Solicitation_Ferry Campground Slash Removal_12363N23Q4144.docx

Combined Synopsis/Solicitation Solicitation Number: 12363N23Q4144 Ferry Lake Campground Slash Piling & Removal Dated: 04/21/2023

This order is a request for quotations (RFQ). The document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2023-01/12-30-2022.

The associated North American Industrial Classification System (NAICS) code for this procurement is 115310, Forestry Support Activities a small business size standard of $30Million.

Contracting Office Zip Code: 99166 (Republic, WA) Product Service Code: F099 – Natural Resources/conservation- Other Contracting Office Address: 1400 Independence Ave., S.W.; MS-1138; Washington, DC 20250 Set Aside: None. Full & Open.

All interested companies shall provide quotations for the following:

Commercial Item – Service

COLVILLE NATIONL FOREST

Ferry County, WA

SCHEDULE OF ITEMS

Quantity

Total Quote for Base Item 18 acres Total=

hours

Total Quote for Base Item D4B Hours Total=

hours

Total Quote for Base Item D4C hours Total=

hours

Total Quote for Base Item D4D hours Total=

Total Quote for Base Item D4E Total=

Project Price

LS = Lump Sum

*Quoted prices must include all labor, materials, tools, etc. necessary to complete work.

NOTE 1 – The Government will award a firm fixed price contract.

NOTE: Quoters must submit prices for all Items to be considered for award for that item.

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.

Quoter Information

Prices Submitted By

Email:

SUBMITTING QUOTE/STATEMENT OF WORK:

SCOPE & LOCATION

This Firm Fixed Price, Performance Based contract requires mechanical slash treatment and fuel reduction on the Republic District, Colville National Forest.

1. The objective of this contract is to secure a complete set of services to accomplish slash collection, removal and to help create a condition that would lower the intensity of future wildfires within Ferry Lake Campground. Piling operations shall not begin until soil moisture levels are below forest plan standards and guidelines. Piling operations will be suspended if soil moisture levels subsequently exceed these standards and guidelines or if unusual weather conditions occur.

2. The expected results of the contract are both to remove slash (and the related fire hazard) from the harvest unit, relocating and arranging it in a manner that is conducive to disposal by prescribed fire operations.

Areas will be treated by grapple piling all existing fuels, hauling these fuels 2 miles to the primary ‘Scatter’ pit or secondary ‘Ferry Lake Flat’, unloading and re-piling to be burnt with Prescribed Fire at a later date as described in this Performance Based Statement of Work and detailed unit Spec Map.

Some areas will require Contractor diligence to avoid damage to roads, fences, select trees or other improvements such as campground infrastructure.

The Contractor, at his/her expense shall restore damaged property back to its original condition.

The Contractor must, consider the given resource objectives, develop a plan of operation to accomplish these objectives and organize and direct all the equipment and personnel needed to fully accomplish the work. The Contractor must furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies and incidentals except those items, if any, listed as Government-Furnished property, necessary to complete the work requirements.

The Contractor is also required to develop a Quality Control Plan.

The Contractor is advised to visit the work sites to determine average hours piling per acre, truck load of slash and transport time per acre and hours to consolidate/high stack slash at dumping location prior to submitting a proposal. The Contractor is responsible for determining the amount of work.

PERIOD OF PERFORMANCE

15 May 2023 to 30 June 2023

LOCATIONS AND DESCRIPTIONS

1. The location of the worksite (s), access to the area (s), size of each sub-item and other information pertinent to this contract are contained in the Performance Requirement Sheets and/or vicinity and project maps, which shall be considered as part of the technical specifications terms, and which are located in the Attachments of this contract.

2. Boundaries – All unit boundaries are marked with orange timber paint and blue flagging.

3. Road Access A. Contractor is encouraged to look at the site to determine road access, and conditions of the road.

B. The Forest Service assumes no obligations to plow snow or do special maintenance on roads.

C. Contractor is responsible for removal of wind falls.

D. To minimize soil erosion and damage to National Forest land and roads, all roads are subject to closure during spring or fall, or whenever soil or weather conditions require it.

