127EAS23Q0048 Desert Cold Springs Mechcanical Site Prep RFQ.docx

Desert Cold Springs Mechanical Site Preparation and Fuels Treatment Solicitation 127EAS23Q0048 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.

SECTION B – Schedule of Items/Price Schedule

Unit 301b

PRICE SUBMITTED BY:

Company Name

POC Name

SAM UEI #

Phone

Address

Email

SECTION B--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

B.1 SCOPE OF CONTRACT

Description of Work: The intent of this contract is to secure services for the following:

Mandatory Item #1: Hand Cut and/or Machine Cut and/or Machine Push and/or Masticate and/or Machine Pile 1 treatment unit totaling 30 acres.

Desert Cold Springs Area

Mandatory Item #2: Hand Cut and/or Machine Cut and/or Machine Push and/or Masticate and/or Machine Pile 1 treatment unit totaling 8 acres.

Desert Cold Springs Area

Mandatory Item #3: Hand Cut and/or Machine Cut and/or Machine Push and/or Masticate and/or Machine Pile 1 treatment unit totaling 22 acres.

Desert Cold Springs Area

Mandatory Item #4: Masticate (post-fire) 9 treatment units totaling 87 acres.

Desert Cold Springs Area

Mandatory Item #5: Masticate (trees/shrubs) 1 treatment unit totaling 99 acres.

Tobacco Gulch Area

Mandatory Item #6: Masticate (trees/shrubs) 4 treatment units totaling 39 acres.

Tobacco Gulch Area

Mandatory Item #7: Masticate (trees/shrubs) 6 treatment units totaling 125 acres.

Tobacco Gulch Area

Award of Optional Items: The Forest Service reserves the right to award individual units within an Optional Item. If the Forest Service elects to award Optional Items in no case will a partial unit be awarded. Optional Items may be awarded anytime up to September 15th, 2023.

Optional Item #8: Masticate (post-fire) 4 treatment units totaling 25 acres.

Desert Cold Springs Area

Optional Item #9: Masticate (trees/shrubs) 6 treatment units totaling 109 acres.

Kelsey Area

Optional Item #10: Masticate (trees/shrubs) 4 treatment units totaling 79 acres.

Kelsey Area

Optional Item #11 Hand Cut and/or Machine Cut and/or Machine Push and/or Masticate and/or Machine Pile 4 treatment units totaling 46 acres.

Desert Cold Springs and Trailhead Fire Areas

Optional Item #12: Hand Cut and/or Machine Cut and/or Machine Push and/or Masticate and/or Machine Pile 1 treatment unit totaling 16 acres.

Trailhead Fire Area

Optional Item #13: Hand Cut and/or Machine Cut and/or Machine Push and/or Masticate and/or Machine Pile 1 treatment unit totaling 19 acres.

Trailhead Fire Area

Contractor Responsibility: The Contractor shall provide everything--including, but not limited to, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

Before work may begin the Contractor shall designate, in writing, at least one person on site with authority to act in case of the Contractor’s absence from the work site. The Contractor shall list the extent of authority this representative will have on the job. The Contractor or authorized representative shall be on the project area whenever work is in progress and shall act as a non-working supervisor. In the absence of the Contractor, this authorized representative shall receive orders and instructions from the Contracting Officer and shall take such action as is required to keep the job in progress under the terms of the contract. The Contractor and authorized representative(s) shall have an oral command of both the English language and the language common to the crew(s).

B.2 Project Location & Description Location: The project is located on the Eldorado National Forest, Georgetown Ranger District in El Dorado and Placer Counties. Specific maps of the treatment areas are included in the Contract Maps sets and Supplemental Specifications.

Boundary Designation: Boundaries of treatment units will be flagged with red polka dot and/or verbally designated by Contracting Officer’s personnel on site at the time of treatment. Boundaries will generally be identifiable features on the ground, such as roads, ridges, drainages, or residual tree line.

Where boundaries cannot be flagged due to dense vegetation a GPS unit or tablet capable of using AVENZA maps will be required for the contractor to virtually locate unit boundaries.

