Diesel fuel additives Greases Dust suppressants 2-cycle engine oil Degreasers De-icers

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml.

The Contractor should provide data for their biobased products such as biobased content. In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract. Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

INVOICING

All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov Please make sure that your company has registered at https://www.ipp.gov/vendors to establish your account.

FAR 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

(a) Definition. Small business concern, as used in this clause—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability This clause applies only to-https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml https://www.ipp.gov/ https://www.ipp.gov/vendors

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General

1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

LIST OF ATTACHMENTS

The following attachments are made a part of this solicitation and any resultant contract.

Title Pages Wage Determination 1977-0079, Revision 73, dated 06/30/2023 6 Fire Protection and Suppression Measures 8 Equipment Cleaning Inspection/Verification Form 1 Project Maps 3

(viii) FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023) (Provision)

Addenda to provision 52.212-1:

For simplified acquisitions, the word quote or quoter is substituted in provision 52.212- 1 for the word offer or offeror.

Addenda to Provision 52.212-1 paragraph (b) Submission of Offers:

1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/

2) Offers submitted in response to this solicitation shall include a technical proposal, a price proposal, and contractor representations and certifications.

a) Technical Proposal – The technical proposal shall address the evaluation factors in 52.212-2 (starting on page 24). At a minimum technical proposal shall include:

https://www.acquisition.gov/far/8.405-5#FAR_8_405_5 https://www.acquisition.gov/far/16.505#FAR_16_505 https://www.sam.gov/SAM/

i) Past Performance – provide a list of similar projects completed by your firm over the past three years. Include a brief description of the project, dollar amount, year completed, and project owner contact information (name, phone, and email). The government may use past performance information from any available source. If a company does not have past performance information available, information may be provided for predecessor companies, key personnel, or subcontractors. In the event that there is no past performance information available, the offeror will receive a neutral rating in this factor.

ii) Technical Capability – Provide a list of equipment and key personnel (with qualifications) that will be used to complete this project.

b) Price Proposal – Include the following: 1) the completed Schedule of Items from Section B of this solicitation, and 2) acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment(s).

c) Representations and Certifications – Fill in the check boxes for provisions 52.204-24 and 52.212-3, found in paragraph X of this solicitation and include a copy with your quote.

3) Submit offer by email to _cynthia.armour@usda.gov__ so that it is delivered into this inbox by the due date and time.