E. The District will make every effort to provide the best possible information on road closures at the time of contract development. However, with the timeframes allowed under this contract, and the active closure program required to meet the Forest Land and Resource Management Plan standards and guides, it is possible that roads currently listed as open may in fact be closed by the time work begins.

F. Some Forest Service roads accessing the contract unit are blocked for road closure purposes. The Contractor may open these closures to allow access of personnel and equipment to do the piling work and hauling work, upon approval of the Contracting Officer. However, the road shall be blocked beyond the job site to prevent unauthorized entry into the rest of the road system. The road system shall be checked before closing the road to prevent anyone form being trapped within the area once the roads are closed again. The Contractor is responsible for closing all roads that the Contractor opens. All roads opened under this contract shall be immediately closed to original condition upon completion of piling operations on the unit. The Contractor will be furnished with grass seed to spread on the constructed closures or points of access to project sites that have soil disturbance.

G. Inaccessibility due to slides or washouts of roads or other unexpected conditions may or may not be corrected at the option of the Government. If road access has been significantly altered from that which has been described above, or on the contract maps, the Government may provide an alternate route or delete the inaccessible unit.

Salvageable Material

Salvage material is offered under the terms of this contract. Material planned to be salvaged by the Contractor must be removed by the Contractor by the time of final contract inspection.

Definitions

Administrative Terms

Acceptable Service- A job performed to the standard and within the acceptable quality level. The Contractor must do the specific job, and meet the standard, and meet the acceptable quality level before one can say that performance is acceptable for payment.

Acceptable Quality Level (AQL)- The maximum allowable deviation from perfect performance that may occur before the Government will invoke payment deduction. An AQL does not allow a Contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

Best Value- One criterion used for selecting a service Contractor for award, based on comparison of the service price offered, with the quality of service offered.

Biobased- Products determined by the U.S. Secretary of Agriculture to be commercial or industrial product (other than food or feed) composed, in whole or in significant part, of biological products, including renewable domestic agricultural material (including plant, animal and marine materials, or forestry materials.

Biodegradable- Products that are non-toxic, non-petroleum, and have low VOC levels. Typically originating from plant or animal sources, which may be broken down by other living organisms.

BioPreferred- Biobased items the USDA has designated as “preferred” for purchase. It meets or exceeds USDA – established minimum biobased content requirements.

Calendar Days- Every day shown on the calendar, Saturdays, Sundays, and holidays included.

Change Order-An order issued to the Contractor by the Contracting Officer, pursuant to the “Changes” clause included in Section I of this contract, requiring work to be performed within the general scope of the contract.

Contract Item- A pay item designated on the bid schedule and described by a specification.

Contracting Officer (CO)- A Government employee with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

Contracting Officer’s Representative (COR)- A Government person appointed by the Contracting Officer (CO) to help the CO with the contract administration and surveillance. The duties and responsibilities of a COR are defined in the letter of designation by the CO. The Government may appoint another COR to help the COR with inspector type duties. This COR’s authorities are strictly limited, not to exceed the authority to issue a Contractor a Notice of Non-compliance. It is important that the Contractor reads the CORs designation to determine what type of authority each one has.

Crew Foreman- The individual responsible for ensuring the contract specifications are met on the ground and that the proper inspection plots have been taken.

Defective Service- A block of service that contains one or more defects, or nonconformance with specified requirements.

Federal Acquisition Regulations (FAR)- The Federal Regulations that govern Forest Service acquisitions of property and services, also supplemented by the FSAR (Forest Service Acquisition Regulations).

Forest Supervisor- The person responsible for administration of a National Forest, including his authorized representative.

General Provisions- Those provisions of an administrative nature applicable to the contract.

Government- Title used to represent the United States Federal Government and its designated employees acting within their delegated contract authority. Throughout this contract the titles United States, USDA- Forest Service, Forest Service, and USFS may be used interchangeably as synonymous with Government.