Global Positioning System (GPS) or Geographic Information System (GIS) Arc View method was used to determine the gross size of work units in each item (see unit data tables in section C above). Payment will be based on Actual Treatment Acres determined by GPS after contractor completes unit. Contractor shall be required to have a GPS unit (Global Positioning System) on each piece of felling and mastication equipment capable of 30 ft (9.1 meters) accuracy. Each GPS unit shall be capable of downloading and uploading unit location data from F.S. Geographic Information Systems. Use of the AVENZA Map app. will be acceptable for this requirement.

Exclusions (non-work areas): Non-work sites or areas will be designated with orange flagging with the words “NOXIOUS WEED”, or pink and chartreuse (bright green) flagging and/or blue and white striped flagging.

Accessibility: Travel routes may be affected by rockslides, down timber and other unforeseen circumstances that may interrupt access.

All work areas are accessible by standard pickup, although 4X4 vehicles are highly recommended.

Any prospective contractor desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing from the Contracting Officer soon enough to allow a reply to reach all prospective contractors before the solicitation closing date. Oral explanations or instructions given before the award of a contract will not be binding.

B.3 Maps Maps showing the general vicinity and/or specific work areas are included in Section J. Maps are general in nature and are not to be considered as definitively identifying locations.

B.4 Estimated Start Date & Contract Time Start: June 1st, 2023 Time: Items 1, 2, 5, and 6 must be completed by September 30, 2023. All other Items, (3, 4, 7, 8, 9, 10, 11, 12, and 13), must be completed by the contract termination date.

See also Section F B.5 Restrictions on Work Work may be performed at any time during the period of the contract, except as outlined here. Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14). Restrictions are as follows:

· In accordance with the Fire Plan.

· When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

· When the Contracting Officer (or designated representative) determines that continued equipment operations during wet weather may cause excessive soil erosion and or soil compaction.

· Unless otherwise agreed, mechanical operations are not permitted during the Limited Operating Periods (LOP) listed in C.9.

· ITEMs 5, 6, and 7 Special Events, Unless otherwise agreed, mechanical operations are not permitted during the Limited Operating Periods on dates listed in the supplemental specifications C.9.

· In accordance with the Invasive Plant and Noxious Weed Design Criteria (See Map and supplemental specifications C.9).

· Aquatic Species Restrictions, mechanical operations can not start until aquatic species surveys are completed in units shown in C.9.

B.6 Licenses and Insurance

Before work may begin on this project, the Contractor shall provide the documentation required in the section (C.6.). Failure to provide the information will not change the date for starting work and contract time may begin before the contractor is permitted to work. Once contract time begins, the contractor shall provide the documentation within 10 calendar days or 20% of the contract time (whichever is less) or the contract may be terminated for default in accordance with the clause governing default (termination for cause).

The contractor shall obtain the insurance and licenses listed here; (see also Section L, Notices to Offerors and Respondents).

MSPA Card (Form WH510): This contract [ x ] does [ ] does not require the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy.

Worker’s Compensation Insurance: The Contractor shall provide evidence of Worker’s Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. Note: The Contractor working alone is not required to carry the insurance.

B.7 Camping and Housing Camping is not permitted in US Forest Service campgrounds. Contractor will be permitted to camp elsewhere on US Forest Service land by agreement and written permit. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit. (See also Section H, Camping Permit Compliance) B.8 Technical Requirements .

Equipment Requirements: At least 1 masticator must be equipped with an articulated arm with a reach of at least 20 feet horizontal distance to reach-in between trees and masticate material on road cut banks, within streamside buffers and on steep ground.

B.8-1 Definitions Crop tree: All healthy conifers on site not meeting treatment specifications.

DBH: Diameter of tree measured at 4.5 ft above ground on upper side of tree.

Machine Piling: Creation of piles using tractor with a brush rake with teeth that are a minimum of 12 inches in length spaced a minimum of 12 inches apart, or a tracked excavator or feller-buncher equipped with a grapple or rake-type head.