Government Technical Monitor (GTM)- A Government person appointed by the CO to help the COR with the contract administration and surveillance. The duties and responsibilities of a Government Inspector are defined in the letter of designation. The GTM’s authorities are strictly limited.

“Green” purchasing- Green Purchasing is the method wherein environmental and social considerations are taken with equal weight to the price, availability and performance criteria that are used to make purchasing decisions. Green Purchasing is also known as “environmentally preferred purchasing (EPP), green procurement, affirmative procurement, eco-procurement, and environmentally responsible purchasing” particularly within the US Federal government agencies. Green Purchasing minimizes negative environmental and social effects through the use of environmentally friendly products. Green purchasing attempts to identify and reduce environmental impact and to maximize resource efficiency. Examples include: Recycled content products, also known as Comprehensive Procurement Guideline (CPG) Items; Energy Star. And energy-efficient products; standby power devices; Alternative fuel vehicles/alternative fuels; Biobased products; Non-ozone depleting substances, as well as Environmentally preferable products (EPP), etc.

Indefinite Delivery Contract- A type of contract in which the delivery is unspecified in the original contract but established by the Contracting Officer during performance.

Indefinite Quantity Contract- A contract providing for an indefinite quantity, within stated maximum or minimum limits of specific supplies or services to be furnished during a fixed period with deliveries to be scheduled by placing orders with the contractor.

Labor Standards Provisions- Those statutory and regulatory requirements pertaining to the Contractor’s employees and employment practices.

Performance Based Service Contract (PBSC)- A service contract that (1) Describes requirements in terms of results required rather than the methods of performance of the work; (2) Use measurable performance standards (i.e., terms of quality, timeliness, quantity, etc.) and quality assurance surveillance plans; (3) Specifies procedures for reductions of fee or for reductions to the price of a fixed-price contract when services are not performed or do not meet contract requirements; (4) May include performance incentives where appropriate.

Performance Requirements Summary (PRS)- Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the Contractor.

Period of Performance (also Performance Period or Contract Time)- The number of calendar days allowed in this contract for completion of the contract work. Once begun on the official start date, the period of performance will be counted in consecutive calendar days, including Sundays and holidays. This time may be suspended by Government issuance of one or more written Suspend Work Order/s.

Quality Assurance- Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS). Government inspection for quality assurance does not substitute for the Contractor’s quality control.

Quality Assurance Surveillance Plan (QASP)- An organized written document used for quality assurance surveillance. The document contains specific methods the Government will use to perform surveillance of the contractor.

Quality Control- Those actions taken by a Contractor to control the performance of services so that they meet the requirements of the PWS. The methods for inspecting for quality control are described in the Contractor’s Quality Control Plan (QCP).

Random Sampling- A sampling method in which each service output in a unit has an equal chance of being selected. A method of inspecting a few individual items in a lot to determine the quality of that lot against the standard.

Specifications- That portion of the contract comprising a description of the general and technical requirements for materials, products or services to be furnished under the contract.

Standard- An acknowledged measure of comparison.

Work Order- An order written by the COR, which directs the Contractor to correct deficient performance. It may also be used to document satisfactory completion of units and give permission for the Contractor to begin work on additional work units.

Technical Terms

Activity Slash – Any vegetation that was cut from recent logging operations.

Brush – broad-leaved bushes, shrubs of low trees growing in dense thickets. Brush does not include hardwood tree species.

Bucking – cutting the boles of slash into lengths as indicated by technical specifications.

Cultural site – any area exhibiting signs of past human behavior such as Indian artifacts, old mining sites, cabins, etc.

Damage - Includes any defect or deformity of a tree resulting from agents such as wind, snow, animals, insects, disease, and equipment, and evidenced by such things as dead or broken tops or trunks, crooks, deep scars, abnormal swelling of the bole, or conks.

Damage to soil – removal of top soil, mixing of soil horizons, and/or multiple passes over the same piece of ground.

Healthy Tree – A tree of good form and vigor which shows no physical damage or suppression, extends vertical from the ground and has a minimum of 30 percent live crown.

Horizontal Plane - Acreage measured as though the terrain were level, with no adjustment for changes in slope.

Large woody material – existing large, down logs that may be starting to decompose and recycle nutrients into the ground; logs above 10” diameter.

Leave Tree – desirable species with the best form, growth and vigor that is disease and damage-free that is selected or required to be left standing as provided in the specifications.

Live Stream Channel - Stream channel with water in it, or a channel which shows evidence of washing.

Machine piling – gathering and stacking slash from thinning or whipfelling using a “lift and pile” method into piles constructed with mechanical equipment.

Open Road – System roads that are shown as “open” on attached maps.

Overstory Tree – trees greater than 10.1-inch DBH

Road Prism – The area between the outside edges of the fill slope and the cut slope.

Seral conifer species – ponderosa pine and western larch.

Slash - Any dead or dying vegetation that is on or near the forest floor between 0-to-24-inch diameters.

Snag – any standing dead tree/bole greater than 20 feet in height and 12-inch DBH in any condition.

Understory Tree – live and dead trees between over foot tall and less than 10.0-inch DBH.

Untreated Area – Areas that are excluded from treatments due to sensitive soils, mule deer hiding cover, wetland/ riparian areas, threatened and endangered plants, desirable snags or species, or other reasons.

Virtual Boundary – A unit boundary that is shown on the map but is not demarcated on the ground. The contractor must use mapping applications to locate these boundaries in the unit.

PRE-WORK CONFERENCE

A conference will be held prior to the start of work on any contract awarded. The Contracting Officer’s Representative (COR) will meet with contractor to discuss contract items, work performance requirements, government furnished materials and work conditions pertaining to the contract. The contractor’s operating plan outlining the schedule of performance, inspection system, and any other submittals required will be due at this time. Location of conference will be determined by the Forest Service, in consultation with the contractor. The COR will contact the contractor to schedule the pre-work conference to take place within 15 days of award.

Sustainable Acquisitions The Contractor shall comply with FAR Part 23 Sustainable Acquisition Policy and all associated laws, rules, regulations, and executive orders referenced therein. Contracts that include the supply of products and for the acquisition of services (including construction) that include the supply of products, require that the products provided are—

(1) Energy-efficient (ENERGY STAR® or Federal Energy Management Program (FEMP)- designated); (applicable if FAR Clause 52.223-15 is included)

(2) Water-efficient; (applicable if FAR Clause 52.223-15 is included)

(3) Biobased; (applicable if FAR Clause 52.223-2 is included)

(4) Environmentally preferable (e.g., EPEAT®-registered, or non-toxic or less toxic alternatives);

(applicable if FAR Clause 52.223-13,14, or 16 are included)

(5) Non-ozone depleting; (applicable if FAR clause 52.223-11,12,20, or 21 are included), and/or

(6) Made with recovered materials (EPA-Designated products) (applicable if FAR clause 52.223-9 or 17 is included).

(b) The required products in the contract actions for services include products that are—

(1) Delivered to the Government during performance;

(2) Acquired by the contractor for use in performing services at a Federally-controlled facility; or

(3) Furnished by the contractor for use by the Government.

Sustainable products identified for this solicitation:

The following is a list of sustainable products that that may be used in t h e performance of this contract. The list is not all inclusive; the Contractor shall research for available products.

Energy-efficient and Water-efficient Products ENERGY STAR® at http://www.energystar.gov/; and FEMP at http://www1.eere.energy.gov/femp/procurement/eep_requirements.html www.epa.gov/watersense None

Biobased Products: (requires reporting at www.sam.gov by 10/31 each year) http://www.biopreferred.gov a Diesel Fuel Additives

(1) Any substance, other than one composed solely of carbon and/or hydrogen, that is intentionally added to diesel fuel (including any added to a motor vehicle's fuel system) and that is not intentionally removed prior to sale or use.