Mastication: To shred, chip or mulch forest vegetation and or trees meeting treatment specifications. (See C.9 Supplemental Specifications.)

Target Vegetation: See Specified Work Items below.

B.8.2 Specified Work Items:

Mandatory Items 1, 2, and 3 (see Map 2), Optional Items 11, 12, and 13 (see Map 7):

Hand Cutting and/or Machine Cutting and/or Machine Pushing and/or Mastication and Machine Piling.

Work Will Consist of:

· hand cutting, and/or

· feller-buncher cutting, and/or

· machine pushing and/or

· mastication, and/or

· machine piling.

The contractor may choose to use a single method, or a combination of methods to achieve desired end result to maximize the operational efficiency while also achieving project objectives.

Treatment will be directed at all living and dead shrubs, dead conifers, and dead hardwoods. No height or diameter minimums or maximums apply, except that living or dead shrubs less than 6 inches in height do not need to be treated and hardwoods greater than 20 inches dbh do not need to be treated.

Operations will not damage any living conifer. No Pacific yew, black oak, dogwood, elderberry, California nutmeg > 4” inches dbh or aspen, Fresno mat, Washington Lily, Red Hill Soap Root and Bear Grass shall be cut or masticated unless necessary for equipment operation. Madrone trees less than 10” inches dbh are considered shrubs for purposes of this contract and are to be treated.

All vegetative material, including masticated material, that is larger than 4 inches in diameter and/or longer than 3 feet in length will be machine piled. All piles created, if any, shall meet the Machine Piling Specification Standards, below.

All trees less than 18.0 inches dbh and all brush shall be cut with a maximum allowable stump height of 6” inches as measured from the uphill side of the stump. All trees greater than 18.1 inches dbh shall be cut with a maximum allowable stump height of 12 inches as measured from the uphill side of the stump.

Masticated debris shall not accumulate within 3 feet of base of living conifers to a depth of greater than 6 inches.

Mastication Measurable Performance Standards Vegetative Material shall be masticated (shredded, chipped, or mulched). Residual masticated vegetative debris resulting from the contractor’s operation shall lay flat on the ground and shall generally not exceed 12 inches in depth over 5% of the unit. Individual pieces over 6 feet in length shall cover less than 5% of the unit area.

Machine Piling Measurable Performance Standards Piles shall be neat, compact, and sufficiently free of dirt to allow for consumption of the piled debris when burned. Piles shall be compact and generally free of material extending more than 6 feet beyond the pile perimeter. Piles will generally be constructed by alternating butt ends of the logs and tops to help provide fine material on either end of the pile to achieve compaction and to help aid in ignition. All standards shall be measured up to 95% of any given specification.

1. Maximum pile height: No maximum height.

2. Minimum pile height: 10’, unless no other pile is within 100 ft of a pile that is 10 ft or less in height.

3. Piles shall be located to minimize damage to living conifers when the piles are burned.

4. No windrow piling will be permitted.

5. No piles will be within 100 ft of private property.

Mandatory Item 4 (see Maps 2 and 3), Optional Item 8 (see Map 3):

Mastication of Live and Dead Shrubs and Dead Conifer and Hardwood Trees.

Work Will Consist of Mastication of:

· all dead or living shrubs greater than 1 foot in height,

· all dead conifer trees greater than 8 inches in dbh,

· dead hardwoods less than 10 inches in dbh will be treated,

· live hardwoods less than 4 inches in dbh will be treated,

· masticated debris shall be no longer than 6 feet in length and rest within 12 inches of the ground upon treatment,

· masticated debris shall not accumulate within 3 feet of base of residual conifers to a depth of greater than 6 inches.

All masticated shrubs or trees will have a maximum stump height of 6 inches or less as measured on the up-hill side of the stump.