(2) Neat biodiesel, also referred to as B100, when used as an additive. Diesel fuel additive does not mean neat biodiesel when used as a fuel or blended biodiesel fuel (e.g., B20). 90% - Minimum Biobased Content.

b Penetrating Lubricants Products formulated to provide light lubrication and corrosion resistance in close tolerant internal and external applications including frozen nuts and bolts, power tools, gears, valves, chains, and cables. 68% - Minimum Biobased Content.

c Gear Lubricants Products, such as greases or oils, that are designed to reduce friction when applied to a toothed machine part (such as a wheel or cylinder) that meshes with another toothed part to transmit motion or to change speed or direction. 58% - Minimum Biobased Content.

d Fuel Conditioners Products formulated to improve the performance and efficiency of engines by providing benefits such as removing accumulated deposits, increasing lubricity, removing moisture, increasing the cetane number, and/or preventing microbial growths within the fuel system. 64% - Minimum Biobased Content.

e 2-Cycle Engine Oils Lubricants designed for use in 2-cycle engines to provide lubrication, decreased spark plug fouling, reduced deposit formation, and/or reduced engine wear. 34% - Minimum Biobased Content.

52.246-4 Inspection of Services--Fixed-Price (AUG 1996) 52.237-1 Site Visit. (APR 1984) Potential contractors for project-specific RFQs 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 costs 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.

QUALITY ASSURANCE SURVEILLANCE PLAN

Contractor Quality Control Plan

A. Quality Control Plan

The Contractor shall provide a Quality Control Plan (QCP) as part of this Technical Proposal. The Plan must demonstrate how the Contractor will assure that quality of performance meets the objectives and requirements of the contract. The QCP shall specify:

B. Contractor Quality Control Inspection

The Contractor shall assure themselves that performance meets contract specifications, in accordance with clause FAR 52.212-4, Contract Terms and Conditions – Commercial Items, paragraph (a), Inspection/Acceptance prior to requesting the Government to inspect for payment or acceptance. Upon completion of a sub-item, the Contractor shall contact the Contracting Officer to set a mutually agreed upon date for inspection of completed work.

Government Quality Assurance Surveillance Plan and Acceptance Requirements:

A. Government Quality Assurance Inspection

The Government will, at its convenience, make periodic inspections of the work to assure itself of contract compliance and to perform Quality Assurance Inspections to confirm that the Contractor is performing quality control in accordance with its QCP and that Contractor monitoring results in quality performance of contract objectives.

B. Government Verification Inspection (V-I)

The Government will conduct verification inspections to determine compliance with specifications and to provide the basis for computing the rate of payment.

1. Each sub-item will be verified separately and inspection results on one sub-item will not be averaged with those of other sub-items. Determination of the acceptability of the work performed will be based on V-I and will be considered conclusive. The Contractor or a designated representative is encouraged to observe V-I being made. In some cases, the Government may elect to do visual inspections only.

2. Inspection for acceptance of work will be accomplished by a visual inspection of each unit and will be based on adherence to the contract specifications. In the event visual inspection indicates that work quality is less than 90 percent and the operator will not rework the unit voluntarily, then a formal inspection will be done. Final determination of acceptable work will be based on these formal inspections.

3. Formal inspection of the unit will be done on a series of 1/50th-acre plots randomly placed and covering at least a 20 percent sample of the unit. Each plot will be examined to see if the intent of the contract has been met. If the work quality is determined to be better than 90 percent, payment will be made at 100 percent of unit price, less any deductions. The plots will be inspected and information recorded as indicated below:

The percent of piling quality for the unit will be calculated as follows:

4. Inspection for residual tree damage will be accomplished by visual inspection of each unit. In the event visual inspection finds excessive damage, the following plot inspection procedure will be performed:

The percent damage to residual trees for the unit will be calculated as follows:

5. Inspection of berm removal and installation shall be as follows:

a) The removal of a berm will be visually inspected. The removal site shall provide for safe and adequate travel upon the removal site for vehicle travel (i.e. pick-up truck, excavator). The site should be free of hazards and not pose a risk of damage to the surrounding enviroment or injury to personnel.

b) The re-installation of a berm will be visually inspected. The berm shall be installed back to the same specs in size and structure as the berm that originally was in place. The berm shall prohibit and impede motorized vehicle traffic.