No Pacific yew, black oak, dogwood, elderberry, California nutmeg > 4” inches dbh or aspen, Fresno mat, Washington Lily, Red Hill Soap Root and Bear Grass shall be cut or masticated unless necessary for equipment operation.. Madrone trees less than 10” inches dbh are considered shrubs for purposes of this contract and are to be masticated.

Mastication Measurable Performance Standards Vegetative Material shall be machine masticated (shredded, chipped, or mulched). Residual masticated vegetative debris resulting from the contractor’s operation shall lay flat on the ground and shall generally not exceed 12” in depth over 5% of the unit. Individual pieces over 6 feet in length shall cover less than 5% of the unit area.

Mandatory Items 5, 6, and 7 (see Map 4), Optional Items 10, and 11 (see Map 6 and 7):

Tree/Shrub-Mastication.

Work Will Consist of Mastication of:

· all dead or living shrubs greater than 1 foot in height.

· all dead or living conifer trees greater than 1’ foot in height and smaller than or equal to 10” inches dbh to attain a residual stand of approximately 80 crop trees per acre with a maximum spacing of 40’ feet between trees with an average spacing of approximately 24’ feet. In units or portions of units with an abundance of trees greater than 11” inches dbh, it is recognized that more than 80 crop trees per acre may be retained. Contractor will be required to masticate all brush and conifer trees smaller than 10” inches dbh to achieve the 80 conifer trees per acre and the 24’ feet between trees objectives to the extent possible while avoiding undue damage to residual trees due to equipment movement.

· dead hardwoods less than 10 inches dbh will be treated.

· live hardwoods less than 4 inches dbh will be treated.

· operations shall not damage natural regeneration except as necessary to obtain desired spacing.

· masticated debris shall be no longer than 6 feet in length and rest within 12 inches of the ground upon treatment.

· masticated debris shall not accumulate within 3 feet of base of residual conifers to a depth of greater than 6 inches.

All masticated shrubs or trees will have a maximum stump height of 6 inches or less as measured on the up-hill side of the stump.

Where trees less than 10” inches dbh are left as part of the residual 80 crop trees per acre, contractor shall select crop trees using the following specifications:

· Species in order of decreasing preference when choosing leave trees:

· sugar pine

· giant sequoia

· Douglas-fir

· ponderosa (or Jeffrey) pine

· white fir

· insense cedar

· Height dominance of trees in relation to others of the same age class.

· Diameter dominance of trees in relation to others of the same age class.

· Dark green colored foliage with high live crown ratio.

· Straight bole.

· Single branch terminal.

· Free from physical defect.

· Free from insect and disease damage.

No Pacific yew, black oak, dogwood, elderberry, California nutmeg > 4” inches dbh or aspen, Fresno mat, Washington Lily, Red Hill Soap Root and Bear Grass shall be cut or masticated unless necessary for equipment operation. The above identified species will not be considered in terms of the 24’ feet residual tree average spacing objectives or the 80 trees/ac objective. Madrone trees less than 10” inches dbh are considered shrubs for purposes of this contract and are to be masticated.

Mastication Measurable Performance Standards Vegetative Material shall be machine masticated (shredded, chipped, or mulched). Residual masticated vegetative debris resulting from the contractor’s operation shall lay flat on the ground and shall generally not exceed 12” inches in depth over 5% of the unit. Individual pieces over 6 feet in length shall cover less than 5% of the unit area.

B.8-4 Government-Furnished Property None.

B.8-5 Public Safety The Contractor shall be required to carry out all operations in a manner which ensures the safety of the Public.

B.8-6 Salvage Rights There are no salvage rights under this contract.

B.8-7 Road Maintenance The Contractor may be required to repair damage to any roads which are used without the consent of the Contracting Officer or their Representative.

B.9 Supplemental Specifications No operations may occur within the dates and times specified in this section.