MEASUREMENT AND PAYMENT

A. Measurement

1. Method of Measurement: The units of measure have been calculated on a horizontal plane. These measurements are final unless:

a. The contract is modified, or

b. The Government makes a determination to remeasure, or

c. The Contractor exercises the option under the remeasurement provisions.

2. Remeasurement

a. The Contractor may request remeasurement of any treatment area. The request shall be made in writing. Remeasurement will be made along the designated boundaries.

b. If remeasurement indicates a variance of 5 percent or less, adjusted to the nearest whole acre, the Contractor shall pay for the actual cost of remeasurement and no adjustment will be made in the acres for the unit as stated in the Schedule of Items.

c. If remeasurement indicates a variance greater than 5 percent, adjusted to the nearest whole acre, payment will be based on the remeasured acreage and the Government will pay for the remeasurement.

B. Basis of Payment

1. Payment will be made for the actual number of acres of work satisfactorily completed in accordance with the specifications contained herein.

2. Calculation of Payment of Piling

For work accomplished at 90 to 100 percent, payment will be made at the contract unit price per acre except when damage exceeds 10 percent, maximum payment will be made as follows:

(1.0 - % damage) X acreage X unit price = Payment

Payment will be made at the percent of the formal inspection. Contractor’s rating will reflect quality of work.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.

Project Maps

Maps of unit areas with access roads

Located in contract package.

Access Roads

Access roads are accessible by 2 wheel drive vehicle during normal operating season. The Contractor is responsible for cleaning down trees from access roads. Once it snows, 4 wheel drive may be required.

Road authorization to travel roads closed with earthen berms using an ATV may be provided at post award meeting

Access behind locked gates

Some areas are behind Forest road closures (locked gates). The Government may provide access through locked gates unless walk-ins are required.

Lock provided by the Contractor

Contractor Furnished Critical Items and Services:

A. The Contractor must furnish everything required to perform this Performance Work Statement. The Contractor must furnish all labor, equipment, supervision, transportation, supplies and incidentals except those specifically listed as Government-furnished property.

B. The Contractor must provide tools, transportation and sufficient workforce to complete the contract in the specified time. The Contractor must also have, at all times of contract performance, a properly designated representative that understands and speaks fluent English. Contractor must also provide proof of a Washington State Farm Forest Labor license and proof of Migrant and Seasonal Agricultural Worker Protection Act Registration.

C. The Contractor shall provide all equipment. The equipment requirements are:

1. Equipment shall be furnished on a fully-operated basis and in good operating condition, with a competent, qualified operator. The Contractor shall provide operators that have sufficient skill and experience to perform properly the work assigned to them.

2. Ground pressure, measured in pounds per square inch (PSI), will be determined using the following formula:

3. The equipment shall be a track mounted excavator which meets the following specifications:

a. Ground Pressure – maximum 7 PSI. PSI will be determined using the formula given above in paragraph C.2.

b. Climbing ability – up to 45% slope.

c. Pivot – attachment arm shall be able to swing 360 degrees while the tracks remain stationary.

d. Reach – attachment arm shall have a minimum reach of 22 feet.

e. Capability – machine must have the capability of picking up wood debris between 1 inch and 20 inches in diameter, while at the same time allowing all loose soil and duff to fall free so it is not placed into the pile. To do this, the machine shall be equipped with a grapple or claw rake and thumb. No bucket and thumb will be allowed.

f. Equipment must have a closed cab and adequate guarding to protect the machine and operator from falling material or debris.

D. The Contractor must provide a Quality Control Plan (QCP) in their proposal as described in this solicitation. The Quality Control plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. It must describe how quality will be monitored to assure the performance standards are met; the supervision of crew and work; and personnel that will be performing the quality control. Quality control shall include monitoring quality while work is in progress, tree care, and other associated tasks, and using an unbiased sample of work and determining actual quality percentage.

E. Contractor shall always have a copy of the contract at the work site.

F. Clean Up Before Contractor Departs a Work Unit. All Contractor’s rubbish, materials, temporary structures and equipment must be removed from the work area prior to going to another unit. The Contractor must leave the area in a clean condition satisfactory to the Contracting Officer.