ITEMS 5, 6, &7: These Items have a Limited Operating Period. No work will be permitted during these periods:

· 5/7 CERA motorcycle event

· 5/20 Women’s Mountain Bike Experience event

· 5/26 to 5/28 GDETF equestrian event

· 6/09 to 6/11 CSHA equestrian event

· 6/24 to 6/25 Equine train sports equestrian event

· 6/15 tentative equestrian event

· 9/30 CERA motorcycle event

Limited Operating Period: (LOP) Unless otherwise agreed, mechanical operations are not permitted during the Limited Operating Periods of March 1st thru August 15th inclusive, for Units: 226, 227, 246, and 249 and portions of Unit 224 as shown on project map.

Limited Operating Period: (LOP) Unless otherwise agreed, mechanical operations are not permitted from 1st fall frontal system depositing a minimum of ¼ inch of rain, in one event, between October 15th through April 15th inclusive, in Units: 2, 3, 6, 15, 16, 118, 119, 120, 121, 356, and portions of Units 336, and 357 as shown on project map. Activities may resume after a 72-hour drying period.

Aquatic Species Restrictions: Operations may not begin within five weeks of Contractor’s notice of intent to operate in Units 118, 119, 120, and 121 to allow completion of required aquatic species surveys to verify absence of frogs.

Entire project area: Invasive plant sites in the project area will be flagged with orange colored flagging with the words “noxious weeds” printed on the flagging. The spread of occurrences will be avoided as much as possible by conducting all project work outside of flagged exclusion areas. If project activities cannot be completely avoided within flagged infestations, risk minimization strategies will be employed, such as working in the infested area last, working in infested areas when propagules are not viable, limiting the number of people or equipment within the infestation, and cleaning mechanical and hand equipment, clothing, boots, etc., before moving to other un-infested National Forest System lands.

B.10 Invoice Processing Platform (IPP) All payment requests must be submitted electronically through the US Department of the Treasury’s Invoice Processing Platform (IPP). To constitute a proper invoice, the payment request must comply with the requirements identified in FAR clause 52.212-4 Contract Terms and Conditions – Commercial Items. The IPP website address is: https://www.ipp.gov.

Each invoice shall be submitted on the Contractor’s letterhead or invoice form with the following:

1. Invoice date and Government Contract Number.

1. Billing period specified with beginning and ending dates. The beginning date must not be later than the completion date or within any previous billing dates.

1. An accounting (bulleted list, for example) of charges claimed and amounts due.

1. Total amount due for the billing period.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor’s Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 – 5 business days of award or the system implementation date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with their proposal or quotation.

INSPECTION AND ACCEPTANCE

B.11 Sampling [X]Plots. At least one percent of each treatment area will be sampled by a random series of plots distributed over the entire area. Plot size will be:

[ ]Transects.

[X]Other A 10% sampling of all piles.

B.12 Specific Inspection Procedures The Contracting Officer will make visual inspections while work is in progress for compliance with the terms of the contract.

Additionally, the Contracting Officer may make a systematic inspection using 1/50th acre (16.7 foot radius circle on a horizontal plane) plots to calculate an inspection quality based on treatment of target vegetation to prescription standards. Plots will be selected randomly and will not overlap. Sufficient plots will be taken to achieve a 1% sample of the treatment area (i.e. 1 plot for every 2 acres). Results will be recorded on inspection forms.

A random 10% of the piles will be inspected for piling quality. Piles will be checked for proper pile construction and to see if they are neat, compact, sufficiently free of dirt, and generally free of material extending more than 6 feet beyond the pile perimeter. Piles will be checked for proper height, minimum 10’, and proper spacing from living conifers, other piles, and private property. Each pile shall meet the quality and construction standards to a level measured up to 95% of any given specification.

In Hand Cutting and/or Machine Cutting and/or Machine Pushing and/or Mastication and/ or Machine Piling units inspections will check to see if all target living and dead shrubs, dead conifers, and dead hardwoods have been treated. All vegetative material, including masticated material, that is larger than 4 inches in diameter and/ or longer than 3 feet in length was machine piled. Mastication debris is 6 inches or less in depth within 3 feet of a base of a living conifer tree. Living conifers have been protected.