G. Biobased / BioPreferred: In the performance of this contract, the Contractor shall make a maximum use of biobased products as stated in clause FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

EQUIPMENT CLEANING

All soil moving equipment shall be thoroughly cleaned to make it free of soil, noxious weed seeds, vegetative matter or other debris that could contain or hold seeds prior to being delivered to the project site. Equipment shall be considered free of soil, noxious weed seeds and other such debris when a visual inspection by the C.O.R., prior to the equipment being delivered to the site, does not disclose such material present. Disassembly of equipment components is not required. The Contractor shall notify the Forest Service at least five (5) working days prior to moving each piece of soil moving equipment onto the project site, unless otherwise agreed.

The Contractor shall thoroughly clean all soil moving equipment prior to moving them off a project site or between work areas on a project site that are known to be infested with noxious weed species of concern and other work areas, if any, that are free of noxious weed species of concern. Areas known to be infested with specific noxious weed species of concern to the Forest Service shall be noted in the Schedule of Work. The Contractor and the Forest Service shall agree on the methods of cleaning, location for the cleaning and control of off-site impacts, if any.

When new areas of infestation of noxious weeds of concern to the Forest Service are identified on the project site by either the Forest Service or Contractor they shall be promptly reported to the other party.

AGAR 452.236-78 Fire Suppression and Liability. (MAR 2016)

(a) Contractor's Responsibility for Fire Fighting. The Contractor, under the provisions of FAR clause at 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 or employees subject to the following fire classifications listed in subsection (b).

(b) 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 Forest Service for such cost for each operations fire, subject to a maximum dollar amount of [Contracting Officer insert amount]. The cost of the Contractor's actions, supplies, and equipment on 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 contractor's obligation stated above, 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. 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 Forest Service, on any fire on contract area other than an operations fire or a negligent fire.

(c) 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.

(d) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall temporarily redirect 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 any such redirection of employees and equipment will be made under the FAR clause at 52.243-4, Changes.

(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 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 expenditures on operations fires shall not be withheld pending settlement of any such claim or action based on State law.

LIST OF ATTACHMENTS

1. Attachment A: Attachment A_Map Ferry Lake

2. Attachment B: Attachment B_CampingPermit

3. Attachment C: FAR 52.212-1 Commercial Items (Addenda)

4. Attachment D: FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Dec 2022)

5. Attachment E: Attachment E_Wage Determination_1981_1253

The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/far/part-52.

The following solicitation provisions apply to this acquisition:

1. Instructions to Quoters- Commercial Items

a. Attachment 1 – FAR 52.212-1 Commercial Items (Addenda)

The following contract clauses apply to this acquisition:

· FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Dec 2022)

Unit Rate Ceiling:

Refer to Schedule of Items for :

B.1 – The Government has determined that this item shall not exceed a ceiling unit quantity of 50 hours.

C.1 - The Government has determined that this item shall not exceed a ceiling unit quantity of 50 hours.

D.1 – The Government has determined that this item shall not exceed a ceiling unit quantity of 30 hours.

The following subparagraphs of FAR 52.212-5 are applicable:

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (MAR 2023)

(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 products and commercial services:

(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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (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. 3805 note)).

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

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 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.)

_X_ (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).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (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 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 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 (Sep 2021) 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 (Oct 2022) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Oct 2022) ( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

_X_ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

__ (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 (Oct 2022) ( 15 U.S.C. 637(m)).

__ (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 (Sep 2021) ( 15U.S.C. 637(a)(17)).

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

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

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

_X_ (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.

_X_ (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).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

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

__ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 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 (Jun2014) 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.

_X_ (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 (Jun2016) (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.

_X_ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 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), Public Law 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 [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (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. Subtitle A, Part V, Subpart G 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 (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

_X_ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 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 (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Nov 2021) 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 products and commercial services:

[Contracting Officer check as appropriate.]

_X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

_X_ (2) 52.222-42, Statement of…