In Tree/Shrub-Mastication units and in Mastication of Live and Dead Shrubs and Dead Conifer and Hardwood Trees units inspections will check to see if all target vegetation has been treated/ masticated and where leaving residual trees is called for residual trees meet the residual tree selection and spacing criteria. Mastication work will be checked to make sure no masticated material is longer than 6 feet in length, rests within 12 inches of the ground, no greater than 6 inches in depth within 3 feet of the base of a living conifer, and stump heights are 6 inches of less uphill side. Masticated piece size and stump heights shall meet the previous specs over 95% of the plot area.

The plot and pile inspections will be pass/fail with a required pass rate of 90%.

Inspection results will be available to the contractor upon request.

B.13 Acceptance The following clauses which affect acceptance are incorporated by reference in Section I:

Responsibility for Supplies, Clause 52.246-16 Use and possession, Clause 52.236-11 Work will be deemed acceptable when the government’s visual inspections show acceptable performance.

See Section G regarding method of payment.

B.14 Government Inspections Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.

The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request.

Compliance Inspections. Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government.

Final Inspections. Final (formal) inspections for payment will be made on completed sub-items only. Contractor shall request final inspections in writing and give the Forest Service at least two working days advanced notice. Inspections will be completed within four working days after the notice is received If the work is not ready for inspection at the time specified by the Contractor, the cost associated with the inspection attempt may be charged to the Contractor.

Disputed Inspection.

The Contractor may request reinspection without rework if the results are unacceptable. Reinspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Reinspection will be accomplished within five working days after receipt of the contractor's written request.

The same sampling and inspection procedures will be used, but new samples will be taken. The inspection pattern will be shifted so that new samples will not overlap previously inspected samples. Results will be rounded to the nearest whole percent.

If reinspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If reinspection results are greater than five percentage points above or below the first inspection, the reinspection results will be used.

If the reinspection results are within five percentage points of the first inspection, the Contractor shall pay the actual costs of the reinspection.

Reinspection after Rework. Where rework after a failed inspection may improve the inspection results, the Contractor may rework the area and request (in writing) a second inspection. The Government will charge to the Contractor the cost of this additional inspection. Reinspection will be accomplished within five working days after the notice is received. The results of the second inspection will be final, and no further rework will be permitted. Areas not ready for reinspection at the time specified by the Contractor will not be reinspected, and the results of the first inspection will be final.

B.15 Work Timing The Contractor shall begin work within _3_ calendar days after the effective date of the Notice to Proceed and shall prosecute the work at a rate that will result in completion of all work within the following time frame:

Item No. Estimated Start Work Date Contract Time Mandatory

Optional

Failure to begin work on schedule will make the contract subject to immediate termination for default.

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time. The Government reserves the right to set the priority of items or subitems. Contractor shall complete all work on one subitem before proceeding to another.

[ X ] If this solicitation has more than one numbered item, award of more than one item to one contractor will not change the start work dates or the amount of contract time; times will run concurrently.

[ ] In the event of award of more than one item to one contractor, times will run consecutively. Time on the second item will begin automatically the day following expiration of time (including any extensions) on the first item. Likewise, time on a third item would begin immediately following expiration of time on the second, and so on.

B.16 Winter Shutdown When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time.

B.17 Pre-work Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held to discuss the contract--especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm, or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer.

Notice to Proceed.

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

B. [ ] Work on this contract may proceed and contract time will begin upon receipt of the awarded contract. Any adjustments to the anticipated completion date will be noted in the award letter.

B.18 Measurement Methods of Measurement.

[ ] Acreage was measured by dot grid method from aerial photographs.

[ ] Acreage was measured on a horizontal plane using compass and chain.

[X] Acreage was measured on a horizontal plane using a Global Positioning System.

[ ] Linear measurements have been taken with a wheel on the centerline of the trail or road.

[X] Estimated acreage: Actual acreage worked will be measured by the method(s) indicated above.

Remeasurement. Unless otherwise indicated by this contract, the contractor may request remeasurement of any quantities in Part B, when the units are acres or any linear measurement. The request must be made in writing and must be made within 10 calendar days of completing work on the unit in question. If remeasurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of remeasurement and no adjustment will be made in the quantity as stated in Part B. If remeasurement indicates a variance more than five percent from the stated quantity, payment will be based on the remeasured quantity, and the Contractor will not be liable for the costs of remeasurement. All remeasurements will be done by the Government. Remeasurement of acreage will be done with two people using a hand compass and ground measurement or by means of a Global Positioning System. This clause is not applicable to quantities listed as estimated quantities.

B.19 Payment Payments and Deductions. Payment will be made for fully acceptable work at the prices bid in the schedule of items. In the event of extended non-work periods because of adverse weather, the Contracting Officer may authorize progress payments for partially completed sub-items on a case-by- case basis. In accordance with the inspection clause, payment may be made for less than fully acceptable work at a reduced price. Other exceptions are noted below:

A. [ ] Payment will be made in full if inspection results are 90 percent or higher. No payment will be made if inspection results are less than 90 percent.

B. [X] Payment will be made in full if inspection results are 90 percent or higher. If inspection results are below 90 percent, a deduction will be made equal to 2 percent for every 1 percent below 90. For example, if inspection results are 87 percent, the bid price would be reduced by 6 percent. No payment will be made if results are less than 80 percent.

C. [ ] Liquidated damages will be charged as follows:

Contract Release. The following supplements the Payments clause in Section I:

Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

B.20 RETAINAGE (applicable to service contracts where work accomplishments are measured in units other than time) The following supplements Clause 52.232-1, Payments:

The Contracting Officer may retain up to 10 percent of the invoiced amount if the contractor is behind schedule at the time the invoice is presented. “Behind schedule” means that the percentage of work completed is less than the percentage of time used.

B.21 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.

No GFP Emergencies Fire Plan [ X ] See Section J, Fire Plan [ ] Not applicable; however, Contractors are required to comply with State law during fire season.

Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the following define the limits of a contractor's area of responsibility for fire under the terms of the Fire Plan (Section J):

[ ] (a) Trail Maintenance -50 meters on either side of the centerline [X] (b) Silviculture Projects - 70 meters around the perimeter of the unit being worked in [ ] (c) Special for this project:

B.22 Superintendence by Contractor The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.

B.23 Camping Permit Compliance Camping is allowed with a valid Forest Service camping permit. No camping allowed within Forest Service Campgrounds.

B.24 Archaeological and Historic Sites Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)--will be identified for the contractor before work commences.

B.25 Spill Plan If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

B.26 Equipment Cleaning Control of invasive species. All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of invasive species. “Off-road equipment” includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.

If the project area is known to contain invasive species, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

Section C – Contract Clauses 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar (AGAR clauses begin with 452) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

52.203-3 Gratuities (APR 1984)

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

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (DEC 2022) (DEVIATION 2017-1) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (MAR 2023) (DEVIATION 2017-1, DEVIATION DEC 2022)

(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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.3903 and 10 U.S.C. 3801)

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

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

[Contracting Officer check as appropriate.] ☒ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 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.)

☒ (4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1) ☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

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

☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

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

☐ (10) [Reserved].

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

☐ (12) (i) 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)).(DEVIATION DEC 2022) ☐ (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) [Contracting Officer check as appropriate.] ☒ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (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 (MAR 2023) (15 U.S.C. 632(a)(2)) ☐ (ii) Alternate I (MAR 2020) of 52.219-28.

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (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) (15 U.S.C. 637(a)(17)) ☒ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755) ☐ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126) ☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) ☒ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222-26 ☒ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (Jul 2014) of 52.222-35 ☐ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

☐ (ii) Alternate I (Jul 2014) of 52.222-36 ☒ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212) ☒ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496) ☒ (35) (i) 52.222-50, Combating Trafficking in Persons (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. chapter78 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 (Jun 2014) of 52.223-14 ☐ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b) ☐ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-16 ☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513) ☐ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) ☐ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693) ☐ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3 ☐ (48)(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) ☒ (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…